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    A Trump-Biden Rematch Is the Election We Need

    Joe Biden versus Donald Trump is not the choice America wants. But it is the choice we need to face.Yes, both men are unpopular, remarkably so. Only a third of Americans view President Biden favorably, and two-thirds of Democrats and Democratic-leaning voters want to nominate someone else for the presidency (no one in particular, just someone else, please). Trump is the overwhelming favorite to become the Republican nominee for the third consecutive time, but his overall approval rating is lower than Biden’s. And while 60 percent of voters don’t want to put Trump back in the White House, 65 percent don’t want to hand Biden a second term, either. The one thing on which Americans seem to agree is that we find a Biden-Trump 2024 rematch entirely disagreeable.This disdain may reflect the standard gripes about the candidates. (One is too old, the other too Trump.) But it also may signal an underlying reluctance to acknowledge the meaning of their standoff and the inescapability of our decision. A contest between Biden and Trump would compel Americans to either reaffirm or discard basic democratic and governing principles. More so than any other pairing, Biden versus Trump forces us to decide, or at least to clarify, who we think we are and what we strive to be.Trump is running as an overtly authoritarian candidate — the illusion of pivots, of adults in the room, of a man molded by the office, is long gone. He is dismissive of the law, except when he can harness it for his benefit; of open expression, except when it fawns all over him; and of free elections, except when they produce victories he likes. He has called for the “termination” of the Constitution based on his persistent claims of 2020 electoral fraud, and according to The Washington Post, in a new term he would use the Justice Department as an instrument of vengeance against political opponents. We know who Trump is and what he offers.Biden’s case to the electorate — for 2020, 2022 and 2024 — has been premised on the preservation of American democratic traditions. In the video announcing his 2020 campaign, he asserted that “our very democracy” was at stake in the race against Trump. In a speech two months before the midterm vote last year, he asserted that Trump and his allies “represent an extremism that threatens the very foundation of our Republic.” And the video kicking off his 2024 re-election bid featured multiple scenes of the assault on the Capitol on Jan. 6, 2021. “The question we are facing,” Biden said, “is whether in the years ahead we have more freedom or less freedom.” That is our choice in 2024.Like so many others, I also wish we could avoid that choice or at least defer it. As the journalist Amy Walter has put it, “Swing voters would rather eat a bowl of glass than have to choose between Trump and Biden again.” Well, it may be time to grab a spoon and unroll the gauze. When half the country believes democracy isn’t working well, when calls for political violence have become commonplace, when the speaker of the House is an election denier, it is time to face what we risk becoming and to accept or reject it. We have no choice but to choose.Even if some combination of poor health and legal proceedings somehow pushed Biden and Trump aside — and some blandly likable generic candidates took their places — we could not simply rewind the past eight years and return to our regularly scheduled programming. America would still face the choices and temptations that Biden and Trump have come to represent; the choice would not change, even if the faces did.A recent New York Times/Siena College poll that shows Trump leading Biden in five battleground states also asked registered voters which candidate they trust on key questions. Trump won on the economy, immigration and national security; Biden received higher marks on just two issues. The first was abortion, a core priority among Democratic voters and one that proved powerful in last year’s midterms and the off-year elections and ballot initiatives last Tuesday in states like Ohio, Kentucky and Virginia.The second issue on which Biden commands greater trust? By a slim margin, it is democracy. This advantage is pronounced among Black voters, who trust Biden over Trump by 77 to 16 percent on democracy, and Hispanic voters, who prefer Biden by 53 to 38 percent. (White voters, by contrast, sided with Trump 50 to 44 percent on that issue.) The protection of American democracy offers a potentially resonant message for Biden, precisely among parts of the Democratic coalition that he can ill afford to lose.Oddly, even as the electorate seems to want little to do with either of these two candidates — let alone with both at the same time — Biden and Trump seem to need each other. Biden’s case for saving American democracy loses some urgency if Trump is not in the race; I can’t imagine, say, a Nikki Haley nomination eliciting as much soul-of-America drama from the president. Similarly, Trump’s persecution complex, always robust, is strengthened with Biden as his opponent; the former president can make the case that his indictments and trials represent the efforts of the incumbent administration — and Trump’s political rival — to keep him down. After all, neither Gretchen Whitmer nor Gavin Newsom runs the Department of Justice.Of course, we already faced this choice — and made it — in 2020. Why insist on a do-over? Because a country approaching its 250th birthday does not have the luxury of calling itself an experiment forever; this is the moment to assess the results of that experiment. Because Jan. 6 was not the final offensive by those who would overrun the will of voters. Because a lone Trump victory in 2016 could conceivably be remembered as an aberration if it were followed by two consecutive defeats, but a Trump restoration in 2024 would confirm America’s slide toward authoritarian rule and would render Biden’s lone term an interregnum, a blip in history’s turn. And we must choose again because the fever did not break; instead, it threatens to break us.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Should Joe Manchin Run for President?

