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      In Legal Peril, Trump Tries to Shift the Spotlight to Biden

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      Donald J. Trump, who is under indictment, is trying to undermine the American justice system by lashing out at his successor.Under indictment and enraged, former President Donald J. Trump — with the help of Republican allies, social media supporters and Fox News — is lashing out at his successor in the hopes of undermining the charges against him.“A corrupt sitting president!” Mr. Trump blared on Tuesday night after being arrested and pleading not guilty in Miami. “The Biden administration has turned us into a banana republic,” one of his longtime advisers wrote in a fund-raising email. “Wannabe dictator,” read a chyron on Fox News, accusing Mr. Biden of having his political rival arrested.The accusations against Mr. Biden are being presented without any evidence that they are true, and Mr. Trump’s claims of an unfair prosecution came even after Attorney General Merrick B. Garland appointed a special counsel specifically to insulate the inquiries from political considerations.But that hardly seems to be the point for Mr. Trump and his allies as they make a concerted effort to smear Mr. Biden and erode confidence in the legal system. Just hours after his arraignment, Mr. Trump promised payback if he wins the White House in 2024.“I will appoint a real special prosecutor to go after the most corrupt president in the history of the United States of America, Joe Biden, and the entire Biden crime family,” Mr. Trump said during remarks at his golf club in Bedminster, N.J.On Twitter, the former president’s followers used words like “traitor,” “disgrace,” “corrupt” and “biggest liar” to describe the current president. And while Fox News said on Wednesday that the “wannabe dictator” headline was “taken down immediately” and addressed, the network counts Mr. Trump’s many followers as loyal viewers.The response from Mr. Biden and his advisers has been studious silence.The president has vowed not to give the slightest hint that he is interfering in the criminal case against Mr. Trump, and he has ordered his White House aides and campaign staff members not to comment. That decision has quieted what is usually a robust rapid response team that aims to counter Republican attacks.The president’s press aides responsible for instantly blasting out pro-Biden commentary to reporters have gone dark. Even Senator Chuck Schumer, the majority leader, issued a terse “no comment” on Wednesday.Jill Biden, the first lady, broke the code of silence on Monday, telling donors at a fund-raiser in New York that she was shocked that Republicans were not bothered by Mr. Trump’s indictment. “My heart feels so broken by a lot of the headlines that we see on the news,” she said at the event, according to The Associated Press.The attorney general also weighed in — somewhat — on Wednesday with his first public comments since Mr. Trump was charged. He took the opportunity to defend Jack Smith, the special counsel, as “a veteran career prosecutor.”“He has assembled a group of experienced and talented prosecutors and agents who share his commitment to integrity and the rule of law,” Mr. Garland said.Still, the no-comment strategy out of the White House is reminiscent of the determined silence by Robert S. Mueller III, the special counsel who investigated Russian interference in the 2016 election and links between Russian operatives and Mr. Trump’s campaign. Mr. Mueller said virtually nothing for more than a year as Mr. Trump and his allies attacked his investigation and his motives.Like Mr. Mueller’s approach, Mr. Biden’s refusal to comment is intended to make sure he does not provide ammunition that his adversaries can try to use to undermine his credibility and integrity.But in the end, the sustained assault on Mr. Mueller and his investigation helped Mr. Trump create a false narrative and survive the damning revelations contained in the more than 400-page report bearing the prosecutor’s name.On Wednesday, when a reporter noted that Mr. Trump had accused Mr. Biden of “having him arrested, effectively directing his arrest,” Karine Jean-Pierre, the White House press secretary, said, “I’m not going to comment.”Eddie Vale, a longtime Democratic strategist, said the White House position made sense, given the need to avoid even the hint that Mr. Biden was meddling in Mr. Trump’s case.But he said members of outside Democratic groups would most likely begin coming to Mr. Biden’s defense if the attacks continued.“This is such a charged and hot subject,” Mr. Vale said. “There’s nothing to be gained by weighing in. But I think as it goes on, you will have folks on the outer circle weighing in.”Strategists for Mr. Trump promise that the attacks will continue.Chris LaCivita, a senior campaign consultant for Mr. Trump, said on Wednesday that it was fair to assign responsibility for the investigation to Mr. Biden because the special counsel was appointed by Mr. Biden’s attorney general.