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      Fearful of Trump’s Autocratic Ambitions

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      More from our inbox:Pro-Palestinian Students on CampusMideast MythsWhen a Case Is Closed, Let the Target KnowCharles Peters and NeoliberalismFormer President Donald J. Trump has framed his campaign as the “final battle” against political adversaries, and he and his allies are devising plans for a second term that would upend some of the long-held norms of American democracy.Meridith Kohut for The New York TimesTo the Editor:Re “Autocratic Tone Intensifies Fears of Trump’s Plans” (front page, Nov. 21):I applaud former Defense Secretary Chuck Hagel and former Gov. John Kasich, both Republicans, for denouncing Donald Trump’s authoritarian language and ambitions.It is incumbent on other prominent Republicans to renounce Mr. Trump and state that he is not fit to serve as president.As stated in the article, a recent survey “found that 38 percent of Americans supported having a president ‘willing to break some rules’ to ‘set things right’ with the country. Among Republicans surveyed, 48 percent backed that view.”This view is shocking. Republican leaders have a responsibility to educate voters and help change this perspective.It is imperative that all Americans actively promote and support democracy against threats both foreign and domestic.James H. MillsCumberland Center, MaineTo the Editor:As frightening as it is to think of this man being elected again, we must also address this issue: Should Donald Trump not win, would he again try to overturn the results of the election and call on his supporters to storm the Capitol?Can the country afford to go through this again? I think not.Donald Trump is so unhinged and delusional that nothing would stop him from denying the election results once again and trying to stop Congress from certifying the results. This issue should be front and center as one of too-many-to-count reasons that this man should be stopped!Robin KroopnickBranford, Conn.To the Editor:Re “The Roots of Trump’s Rage,” by Thomas B. Edsall (Opinion guest essay, nytimes.com, Nov. 22):What’s the point of analyzing Donald Trump’s psyche to find out why he seethes with hate? It’s far more important to understand just why that hate finds ready purchase among such a large swath of the electorate.According to a CNN poll taken in July, nearly 70 percent of Republicans and Republican-leaning independents believe the blatant lie that Mr. Trump won the 2020 election. We have no reason to suspect that this figure has diminished significantly since then.But why is that? We do not live in a totalitarian state — at least, not yet. No one is forcing these voters to accept that lie or watch it amplified on Fox News. They freely choose to do so.Like all cunning demagogues, Mr. Trump mirrors and mobilizes the latent hatred in his die-hard supporters, who view his many character defects as virtues. Without them, he would be nothing. There lie the real roots of his rage.Bryan L. TuckerBostonPro-Palestinian Students on CampusColumbia University suspended its chapter of Students for Justice in Palestine.Bing Guan for The New York TimesTo the Editor:Re “Inside the Group Protesting for Palestine Across College Campuses” (news article, Nov. 22):Brandeis, Columbia and George Washington University are missing a valuable teaching opportunity by banning or suspending Students for Justice in Palestine.They would be better served by inviting representatives from the organization to meet with representatives from pro-Israel and other student groups to work together brainstorming solutions. The forums would include professors and other professionals with valuable expertise. It would be guided by mediators.The goal would be to work on solutions instead of demands. Although the forums would have little immediate influence, they would teach and publicize alternatives to the extreme partisanship so prevalent today.Fox News and extremist Republicans are using pro-Palestinian student demonstrations to slant popular opinion against protesting students and liberal institutions while setting examples themselves in vitriol and extreme partisanship.As a counterweight, universities need to reaffirm their role of preparing students to be honest, open-minded and thoughtful leaders. It’s time to elevate the teaching of mediation both in our colleges and our high schools.Compromise and working together despite differences are key to successful democracies, and vesting students with responsibilities tends to make them more responsible.John PappenheimerHadley, Mass.To the Editor:Of course, the tactics of Students for Justice in Palestine “can provoke discomfort” on college campuses. So what? Although some S.J.P. tactics, such as impeding student access to classes, are unacceptable, discomfort is inevitable in institutions dedicated to the free exchange of ideas.Felicia Nimue AckermanProvidence, R.I.The writer is a professor of philosophy at Brown University.Mideast Myths William Keo/Magnum PhotosTo the Editor:Re “Three Myths of the Middle East,” by Nicholas Kristof (column, Nov. 16):It is ironic that in his attempt to dispel myths of the Middle East, Mr. Kristof addresses the lack of a Palestinian state without mentioning that the Palestinians have rebuffed generous offers of statehood and refused to enter negotiations with Israel on even more occasions.In his omission, he propels the myth that Palestinians are mere victims who never had any opportunities to have a state. They cannot continue to refuse to negotiate and accept these offers and still complain about being stateless.Mark MisenerNew YorkWhen a Case Is Closed, Let the Target Know Caitlin Ochs for The New York TimesTo the Editor:Re “The Legal Double Standard That’s Rarely Discussed,” by Preet Bharara (Opinion guest essay, Nov. 19):Mr. Bharara is correct that prosecutors should provide notice to the subjects or targets of a criminal investigation that the government has decided not to file charges. The American Bar Association’s Criminal Justice Standards for Prosecutorial Investigations state that “to the extent practicable, the prosecutor should, upon request, provide notice of termination of the investigation to subjects who became aware of the investigation.”As the former head of a criminal litigating section at the Justice Department, and in private practice, I have given and received such “declination letters.”The A.B.A. standards could become part of the Justice Manual that guides all federal prosecutors. As Mr. Bharara observes, all those involved in the justice system, “prosecutors, the public and those being investigated,” would benefit from this small bit of grace by the government.Steven P. SolowWashingtonCharles Peters and NeoliberalismCharles Peters in 2017 at his home in Washington. He was often called the “godfather of neoliberalism,” the core policy doctrine of his magazine.Al Drago/The New York TimesTo the Editor:Re “Charles Peters, Founder of The Washington Monthly, Is Dead at 96” (obituary, Nov. 25):Though the obituary was generous and informative, it should have explained to readers that Mr. Peters’s use of the term “neoliberalism” to describe the magazine’s political philosophy in the early 1980s was nearly the opposite of what that word would later come to mean.Neoliberalism today connotes market fundamentalism — the belief that government intervention in the economy is largely counterproductive and antithetical to growth and prosperity. Mr. Peters, by contrast, vigorously defended tough regulation of corporate behavior and other actions by government aimed at giving average Americans a leg up economically.While he was certainly — indeed famously — critical of some aspects of traditional liberalism, he was no libertarian but, rather, a die-hard F.D.R. Democrat.Paul GlastrisWashingtonThe writer is editor in chief of The Washington Monthly. More

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      Is Trump Disqualified From Holding Office? The Question Matters, Beyond Him.