    In the emotional life of the liberal mediasphere, there was so little space between the release of the New York Times/Siena poll showing President Biden losing to Donald Trump handily across a range of swing states (doom! doom!) and the Democratic overperformance in Tuesday’s elections (sweet relief!) that one of the striking features of the polling passed with relatively little comment.This was the remarkably strong showing for Robert F. Kennedy Jr.’s independent candidacy. When added to the swing-state polls, Kennedy claimed 24 percent of registered voters against 35 percent for Trump and 33 percent for Biden.That number is notable along two dimensions. First, for showing Kennedy drawing close to equally from both likely nominees rather than obviously spoiling the race for one or the other. Second, for its sheer Ross Perotian magnitude, its striking-distance closeness to the major party candidates.Yet I don’t see a lot of people entertaining the “Kennedy wins!” scenario just yet, and for good reasons: Most notable third-party candidates eventually diminish, he may be artificially inflated by his famous name, and his crankishness is so overt (whereas Perot’s was gradually revealed) that many voters currently supporting him in protest of a Biden-Trump rematch may well abandon him after a light Googling.The world being strange, we shouldn’t take this conventional wisdom as gospel. But if we assume that Kennedy’s 24 percent is mostly about people seeking a third option rather than explicitly supporting his worldview, the immediate question is whether someone else should try to fill that space.Someone like, say, Joe Manchin, the West Virginia senator who spiced up his announcement bowing out of a re-election bid with some talk about “traveling the country” for a movement to “mobilize the middle.”There is already a potential vehicle for a Manchin candidacy in the No Labels movement, along with an effort to draft Manchin and Mitt Romney to run together, with Romney at the top of the ticket.But the ideal ticket would probably lead with Manchin. For an independent run, his branding as a moderate with strong ideological differences with the left seems stronger than Romney’s branding as a conservative with strong moral differences with Trump.When elites pine for a third-party candidate, they usually imagine someone like Michael Bloomberg, a fiscal conservative and social liberal. But the sweet spot for a third-party candidate has always been slightly left of center on economics and moderate to conservative on cultural issues — and that describes Manchin better than it does most American politicians. (It arguably described Biden once but not as he’s evolved in the past decade.)The West Virginian could run, authentically, as an unwoke supporter of universal health care, fiscal restraint and a middle ground on guns and abortion. That’s a better basis for a run than Bloombergism or Kennedy’s courtship of the fringes, with a chance of claiming votes from Never Trumpers and the center left.But is it worth the effort? Stipulate that Kennedy will remain in the race and hold on to some share of the vote that might otherwise be available to a third-party moderate. Then the question becomes whether both Trump and Biden could fall below their 35 and 33 percent levels in the Times/Siena poll, giving Manchin a plurality of the popular vote and a chance at an Electoral College win (because merely deadlocking the Electoral College would just send the race to the House, where — pending the results in 2024 — Trump would probably prevail).In a polarized landscape, that kind of mutual G.O.P. and Democratic collapse seems unlikely. But if you were drawing up a scenario for it to happen, it might resemble the one we’re facing — in which one candidate seems manifestly too old for the job and the other might be tried and convicted before the general election. Such a landscape seems as if it should summon forth a responsible alternative. Confronting the American people with a Trump-Biden-Kennedy choice would be a remarkable dereliction by our political elites.But comes the response from anxious liberals: Isn’t an even greater dereliction for a Democrat — however ornery and moderate — to embark on a run that could help re-elevate Trump to the White House?Let’s allow that it might be, but then let’s also allow that, if current polling holds, it’s not running an alternative to Biden that seems most likely to put Trump back in the presidency.That Trump-friendly polling may change. But it’s entirely possible to begin an independent candidacy and then suspend it (just ask Perot) if the situation looks entirely unpropitious. Which is what I’d advise Manchin to consider, if the donors and infrastructure are there: a patriotic attempt, to be abandoned if it’s going nowhere, but to be seen through if enough of the country desires a different choice.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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    Sweeping Raids and Mass Deportations: Inside Trump’s 2025 Immigration Plans

    Former President Donald J. Trump is planning an extreme expansion of his first-term crackdown on immigration if he returns to power in 2025 — including preparing to round up undocumented people already in the United States on a vast scale and detain them in sprawling camps while they wait to be expelled.The plans would sharply restrict both legal and illegal immigration in a multitude of ways.Mr. Trump wants to revive his first-term border policies, including banning entry by people from certain Muslim-majority nations and reimposing a Covid 19-era policy of refusing asylum claims — though this time he would base that refusal on assertions that migrants carry other infectious diseases like tuberculosis.He plans to scour the country for unauthorized immigrants and deport people by the millions per year.To help speed mass deportations, Mr. Trump is preparing an enormous expansion of a form of removal that does not require due process hearings. To help Immigration and Customs Enforcement carry out sweeping raids, he plans to reassign other federal agents and deputize local police officers and National Guard soldiers voluntarily contributed by Republican-run states.To ease the strain on ICE detention facilities, Mr. Trump wants to build huge camps to detain people while their cases are processed and they await deportation flights. And to get around any refusal by Congress to appropriate the necessary funds, Mr. Trump would redirect money in the military budget, as he did in his first term to spend more on a border wall than Congress had authorized.