“There’s a thing called in government, the chain of command,” he said.America First Legal, the pro-Trump group founded by Stephen Miller, the architect of the former president’s immigration agenda, sent out a fund-raising appeal on Wednesday morning, using the indictment as a rallying cry.The theme has been echoed by Mr. Trump’s staunchest allies in Congress, who trained their ire on Mr. Biden even as they also railed against the Justice Department, the F.B.I., the “mainstream media” and Democrats generally.Most of them, it seemed, were trying to goad Mr. Biden into a reaction.“I, and every American who believes in the rule of law, stand with President Trump against this grave injustice,” tweeted Speaker Kevin McCarthy, the leading Republican in Congress.Mr. Biden has so far focused on governing.On Tuesday, the president met with Jens Stoltenberg, the secretary general of NATO, in the Oval Office. Later, he hosted a Juneteenth concert on the South Lawn of the White House, an event where it was easy to avoid the subject of Mr. Trump.“To me, making Juneteenth a federal holiday wasn’t just a symbolic gesture,” Mr. Biden told the crowd in brief remarks. “It was a statement of fact for this country to acknowledge the original sin of slavery.”But it is likely to get more difficult to refrain from wading into the Trump situation.On Saturday, the president is scheduled to attend a political rally with union supporters in Philadelphia. It is the kind of event where he would be expected to draw the contrast between himself and his rivals. Mr. Biden may be able to navigate that issue in the short term; Mr. Trump has a long way to go to win the Republican nomination.But if he does become Mr. Biden’s opponent for the presidency again, the strategy of avoidance may eventually have to change.As the first lady told donors at an event in California — referring to Mr. Trump’s four-year term in the White House: “We cannot go back to those dark days. And with your help, we won’t go back.” More

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      Aileen Cannon, Judge in Trump Case Has Scant Criminal Trial Experience

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      Judge Aileen M. Cannon, under scrutiny for past rulings favoring the former president, has presided over only a few criminal cases that went to trial.Aileen M. Cannon, the Federal District Court judge assigned to preside over former President Donald J. Trump’s classified documents case, has scant experience running criminal trials, calling into question her readiness to handle what is likely to be an extraordinarily complex and high-profile courtroom clash.Judge Cannon, 42, has been on the bench since November 2020, when Mr. Trump gave her a lifetime appointment shortly after he lost re-election. She had not previously served as any kind of judge, and because about 98 percent of federal criminal cases are resolved with plea deals, she has had only a limited opportunity to learn how to preside over a trial.A Bloomberg Law database lists 224 criminal cases that have been assigned to her, and a New York Times review of those cases identified four that went to trial. Each was a relatively routine matter, like a felon who was charged with illegally possessing a gun. In all, the four cases added up to 14 trial days.Judge Cannon’s suitability to handle such a high-stakes and high-profile case has already attracted scrutiny amid widespread perceptions that she demonstrated bias in the former president’s favor last year, when she oversaw a long-shot lawsuit filed by Mr. Trump challenging the F.B.I.’s court-approved search of his Florida home and club, Mar-a-Lago.In that case, she shocked legal experts across the ideological divide by disrupting the investigation — including suggesting that Mr. Trump gets special protections as a former president that any other target of a search warrant would not receive — before a conservative appeals court shut her down, ruling that she never had legitimate legal authority to intervene.“She’s both an inexperienced judge and a judge who has previously indicated that she thinks the former president is subject to special rules so who knows what she will do with those issues?” said Julie O’Sullivan, a Georgetown University criminal law professor and former federal prosecutor.In theory, Judge Cannon could step aside on her own for any reason, or the special counsel, Jack Smith, could ask her to do so under a federal law that says judges are supposed to recuse themselves if their “impartiality might reasonably be questioned” — and, if she declines, ask an appeals court to order her to recuse.There is no sign that either of them is considering taking that step, however — or what its legal basis would be.The appeals court last year found that she was wrong about jurisdiction law, not that she was biased. And judges have previously heard litigation involving presidents who appointed them — including the Trump search warrant lawsuit, in which, notably, two of the three appeals court judges who reversed her intervention