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    A New Trial Date. A New Primary Season.

    A March trial could become the center of gravity of the G.O.P. primary, structuring the campaigns of Donald Trump and his rivals.This isn’t shaping up to be your usual presidential primary.On Monday, the judge overseeing the election subversion case against Donald J. Trump in Washington set a March 4 trial date, putting his trial right in the heart of primary season.If the trial goes as scheduled and lasts “no longer” than four to six weeks, as the government said in a filing, around two-thirds of the delegates to the Republican convention will be awarded during the trial of the party’s front-runner but, in all likelihood, before a verdict.A March trial could easily become the center of gravity of the primary season — the fact that structures the opportunities available to Mr. Trump and his rivals. It could even start to affect the calculations of the candidates today.When 2024 Republican Delegates Will Be AwardedAbout two-thirds of the delegates to the Republican convention could be awarded during the election subversion trial in Washington, which is expected to begin March 4. More

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    Does Therapy Culture Help or Hurt Us?

    More from our inbox:Trump Pardoning Himself? An ‘Appalling Idea’Trump’s WeightImproving Access to E-BooksGraphicaArtis/Getty ImagesTo the Editor: Re “Hey, America, Grow Up!” by David Brooks (column, Aug. 11), about how an emphasis on trauma makes adults immature:As a psychiatrist, I feel that Mr. Brooks makes several valid points regarding trauma but fails ultimately to thread the needle.A good psychiatrist or therapist identifies the real trauma in a patient’s past — typically from events in childhood at the hands of parents or other family members — while simultaneously discouraging the kind of victim mind-set that displaces past pain onto present-day scapegoats.The goal is to illuminate the real trauma, which requires re-evaluating what is often an idealized remembrance of one’s upbringing, so that the patient can stop projecting malice onto anyone and instead regain a sense of agency. As the saying goes, those who forget the past are condemned to repeat it.If we fail as a culture to acknowledge the well-established long-term consequences, both physical and psychological, of legitimate trauma, we will wind up creating more people who identify as victims, not fewer.Christopher BaileyKirkland, Wash.To the Editor:One thing David Brooks’s good column leaves untouched is how much resistance to the hyperinflation of “trauma” there has been among psychotherapists themselves.In 1967, Anna Freud, Sigmund Freud’s daughter, wrote that the concept had become so “carelessly used” that its “blurring” could lead to “abandonment and loss of a valuable concept.” In 1978, psychiatrist Henry Krystal, an Auschwitz survivor and founder of contemporary trauma theory, said flatly that the use of the term “has become so loose that it has become virtually useless.”Of course, “trauma culture” has a life of its own, independent of psychiatric or psychological knowledge. And no small number of therapists have fully cashed in from Trauma, Inc., which is, indeed, big business.But my sense is that, even in the culture at large, “trauma” hype may have run its course. What follows may be greater “maturity,” as Mr. Brooks and many others would hope, or it may be just the next form of mishegoss.Henry GreenspanAnn Arbor, Mich.The writer is an emeritus psychologist at the University of Michigan.To the Editor:Wouldn’t it be nice if David Brooks’s ideas about how people should “throw off some of the tenets of the therapeutic culture” and “weave their stable selves through the commitments to and attachments with others” in order to build a culture of maturity were realistic?But try telling that to people who have grown up in poverty, who have never had adequate health insurance or medical care, who grew up in families rife with violence and abuse, who live in communities with chronic gun violence, and who have to drop out of high school to give birth to a baby.What can you weave in there? And who can you attach to when your life and the lives of those around you are a mess, and you live in a world that you have little hope of escaping?Debra KuppersmithDobbs Ferry, N.Y.The writer is a psychoanalyst.To the Editor:David Brooks made some excellent observations about our country’s growing narcissism. But he missed a key prescription for change: helping Americans develop a sense of purpose.This starts with treating challenges as temporary setbacks and harnessing our talents and efforts in the service of something bigger than ourselves. We need to lose the “me” and find the “we.”Studies show that people who feel a sense of purpose in their lives — through family, friends, work or community — are overall more resilient and report a greater sense of well-being. This message feels especially urgent for adolescent girls in America who are experiencing record levels of isolation, depression and suicidal thoughts.Until Americans commit to a purpose-driven mind-set, we will continue to wallow in our current obsession with victimization and search out cheap ways to validate our self-worth.Suzanne ChazinChappaqua, N.Y.Trump Pardoning Himself? An ‘Appalling Idea’Haiyun Jiang for The New York TimesTo the Editor: It has become commonplace to suggest that one difference between a state and a federal conviction of Donald Trump is that Mr. Trump could not pardon himself from a state conviction if he is elected president, implying that he could pardon his own federal offenses. It’s long past time to stop giving this appalling discussion of self-pardons any air.A president pardoning himself for his own crimes is the very definition of unchecked power. Revolutionaries called it tyranny, which in this context is a better word. The idea that our executive has so much power that the rule of law does not apply to him because he could forgive himself betrays what the Revolutionary War was about.The Constitution separated the powers of the