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      State courts in Colorado, Michigan, Minnesota and elsewhere have so far declined to rule in favor of challenges asserting that Donald Trump should be disqualified from holding the presidency again under Section 3 of the 14th Amendment. (Cases in Michigan and Colorado have been appealed.)Challengers assert that Mr. Trump is barred because, as stated in Section 3, he was an officer of the United States who, after taking an oath to support the Constitution, “engaged in insurrection or rebellion against” the country, or gave “aid or comfort to the enemies thereof,” before and during the Jan. 6, 2021, attack on the Capitol.Mr. Trump and his campaign have called this claim an “absurd conspiracy theory” and efforts to bar him “election interference.” Some election officials and legal scholars — many of them otherwise opposed to the former president — have also been critical of the efforts.The Georgia secretary of state, Brad Raffensperger, writes that invoking Section 3 “is merely the newest way of attempting to short-circuit the ballot box.” Michael McConnell, a former judge and professor at Stanford Law School, claims that keeping Mr. Trump off the ballot on grounds that are “debatable at best is not something that will be regarded as legitimate.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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      For Haley, Rise in Polls Feeds Voter Enthusiasm on Trail

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      The crowds are her biggest yet, and voters are warming up to her candidacy, but Nikki Haley still faces a daunting task in taking down the front-runner, Donald Trump.In a packed opera house on Tuesday night in Derry, N.H., Hannah Kesselring had a pressing question for Nikki Haley, one that many voters in the room appear to have been considering as Ms. Haley has climbed in the 2024 Republican presidential contest.A punchy 9-year-old decked in a red and navy blue Haley cap, Hannah had gone viral when she spoke up at another Haley town hall before Thanksgiving. She had since had the chance to see Ron DeSantis and Vivek Ramaswamy stump in her state, she told Ms. Haley. Now, she wanted to know three reasons Ms. Haley “believed she should be elected president over them.”Ms. Haley, a former governor of South Carolina and a former United Nations ambassador, didn’t skip a beat. She ticked off her executive experience, her foreign policy credentials and her concern for the state of the country and the world.“I am a mom,” she said to several nods in the room. “And the truth is, I don’t want my kids growing up like this.”It was the kind of exchange that Ms. Haley has used to steadily build momentum — and it seems to be paying off.In diners, gyms and event halls across New Hampshire and South Carolina, the state she led for six years, voters have recently shown increased interest in Ms. Haley’s campaign, with a palpable shift in energy. For some, the hope that she might be able to consolidate the wing of her party craving an alternative to former President Donald J. Trump has become less far-fetched.At her town hall in Derry, where almost half the people in the audience raised their hands when she asked if this was their first time watching her speak, Ms. Haley drew louder cheers beyond her usual applause lines. One day earlier, in Bluffton, S.C., she had addressed a buoyant audience of roughly 2,500 people — the largest yet in her home state — walking onstage to “Eye of the Tiger,” her standard opener, and chants of “Haley, Haley, Haley.”“We have one more fella we have to catch up to,” she said at that event, referring to Mr. Trump.In South Carolina, where her homecoming had the feel of a rally, Ms. Haley’s message appeared to resonate. Her campaign officials said they had to move the event to a larger location last week after so many people signed up to attend.But she still has a lot of convincing to do. Ms. Haley remains far behind the former president she served under, who continues to dominate in national polls, as well as in surveys in every early-voting state.In Iowa, her toughest challenger for second place is Mr. DeSantis, the Florida governor, who has made the state pivotal to his prospects. In New Hampshire, where she comfortably holds the second slot, it is former Gov. Chris Christie of New Jersey who has been gaining ground in his do-or-die state.At Ms. Haley’s town hall in Derry, several voters warmed up to her but were not yet necessarily convinced. Teri and Donald Synborski were still weighing Ms. Haley, Mr. DeSantis and Mr. Christie — anyone but Mr. Trump, they said. Mr. Synborski, 67, a corporate finance managing director, had caught wind of Ms. Haley’s momentum when he first saw her speak at a crowded diner in Londonderry not too long ago. The room was so packed, he recalled, that reporters were pushed up against him.Still, he said he would probably like to see Mr. DeSantis one more time before making up his mind. “He would really have to do something earth-shattering for me to be swayed to vote for him versus Nikki,” he added. “I’m leaning heavily in her direction, but I still call myself undecided.”That alone is progress for Ms. Haley. There was a time when political strategists and observers likened her path in New Hampshire to the steep and narrow road leading to the tallest peak in New England, a feat captured on a popular state bumper sticker: “This car climbed Mt. Washington.”But her rise there and beyond can be attributed to a grueling pace in the early-voting states, a series of standout debate performances and new interest among powerful players in the Republican Party’s donor class after two contenders — former Vice President Mike Pence and Senator Tim Scott, a fellow South Carolinian — folded their bids this fall.Ms. Haley has been drawing more enthusiastic crowds. Her largest yet in South Carolina, in Bluffton, had the feel of a homecoming rally.Meg Kinnard/Associated PressThe political network founded by the billionaire industrialist brothers Charles and David Koch endorsed her campaign on Tuesday, giving her another financial boost and access to a direct-mail operation, field workers to knock on doors and people to call up prospective voters. Kenneth G. Langone, the billionaire Home Depot co-founder, who has donated to Ms. Haley’s campaign, is considering giving more and is expected to meet with her next week in New York.As she has risen, her rivals have taken notice. In recent national television interviews, Mr. Christie has kept up his criticism of Ms. Haley over what he describes as her unwillingness to take on Mr. Trump — “Either run against him or don’t run against him” — and her comments at an Iowa event before a conservative Christian audience, in which she said she would have signed a six-week ban on abortion when she was governor.