were also Trump appointees.By bringing the charges in Florida, where most of the alleged crimes took place, instead of Washington, where the grand jury that primarily investigated the matter sat, the special counsel, Mr. Smith, avoided a potential fight over whether the case was in the right venue but ran the risk that Judge Cannon could be assigned the case.But the chances appeared low. Under the Southern District of Florida’s practices, a computer in the clerk’s office assigns new cases randomly among judges who sit in the division where the matter arose or a neighboring one — even if the matter relates to a previous case. Nevertheless, Judge Cannon got it.In a previous case, Judge Cannon suggested that Mr. Trump gets special protections as a former president that any other target of a search warrant would not receive.Doug Mills/The New York TimesThe chief clerk of the court has said that five active judges were eligible to draw Mr. Trump’s case, and that Judge Cannon’s odds of receiving it were slightly higher than others because half of her cases come from the West Palm Beach division, where Mar-a-Lago is. The clerk has also said normal procedures were followed in making the assignment.Several lawyers who have appeared before Judge Cannon in run-of-the-mill criminal cases described her in interviews as generally competent and straightforward — and also, in notable contrast to her rulings hobbling the Justice Department after the search, someone who does not otherwise have a reputation of being unusually sympathetic to defendants.At the same time, they said, she is demonstrably inexperienced and can bristle when her actions are questioned or unexpected issues arise. The lawyers declined to speak publicly because they did not want to be identified criticizing a judge who has a lifetime appointment and before whom they will likely appear again.Judge Cannon’s four criminal trials identified in the review involved basic charges, including accusations of possession of a gun by a felon, assaulting a prosecutor, smuggling undocumented migrants from the Bahamas, and tax fraud. The four matters generated between two and five days of trial each.The Trump case is likely to raise myriad complexities that would be challenging for any judge — let alone one who will be essentially learning on the job.There are expected to be fights, for example, over how classified information can be used as evidence under the Classified Information Procedures Act, a national security law that Judge Cannon has apparently never dealt with before.Defense lawyers are also likely to ask her to suppress as evidence against Mr. Trump notes and testimony from one of his lawyers. While another federal judge already ruled that a grand jury could get otherwise confidential lawyer communications under the so-called crime-fraud exception to attorney-client privilege, Judge Cannon will not be bound by that decision in determining what can be used in trial.The judge will likely have to vet claims of prosecutorial misconduct put forward by Mr. Trump and his defense team.“That has already been signaled in a lot of the media statements made by Trump and his lawyers,” Samuel Buell, a Duke University law professor and former federal prosecutor, said of the misconduct claims. “This is very typical, but she is a very inexperienced judge, so even if she weren’t favorable to Trump, she might hear a lot of stuff and think she is hearing stuff that is unusual even though it’s made all the time.”And the judge will decide on challenges to potential jurors when either side claims someone might be biased for or against one of the most famous and polarizing people in the world.Fritz Scheller, a longtime defense lawyer in Florida who has had cases in Judge Cannon’s district but not appeared before her, said in complex and high-profile cases, even the most experienced judges are forced to think on their feet to make swift decisions.In this case, he said, the issue of how to protect the jury from being influenced by the vast media coverage alone “will be a herculean task” for any judge.Alina Habba, a spokeswoman for Mr. Trump, speaking to reporters in Miami on Tuesday. The case has already received vast media coverage that could influence a jury.Doug Mills/The New York TimesIn the aftermath of the F.B.I.’s Mar-a-Lago search, Judge Cannon repeatedly sided with the man who had appointed her. She blocked investigators from having access to the classified government documents seized from him and entertained an unprecedented legal theory put forward by his lawyers that White House records could be kept from the Justice Department in a criminal investigation on the basis of executive privilege.Eventually, a conservative appeals court panel — including two other Trump appointees — reversed her, writing in a pair of scathing opinions that she had misread the law and had no jurisdiction to interfere in the investigation. The Supreme Court let those rebukes stand without comment, and she acquiesced, dismissing the lawsuit.It remains to be seen what she will take from