government into three branches. It empowers Congress with the legislative power and the courts with the judicial power. The idea that a president could make himself immune from both other branches — in the furtherance of a crime — is inexcusable.Mr. Trump has floated this idea before and some allies are resurrecting it again. It’s born in the brevity of the Constitution’s pardon power. But it flouts both the rule of law and the separation of powers essential to the Constitution. We should be outraged.Andrew J. KennedyMonroeville, Pa.The writer is a lawyer.Trump’s WeightTo the Editor: Re “Trump Is Booked at Jail in Atlanta in Election Case” (front page, Aug. 25):Donald Trump weighs only 215 pounds? Forget the mug shot T-shirts; his campaign should be selling whatever brand of scale he’s using.Alan RutkowskiVictoria, British ColumbiaImproving Access to E-BooksAnn Johansson for The New York TimesTo the Editor: Re “What Does It Mean to Own a Book?” (Business, Aug. 13):I would like to thank David Streitfeld for his piece shining a light on the innovative and visionary work done by Brewster Kahle and the Internet Archive. In the discussion about the complexity of providing digital access, the work of our nation’s libraries and nonprofits like the Digital Public Library of America that support them should not be overlooked.Public libraries across the country offered access to over a billion digital e-books and half a billion digital audiobooks in fiscal year 2021. They circulated 460 million digital items and spent nearly $600 million to provide that access. And these numbers continue to grow.Mr. Streitfeld rightly points out that many titles are increasingly expensive for libraries to acquire, especially those from the “big five” publishers, which only offer licenses that are limited to a certain number of loans or length of time. However, the Digital Public Library of America works with hundreds of midsize and independent publishers to offer more reasonable terms including, for example, a perpetual one-user-at-a-time license that functions much like library ownership of a print book.Right now, legislators in several states are working with librarians to draft legislation that would enshrine the rights of libraries to acquire digital content on reasonable terms.Libraries need our support to ensure that as the transition into a digital world continues, access to knowledge becomes more and not less accessible.John S. BrackenChicagoThe writer is the executive director of the nonprofit Digital Public Library of America. More

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    The Thing Is, Most Republicans Really Like Trump

    Much of what is happening in American politics today can be explained by two simple yet seemingly contradictory phenomena: Most partisans believe that the other side is more powerful than their own, while at the same time feeling quite certain that their own team will prevail in the upcoming election.Just as Democrats view Republicans as wielding outsize influence through dark money, structural advantages in our political system and control of institutions like the Supreme Court, Republicans view themselves as under siege by not just a federal government largely controlled by Democrats but also by the media, the entertainment industry and, increasingly, corporate C-suites.Republicans in particular hold a fatalistic view of the future of the country. In a recent Times poll, 56 percent said they believe we are “in danger of failing as a nation.” Far from the party of Ronald Reagan’s “Morning in America” ad, the presidential candidate Vivek Ramaswamy countered during last week’s debate: “It’s not morning in America. We live in a dark moment.”Given that many Republicans have such an apocalyptic view of the future, believing that the future of the country hangs in the balance if their party does not win the 2024 election, you might assume that Republicans would prioritize electability as they choose a nominee and seek a safe, steady standard-bearer to face President Biden next November. And you might assume, as many pundits and commentators do, that Republicans would begin to consider that nominating Donald Trump, with all his troubles and legal peril, would be too great a risk.But the belief that the other party would be simply disastrous for the nation is feeding the deep confidence that one’s own side is going to prevail in 2024.What does this mean for Republicans? It means that G.O.P. voters see Mr. Biden as eminently beatable, and they think most Americans see him as they do. Given that, most Republicans aren’t looking to be rescued from Donald Trump. The fact is, they really do like him, and at this point they think he’s their best shot.Despite losing the 2020 elections and then experiencing a disappointing 2022 midterm, most Republicans seem confident that their candidate — even Donald Trump, especially Donald Trump — would defeat Joe Biden handily in 2024. They have watched as Mr. Biden has increasingly stumbled, as gas prices have remained high and as Americans have continued to doubt the value of “Bidenomics.” Many of them believe the pernicious fantasy pushed by Trump — and indulged by too many Republican leaders who should know better — that the 2020 election was not actually a loss.Republican voters see the same polls that I do, showing Mr. Trump effectively tied against Mr. Biden even though commentators tell them that Mr. Trump is electoral poison. And they remember that many of those same voices told them in 2016 that Mr. Trump would never set foot in the White House. In light of those facts, Republicans’ skepticism of claims that Mr. Trump is a surefire loser begins to make more sense.It didn’t have to be this way. In the immediate aftermath of the 2022 midterms, which were disappointing for many Republicans, there was a brief moment where it seemed like the party might take a step back, reflect and decide to pursue a new approach — with new leadership. In my own polling immediately following the election, I found the Florida governor Ron DeSantis running even with Donald Trump in a head-to-head matchup among likely