“Trump will unleash the vast arsenal of federal powers to implement the most spectacular migration crackdown,” said Stephen Miller, Mr. Trump’s former White House aide who was the chief architect of his border control efforts.Cooper Neill for The New York TimesIn a public reference to his plans, Mr. Trump told a crowd in Iowa in September: “Following the Eisenhower model, we will carry out the largest domestic deportation operation in American history.” The reference was to a 1954 campaign to round up and expel Mexican immigrants that was named for an ethnic slur — “Operation Wetback.”The constellation of Mr. Trump’s 2025 plans amounts to an assault on immigration on a scale unseen in modern American history. Millions of undocumented immigrants would be barred from the country or uprooted from it years or even decades after settling here.Such a scale of planned removals would raise logistical, financial and diplomatic challenges and would be vigorously challenged in court. But there is no mistaking the breadth and ambition of the shift Mr. Trump is eyeing.In a second Trump presidency, the visas of foreign students who participated in anti-Israel or pro-Palestinian protests would be canceled. U.S. consular officials abroad will be directed to expand ideological screening of visa applicants to block people the Trump administration considers to have undesirable attitudes. People who were granted temporary protected status because they are from certain countries deemed unsafe, allowing them to lawfully live and work in the United States, would have that status revoked.Similarly, numerous people who have been allowed to live in the country temporarily for humanitarian reasons would also lose that status and be kicked out, including tens of thousands of the Afghans who were evacuated amid the 2021 Taliban takeover and allowed to enter the United States. Afghans holding special visas granted to people who helped U.S. forces would be revetted to see if they really did.And Mr. Trump would try to end birthright citizenship for babies born in the United States to undocumented parents — by proclaiming that policy to be the new position of the government and by ordering agencies to cease issuing citizenship-affirming documents like Social Security cards and passports to them. That policy’s legal legitimacy, like nearly all of Mr. Trump’s plans, would be virtually certain to end up before the Supreme Court.In interviews with The New York Times, several Trump advisers gave the most expansive and detailed description yet of Mr. Trump’s immigration agenda in a potential second term. In particular, Mr. Trump’s campaign referred questions for this article to Stephen Miller, an architect of Mr. Trump’s first-term immigration policies who remains close to him and is expected to serve in a senior role in a second administration.All of the steps Trump advisers are preparing, Mr. Miller contended in a wide-ranging interview, rely on existing statutes; while the Trump team would likely seek a revamp of immigration laws, the plan was crafted to need no new substantive legislation. And while acknowledging that lawsuits would arise to challenge nearly every one of them, he portrayed the Trump team’s daunting array of tactics as a “blitz” designed to overwhelm immigrant-rights lawyers.“Any activists who doubt President Trump’s resolve in the slightest are making a drastic error: Trump will unleash the vast arsenal of federal powers to implement the most spectacular migration crackdown,” Mr. Miller said, adding, “The immigration legal activists won’t know what’s happening.”Todd Schulte, the president of FWD.us, an immigration and criminal justice advocacy group that repeatedly fought the Trump administration, said the Trump team’s plans relied on “xenophobic demagoguery” that appeals to his hardest-core political base.“Americans should understand these policy proposals are an authoritarian, often illegal, agenda that would rip apart nearly every aspect of American life — tanking the economy, violating the basic civil rights of millions of immigrants and native-born Americans alike,” Mr. Schulte said.‘Poisoning the Blood’Migrants gather outside the Roosevelt Hotel in Midtown Manhattan in August, waiting to be processed.Jeenah Moon for The New York TimesSince Mr. Trump left office, the political environment on immigration has moved in his direction. He is also more capable now of exploiting that environment if he is re-elected than he was when he first won election as an outsider.The ebbing of the Covid-19 pandemic and resumption of travel flows have helped stir a global migrant crisis, with millions of Venezuelans and Central Americans fleeing turmoil and Africans arriving in Latin American countries before continuing their journey north. Amid the record numbers of migrants at the southern border and beyond it in cities like New York and Chicago, voters are frustrated and even some Democrats are calling for tougher action against immigrants and pressuring the White House to better manage the crisis.Mr. Trump and his advisers see the opening, and now know better how to seize it. The aides Mr. Trump relied upon in the chaotic early days of his first term were sometimes at odds and lacked experience in how to manipulate the levers of federal power. By the end of his first term, cabinet officials and lawyers who sought to restrain some of his actions — like his Homeland Security secretary and chief of staff, John F. Kelly — had been fired, and those who stuck with him had learned much.In a second term, Mr. Trump plans to install a team that will not restrain him.Since much of Mr. Trump’s first-term immigration crackdown was tied up in the courts, the legal environment has tilted in his favor: His four years of judicial appointments left behind federal appellate courts and a Supreme Court that are far more conservative than the courts that heard challenges to his first-term policies.The fight over Deferred Action for Childhood Arrivals provides an illustration.DACA is an Obama-era program that shields from deportation and grants work permits to people who were brought unlawfully to the United States as children. Mr. Trump tried to end it, but the Supreme Court blocked him on procedural grounds in June 2020.Mr. Miller said Mr. Trump would try again to end DACA. And the 5-4 majority of the Supreme Court that blocked the last attempt no longer exists: A few months after the DACA ruling, Justice Ruth Bader Ginsburg died and Mr. Trump replaced her with a sixth conservative, Justice Amy Coney Barrett.Mr. Trump’s rhetoric has more than kept up with his increasingly extreme agenda on immigration.His stoking of fear and anger toward immigrants — pushing for a border wall and calling Mexicans rapists — fueled his 2016 takeover of the Republican Party. As president, he privately mused about developing a militarized border like Israel’s, asked whether migrants crossing the border could be shot in the legs and wanted a proposed border wall topped with flesh-piercing spikes and painted black to burn migrants’ skin.As he has campaigned for the party’s third straight presidential nomination, his anti-immigrant tone has only grown harsher. In a recent interview with a right-wing website, Mr. Trump claimed without evidence that foreign leaders were deliberately emptying their “insane asylums” to send the patients across America’s southern border as migrants. He said migrants were “poisoning the blood of our country.” And at a rally on Wednesday in Florida, he compared them to the fictional serial killer and cannibal Hannibal Lecter, saying, “That’s what’s coming into our country right now.”Mr. Trump had similarly vowed to carry out mass deportations when running for office in 2016, but the government only managed several hundred thousand removals per year under his presidency, on par with other recent administrations. If they get