the reputational damage she brought upon herself at the start of what is likely to be many decades on the bench. She could continue her pattern from last year, or she could use her second turn in the spotlight to adjudicate the documents case more evenhandedly.While Mr. Trump and his White House lawyers put forward many young conservatives to fill judicial vacancies when he was president, Judge Cannon was unusually young and inexperienced. She was 38 years old and working on appellate matters as an assistant United States attorney in Florida when Mr. Trump nominated her for a lifetime appointment, and little about her legal résumé up to that point was remarkable.Still, the Senate majority leader at the time, Mitch McConnell, Republican of Kentucky, pushed through her confirmation vote in the lame-duck session after the election. Her nomination received little attention and did not draw particular fire from Democrats; she was confirmed 56 to 21, with 12 Democrats joining 44 Republicans to vote in favor.The daughter of a Cuban exile, she grew up in Miami and graduated from Duke University and the University of Michigan Law School. She was identifiable as ideologically conservative, having joined the Federalist Society in law school and clerked for a conservative appeals court judge.She had been approached by the office of Senator Marco Rubio, Republican of Florida, and asked to apply to a panel he uses to vet potential judicial candidates, she wrote on her Senate Judiciary Committee questionnaire. She also interviewed with a lawyer for Senator Rick Scott, Republican of Florida, before talking to the White House, she wrote.(The Senate’s “blue slip” practice empowers senators to block confirmation proceedings for nominees from their states, so senators wield significant power over who the White House nominates. There are currently three vacant seats on the Federal District Court in South Florida for which President Biden has made no nomination, suggesting that Mr. Rubio and Mr. Scott have not agreed to let him fill those seats with anyone acceptable to a Democratic White House.)Judge Cannon had been approached by Senator Marco Rubio, Republican of Florida, and asked to apply to a panel that vets potential judicial candidates.Tom Brenner for The New York TimesJudge Cannon had graduated from law school in 2008, and her 12 years as a lawyer were the minimum the American Bar Association considers necessary for a judicial nominee. A substantial majority of the bar association’s vetting panel deemed her to be merely “qualified,” though a minority deemed her “highly qualified.”Her criminal trial experience before becoming a judge was limited.In 2004, when she was working as a paralegal at the Justice Department’s civil rights division before going to law school, she had “assisted federal prosecutors in two federal criminal jury trials,” she wrote on the questionnaire.From 2009 to 2012, she was an associate at the law firm Gibson Dunn, where she worked on regulatory proceedings, not criminal matters. (She wrote that she participated in two administrative trials before agencies like the Securities and Exchange Commission.)From 2013 to 2020, she was an assistant United States attorney in Florida. While most of that time was spent on appellate work, until 2015 she had worked in the major crimes division on ​“a wide range of federal firearms, narcotics, fraud and immigration offenses” that resulted in the conviction of 41 defendants, she wrote. Most of those cases, however, ended in plea deals: She tried just four of them to a jury verdict, she wrote.She was the lead counsel for two of those cases — both involving a felon charged with possessing a firearm, she wrote, and served as assistant to the main prosecutor in the other two cases, one of which she said involved possession of images of child sexual exploitation.Other parts of Judge Cannon’s questionnaire answers put forward few experiences or accomplishments that clearly distinguished her as seasoned and demonstrably ready for the powers and responsibilities of a lifetime appointment to be a federal judge.It asked, for example, for every published writing she had produced. She listed 20 items. Of those, 17 were pieces she had written in the summer of 2002 as a college intern at The Miami Herald’s Spanish-language sister publication, El Nuevo Herald, with headlines like “Winners in the Library Quest Competition.” The other three were articles published on Gibson Dunn’s website describing cases the firm had handled, each of which had three other co-authors.The questionnaire also asked her to provide all reports, memorandums and policy statements she had written for any organization, all testimony or official statements on public or legal policy she had ever delivered to any public body, and all her speeches, talks, panel discussions, lectures or question-and-answer sessions.“None,” she wrote.Kitty Bennett More

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      GOP Rivals See Trump Indictment Stealing Spotlight