Republican primary voters, a finding that held throughout the winter. Even voters who consider themselves “very conservative” gravitated away from Mr. Trump and toward the prospect of an alternative for a time.But by the end of the spring 2023, following the Manhattan district attorney Alvin Bragg’s indictment of Mr. Trump and Mr. DeSantis’s rocky entrance into the presidential race, not only had Mr. Trump regained his lead, he had expanded upon it. Quinnipiac’s polling of Republican primary voters showed that Mr. Trump held only a six-point lead over Mr. DeSantis in February, but that lead had grown to a whopping 31 points by May.Any notion that Republicans ought to turn the page, lest they face another electoral defeat, largely evaporated. And the multitude of criminal indictments against Mr. Trump have not shaken the support of Republicans for him, but have instead seemingly galvanized them.In our focus group of 11 Republican voters in early primary states this month, Times Opinion recruited a range of likely primary voters and caucusgoers to weigh in on the state of the race. They were not universally smitten with Donald Trump; some described him as “troubled,” “arrogant” or a “train wreck.” About half of our participants said they were interested in seeing a strong competitor to Mr. Trump within the party.But the argument that Donald Trump won’t be able to defeat Joe Biden? Not a single participant thought that Mr. Trump — or any Republican, really — would lose to Mr. Biden. In polling from CBS News, the ability to beat Joe Biden is one of the top qualities Republican primary voters say they are looking for, and they think Mr. Trump is the best poised to deliver on that result. Only 9 percent of likely Republican primary voters think Mr. Trump is a “long shot” to beat Mr. Biden, and more than six in 10 think Mr. Trump is a sure bet against Mr. Biden. Additionally, only 14 percent of Republican primary voters who are considering a Trump alternative said they were doing so because they worried Mr. Trump couldn’t win.In an otherwise strong debate performance last week, when Nikki Haley argued that “we have to face the fact that Trump is the most disliked politician in America — we can’t win a general election that way,” the reaction from the crowd was decidedly mixed. This isn’t to say such an argument can’t become more successful as the primary season goes on, as Mr. Trump’s legal woes (and legal bills) continue to mount and as the alternatives to Mr. Trump gain greater exposure.But for now they think that Mr. Biden is both enormously destructive and eminently beatable. They are undeterred by pleas from party elites who say Mr. Trump is taking the Republican Party to the point of no return.Republicans both deeply fear a 2024 loss and also can’t fathom it actually happening. Candidates seeking to defeat Mr. Trump in the primary can’t just assume Republican voters will naturally conclude the stakes are too high to bet it all on Trump. For now, many of those voters think Mr. Trump is the safest bet they’ve got.Kristen Soltis Anderson is a Republican pollster and a moderator of Opinion’s series of focus groups.Source photographs by Joe Raedle/Getty Images and Brian Snyder/ReutersThe 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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    Hearings in Two Trump Jan. 6 Cases Set for Monday

    Proceedings before federal judges in Washington and Atlanta could begin to address some of the many complexities and scheduling challenges in the cases against the former president.By the end of Monday, another piece could be put in place in the complicated jigsaw puzzle of the four criminal cases facing former President Donald J. Trump: A date could be chosen for Mr. Trump’s federal trial on charges of seeking to overturn the 2020 election.At a hearing on Monday morning in Federal District Court in Washington, Judge Tanya S. Chutkan was considering widely differing proposals for the date of the trial, and could select one.In dueling court papers filed this month, the government and Mr. Trump’s lawyers each proposed ambitious schedules for the trial, with prosecutors asking for the case to be put before a jury as early as Jan. 2 and the defense requesting that it be put off for more than two years, until April 2026. As Judge Chutkan considered the arguments, another legal proceeding related to Mr. Trump was set to play out on Monday in federal court in Atlanta, underscoring the complexity of bringing the charges against him to trial.Fani T. Willis, the district attorney in Fulton County, Ga., recently proposed starting a trial in her case against Mr. Trump, on charges of tampering with the 2020 election in that state, in March. But that date remains somewhat uncertain not only because of the jockeying among prosecutors over the timing of the different cases, but also because some of Mr. Trump’s 18 co-defendants in the case have asked for the trial to start as early as this fall while others want to slow things down.At the same time Judge Chutkan took the bench in Washington, a federal judge in Atlanta was scheduled to hold a hearing to determine if one of those co-defendants in the Georgia case, Mark Meadows, Mr. Trump’s final White House chief of staff, can remove his charges from the state judicial system and have them heard in federal court.Mr. Meadows has argued that he is immune to the state charges because all of the acts underlying the accusations against him were performed as part of his official duties as a federal official. But prosecutors working for Ms. Willis have countered that the charges relate to Mr. Meadows’s political activities during a re-election campaign, which fall outside of his formal government responsibilities.Mr. Meadows was on the line in January 2021, when Mr. Trump placed a call to Brad Raffensperger, Georgia’s secretary of state, asking him to “find” enough votes for Mr. Trump to win the election there. Prosecutors issued a subpoena last week to have Mr. Raffensperger, among others, testify at the hearing in Atlanta.In most legal proceedings, the selection of a trial date is a