another opportunity, Mr. Trump and his team are determined to achieve annual numbers in the millions.Keeping People OutMigrants wait to be escorted by Border Patrol agents to a processing area in September. Mr. Trump’s stoking of fear and anger toward immigrants fueled his 2016 takeover of the Republican Party. Mark Abramson for The New York TimesMr. Trump’s immigration plan is to pick up where he left off and then go much farther. He would not only revive some of the policies that were criticized as draconian during his presidency, many of which the Biden White House ended, but also expand and toughen them.One example centers on expanding first-term policies aimed at keeping people out of the country. Mr. Trump plans to suspend the nation’s refugee program and once again categorically bar visitors from troubled countries, reinstating a version of his ban on travel from several mostly Muslim-majority countries, which President Biden called discriminatory and ended on his first day in office.Mr. Trump would also use coercive diplomacy to induce other nations to help, including by making cooperation a condition of any other bilateral engagement, Mr. Miller said. For example, a second Trump administration would seek to re-establish an agreement with Mexico that asylum seekers remain there while their claims are processed. (It is not clear that Mexico would agree; a Mexican court has said that deal violated human rights.)Mr. Trump would also push to revive “safe third country” agreements with several nations in Central America, and try to expand them to Africa, Asia and South America. Under such deals, countries agree to take would-be asylum seekers from specific other nations and let them apply for asylum there instead.While such arrangements have traditionally only covered migrants who had previously passed through a third country, federal law does not require that limit and a second Trump administration would seek to make those deals without it, in part as a deterrent to migrants making what the Trump team views as illegitimate asylum claims.At the same time, Mr. Miller said, the Centers for Disease Control and Prevention would invoke the public health emergency powers law known as Title 42 to again refuse to hear any asylum claims by people arriving at the southern border. The Trump administration had internally discussed that idea early in Mr. Trump’s term, but some cabinet secretaries pushed back, arguing that there was no public health emergency that would legally justify it. The administration ultimately implemented it during the coronavirus pandemic.Saying the idea has since gained acceptance in practice — Mr. Biden initially kept the policy — Mr. Miller said Mr. Trump would invoke Title 42, citing “severe strains of the flu, tuberculosis, scabies, other respiratory illnesses like R.S.V. and so on, or just a general issue of mass migration being a public health threat and conveying a variety of communicable diseases.”Mr. Trump and his aides have not yet said whether they would re-enact one of the most contentious deterrents to unauthorized immigration that he pursued as president: separating children from their parents, which led to trauma among migrants and difficulties in reuniting families. When pressed, Mr. Trump has repeatedly declined to rule out reviving the policy. After an outcry over the practice, Mr. Trump ended it in 2018 and a judge later blocked the government from putting it back into effect.Mass DeportationsFederal immigration-enforcement officers gathered for an arrest operation in May in Pompano Beach, Fla.Saul Martinez for The New York TimesSoon after Mr. Trump announced his 2024 campaign for president last November, he met with Tom Homan, who ran ICE for the first year and a half of the Trump administration and was an early proponent of separating families to deter migrants.In an interview, Mr. Homan recalled that in that meeting, he “agreed to come back” in a second term and would “help to organize and run the largest deportation operation this country’s ever seen.”Trump advisers’ vision of abrupt mass deportations would be a recipe for social and economic turmoil, disrupting the housing market and major industries including agriculture and the service sector.Mr. Miller cast such disruption in a favorable light.“Mass deportation will be a labor-market disruption celebrated by American workers, who will now be offered higher wages with better benefits to fill these jobs,” he said. “Americans will also celebrate the fact that our nation’s laws are now being applied equally, and that one select group is no longer magically exempt.”One planned step to overcome the legal and logistical hurdles would be to significantly expand a form of fast-track deportations known as “expedited removal.” It denies undocumented immigrants the opportunity to seek asylum hearings and file appeals, which can take months or years — especially when people are not in custody — and has led to a large backlog. A 1996 law says people can be subject to expedited removal for up to two years after arriving, but to date the executive branch has used it more cautiously, swiftly expelling people picked up near the border soon after crossing.The Trump administration tried to expand the use of expedited removal, but a court blocked it and then the Biden team canceled the expansion. It remains unclear whether the Supreme Court will rule that it is constitutional to use the law against people who have been living for a significant period in the United States and express fear of persecution if sent home.Mr. Trump has also said he would invoke an archaic law, the Alien Enemies Act of 1798, to expel suspected members of drug cartels and criminal gangs without due process. That law allows for summary deportation of people from countries with which the United States is at war, that have invaded the United States or that have engaged in “predatory incursions.”Tom Homan, who ran ICE for the first year and a half of the Trump administration, said he told Mr. Trump he would “help to organize and run the largest deportation operation this country’s ever seen.”Rebecca Noble for The New York TimesThe Supreme Court has upheld past uses of that law in wartime. But its text seems to require a link to the actions of a foreign government, so it is not clear whether the justices will allow a president to stretch it to encompass drug cartel activity.More broadly, Mr. Miller said a new Trump administration would shift from the ICE practice of arresting specific people to carrying out workplace raids and other sweeps in public places aimed at arresting scores of unauthorized immigrants at once. While every administration has used detention facilities, because of the magnitude of deportations being contemplated, the Trump team plans to build “vast holding facilities that would function as staging centers” for migrants waiting to be flown to other countries, Mr. Miller said. Such an undertaking would be fast-tracked, he said, “by bringing in the right kinds of attorneys and the right kinds of policy thinkers” — taking what is typically a methodical process “and making it radically more quick and efficient.”Mr. Miller said the new camps would likely be built “on open land in Texas near the border.” He