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      An all-indictment, all-the-time news diet could swallow the summer, denying attention to other Republican candidates who need it like oxygen.Former President Donald J. Trump faces 37 federal charges that could send him to prison for the remainder of his life, but it’s the rest of the Republican field that’s in the most immediate political trouble.Advisers working for Mr. Trump’s opponents are facing what some consider an infuriating task: trying to persuade Republican primary voters, who are inured to Mr. Trump’s years of controversies and deeply distrustful of the government, that being criminally charged for holding onto classified documents is a bad thing.In previous eras, the indictment of a presidential candidate would have been, at a minimum, a political gift for the other candidates, if not an event that spelled the end of the indicted rival’s run. Competitors would have thrilled at the prospect of the front-runner’s spending months tied up in court, with damaging new details steadily dripping out. And they still could be Mr. Trump’s undoing: If he does not end up convicted before November 2024, his latest arrest is not likely win him converts in the general election.But Mr. Trump’s competitors — counterintuitively, according to the old conventional political wisdom — are actually dreading what threatens to be an endless indictment news cycle that could swallow up the summer. His rivals are desperate to get media coverage for their campaigns, but since the indictment became public last Thursday, as several advisers grumbled, the only way they can get their candidates booked on television is for them to answer questions about Mr. Trump.Mr. Trump is making full use of the trappings of his former office: the big, black sport utility vehicles; the Secret Service agents in dark glasses; the stops at grocery stores and restaurants with entourages, bodyguards and reporters in tow, said Katon Dawson, a former South Carolina Republican Party chairman who works on Nikki Haley’s campaign.“That is powerful stuff when you’re campaigning against it,” Mr. Dawson said.And there’s no end in sight for indictment season. This was the second time Mr. Trump has been indicted in two months, and he may be indicted at least once more this summer, in Georgia, for his efforts to overturn the 2020 election. The Georgia prosecutor leading that investigation signaled the timing when she announced last month that most of her staff would work remotely during the first three weeks of August — right when Republican presidential candidates will be preparing for the first debate of the primary season, on Aug. 23 in Milwaukee.Mr. Trump arrived at Wilkie Ferguson Courthouse in Miami on Tuesday, making full use of the trappings of his former office.Saul Martinez for The New York TimesIn Mr. Trump’s federal case, in South Florida, it is possible that the former president could face trial in the middle of the primary campaign season.One Republican candidate who has gotten some airtime, Vivek Ramaswamy, a wealthy entrepreneur and author, did so by flying to Miami from Ohio and addressing journalists gathered outside the courthouse to record Mr. Trump’s arraignment on Tuesday. He promised to pardon Mr. Trump if he gets elected president. He railed against a “donor class” that he asserted was urging him to spurn Mr. Trump, knocked the news media and demanded that every other G.O.P. candidate sign a pledge to pardon Mr. Trump if elected.“Half the battle is showing up,” Mr. Ramaswamy said in an interview Tuesday night on his way to Iowa. “I am getting my message out, at least the part of it that relates to the events of the day.”Most of Mr. Trump’s other rivals have tied themselves in knots trying to fashion responses to the indictments that would grab media attention without alienating Republican voters who remain supportive of Mr. Trump.Gov. Ron DeSantis of Florida came down on Mr. Trump’s side but with little enthusiasm. He subtly rebuked Mr. Trump’s conduct, raising Hillary Clinton’s mishandling of classified documents as a stand-in for Mr. Trump’s when he said he would have been “court-martialed in a New York minute” had he taken classified documents during his service in the Navy.But Mr. DeSantis has also used the opportunity to give Republican voters what they mostly want: He has defended Mr. Trump and attacked President Biden and his Justice Department, saying they unfairly target Republicans. On Tuesday, Mr. DeSantis began to roll out his plan to overhaul the “weaponized” F.B.I. and Justice Department. And the main pro-DeSantis super PAC released a video attacking the “Biden D.O.J.” for “indicting the former president.”Before the indictment was released, former Vice President Mike Pence said on CNN that he hoped Mr. Trump would not be charged because it would “be terribly divisive to the country.”Then Mr. Pence read the indictment. On Tuesday, he told The Wall Street Journal’s editorial board, “These are very serious allegations. And I can’t defend what is alleged. But the president is entitled to his day in