largely mundane matter, depending on the number of defendants, the amount of evidence, and the schedules of the judge, prosecutors and defense lawyers.But the timetables for Mr. Trump’s four trials have taken on outsize importance. That is not only because there are so many of them, each one needing a slot, but also because they are unfolding against Mr. Trump’s crowded calendar as the candidate leading the field for the Republican Party’s 2024 presidential nomination.As a further complication, Mr. Trump has made no secret in private conversations with his aides of his desire to solve his jumble of legal problems by winning the election. If either of the two federal trials he is confronting is delayed until after the race and Mr. Trump prevails, he could seek to pardon himself after taking office or have his attorney general simply dismiss the matters altogether.At Monday’s hearing in Washington on the federal election charges, Judge Chutkan has said she also intends to discuss a schedule for handling the small amount of classified material that may emerge as evidence in the case. If she ultimately agrees to the government’s request to start the trial in January, it would be the first of Mr. Trump’s four cases to be tested in a courtroom.Prosecutors from the office of the special counsel, Jack Smith, brought the case early this month, filing an indictment against Mr. Trump in Washington after months of intense investigation. The indictment charges the former president with three overlapping conspiracies to defraud the United States, to obstruct the certification of the election during a joint session of Congress on Jan. 6, 2021, and to deprive people of the right to have their votes counted.Another one of Mr. Trump’s trials, in which he has been charged with 34 felonies connected to hush money payments to a porn star in the run-up to the 2016 election, is set to start in March in a state court in Manhattan. Another, in which he stands accused of illegally retaining dozens of classified documents after leaving office, is set to go before a jury in Federal District Court in Fort Pierce, Fla., near the end of May. More

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    Americans Still Put Their Trust in Juries. Will Trump’s Trials Break That Faith?

    A new survey provides a portrait of the type of American who serves on a jury and a rare window into the thoughts of the kinds of people who may decide Donald Trump’s fate.At a time when trust in institutions is at an all-time low, Americans still seem to have faith in their fellow citizens serving on juries.Nearly 60 percent of Americans say they have at least a fair amount of trust in juries, according to a new survey — higher than for any other group in the judicial system.But that trust may soon be put to the test, as former President Donald J. Trump appears to be headed for multiple trials in the coming year.When asked specifically about Mr. Trump’s upcoming trials, a majority of Americans — Democrats, Republicans and independents — said they did not think the courts would be able to seat impartial jurors.And those jurors will, no doubt, face intense scrutiny, which for many is reason enough to not want to serve. In fact, a majority of Americans said they were not personally interested in serving on a jury for Mr. Trump.The study, conducted in July by the polling firm Ipsos, focused on Americans who have served on a jury at some point in the last 10 years, providing a portrait of the type of American who serves and a rare window into the thoughts of the kinds of people who may decide Mr. Trump’s fate.It found that jurors were far more likely than the general public to trust those in the criminal justice system, such as judges at the federal, state, and Supreme Court level, attorneys, nonlegal staff members and law enforcement.The demographics of those who have served also differ notably from those of the general public. They are more likely to be older, wealthier and more educated. Two thirds of those who have served on a jury are over 50, compared with less than half of the general public. Former jurors skew slightly more Democratic than all Americans, and men are more likely than women to have served.But it appeared that the elevated levels of trust in the judicial system displayed by former jurors (the survey did not ask about nonlegal groups and institutions, such as Congress) were more a result of the jurors’ experience within the system than a reflection of their differing demographics.Jurors were 20 percentage points more likely than Americans overall to say they trusted defense attorneys, and 30 percentage points more likely to say they trusted prosecuting attorneys such as district or state attorneys.Jurors were also more likely than members of the general public to say that they trust judges, though a partisan gap emerged when they were asked about their trust in Supreme Court justices, with Republicans expressing more trust than Democrats. That partisan divide largely did not exist among jurors, or the general public, when asked about state and federal judges.“Having interviewed many jurors, their jury service does bring a more positive view of the system,” said Stephen Adler, the former editor in chief of Reuters and legal reporter who wrote a book about the jury system, “The Jury: Trial and Error in the American Courtroom,” and worked with Ipsos on the study.