said the military would construct them under the authority and control of the Department of Homeland Security. While he cautioned that there were no specific blueprints yet, he said the camps would look professional and similar to other facilities for migrants that have been built near the border.The use of these camps, he said, would likely be focused more on single adults because the government cannot indefinitely hold children under a longstanding court order known as the Flores settlement. So any families brought to the facilities would have to be moved in and out more quickly, Mr. Miller said.The Trump administration tried to overturn the Flores settlement, but the Supreme Court did not resolve the matter before Mr. Trump’s term ended. Mr. Miller said the Trump team would try again.To increase the number of agents available for ICE sweeps, Mr. Miller said, officials from other federal law enforcement agencies would be temporarily reassigned, and state National Guard troops and local police officers, at least from willing Republican-led states, would be deputized for immigration control efforts.While a law known as the Posse Comitatus Act generally forbids the use of the armed forces for law enforcement purposes, another law called the Insurrection Act creates an exception. Mr. Trump would invoke the Insurrection Act at the border, enabling the use of federal troops to apprehend migrants, Mr. Miller said.“Bottom line,” he said, “President Trump will do whatever it takes.”Zolan Kanno-Youngs More

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    Judge Puts Off Decision on Whether to Delay Trump Documents Trial

    Judge Aileen M. Cannon said she would meet with prosecutors and defense lawyers in March to settle on a schedule for the former president’s trial in federal court in Florida.A federal judge on Friday put off until at least March the fraught and consequential decision of whether to delay the start of former President Donald J. Trump’s trial on charges of illegally holding on to a trove of highly classified national security secrets after he left office.But acknowledging “the evolving complexities” in the proceeding, the judge, Aileen M. Cannon, also said it would be “prudent” to push back several deadlines she had set for pretrial motions to be filed, especially those involving the classified materials at the heart of the case.While Judge Cannon’s ruling left the question of the trial’s timing unresolved, it staked out a temporary middle ground between Mr. Trump’s lawyers and federal prosecutors in the office of the special counsel, Jack Smith.Mr. Trump’s legal team, pursuing a persistent strategy of delay, has repeatedly asked the judge to postpone the trial until after the 2024 election. Prosecutors under Mr. Smith have admitted that the case is complicated, but have asked Judge Cannon to hold the line and stick to the current trial date of May 20.At a hearing last week in Federal District Court in Fort Pierce, Fla., Judge Cannon, who was appointed by Mr. Trump, signaled that she was ready to make some “reasonable adjustments” to the timing of the case. She expressed concern in particular that her trial in Florida might “collide” with Mr. Trump’s other federal trial, a Washington-based proceeding on charges of plotting to overturn the 2020 election that is set to begin in early March.In an order on Friday explaining her decision, Judge Cannon reiterated her concern that the schedules for the two federal trials “as they currently stand overlap substantially.” That, she noted, could make it difficult to ensure that Mr. Trump had “adequate time to prepare for trial and to assist in his defense.”But Judge Cannon also said that Mr. Trump’s legal calendar — he is facing a total of four criminal cases — was “less important at this stage” than the challenges presented by the large volume of discovery evidence that the defense needs to digest. It was also less significant, she said, than the various difficulties involved in handling the sensitive materials at the center of the case under a law known as the Classified Information Procedures Act, or CIPA.Judge Cannon’s ruling left open the chance that the very sort of collision she has worried about might eventually take place. As part of her decision, she set a hearing on March 1 to determine the schedule for her case in Fort Pierce. That is only three days before Mr. Trump’s election subversion case is supposed to begin in Washington.Her ruling also did not foreclose the possibility that she might at some point delay the trial until after the election — a move that would be a major victory for Mr. Trump. Were that to happen, and were Mr. Trump to win the race, he could have the case thrown out entirely simply by ordering his attorney general to drop the charges.Notably absent from Judge Cannon’s ruling was any mention of how the trial calendar might intersect with Mr. Trump’s increasingly busy campaign schedule. It has been a challenge to find ample time for each of Mr. Trump’s four trials not merely in relation to one another, but also against the backdrop of a rapidly approaching set of primary elections and the Republican Party’s nominating convention in July.Judge Cannon chose to ignore Mr. Trump’s political calendar and to focus instead on logistical matters related to the nuts and bolts of the case. She pushed back several of her initial filing deadlines because of delays in constructing a secure facility in which she could review classified materials and because at least one lawyer in the case only recently obtained a full security clearance.She also said she was anticipating that the legal battles between the defense and the prosecution over how many — and precisely which — classified materials should be handed over as part of the discovery process would be “more robust than initially forecasted.”These fights, conducted under CIPA, she said, would require her to conduct a review of a “significant volume of information,” conduct more hearings and consider motions by the defense for additional disclosures. More

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    Elise Stefanik Files Ethics Complaint Against Trump Fraud Trial Judge