“I want to be clear that there is no consensus around a six-week national abortion ban, and I wouldn’t sign it if I were president even,” Mr. Christie told CNBC’s “Squawk Box,” saying that would be putting such a decision “into the hands of politicians over people.”In an interview, Austin McCubbin, the state director for the Trump campaign in South Carolina, described Ms. Haley as a “paper tiger,” arguing that she had “absolutely no political operation in South Carolina,” nor representatives actively attending and engaged in local G.O.P. meetings. Trump campaign officials say that Mr. Trump has 83 endorsements from state lawmakers — more than all other Republicans combined.Responding to a request for comment on the arguments from the Trump campaign, Olivia Perez-Cubas, a spokeswoman for Ms. Haley, said, “Americans are ready for a new-generation, conservative leader who will leave the drama and chaos behind.”Pacing before New Hampshire voters at the Derry Opera House, Ms. Haley seemed to ignore her critics and once more made the case for herself, saying it was time for Republicans to “acknowledge some hard truths” — specifically, her party has lost the popular vote for president in seven of the last eight elections.“This isn’t just about the presidency,” she said, contending that her candidacy would be a windfall down the ballot. “This is about governorships up and down. This is about House seats. This is about Senate seats. This is about truly righting the ship to get us back to where we need to be.” More

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      Gavin Newsom, Set to Debate Ron DeSantis, Wants Fox News Viewers to Hear Him Out

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      After sparring twice with Sean Hannity, Gov. Gavin Newsom of California will jump into the ring this week with Gov. Ron DeSantis of Florida. The stakes are high for both men.Gavin Newsom has a scant history of tough debates over his two decades as governor and lieutenant governor of California and mayor of San Francisco.But he is nevertheless unusually prepared for his nationally televised face-off on Thursday with Gov. Ron DeSantis of Florida: Over the past few months, Mr. Newsom has lived through something of a debate boot camp on how to respond to attacks on California, President Biden, the Democratic Party and his own mistakes over the years.It came in the form of two lively interviews with Sean Hannity, the conservative Fox News host who will moderate the debate on Thursday. From the moment they sat down, he pressed Mr. Newsom on the differences between them on issues as varied as immigration and law enforcement.“I want border security,” Mr. Newsom said, disputing the premise of Mr. Hannity’s question in the opening minutes of their first encounter. “Democrats want border security.”“You don’t want any walls,” Mr. Hannity responded, referring to the wall former President Donald J. Trump set out to build along the Mexican border. Mr. Newsom kept talking.“I want comprehensive immigration reform,” Mr. Newsom said. “I want to actually address the issue more comprehensively — just like Ronald Reagan did.” He added, “I don’t need to be educated on the issue of the border or issues of immigration policy.”On Thursday at 9 p.m. Eastern, Mr. Newsom will be sparring on Fox News not with Mr. Hannity but with Mr. DeSantis for 90 minutes in a studio in Alpharetta, Ga., with no audience on hand. The stakes will be high for both Mr. DeSantis, 45, whose candidacy for the Republican presidential nomination has appeared to fade in recent weeks, and Mr. Newsom, 56, who has positioned himself for a potential White House run in 2028.The debate between these two relatively youthful national leaders, one from a Republican state, the other from a Democratic one, will offer sharply contrasting views of America’s future during polarized times. Not incidentally, it offers a glimpse at what could potentially be two leading candidates in the next presidential contest.“These are two of the most dominant governors in the country,” Mr. Hannity said in an interview on Monday. “Two very smart, well-educated, highly opinionated, philosophically different governors. They are diametrically opposed.”Mr. DeSantis has faced off against Nikki Haley and other Republican presidential rivals in three debates, all of which former President Donald J. Trump has skipped. Scott McIntyre for The New York TimesFor Mr. DeSantis, this will be his fourth debate since entering the presidential race. In onstage meetings with Republican opponents like Nikki Haley, the former ambassador to the United Nations, he has sought to display a command of conservative policy priorities and has clashed with his rivals only occasionally, and on the edges.Now, he will be debating a leader of the opposing party, ready to draw sharp differences over U.S. assistance to help Ukraine battle Russia, the turmoil in the Middle East, immigration — and over Mr. Trump, the leading candidate for the Republican nomination.Mr. DeSantis has dismissed the idea that Mr. Newsom has toughened himself up for this debate through his sessions with Mr. Hannity. The Florida governor told reporters in New Hampshire last week that his California counterpart was operating in a “left-wing cocoon,” and had little sense of voters’ concerns and the politics of the nation beyond the West Coast.“I think he caters to a very far-left slice of the electorate,” Mr. DeSantis said. “I think that that will be on display when we have the debate.”Still, that Newsom-Hannity encounter in June, as well as an encore after the Republican presidential candidates debated at the Ronald Reagan Presidential Library in September, offer a primer of how Mr. Newsom may approach this moment: assertive, engaging, armed with statistics and catchy phrases, plowing ahead to talk over an opponent or disparage a question he finds specious, and not easy to corner into a mistake.“He came into that interview very prepared,” Mr. Hannity told a New York Times reporter in September. “I’ve interviewed people that come in totally unprepared.”