“If you’re sitting on a jury, even for a day or two, you get a window into a very serious and focused environment” Mr. Adler said. “Having that actual contact makes people, regardless of their preconceived notions, feel better about every actor in the process, all the way up to the judges.”Even as 58 percent of Americans trusted juries, 71 percent of Americans — including a majority of Democrats and Republicans — said they were not confident the courts would be able to find jurors “willing to put aside their prior beliefs about Donald Trump and decide the case based on the evidence presented.”And when asked about how different groups get treated by the justice system, 71 percent of Americans said current or former elected officials get special breaks, including similar shares of Democrats and Republicans. Jurors were even more likely than nonjurors to think officials get special treatment.The only group that the public at large was more likely to think got special treatment was wealthy people.Mr. Trump’s upcoming trials will pull jurors from the places where the cases were filed, and, depending on the location, the makeup of the jury pool could prove challenging for the former president. In the case in Georgia, potential jurors would come from left-leaning Fulton County. The federal case over the events of Jan. 6, 2021, will be held in Washington, a liberal city where the day is still remembered viscerally, and the hush money case involving Stormy Daniels will be held in Manhattan, also known for being highly Democratic in makeup. The classified documents case, however, is likely to take place in Fort Pierce, Fla., and the jury will likely be pulled from the surrounding counties, all of which Mr. Trump won in 2020.Prosecutors and defense attorneys will surely be very careful in jury selection. In the cases, prosecutors will need a unanimous verdict to succeed; for Mr. Trump to secure a mistrial, he needs just one holdout.Mr. Adler points out that political views are not disqualifying. “The law doesn’t say you have to know nothing about the case,” he said. “The law says that you have to be able to be fair and impartial.”Americans were split regarding their own interest in serving on any of the Trump juries. A little over 50 percent said they were not personally interested in serving, with little difference along partisan lines.Prior jury service did not increase Americans’ expectations that Trump could get a fair jury, but former jurors were more open to jumping into the ring themselves: Just over half said they would be interested in serving on a jury for one of his trials. More

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    How Free Speech and Willful Blindness Will Play Out in the Trump Prosecution

    More than a decade ago, a divided Supreme Court ruled in United States v. Alvarez that an elected member of a district water board in California could not be prosecuted criminally for lying to an audience about winning the Medal of Honor. The court ruled that efforts to criminalize mere lying, without linking the lie to an attempt to gain a material advantage, posed an unacceptable threat to robust exercise of First Amendment rights.Given that decision, Jack Smith, the special prosecutor investigating former President Donald Trump, was right in concluding that Mr. Trump has a First Amendment right to lie to the general public.So, where’s the legal beef in the indictment arising from the events that culminated in the storming of the Capitol brought by Mr. Smith against Mr. Trump? It’s in the fact that Mr. Smith isn’t merely charging the former president with lying; he is contending that Mr. Trump lied to gain an unlawful benefit — a second term in office after voters showed him the exit. That kind of speech-related behavior falls comfortably within what the justices call “categorical exceptions” to the First Amendment like true threats, incitements, obscenity, depictions of child sexual abuse, fighting words, libel, fraud and speech incident to criminal conduct.As the court put it in 1949 in the case of Giboney v. Empire Storage and Ice Co., “it rarely has been suggested that the constitutional freedom for speech and press extends its immunity to speech or writing used as an integral part of conduct in violation of a valid criminal statute.”That is why Mr. Smith will most likely seek to prove that the former president was engaged in “speech incident to criminal conduct” when he and his co-conspirators lied to state legislators, state election officials, gullible supporters, Justice Department lawyers and Vice President Mike Pence in an illegal effort to prevent Joe Biden from succeeding him as president. Since Mr. Trump is charged with, among other crimes, conspiracy to defraud the United States and to deprive people of the right to have their votes counted, Mr. Smith would clearly be right in arguing that the Alvarez decision doesn’t apply.Characterizing Mr. Trump’s words as “speech incident to criminal conduct” would neatly solve Mr. Smith’s First Amendment problem, but at a substantial cost to the prosecution. To win a conviction, the government must persuade 12 jurors to peer inside Mr. Trump’s head and find beyond a reasonable doubt that he knew he was lying when he claimed to be the winner of the 2020 election. If Mr. Trump actually believed his false assertions, his speech was not “incident to criminal conduct.”How can Mr. Smith persuade 12 jurors that no reasonable doubt exists that Mr. Trump knew he was lying? The prosecution will, no doubt, barrage the jury with reams of testimony showing that the former president was repeatedly told by every reputable adviser and administration official that no credible evidence of widespread electoral fraud existed, and that Mr. Pence had no choice but to certify Mr. Biden as the winner.But there also will likely be evidence that fervent supporters of Mr. Trump’s efforts fed his narcissism with bizarre false tales of result-changing electoral fraud, and frivolous legal theories justifying interference with Mr. Biden’s certification as president-elect. Those supporters could include Rudy Giuliani; Sidney Powell, a lawyer and purveyor of wild conspiracy theories; Jeffrey Clark, the acting head of the Justice Department’s civil division, who apparently plotted with Mr. Trump to unseat the acting attorney general and take control of the department; and John Eastman, the lawyer who hatched the plan that Mr. Pence refused to follow to keep Mr. Trump in power.Maybe Mr. Trump himself will swear to his good faith belief that he won. With all that conflicting testimony, how is a conscientious juror to decide for sure what was really going on inside his head?The answer lies in the Supreme Court’s doctrine of “willful blindness.” A dozen years ago, in the case of Global-Tech Appliances v. SEB, Justice Samuel Alito, writing for