    Justice Arthur Engoron imposed a narrow gag order on Donald Trump. Right-wing allies are going after the judge on his behalf, through official channels and online.Representative Elise Stefanik, a member of the House Republican leadership and an ally of former President Donald J. Trump, filed an ethics complaint Friday attacking the judge presiding over Mr. Trump’s civil fraud trial, the latest salvo in a right-wing war against the case.Echoing the courtroom rhetoric of Mr. Trump’s lawyers, the letter complains that the Democratic judge, Arthur F. Engoron, has been biased against the former president, who testified this week in New York State Supreme Court. The New York attorney general, Letitia James, has accused Mr. Trump of fraudulent business practices, and in a pretrial ruling Justice Engoron agreed, validating the heart of her case.The letter, to a judicial conduct commission, is unlikely to have any immediate repercussions in the trial, which will determine the consequences Mr. Trump and his company will face as a result of the fraud. But it represents the latest Republican attempt to tar Justice Engoron, and to meddle with Ms. James’s case. The judge has placed narrow gag orders on both the former president and his lawyers, but nothing bars Mr. Trump’s allies from their criticism.They have taken up the effort with gusto.“I filed an official judicial complaint against Judge Arthur Engoron for his inappropriate bias and judicial intemperance in New York’s disgraceful lawsuit against President Donald J. Trump and the Trump Organization,” Ms. Stefanik said in a statement Friday.“Judge Engoron’s actions and rulings in this matter are all part of the public record and speak for themselves,” Al Baker, a spokesman for the New York court system, said in an email. “It is inappropriate to comment further.”Robert H. Tembeckjian, the administrator of the state commission on judicial misconduct, noted in a statement that all matters before the body are confidential unless a judge is found to have committed misconduct and a decision is issued.Mr. Trump, 77, has repeatedly implored his allies to fight on his behalf. And Ms. Stefanik, who has close ties to Mr. Trump’s team, has portrayed herself as one of his chief defenders, thrusting herself into the former president’s controversies dating back to the first impeachment he faced while president.The civil fraud trial, which is separate from the four criminal cases against Mr. Trump, began early last month and is at its halfway point. After the former president and his daughter, Ivanka, testified this week, the attorney general’s office rested its case, which accuses Mr. Trump and his company of filling annual financial statements with fraudulent asset values in order to receive favorable treatment from banks and insurers. The defense case will start on Monday, with Donald Trump Jr. scheduled to return to the stand, and is expected to last into December.Justice Engoron, 74, has not responded to the attacks outside the courtroom, though at one point this week he lost his temper when a lawyer for Mr. Trump, Christopher M. Kise, suggested, as he has throughout the trial, that the judge had been biased.“I object now, and I continue to object, to your constant insinuations that I have some sort of double standard here. That is just not true,” the judge said, adding, “I just make the rulings as I see them. You know, like the umpire says, call them as I see them.”Representative Elise Stefanik of New York has become one of the former president’s paladins, vociferously attacking those he sees as enemies. Kenny Holston/The New York TimesStatements like those are unlikely to satisfy Mr. Trump’s allies, and Ms. Stefanik’s attack is just one of many hurled at the judge this week. Laura Loomer, a far-right activist whom Mr. Trump considered hiring to work on his third presidential campaign and has since praised, has targeted the judge and his family in numerous social media posts. Commentators on Fox News and elsewhere in right-wing media have attacked him for shirtless photos that appeared in an alumni newsletter.Ms. Stefanik and others have also attacked the judge’s principal law clerk, Allison Greenfield, who has experience as a trial attorney and whom the judge consults during proceedings when considering rules of evidence and other trial matters.Mr. Trump attacked Ms. Greenfield on the second day of the trial, saying that she was a partisan and was running the case against him. Justice Engoron placed a gag order on the former president barring him from discussing the court staff; Mr. Trump has twice violated that order, incurring $15,000 in fines.After the former president was barred from speaking about Ms. Greenfield, his lawyers took up the cause, continuing to complain about the judge’s practice of consulting her during the trial. Justice Engoron barred the lawyers from commenting on his private communications with Ms. Greenfield. He expressed concern about the safety of his staff and noted that his office had received “hundreds of harassing and threatening phone calls, voicemails, emails, letters and packages.”Republican critics have taken particular issue with donations that Ms. Greenfield, who is also a Democrat, has made over the past several years, accusing her of violating rules governing the conduct of judicial staff members. But Ms. Greenfield has been campaigning for a judgeship and New York’s judicial ethics rules allow candidates to make certain donations, such as purchasing tickets to political functions.Mr. Trump’s congressional allies have taken on a number of the law enforcement officials who have brought cases against the former president. After the former president was criminally indicted in Manhattan in March, Representative Jim Jordan, who has worked closely with Mr. Trump, demanded information about the case from the prosecutor, the Manhattan district attorney, Alvin L. Bragg. Mr. Jordan also subpoenaed Mark F. Pomerantz, a prosecutor who had worked on the criminal case, compelling Mr. Pomerantz to testify in a closed-door congressional session.Mr. Jordan has also said he would investigate a Georgia prosecutor who also indicted Mr. Trump, accusing him of interfering with the 2020 election results in the state. The prosecutor, Fani Willis, fired back, writing in a letter that Mr. Jordan’s “attempt to invoke congressional authority to intrude upon and interfere with an active criminal case in Georgia is flagrantly at odds with the Constitution.” More

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    As Haley Rises, the Clock Is Ticking on Taking Down Trump

    Nikki Haley has had three solid debates, has ample cash and has climbed in the polls. She’s still banking on a breakthrough to catch up to the front-runner.In the Republican nomination contest, even five-inch stilettos might not be enough to overcome the towering figure of Donald J. Trump.For a third time on Wednesday night, Nikki Haley won praise for her deft performance on a Republican primary debate stage.Over the course of the two-hour face-off, Ms. Haley displayed her foreign policy credentials, parried attacks on her record and even transformed her shoes into a campaign weapon. When Vivek Ramaswamy, Ms. Haley’s most aggressive antagonist, derided her as “Dick Cheney in three-inch heels,” Ms. Haley was ready to rise above.Literally, at least, if not figuratively.“They’re five-inch heels,” she said, standing tall in her spiky black shoes. “And they’re not for a fashion statement. They’re for ammunition.”Still, months of campaigning, a series of strong debate performances, healthy campaign accounts and rising numbers in surveys of early voting states haven’t been enough to put Ms. Haley within striking distance of Mr. Trump, who remains the dominant front-runner. While Ms. Haley’s support has increased, particularly in Iowa, voters have yet to flock to her candidacy in overwhelming numbers. A number of megadonors have taken a wait-and-see approach, keeping an eye on Ms. Haley but remaining on the sidelines.Now, a little less than 10 weeks before Iowa voters cast the first ballots in the caucuses there, the clock is ticking.