court, he’s entitled to bring a defense, and I want to reserve judgment until he has the opportunity to respond.”Mr. Pence went on to denounce the Biden administration’s Justice Department as politicized — in large part because of its treatment of Mr. Trump — and promised that as president he would clean it up.Senator Tim Scott of South Carolina and Ms. Haley, the former United Nations ambassador, both initially greeted the indictment with condemnation of what they called unequal justice — harsh for Republicans, lenient for Democrats — before tacking on their assessment that the accusations against Mr. Trump were grave and should be taken seriously.Then, on Tuesday, Ms. Haley volunteered that if elected she, too, would consider pardoning Mr. Trump.All of those contortions offer an opening to candidates with simpler messages, either for or against Mr. Trump’s prosecution.“I don’t think they know what they think yet,” said Mr. Ramaswamy of the candidates he called the “finger-in-the-wind class.” Some candidates “tend to serve as mouthpieces for the donors who fund them and the consultants who advise them, and the donors and consultants haven’t figured out their advice yet.”All of this presumably is music to Mr. Trump’s ears: So long as the news media and his rivals are fighting each other and obsessing about him, he must be winning.Former Gov. Chris Christie of New Jersey is so far the only Republican rival of Mr. Trump’s to make full-throated statements condemning the former president for the actions detailed in the indictment.John Tully for The New York TimesThe only Republican presidential candidate so far to speak clearly and forcefully against Mr. Trump over the actions documented in the indictment was former Gov. Chris Christie of New Jersey. He condemned Mr. Trump and showed contempt for Republicans who were directing blame elsewhere.“We’re in a situation where there are people in my own party who are blaming D.O.J.,” Mr. Christie said on Monday night in a CNN town hall meeting. “How about blame him? He did it.”He also implored his fellow competitors to focus on the front-runner, not each other, saying 2024 is playing out as a rerun of 2016 when a large field, which included Mr. Christie, sniped at each other and let Mr. Trump gallop away with the nomination.Tucker Carlson, who was taken off air by Fox News but remains influential with the Republican base, put out a video on Twitter on Tuesday night that captures what Mr. Trump’s rivals are up against. Mr. Carlson sought to portray the federal indictment as proof that Mr. Trump was “the one guy with an actual shot of becoming president” who was feared by the Washington establishment. The clip is an implied rebuke of Mr. DeSantis and comes close to an endorsement of Mr. Trump.It is too soon after the indictment to draw solid conclusions about how Republican voters are processing the news. But the early data bodes well for Mr. Trump and ominously for his opponents. In a CBS News poll released on Sunday, only 7 percent of likely Republican primary voters said the indictment would lower their opinion of Mr. Trump. Twice as many said the indictment would change their view of him “for the better.”An adviser to one of Mr. Trump’s rivals, speaking on the condition of anonymity to be candid, admitted he was depressed at how Republican voters were receiving the news of what he considered to be devastating facts unearthed by the special counsel, Jack Smith.“I think the reality is there’s such enormous distrust of the Department of Justice and the F.B.I. after the Hillary years and the Russiagate investigation that it appears that no other fact set will persuade Republican voters otherwise right now,” the adviser said.Mr. Dawson, who is backing Ms. Haley, said Mr. Trump’s poll numbers were likely to rise in the coming weeks, along with the sentiment that the government cannot be trusted.The other candidates are gambling that they have the luxury of time.Mr. Christie has stepped up to bloody the former president with his attacks, which are unlikely to help Mr. Christie’s standing but may help other Republicans in the race: those who are refraining but “drafting” behind Mr. Christie, as one adviser put it, perhaps wishfully, using a horse-racing term.As more information spills out ahead of the former president’s trial, especially about the specifics of what was contained in the classified documents that Mr. Trump held onto — details of battle plans and nuclear programs — the severity of what crimes the former president is charged with may slowly seep in.That’s the hope, at least, for Mr. Trump’s rivals who languish far behind him in polls.“Let that little pop blow up, then get out of here, let the voters read the term paper, and let it sink in,” Mr. Dawson said. He added, of Mr. Trump: “People are going to start questioning his sanity.” More

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      Fox News Chyron Calls Biden a ‘Wannabe Dictator’ During Trump Speech