“This is complimentary in every way: He’s out of central casting,” Mr. Hannity said, speaking shortly after finishing his appearance with Mr. Newsom. “He has a lovely family. He’s young. Compare his energy level to Joe Biden’s.”Mr. Newsom, right, speaking with Sean Hannity of Fox News after the second Republican debate at the Ronald Reagan Presidential Library in Simi Valley, Calif. Haiyun Jiang for The New York TimesIf those earlier sessions are any clue, Mr. Newsom will be combative when confronted with questions about people and corporations leaving California. “We are on the way to becoming the world’s fourth-largest economy,” he has told Mr. Hannity. “Eat your heart out, Germany.”He will defend California against attacks from Republicans, Mr. DeSantis among them, as a place in moral, economic or political decline: “I’ve been hearing this nonsense for half a century — literally half a century.”He will be contrite if asked about homelessness (“Disgraceful. We own this.”) or about his unmasked dinner with lobbyists at the French Laundry, a luxury Yountville restaurant, at the height of the Covid crisis. (“It was dumb.”)And he might even agree with some attacks on Democratic policy in his state, such as the new “mansion tax” on property sales above $5 million recently imposed in Los Angeles. “I opposed it when I was mayor of San Francisco, so I don’t disagree,” Mr. Newsom said when Mr. Hannity questioned the wisdom of such a tax.Mr. DeSantis is not Mr. Hannity, with whom Mr. Newsom has what both men have described as a something of a friendship, albeit a jostling one. (They text each other at night.) Mr. DeSantis has, over the course of the Republican debates, proved to be disciplined, at times almost scripted, and more likely to offer a flash of anger than humor.Mr. Newsom has had his ups and downs with California voters, and it is far from clear how a politician who looks like a Hollywood actor and often seems to be walking the line between sharp and glib — or self-assured and arrogant — will come across to a national audience.But he has proved an elusive target for his state’s beleaguered Republican Party. He easily survived a recall effort in 2021, with support from 62 percent of voters, and was re-elected to a second term with 59 percent of the vote in 2022.“I think Gavin Newsom is going to be the smooth-talking used-car salesman that he always is,” said Jessica Millan Patterson, the chairwoman of the California Republican Party, suggesting what Mr. DeSantis should expect. “Unfortunately, a lot of people still fall for that.”“The facts are on DeSantis’s side,” she said. “What helps Newsom is his charm and his quote-unquote likability. It doesn’t work for me, but it works for a lot of folks.”Mr. DeSantis’s agreement to debate someone who will not be on the Iowa ballot in January has baffled some Democrats as well as Republicans. “We were all frankly surprised he took the offer,” said Sean Clegg, a political adviser to Mr. Newsom.That said, the debate gives Mr. DeSantis an opportunity to draw attention to his candidacy at a time when Mr. Trump has overshadowed him and Ms. Haley threatens to eclipse him.And the debate could provide viewers a sneak preview of key 2028 players.“It’s going to be one of the more interesting events of 2023,” Mr. Clegg said. “It’s a debate between two of the premier governors of the country. Exhibition games can be highly satisfying in their own ways.”Max Scheinblum contributed reporting. More

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      Trump Seeks to Use Trial to Challenge Findings That 2020 Election Was Fair

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      The former president’s lawyers in his federal trial on charges of trying to overturn the election are asking to collect a wide range of evidence — including on unrelated issues like Hunter Biden.Lawyers for former President Donald J. Trump said in court papers that they planned to question the findings of several government agencies that the 2020 election was conducted fairly as part of their efforts to defend Mr. Trump against federal charges that he sought to overturn the results of the race.The lawyers also suggested in the papers that they intended to raise a host of distractions as part of their defense, indicating that they want to drag unrelated matters like Hunter Biden’s criminal prosecution and the investigation into former Vice President Mike Pence’s handling of classified documents into the election interference case.The twin filings by Mr. Trump’s lawyers late on Monday were formal requests to the prosecution to provide them with reams of additional material that they believe can help them fight the conspiracy indictment accusing Mr. Trump of seeking to subvert the lawful transfer of presidential power three years ago and stay in office despite his loss to Joseph R. Biden Jr.Criminal defendants routinely make such requests in what are known as motions to compel discovery, but many of those made in Mr. Trump’s two filings were long-shot efforts that are likely to be rejected. Ultimately, Judge Tanya S. Chutkan, who is overseeing the election interference case, will have the power to decide which, if any, of the records Mr. Trump will get.But even if his lawyers get far less than what they asked for, the scope of their requests can be read as a kind of outline of how they plan to fight the case, which is set to go to trial in March in Federal District Court in Washington.At the heart of their strategy, the court papers say, is a plan to call into question findings made by the intelligence community, the F.B.I. and other federal agencies that the election was not marred by widespread fraud.The lawyers intend to argue that government reports upholding the integrity of the election were in fact a “partisan effort to provide false assurances to the public.” By questioning the consensus that the election was secure, the lawyers are hoping to show that Mr. Trump was acting in good faith when he spread lies that the vote count had been rigged — a move that could weaken the prosecution’s attempts to prove his criminal intent.To make that argument, Mr. Trump’s legal team has asked Judge Chutkan to force the special counsel, Jack Smith, who is prosecuting the federal cases against the former president, to give it any internal government records that cut against the dominant view that the election had been conducted fairly.Those requests were only some of the 59 separate demands for records made in more than 70 pages of court papers submitted by Mr. Trump’s legal team. Looking for anything that could help them prove the race was not secure, the lawyers made additional requests for information about how federal officials assessed cyberattacks around the time of the election and about attempts by foreign governments to interfere in it.Suggesting yet another defense strategy, the lawyers also asked for any records that could help them undermine Mr. Smith’s contention that Mr. Trump was responsible for the violence that erupted at the Capitol on Jan. 6, 2021. They specifically asked Judge Chutkan to allow them access