“The momentum is clearly there, but momentum is a very elusive thing,” said Kevin Madden, a former Republican operative who worked on Mitt Romney’s 2012 and 2008 presidential campaigns. “How does she turn it into an avalanche — 1,236 delegates to secure the nomination at the convention? The blueprint for that has yet to be unveiled.”Ms. Haley’s backers say that Wednesday’s performance should help her continue to make inroads — drawing major donors and gaining support among voters eager for an alternative to Mr. Trump.Fred Zeidman, a Texas businessman who has been one of Ms. Haley’s biggest fund-raisers since the start, said he fielded calls on Wednesday night from people who were “ready to get out their checkbooks.”Onstage, she showed her “substantive” knowledge on policy issues and kept her cool “even when her mettle was tested by Vivek,” he said.Beyond her confrontations with Mr. Ramaswamy, Ms. Haley seized opportunities to demonstrate her foreign policy experience and political acumen and continue making her general election pitch. While her male opponents tried to soften their tone on abortion — the debate came a day after Democrats successfully leveraged the issue against Republican candidates in the off-year elections this week — Ms. Haley simply repeated the conciliatory message of compassion she has been pushing for months.And when it came to international affairs, she offered a rejoinder that none of her rivals could match. When Mr. DeSantis said that as president, he “would be telling” Benjamin Netanyahu to eliminate Hamas after the horrific Oct. 7 attack, Ms. Haley, the former U.S. ambassador to the United Nations, immediately made it clear she had already delivered the message to the Israeli prime minister.“The first thing I said to him when it happened was I said, ‘Finish them,’” Haley said.Yet Ms. Haley faces a significant climb. One recent poll of Iowa had Ms. Haley tied at 16 percent support with Gov. Ron DeSantis of Florida — with Mr. Trump 27 points ahead. Part of her challenge is the crowded field, which has made it more difficult for any single candidate to consolidate support. And plenty of donors, of course, have stuck with Mr. Trump: On Thursday, Bernie Marcus, the Home Depot founder, who had not committed to matching his previous financial support for the former president, announced he would be backing his third presidential bid.Ms. Haley’s supporters say that the race remains fluid and that there is still time for the field to winnow into a Haley-Trump matchup in South Carolina, her home state and the third on the nominating calendar. They believe that Ms. Haley can emerge as the central alternative to Mr. Trump, even if her main primary rival — Mr. DeSantis — remains in the race.A close second-place finish — or even capturing the biggest vote share in Iowa after Mr. Trump — could catapult Ms. Haley into New Hampshire and the contests that follow, attracting fresh support and prompting some rivals to bow out, argue her aides and surrogates.Ms. Haley’s team has been trying to leverage her unique profile. The only woman on the stage, she stands out by definition.Campaign aides and surrogates describe women as some of her most critical enthusiastic boosters, donors and volunteers. “Women for Nikki” groups have been expanding across the country since her campaign began in February, largely based on word-of-mouth and friends reaching out to friends, campaign aides and volunteers said. They now include spinoffs for young mothers, students and military spouses.“This is being driven by a momentum because of who she is and how she connects with people,” said Jennifer Nassour, a regional co-chairwoman of the “Women for Nikki” coalition. On the campaign trail, both men and women are quick to cite their excitement for the possibility of the first female president, but they argue that Ms. Haley’s qualifications, competence and projection of calmness in the face of chaos are driving their support.“I want to see a woman that will fight for our country and put our country first, and that’s what she did when she was at the U.N., and I believe that’s what she will do,” said Noel Searles, 75, a retired sales manager who recently listened to her speak at a diner in Londonderry, N.H.Yet, in some ways, Ms. Haley has been caught in a circular cycle. Some of the Republican Party’s largest donors have been cautious, expressing interest but wanting to see if she can capture enough support among primary voters to make a serious run at Mr. Trump. Supporters of Ms. Haley argue that the backing of major party donors could help her consolidate support by nudging some rivals toward the exits.As the race heads toward Iowa, one advantage Ms. Haley has is money. Between July 1 and the end of September — the most recent numbers available in federal campaign finance filings — she raised $11 million across her political committees, a steady increase over the two previous quarters.What’s more, her campaign has kept costs low: In the third quarter, her campaign spent $3.5 million, about 43 cents of every dollar it took in. That is a marked contrast with Senator Tim Scott’s presidential campaign, which spent $2.70 of every dollar it received, and Mr. DeSantis’s campaign, whose spending slowed over the quarter but still leveled out spending nearly every dollar it took in.As of Thursday, the campaign had not itself bought any advertising time. (A super PAC backing Ms. Haley has spent more than $22 million on advertising in early primary states, according to an analysis by AdImpact, a media-tracking firm.)There are some signs major donors are turning their attention to her. Harlan Crow, a wealthy real estate developer, hosted a fund-raiser for her in October with well-connected real estate and oil and gas donors in attendance. Former Gov. Bruce Rauner of Illinois, a top giver to Mr. DeSantis, transferred his allegiance to Ms. Haley after the first debate. Last week, one of former Vice President Mike Pence’s top donors — the Arkansas poultry magnate Ron Cameron — said he would back her, after Mr. Pence dropped out of the race.Arun Agarwal, a Haley donor and textiles executive in Dallas, expressed optimism more key backers would follow. He said he received several texts from major Texas donors as the debate progressed asking what they could do to help. Mr. Agarwal added that he had seen this slow and steady rise before: He first reached out to Ms. Haley sometime around 2004 when he came across a news article of her long-shot bid for the South Carolina State House. To his surprise, she won that race.There were such “high expectations going into last night and she met them,” he said. “We need to get off the sidelines and start supporting what we believe in.” More

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    The Republican Alternatives to Trump