all but one justice, ruled that proof of willful blindness is the legal equivalent of proving guilty knowledge.As Justice Alito explained it: “Many criminal statutes require proof that a defendant acted knowingly or willfully, and courts applying the doctrine of willful blindness hold that defendants cannot escape the reach of these statutes by deliberately shielding themselves from clear evidence of critical facts that are strongly suggested by the circumstances.”In other words, when a defendant, like Mr. Trump, is on notice of the potential likelihood of an inconvenient fact (Mr. Biden’s legitimate victory), and closes his eyes to overwhelming evidence of that fact, the “willfully blind” defendant is just as guilty as if he actually knew the fact. While this argument is not a slam dunk, there’s an excellent chance that 12 jurors will find, beyond a reasonable doubt, that Mr. Trump hid from the truth by adopting willful blindness.Burt Neuborne is a professor emeritus at New York University Law School, where he was the founding legal director of the Brennan Center for Justice. He was the national legal director of the American Civil Liberties Union from 1981 to 1986.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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    A Former French President Gives a Voice to Obstinate Russian Sympathies

    Remarks by Nicolas Sarkozy have raised fears that Europe’s pro-Putin chorus may grow louder as Ukraine’s plodding counteroffensive puts pressure on Western resolve.PARIS — Nicolas Sarkozy, the former French president, was once known as “Sarko the American” for his love of free markets, freewheeling debate and Elvis. Of late, however, he has appeared more like “Sarko the Russian,” even as President Vladimir V. Putin’s ruthlessness appears more evident than ever.In interviews coinciding with the publication of a memoir, Mr. Sarkozy, who was president from 2007 to 2012, said that reversing Russia’s annexation of Crimea was “illusory,” ruled out Ukraine joining the European Union or NATO because it must remain “neutral,” and insisted that Russia and France “need each other.”“People tell me Vladimir Putin isn’t the same man that I met. I don’t find that convincing. I’ve had tens of conversations with him. He is not irrational,” he told Le Figaro. “European interests aren’t aligned with American interests this time,” he added.His statements, to the newspaper as well as the TF1 television network, were unusual for a former president in that they are profoundly at odds with official French policy. They provoked outrage from the Ukrainian ambassador to France and condemnation from several French politicians, including President Emmanuel Macron.The remarks also underscored the strength of the lingering pockets of pro-Putin sympathy that persist in Europe. Those voices have been muffled since Europe forged a unified stand against Russia, through successive rounds of economic sanctions against Moscow and military aid to Kyiv.The possibility they may grow louder appears to have risen as Ukraine’s counteroffensive has proved underwhelming so far. “The fact the counteroffensive has not worked up to now means a very long war of uncertain outcome,” said Nicole Bacharan, a political scientist at Sciences Po, a university in Paris. “There is the risk of political and financial weariness among Western powers that would weaken Ukraine.”A destroyed bridge in Bohorodychne, Ukraine. It is now used as a foot crossing for residents.Tyler Hicks/The New York TimesIn France, Germany, Italy and elsewhere, not even the evident atrocities of the Russian onslaught against Ukraine have stripped away the affinity for Russia traditionally found on the far right and far left. This also extends at times to establishment politicians like Mr. Sarkozy, who feel some ideological kinship with Moscow, blame NATO expansion eastward for the war, or eye monetary gain.From Germany, where former Social Democrat Chancellor Gerhard Schröder is the most prominent Putin supporter, to Italy where a former prime minister, Giuseppe Conte of the anti-establishment Five Star Movement has spoken out against arms shipments to Ukraine, some politicians seem unswerving in their support for Mr. Putin.France, like Germany, has always had a significant number of Russophiles and admirers of Mr. Putin, whatever his amply illustrated readiness to eliminate opponents — most recently, it seems, his sometime sidekick turned upstart rival, Yevgeny V. Prigozhin, who led a brief mutiny two months ago.The sympathizers range from Mr. Sarkozy’s Gaullist center right, with its simmering resentment of American power in Europe and admiration for strong leaders, to Marine Le Pen’s far right, enamored of Mr. Putin’s stand for family, faith and fatherland against a supposedly decadent West. The extreme left, in a hangover from Soviet times, also has a lingering sympathy for Russia that the 18-month-long war has not eradicated.Still Mr. Sarkozy’s outspokenness was striking, as was his unequivocal pro-Russian tone and provocative timing.“Gaullist equidistance between the United States and Russia is an old story, but what Sarkozy said was shocking,” Ms. Bacharan said. “We are at war and democracies stand with Ukraine, while the autocracies of the world are with Mr. Putin.”The obstinacy of the French right’s emotional bond with Russia owes much to a recurrent Gallic great-power itch and to the resentment of the extent of American postwar dominance, evident in the current French-led quest for European “strategic autonomy.” Even President Macron, a centrist, said as recently as 2019 that “Russia is European, very profoundly so, and we believe in this Europe that stretches from Lisbon to Vladivostok.”President Vladimir V. Putin of Russia, left, during a meeting with President Emmanuel Macron of France in Moscow in February 2022.Sputnik, via Agence France-Presse — Getty ImagesWith Mr. Putin, Russian rapprochement has also been about money. Ms. Le Pen’s far-right National Rally party took a Russian loan; former Prime Minister François Fillon joined the boards of two Russian firms (before quitting