to any information about security measures implemented at the Capitol before the attack and about the presence of federal agents or informants who were on the ground during the riot.Almost from the moment the election interference indictment was handed up in August, Mr. Trump’s lawyers have tried to paint the case as a direct attempt by Mr. Biden to sabotage the man who is likely to be his chief rival in the 2024 election. They have advanced that argument not only without any evidence, but also in spite of the fact that the charges were filed by Mr. Smith, an independent prosecutor.The lawyers have specifically accused Mr. Biden of seeking to have Mr. Trump indicted in retaliation for the investigation of Hunter Biden, who was indicted in September on federal gun charges in a separate prosecution. And the discovery filings on Monday suggested that Mr. Trump’s lawyers would like nothing better than to muddy the waters of the election interference case by introducing evidence at trial about Hunter Biden.To that end, the lawyers requested any information concerning “coordination” between the Justice Department and the Biden administration or Mr. Biden’s family.In another far-fetched request, the lawyers asked for any records concerning dealings that the Justice Department had with Mr. Pence, who was investigated earlier this year after he returned to federal officials several classified documents he had kept when he left office.In their filing, Mr. Trump’s lawyers suggested without citing any evidence that Mr. Pence, who is likely to be a key government witness at the election interference trial, had “an incentive to curry favor with authorities” because of the potential charges he faced in his classified documents inquiry.Judge Chutkan will not issue a ruling on Mr. Trump’s requests until after prosecutors working for Mr. Smith respond to them next month. And her eventual decree about discovery is only one of several important decisions she will have to make in coming days.She is poised to issue an order about Mr. Trump’s claims that he enjoyed “absolute immunity” from the election charges because the indictment arose from official actions he took while in the White House. She is also expected to decide whether to allow cameras into her courtroom and televise the trial. More

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      Why Judges in the Trump Jan. 6 Trial Need a Rocket Docket

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      If Donald Trump is the Republican nominee for president in 2024, it’s now clear he will likely still have criminal indictments hanging over his head on Election Day. It’s possible that his criminal liability for the events leading up to the Jan. 6 riot at the Capitol will remain unresolved.If that happens, voters will go to the polls without knowing whether one of the candidates in the current election is criminally responsible for trying to overturn the last one and subvert the will of the voters.Having an election under such circumstances is unthinkable. As Richard Nixon might have put it, voters have a right to know whether their candidate is a crook. It can be avoided, but it’s going to require the judiciary to take some extraordinary steps. And whether it happens will be decided by a relative handful of federal jurists — including a number appointed by Mr. Trump himself.Of the four criminal cases pending against Mr. Trump, the federal election interference prosecution in Washington currently has the best chance of going to trial before the 2024 presidential vote. The trial date is set for March 4. The Federal District Court judge overseeing the case, Tanya Chutkan, has been doing an admirable job of keeping it on track. But legal developments that are out of her hands now threaten to derail that schedule: Expected pretrial appeals could push the trial date past the November election.Mr. Trump has moved to dismiss the case on various grounds, including claims of presidential immunity and violation of the double jeopardy clause. For most pretrial motions, if the motion is denied, the defendant must wait to raise the issue again on appeal following conviction, if there is one.But these two motions fall into a narrow category of claims that usually entitle a defendant to an interlocutory appeal — in this case, an appeal before trial. Because these are claims of a constitutional right not to be tried at all, a post-conviction appeal is not an adequate remedy. By that time, the right has already been lost. A defendant is allowed to appeal such claims before the government may put him on trial.If, as expected, Judge Chutkan denies these motions, Mr. Trump will have a right to appeal to the U.S. Court of Appeals for the District of Columbia Circuit. (I expect the appeals will focus primarily on the immunity claim; the double jeopardy argument seems frivolous.) If he loses before a three-judge panel there, he can ask the full court to review that decision. If that fails, he can ask the Supreme Court to review the case. While all that goes on, the trial cannot proceed.In a typical case, an appeals process like this could easily take a year or more. In the first prosecution of Senator Bob Menendez of New Jersey, appeals over his claims of constitutional immunity under the speech or debate clause delayed the trial for about 18 months, even with the Supreme Court declining to take the case.In the Trump case, delays like that would push the trial well past November. If Mr. Trump wins the election, he would be able to shut down the two federal prosecutions and could probably have the state prosecutions at least postponed while he is in office.This appears to be the primary defense strategy in Mr. Trump’s criminal cases: delay as much as possible to put off any trials until after next November, when Mr. Trump hopes to be in a position to put an end to his legal problems.Having an election with Mr. Trump on the ballot and his criminal liability for Jan. 6 unresolved could spell disaster for the rule of law. It’s also completely avoidable if the courts — and in particularly, the judges who control the schedule — are willing to do what’s necessary: put the resolution of these motions on a fast track to ensure the case can go to trial as scheduled.Typically, the judicial and political calendars do not intersect. We expect judges to ignore political considerations and campaign schedules when making their decisions. But in times of political crisis, the federal judiciary cannot simply turn a blind eye. It must respond in a way that will enable the political system to address that crisis in a timely manner. This is one of those times.This is not a proposal for the courts to act