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      The onscreen text appeared Tuesday beneath split-screen footage of President Biden and former President Donald J. Trump, who had been charged with federal crimes hours earlier.A Fox News chyron appeared to refer to President Biden as a “wannabe dictator” during footage of his remarks from the White House on Tuesday, the same day that former President Donald J. Trump was charged with federal crimes in a Miami courtroom.The onscreen text appeared briefly at the bottom of a split-screen broadcast that showed President Biden and former President Trump speaking from respective podiums, at the White House and a Trump golf club in Bedminster, N.J.“Wannabe dictator speaks at the White House after having his political rival arrested,” the chyron read. It did not refer to Mr. Biden by name, but the implication was clear.The alert appeared at the end of the 8 p.m. broadcast of “Fox News Tonight,” a prime-time show that recently replaced one that had been hosted by Tucker Carlson, a popular nightside host who was dismissed by the network in April. The footage of Mr. Biden showed him speaking on the South Lawn of the White House on Tuesday at a holiday event.The term “wannabe dictator” was unusually strong even for a network that generally had a friendly relationship with the Trump White House and has been heavily critical of the Biden administration.On Tuesday’s edition of “Fox News Tonight,” host Brian Kilmeade also referred incorrectly to Mr. Trump as the “president of the United States” before he began speaking at his New Jersey club.Representatives for Fox News did not immediately respond to requests for comment.Mr. Trump, the front-runner for the 2024 Republican presidential nomination, on Tuesday became the first former president to be charged with federal crimes. He pleaded not guilty to 37 counts related to his handling of classified documents after he left office and his refusal to return them.Later on Tuesday, after President Biden delivered remarks during a White House reception for American diplomats, he declined to answer questions from reporters in the room about Mr. Trump’s courtroom appearance.A number of major television networks have declined to broadcast Mr. Trump’s speeches live out of concern that doing so could give him a platform for spreading misinformation. When CNN hosted a town hall with Mr. Trump in May, it was roundly criticized by observers who called the decision to air the event live irresponsible.Since the 2020 election, Fox News has occasionally cut away from Mr. Trump’s speeches or declined to run them. In other cases, as on Tuesday, the network has given them prime-time slots. More

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      Berlusconi’s Legacy Lives On Beyond Italy’s Borders

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      Silvio Berlusconi rose when political parties were weakened and carried on through a cascade of scandals. Leaders like Donald Trump and Jair Bolsonaro have had similar trajectories.In a strange bit of synergy, both the indictment of former U.S. President Donald Trump and the death of former Prime Minister Silvio Berlusconi of Italy took place this week. Berlusconi, arguably, was the O.G. of populist leaders whose political careers carried on through a cascade of scandals and criminal cases.Both are examples of how the weakening of mainstream political parties can open the field for charismatic outsiders with a populist bent.In the early 1990s, Italy’s national “clean hands” investigation revealed that wide-ranging corruption had infected business, public works and politics, and found that the country’s political parties were largely financed by bribes. The two parties that had dominated Italian politics since the fall of fascism, the Christian Democrats and the Socialists, collapsed after a wave of indictments. So did nearly every other established political party.“The party system that was the anchor of the democratic regime in the postwar period basically crumbled,” Ken Roberts, a Cornell University political scientist, told me a few years ago. “What you end up with is a political vacuum that gets filled by a populist outsider in Berlusconi.”That 2017 conversation with Roberts, notably, was focused on another country, where another corruption scandal was opening the path to power for another right-wing outsider: Brazil, where an obscure lawmaker named Jair Bolsonaro was just starting to gain national traction in the wake of the Carwash corruption investigation.“I really worry that in cleaning it up, the whole system is going to crumble,” Roberts said at the time. “I really fear what a Brazilian Berlusconi is going to look like.”In another conversation this week, Roberts recalled that back then, most analysts did not yet take Bolsonaro seriously. “But he was beginning to stir, and my quote to you was in anticipation of his rise,” he said.