    More from our inbox:Whatever Happened to Civil Presidential Debates?Questions for HamasQuestions for IsraelAdvice for These Fraught TimesAntipsychotic Drugs and Weight GainThe presidential hopefuls seemed content to aim for second place behind former President Donald J. Trump and deliver digs at President Biden.Maansi Srivastava/The New York TimesTo the Editor:Re “If You’re Going to Win the Nomination, Here’s Step 1,” by Kristen Soltis Anderson (Opinion guest essay, Nov. 8):Ms. Anderson says that many Republicans are open to opponents of Donald Trump who can articulate a new direction for the party, but that those candidates are running out of time to make their case.Ms. Anderson mentions the former South Carolina governor Nikki Haley as a viable alternative to Mr. Trump. But in terms of good fiscal governance and foreign policy, I believe that Ms. Haley is even more misguided than Mr. Trump.For example, she has recommended ending the federal gas tax, enacting a new middle-class tax cut and extending the 2017 Trump administration tax cut. While such policies might attract some voters to Ms. Haley, they would greatly diminish the revenue needed to pay for essential services, not to mention blowing up the national debt.As for international affairs, she has recommended sending special forces to “take out the cartels” in Mexico. Imagine how Mexico and other countries might react to such an invasion.Serious Republicans don’t need to look far to find a better presidential candidate than Ms. Haley.Eric MurchisonVienna, Va.To the Editor:Ron DeSantis, Nikki Haley and the other G.O.P. candidates must know that the most likely path to a nomination for them is if Donald Trump is convicted or forced to drop out of the race. In that scenario, many Republican voters are likely to be very angry, and they will rally behind the candidate who can most compellingly channel their indignation. Anyone who has been seen as significantly anti-Trump will be out of the running.It is strategically savvy of them not to level any direct harsh criticism at Mr. Trump. If the time comes that Mr. Trump is forced out of the race, the last thing his competitors will do in that situation is suggest that the charges against him are anything other than politically motivated.William ShermanHuntington, N.Y.To the Editor:This guest essay suggested that the candidates explain why they are running against Donald Trump, which in fact was one of the questions asked during Wednesday’s debate. Perhaps the reason they have not yet done so convincingly is that they are not running “against” Mr. Trump.Several of them are likely running for vice president, and that would preclude discussing their differences.Carolyn BrossBloomingdale, N.J.Whatever Happened to Civil Presidential Debates? To the Editor:Re “From Substance to Shouting: The Demise of Political Debate in America” (Opinion video, nytimes.com, Nov. 7):Our view of politics has shifted dramatically from the days when presidential debates were respectful discussions of platforms and ideologies. I am a high school junior, and my classmates and I are worried about the future of the American presidency.Presidential debates, once characterized by thoughtful discussions, have transformed into heated contests where candidates pick one another apart in hopes of winning a few more percentage points. Genuine discourse is rare, and recap videos showcase the biggest insults or the funniest moments.How does it affect our country’s future when presidential candidates can’t engage in respectful discussion? What does it mean for American society when our ideology divides us completely? A president’s priority should be to represent the people and work toward the betterment of our nation. We cannot afford to lower this standard.As the future generation of voters and leaders, it falls on us young people to advocate a return to civil and meaningful discussion in our political debates. The strength of our democracy depends on it, and young voices need to be part of the solution.Maia DietzSan Jose, Calif.Questions for Hamas Ronen Bergman/The New York TimesTo the Editor:Re “Hamas’s Goal for Oct. 7: A Permanent State of War; Group’s Leaders Say Carnage Was Needed to Restore Focus on Palestinians” (front page, Nov. 9):After reading your interviews with Hamas leaders, one wonders:1. Are the Palestinian citizens of Gaza OK with a permanent state of war?2. Where is that permanent state of war supposed to lead?3. What cause was “slipping away”? Certainly not peace or a two-state solution; so what is left?4. If the cause and the policy of permanent war mean the destruction of Israel, are all those chanting “Free Palestine” or “From the river to the sea” supportive of that?Scott BenardeWest Palm Beach, Fla.Questions for IsraelTo the Editor:Israel’s stated war objective, repeated often by Prime Minister Benjamin Netanyahu, is to “destroy Hamas.” Hamas is a movement, a political-military organization with the backing of Iran and other entities.Might one ask what exactly does “destroy Hamas” look like? Is it every member of Hamas surrendering, or is it the death of the leadership, much of which does not even live in Gaza? How does one measure success when the stated aim is impossible to measure, let alone manage?I think that if we are paying for the arming of Israel — and make no mistake, we are — we are entitled to a straight answer.Geoffrey D. BatrouneyRye Brook, N.Y.Advice for These Fraught Times Photo illustration by The New York TimesTo the Editor:Re “How to Stay Sane in Brutalizing Times,” by David Brooks (column, Nov. 5):What amazing advice from Mr. Brooks on how people can stay sane in these perilous times. His emphasis on humility, prudence and caution is inspiring. I would add just one thing: self-compassion. Today public leaders need to be kind to themselves for the nearly impossible jobs they are often called on to do.Jerome T. MurphyCambridge, Mass.The writer is a retired Harvard professor and dean who taught courses on leadership.To the Editor:David Brooks reaches back thousands of years, integrating diverse cultures and quoting appropriate phrases from several authors, to emphasize the vast depth of his subject matter. Yet after all that, he does not cite the one that summarizes the entire concept: “Love one another. As I have loved you, so you must love one another.”Mary Ann McGinleyWilmette, Ill.Antipsychotic Drugs and Weight Gain Derek AbellaTo the Editor:Re “Psychiatric Drugs Add Pounds. Some See Solution in Ozempic” (front page, Nov. 6):Like other clinical psychiatrists, I use a simple, low-tech solution for my patients who gain weight on their antipsychotic drugs. In consultation with our patients, we find another antipsychotic, one that doesn’t cause weight gain. There are many to choose from.Together with our patients, we look for the most effective drug with the least side effects, at the lowest possible dose. To be on the safe side, we weigh our patients at each visit to guard against weight gain.Of course, this requires continuing follow-up visits with our patients, to form a trusting relationship and a common goal of healing. But with a new patient it’s essential to provide such close attention.Some might object that such frequent office visits for follow-up care are too expensive. But compared with the monthly cost of Ozempic, good care is a bargain.Alice FellerBerkeley, Calif. More

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    Winners and Losers From the Third Republican Debate

    Welcome to Opinion’s commentary for the third Republican presidential debate, held in Miami on Wednesday night. In this special feature, Times Opinion writers and contributors rate the candidates on a scale of 0 to 10: 0 means the candidate probably didn’t belong on the stage and should have dropped out before the debate even started; […] More