in a partisan fashion. We don’t know whether Mr. Trump’s claim of immunity will be upheld. If it is rejected, we don’t know what the result of the trial will be. The outcome of the legal process is not the point. The point is that the country deserves to know that outcome before it chooses the next leader of the free world.There is precedent for this kind of judicial rapid response. During Watergate, the appeal of the order for President Nixon to turn over the subpoenaed White House tapes was resolved in only about two months — and that included arguments before and an opinion by the Supreme Court. During the 2000 presidential election, that court heard arguments in Bush v. Gore on Dec. 11 and the very next day issued its opinion shutting down the vote recount in Florida. The usually sedate appellate courts can move with dispatch when they want to.This case requires similar urgency. The initial appeals here could be easily heard and decided within a few weeks. Whether to grant a rehearing before the full Court of Appeals is discretionary, but if it does grant such a hearing, it needs to be equally speedy.After the District of Columbia Circuit rules, the losing party will seek Supreme Court review. If Mr. Trump loses the motions, my own hunch is that the Supreme Court may not take the case. In past disputes the justices have not shown much willingness to go out of their way to help Mr. Trump, and the last thing this embattled court needs right now is to wade into another controversy. But if the court does feel the need to weigh in on these novel constitutional issues, it also needs to move very swiftly.There’s no reason the entire process, including Supreme Court review, could not be completed by January. That would allow the trial date to stay on track if the motions are denied.There’s no concern about Mr. Trump being prejudiced by this relatively breakneck pace. He has vast financial and legal resources. The issues are already fully briefed before Judge Chutkan. The issues are novel — because nothing like Jan. 6 has happened before — but the questions are not extraordinarily complex; we need a rocket docket, but this is not rocket science.Some might argue that voters already have enough information about Mr. Trump’s actions and Jan. 6. But a criminal trial is different. In the aftermath of the 2020 election, Mr. Trump and his allies made repeated claims of voter fraud and a “rigged” election. Those claims uniformly failed when tested in court by the adversary system, where actual evidence is required and witnesses testify under oath. In an age of disinformation and fake news, courts remain the arena where facts still matter.Some voters will not accept the verdict of a criminal trial, no matter what the outcome. But for many it could be a critical data point when casting their ballot.It’s already not possible to have the trial completed before most of the presidential primaries; Super Tuesday, with over a dozen primaries in states and territories across the country, is March 5. Mr. Trump could have the nomination sewn up by the time the trial is over. But the trial could easily be concluded before the Republican convention in July, so the delegates could decide whether they really want to nominate a felon (if that is the outcome) to lead the country.A functioning democracy requires an informed electorate. It’s hard to imagine a more important piece of information for voters to have next November than whether a candidate is criminally culpable for trying to overturn the last presidential election.Our legal system can resolve this case expeditiously while still protecting the defendant’s rights, but the judiciary will have to step up and do its part to protect democracy.Randall. D. Eliason is the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia and teaches white-collar criminal law at George Washington University Law School. He blogs at Sidebarsblog.com.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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      Even Most Biden Voters Don’t See a Thriving Economy

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      A majority of those who backed President Biden in 2020 say today’s economy is fair or poor, ordinarily a bad omen for incumbents seeking re-election.Presidents seeking a second term have often found the public’s perception of the economy a pivotal issue. It was a boon to Ronald Reagan; it helped usher Jimmy Carter and George H.W. Bush out of the White House.Now, as President Biden looks toward a re-election campaign, there are warning signals on that front: With overall consumer sentiment at a low ebb despite solid economic data, even Democrats who supported Mr. Biden in 2020 say they’re not impressed with the economy.In a recent New York Times/Siena College poll of voters in six battleground states, 62 percent of those voters think the economy is only “fair” or “poor” (compared with 97 percent for those who voted for Donald J. Trump).What the Economy Looks Like to Biden Voters in Swing StatesPercent of President Biden’s 2020 supporters who …

      Notes: Respondents of other races were omitted because of low sample sizes. The figures may not add up to 100 percent because of rounding.Source: New York Times/Siena College polls of 3,662 registered voters conducted Oct. 22 to Nov. 3 in Arizona, Georgia, Michigan, Nevada, Pennsylvania and WisconsinBy The New York TimesThe demographics of Mr. Biden’s 2020 supporters may explain part of his challenge now: They were on balance younger, had lower incomes and were more racially diverse than Mr. Trump’s. Those groups tend to be hit hardest by inflation, which has yet to return to 2020 levels, and high interest rates, which have frustrated first-time home buyers and drained the finances of those dependent on credit.But if the election were held today, and the options were Mr. Biden and Mr. Trump, it’s not clear whether voter perceptions of the economy would tip the balance.“The last midterm was an abortion election,” said Joshua Doss, an analyst at the public opinion research firm HIT Strategies, referring to the 2022 voting that followed the Supreme Court’s decision to overturn the Roe v. Wade ruling. “Most of the time, elections are about ‘it’s the economy, stupid.’ Republicans lost that because of Roe. So we’re definitely in uncharted territory.”There are things working in Mr. Biden’s favor. First, Mr. Doss said, the economic programs enacted under the Biden administration remain broadly popular, providing a political foundation for Mr. Biden to build on. And second, social issues — which lifted the Democrats in the midterms — remain a prominent concern.Take Oscar Nuñez, 27, a server at a restaurant in Las Vegas. Foot traffic has been much slower than usual for this time of year, eating into his tips. He’d like to start his own business, but with the rising cost of living, he and his wife — who works at home answering questions from independent contractors for her employer — haven’t managed to save much money. It’s also a tough jump to make when the economy feels shaky.Mr. Nuñez expected better from Mr. Biden when he voted blue in 2020, he said, but he wasn’t sure what specifically the president should have done better. And he is pretty sure another Trump term would be a disaster.“I’d prefer another option, but it seems like it will once again be my only option again,” Mr. Nuñez said of Mr. Biden. For him, immigrants’ rights and foreign policy concerns are more important. “That’s why I was picking him over Trump in the first place — because this guy’s going to do something that’s real dangerous at some point.”Mr. Nuñez isn’t alone in feeling dissatisfied with the economy but still bound to Mr. Biden by other priorities. Of those surveyed in the six battleground states who plan to vote for Mr. Biden in 2024, 47 percent say social issues are more important to them, while 42 percent say the economy is more important — but that’s a closer split than in the 2022 midterms, in which social issues decisively outweighed economic concerns among Democratic voters in several swing states. (Among likely Trump voters, 71 percent say they are most focused on the economy, while 15 percent favor social issues.)Kendra McDowell thinks President Biden is doing the best he can given the continuing challenges of the wars in Ukraine and Gaza. “People are shopping — you know why? Because they’ve got jobs,” she said.Hannah Yoon for The New York TimesDour sentiment about the economy also isn’t limited to people who’ve been frustrated in their financial ambitions.Mackenzie Kiser, 20, and Lawson Millwood, 21, students at the University of North Georgia, managed to buy a house this year. Mr. Millwood’s income as an information-technology systems administrator at the university was enough to qualify, and they worried that affordability would only worsen if they waited because of rising interest rates and prices. Still, the experience left a bitter taste.“The housing market is absolutely insane,” said Ms. Kiser, who wasn’t old enough to vote in 2020 but leans progressive. “We paid the same for our one-story, one-bedroom cinder-block 1950s house as my mom paid for her three-story, four-bedroom house less than a decade ago.”Ms. Kiser doesn’t think Mr. Biden has done much to help the economy, and she worries he’s too old to be effective. But Mr. Trump isn’t more appealing on that front.“It’s not that I think that anybody of a different party could do better, but more that someone with their mental faculties who’s not retirement age could do a better job,” Ms. Kiser said. “Our choices are retirement age or retirement age, so it’s rock and a hard place right now.”Generally, voters don’t think Republicans are fixing the economy, either. In a poll conducted this month by the progressive-leaning Navigator Research, 70 percent of voters in battleground House districts, including a majority of Republicans, said they thought Republicans were more focused on issues other than the economy.The health of the economy is still a major variable leading up to the election. A downturn could fray what the president cites as a signal accomplishment of Bidenomics: low unemployment. A study of the 2016 election found that higher localized unemployment made Black voters, an overwhelmingly Democratic constituency, less likely to vote at all.“I think the likelihood that they would choose Trump is not the threat,” Mr. Doss said. “The threat is that they would choose the couch and stay home, and enough of them would stay home for an electoral college win for Trump.”But in the absence of a competitive Democratic primary, the campaigning — and television spots — have yet to commence in earnest. When they do, Mr. Doss has some ideas.So far, Mr. Biden’s messaging has focused on macroeconomic indicators like the unemployment rate and tackling inflation. “The truth is, that’s not the economy to most people,” Mr. Doss said. “The economy to most people is gas prices and food and whether or not they can afford to throw a birthday party for their kid.”Mr. Millwood supports a higher federal minimum wage, and is impatient with the bickering and finger pointing he hears about in Washington.Audra Melton for The New York TimesIt’s difficult for presidents to directly control inflation in the short term. But the White House has addressed a few specific costs that matter for families, by releasing oil from the Strategic Petroleum Reserve to contain surging oil prices in late 2022, for example. The Inflation Reduction Act reduced prescription drug prices under Medicare and capped the cost of insulin for people with diabetes. The administration is also going after what it calls “junk fees,” which inflate the prices of things like concert tickets, airline tickets and even birthday parties.The more the administration talks about its concrete efforts to lower prices, the more Mr. Biden will benefit, Mr. Doss said. At the same time, Mr. Biden can lessen the blowback from persistent inflation by deflecting blame — an out-of-control pandemic was the original cause, he could plausibly argue, and most other wealthy countries are worse off.That’s how it seems to Kendra McDowell, 44, an accountant and single mother of four in Harrisburg, Pa. She feels the sting of inflation every time she goes to the grocery store — she spent $1,000 on groceries this past month and didn’t even fill her deep freezer — and in the health of her clients’ balance sheets. Despite her judgment that the economy is poor, however, she still has enough confidence to start a business in home-based care, a field in greater demand since Covid-19 ripped through nursing homes.