last year in protest at the war); and Mr. Sarkozy himself has been under investigation since 2021 over a €3 million, or about $3.2 million, contract with a Russian insurance company.This financial connection with Moscow has undermined Mr. Sarkozy’s credibility, but not made him less vocal.He urged Mr. Macron, with whom he regularly confers, to “renew dialogue” with Mr. Putin, called for the “ratification” of Crimea’s annexation through an internationally supervised referendum, and said referendums should also be organized in the eastern Donbas region to settle how land there is divided between Ukraine and Russia.Rather than occupied territory, the Donbas is clearly negotiable territory to Mr. Sarkozy; as for Crimea, it’s part of Russia. Dmitri Medvedev, the former Russian president and now virulent assailant of the West, hailed Mr. Sarkozy’s “good sense” in opposing those who provide missiles “to the Nazis of Kyiv.”Commenting on Mr. Sarkozy in the daily Libération, the journalist Serge July wrote: “Realism suggests that the meager results of the Ukrainian counteroffensive have suddenly redrawn the Russia map. Supporters who had remained discreet are finding their way back to the microphones. One recalls the words of Edgar Faure, a star of the Fourth Republic: ‘It’s not the weather vane that turns but the wind.’”If the West’s goal was to leverage major military gains through the Ukrainian counteroffensive into a favorable Ukrainian negotiating position with Moscow — as suggested earlier this year by senior officials in Washington and Europe — then that scenario looks distant for the moment.A member of the Ukrainian Marine Brigade getting into position on the southern front this month.Diego Ibarra Sanchez for The New York TimesThis, in turn, may place greater pressure over time on Western unity and resolve as the U.S. presidential election looms next year.Mr. Putin, having apparently shored up his 23-year-old rule through the killing of Mr. Prigozhin, may be playing for time. It was not for nothing that Brad Raffensperger, the Georgia secretary of state who clashed with Donald J. Trump over the former president’s demands that Mr. Raffensperger change the results of the 2020 election, was bizarrely included in a list of people banned from Russia that was published in May.As nods and winks to Mr. Trump go, this was pretty conspicuous.Mr. Macron responded to Mr. Sarkozy by saying their positions were different and that France “recognizes neither the annexation by Russian of Ukrainian territory, nor the results of parodies of elections that were organized.” Several French politicians expressed outrage at Mr. Sarkozy’s views.Over the course of the war, Mr. Macron’s position itself has evolved from outreach to Putin, in the form of numerous phone calls with him and a statement that Russia should not be “humiliated,” toward strong support of the Ukrainian cause and of President Volodymyr Zelensky.There have been echoes of Mr. Sarkozy’s stance elsewhere in Europe, even if Western resolve in standing with Ukraine does not appear to have fundamentally shifted.President Vladimir V. Putin of Russia, left, and former President Nicolas Sarkozy of France in 2007 in Moscow.ReutersMr. Schröder, Germany’s former chancellor and, in retirement, a Russian gas lobbyist close to Mr. Putin, attended a Victory Day celebration at the Russian embassy in Berlin in May. Tino Chrupalla, the co-chairman of the far-right Alternative for Deutschland, or AfD, as it is known in Germany, was also present.A significant minority in Germany’s Social Democratic party retains some sympathy for Moscow. In June, Chancellor Olaf Scholz, who has overseen military aid to Ukraine worth billions of dollars and views the Russian invasion a historical “turning point” that obliges German to wean itself of its post-Nazi hesitation over the use of force, faced heckles of “warmonger” as he gave a speech to the party.This month, in a reversal, Mr. Scholz’s government retreated from making a legal commitment to spending two percent of GDP on defense annually, a NATO target it had previously embraced, Reuters reported. Disquiet over military rather than social spending is rising in Europe as the war in Ukraine grinds on.Many people in what was formerly East Germany, part of the Soviet imperium until shortly before German unification in 1990, look favorably on Moscow. A poll conducted in May found that 73 percent of West Germans backed sanctions against Russia, compared with 56 percent of those living in the East. The AfD has successfully exploited this division by calling itself the peace party.“I could not have imagined that German tanks would once again head in the direction of Russia,” said Karsten Hilse, one of the more voluble Russia sympathizers within the AfD, alluding to tanks provided to Ukraine.In Italy, the most vocal supporter of Mr. Putin was Silvio Berlusconi, the four-time prime minister who died a few months ago. Giorgia Meloni, who as prime minister leads a far-right government, has held to a pro-Ukrainian line, despite the sympathies of far-right movements throughout Europe for Mr. Putin.Mr. Conte, the former Italian prime minister, declared recently that “the military strategy is not working,” even as it takes a devastating financial toll.In France, Ségolène Royal, a prominent former socialist candidate for the presidency who has denounced Ukrainian claims of Russian atrocities as “propaganda,” announced this week that she intended to lead a united left-wing group in European Parliament elections next year. It was another small sign of a potential resurgence of pro-Russian sentiment.Mr. Putin has used frozen conflicts to his advantage in Georgia and elsewhere. If there is no victory for either side in Ukraine before the U.S. election in November 2024, “the outcome of the war will be decided in the United States,” Ms. Bacharan said.Reporting was contributed by Christopher F. Schuetze in Berlin, Juliette Guéron-Gabrielle in Paris and Gaia Pianigiani in Rome. More

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    In Iowa, a Voter Asks DeSantis: Why Should I Choose You Over Trump?