“When I talk about the economy, it’s just inflation, and to me inflation is systemic and coming from the Trump administration,” Ms. McDowell said. If the pandemic had been contained quickly, she reasoned, supply chains and labor disruptions wouldn’t have sent prices soaring in the first place.Moreover, she sees the situation healing itself, and thinks Mr. Biden is doing the best he can given the challenges of the wars in Ukraine and now Gaza. “People are shopping — you know why? Because they’ve got jobs,” Ms. McDowell said. “God forbid, today or tomorrow, if I had to go find a job, it’s easier than it was before.”Ms. McDowell is what’s known in public opinion research as a high-information voter. Polls have shown that those less apt to stay up on the news tend to change their views when provided with more background on what the Biden administration has both accomplished and attempted.Ms. McDowell, a mother of four, said that she felt the sting of inflation every time she went to the grocery store, but that she didn’t blame Mr. Biden.Hannah Yoon for The New York TimesThe 15-month-old Inflation Reduction Act is still little known, for example. But this past March, the Yale Program on Climate Change Communication found that 68 percent of respondents supported it when filled in on its main components.A frequent theme of conversations with Democratic voters who see the economy as poor is that large corporations have too much power and that the middle class is being squeezed.Mr. Millwood, Ms. Kiser’s partner, said that he was concerned that society had grown more unequal in recent years, and that he didn’t see Mr. Biden doing much about it.“From what I see, it really doesn’t look like the working class is benefiting from many things recently,” said Mr. Millwood, who supports a higher federal minimum wage and is impatient with the bickering and finger pointing he hears about in Washington.After the phone conversation ended, Mr. Millwood texted to say that upon reflection, he would also like to see Mr. Biden push to lower taxes for low-income families and make it more difficult for the wealthiest to dodge them. After being sent news articles about Mr. Biden’s support for the extension of the now-expired Child Tax Credit and the appropriation of $80 billion for the Internal Revenue Service, in part to pursue tax evaders, he seemed surprised.“That is absolutely what I had in mind,” Mr. Millwood texted. “It’s been so noisy in the media lately I haven’t seen much that is covering things like that,” adding, “Biden doesn’t seem so bad after all haha.”Ruth Igielnik More

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      Biden Campaign Aims to Weaponize Trump’s Threat to Obamacare

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      The president’s aides quickly jumped on a statement by Donald Trump that he was “seriously looking at alternatives” to the health law.Very few events bring aides on President Biden’s re-election campaign more joy than when former President Donald J. Trump threatens to repeal popular Democratic policies.So when Mr. Trump, the Republican presidential front-runner, wrote on social media over the holiday weekend that he was “seriously looking at alternatives” to the 13-year-old Affordable Care Act, and that his fellow Republicans should “never give up” seeking its repeal, Mr. Biden’s campaign was happy to cede its programming decisions to Mr. Trump.The president’s campaign altered its previous plans and instead will spend much of this week amplifying Mr. Trump’s threat, which was less a substantive policy proposal he had considered thoughtfully than it was a reaction to an editorial he had read in The Wall Street Journal.Still, Mr. Biden’s aides intend to once again push to make Mr. Trump and his proposals the news. That strategy has become a key cog for the campaign, as Mr. Biden struggles with low approval ratings and increasingly focuses on foreign policy rather than his re-election bid. The campaign will air TV ads this week in Las Vegas and on national cable that contrast legislation passed by Mr. Biden that lowered prices on some prescription drugs with Mr. Trump’s proposal to repeal the Affordable Care Act, said Michael Tyler, the campaign’s communications director.The president himself weighed in on Monday.“My predecessor once again called for cuts that could rip away health insurance for tens of millions of Americans,” Mr. Biden said. “They just don’t give up.”Mr. Biden’s campaign is in the process of arranging surrogates for the 2024 race — particularly in North Carolina, a presidential battleground that on Friday will become the 40th state to expand Medicaid under the Affordable Care Act.Gov. Roy Cooper of North Carolina, a Democrat, is expected to be a key Biden surrogate promoting the health care law, which is widely known as Obamacare. Mr. Cooper signed his state’s Medicaid expansion bill in March after it was passed by the Republican-controlled legislature. Mr. Cooper and Representative Nancy Pelosi of California, the former House speaker, are scheduled to hold a press call for the Biden campaign on Tuesday.“Donald Trump and G.O.P. extremists continue to try and rip away health care from millions of Americans without any serious alternative,” Mr. Cooper said on Monday. “If this country lets Donald Trump anywhere near decision making on health care, it would be a disaster for millions of people.”Mr. Trump’s social media post surprised even his own aides, who have not developed a plan to alter the country’s health care law, according to a person close to him.A spokesman for Mr. Trump’s campaign did not respond to requests for comment.Republicans successfully ran against the health law in the 2010 and 2014 midterm elections, and Mr. Trump used his call for “a full repeal” as an applause line at campaign rallies in 2016, even though he also said “everybody’s got to be covered” by health insurance. But Republicans have not made a serious effort at rescinding the health care law since Senator John McCain of Arizona cast the deciding vote against G.O.P. legislation to repeal the law in July 2017.In his social media post, Mr. Trump called that moment “a low point for the Republican Party.”Mr. Tyler said, “We’ve got Donald Trump every single day providing the American people a window into how harmful he would be if he were able to regain power.” He added, “He is making this easy for us.”The Biden campaign referred reporters to surveys illustrating the popularity of key elements of the health care law. Polling from KFF, the health care policy organization, found that as of May, 59 percent of Americans had a favorable opinion of Obamacare, up from 43 percent at the end of President Barack Obama’s term in office. Democrats in 2018 won sweeping victories by campaigning against Republican efforts to upend the health care law.Republicans remain broadly opposed to the law. KFF’s polling found that 73 percent held an unfavorable view of it in May.The Biden administration said in January that 16.3 million Americans had enrolled in health insurance plans through the Affordable Care Act’s marketplaces during the open enrollment period, more than had ever signed up before.Last week, the Department of Health and Human Services said that 4.6 million people had selected an Affordable Care Act plan in the first three weeks of the new open enrollment period, which began Nov. 1 and runs through January.Ruth Igielnik More