    The Florida governor was reluctant to attack the former president too directly as he navigated the tricky waters of the Republican primary.In a rural Iowa town, Ethan Masters asked Ron DeSantis the most pressing question of the primary season: Why would he make a better president than Donald Trump?Standing next to a yellow-and-green tractor at J&J Ag Solutions Machine Shop in Estherville, Iowa, Mr. Masters, a 21-year-old real estate agent, was a stand-in for many Republican voters. He went for Mr. Trump in 2020, but he’s open to another candidate. He plans to caucus but did not have time to watch the Republican primary debate on Wednesday night. He’s also not familiar with the details of Mr. Trump’s various criminal cases.Though Mr. Masters’s question on Friday was brief and straightforward, the Florida governor spoke for nearly three minutes, before he was interrupted by another voter, a rarity on Iowa’s normally staid political circuit.A Question for Ron DeSantis“You could probably consider me the average voter. I haven’t done a lot of research on you. I voted for Trump, and I didn’t mind what he did. So I wouldn’t mind either of you getting voted in. So what’s your biggest selling point when I’m in the voting stage and it’s between you and Trump?”The SubtextMr. DeSantis almost never criticizes Mr. Trump, who is leading him by double digits in Iowa and by nearly 40 points nationwide, unless prompted to do so. He has the difficult task of navigating the Trump Triangle, appealing to voters who like Mr. Trump’s policies and brash manner; those who are aligned with his policies, but are tired of his legal troubles; and the Never Trump Republicans who want a return to the pre-Trump party.The question from Mr. Masters was a rare chance for the governor to make his single best argument in one place.DeSantis’s Answer“Well, I think a few things. One is, I think I’m much more likely to actually get elected, which is very important. I could serve two terms. He’d be a lame duck on Day 1 even if he could get elected. I have a track record of appointing really good people to office. I think he appointed a lot of duds to office, and it really hurt his ability to get his agenda done. I also think I’m more likely to follow through on doing what I said I would do. You look in Florida, everything I promised, I did. I never made a promise that I didn’t follow through on, and that’s just how I am. I am not going to sit there and tell you something that you want to hear to try to get your vote, and then get in and just forget that it ever happened.”The SubtextThat was only the first 45 seconds of Mr. DeSantis’s answer, in which he listed not just one of his selling points but many, contrasting his record of success in Florida with Mr. Trump’s failure to build the border wall or “drain the swamp.” But his argument felt more like a series of bullet points than a comprehensive political vision. He went on for much longer, mentioning Mr. Trump’s unrealized promise to “lock up” Hillary Clinton and accusing him of handing over his congressional agenda to Paul Ryan, the former Republican speaker of the House who is now seen by some in the G.O.P. as insufficiently conservative.True to his debate performance and campaign trail events, Mr. DeSantis never delivered a real punch.Why It MattersThe governor’s path to victory is based on a slow-and-steady approach. While Mr. DeSantis may not have had a breakout moment at the debate on Wednesday, Republican voters thought he performed best of all the candidates, according to a snap poll by the Washington Post, FiveThirtyEight and Ipsos. And his campaign said he raised more than $1 million the following day, the most it has raised in 24 hours, apart from the day Mr. DeSantis announced he was running.“Ron DeSantis’s path to victory isn’t going to run through flashy, sugar-high moments that fade in and out of the national narrative,” Andrew Romeo, the campaign’s communications director, said in a statement. “We have challenged the opposition to try to keep up in terms of pace and organization.”Iowa voters listened to Mr. DeSantis speak at Frontier Bank in Rock Rapids, Iowa, on Friday.Jordan Gale for The New York TimesWhat the Voter SaidIn a follow-up interview, Mr. Masters said that he was impressed by Mr. DeSantis overall but not blown away by his answer.“I asked for his biggest selling point, and he gave me a list,” said Mr. Masters. “But it was a pretty good list.” More