“I think it holds up pretty well over time,” he added.A year after Roberts and I first spoke, Bolsonaro was elected president after running on a far-right platform that included opposition to same-sex marriage and fulsome praise for Brazil’s former military dictatorship.As his term neared its close, he spent more than a year warning that he might not accept the results of the 2022 election if he failed to win. When he lost, he made baseless claims of fraud. A mob of his supporters eventually overran federal buildings in Brasília, the capital, in a failed effort to prevent the candidate who won the vote, Luiz Inácio Lula da Silva, from taking office.Bolsonaro is now set to face trial next week over his electoral fraud claims.Other examples of this pattern aren’t hard to find. In Venezuela, a series of corruption scandals opened a power vacuum that Hugo Chávez easily filled with populist appeals, leading to to an authoritarian government that, by the time of his death, oversaw a country racked by crises. In Guatemala, after a corruption investigation forced President Otto Pérez Molina out of office in 2015, he was replaced by Jimmy Morales, a charismatic television comedian with no political experience who ran on the slogan “not corrupt, nor a thief,” as president. When the U.N.-backed group that had investigated Molina began looking into Morales as well, he expelled it from the country.The United States has not had a massive corruption scandal that sent politicians to courtrooms and jail cells and decimated faith in its political parties. But, as I discussed in columns in April and May, Trump rose to power after the Republican Party was profoundly weakened by other factors, including campaign finance laws that allowed big-money donors to circumvent the party, and the rise of social media that meant the party was no longer a gatekeeper for press and messaging access.That kind of institutional weakness creates an opening for outsider politicians who might once have been kept out of politics by robust political parties. But more specifically, it also privileges a certain type of candidate, who has celebrity name recognition (perhaps a celebrity entertainer like Morales, a famous businessman like Berlusconi, or one like Trump, who bridges both worlds), charisma, and a willingness to win votes and headlines by embracing positions that would be taboo for mainstream candidates.Unfortunately, it is rare for such politicians to also be good at building new, strong institutions to replace those whose decay enabled their rise to power.In Italy, Berlusconi presided over and helped maintain decades of weak coalition governments and political turmoil, not to mention the multiple corruption scandals he landed in. And that chaos looks set to outlive him.“Even in death,” my colleague Jason Horowitz, the Rome bureau chief of The Times, wrote this week, “Berlusconi had the power to potentially destabilize the political universe and Ms. Meloni’s governing coalition, of which his party, Forza Italia, is a small but critical linchpin.”Thank you for being a subscriberRead past editions of the newsletter here.If you’re enjoying what you’re reading, please consider recommending it to others. They can sign up here. Browse all of our subscriber-only newsletters here.I’d love your feedback on this newsletter. Please email thoughts and suggestions to interpreter@nytimes.com. You can also follow me on Twitter. More

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      Here Are the Likely Next Steps in the Trump Documents Case

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      The federal prosecution of the former president should play out much like any other criminal proceeding, but against the backdrop of the political calendar.Now that former President Donald J. Trump has entered a plea of not guilty at his arraignment in Miami, the criminal case against him will, barring an unforeseen event, settle into a traditional trajectory.The case against Mr. Trump, accusing him of illegally retaining national defense documents and obstructing the government’s efforts to retrieve them, is the first time that federal charges have been filed against a former president. But the case’s passage through the legal system should, with any luck, proceed like other criminal matters, if against the backdrop of the political calendar.The only date set so far for a further step is a hearing on June 27 at which Mr. Trump’s co-defendant and personal aide, Walt Nauta, will enter his plea. A spokesman for Mr. Trump, Steven Cheung, said he was unsure whether Mr. Nauta and Mr. Trump have a joint defense agreement.The parties will begin a slow but steady rhythm of status conferences, meeting every couple of months in court as the government starts to provide evidence to the defense through what is known as the discovery process. That evidence will help Mr. Trump’s lawyers decide what motions they plan to file in attacking the charges against him.Mr. Trump will also have to finalize the members of his legal team. To that end, he met privately with a handful of Florida-based lawyers at his club in Miami, Doral, on Monday night, according to a person close to him who was not authorized to speak publicly about the efforts to remake his legal team. Mr. Trump found himself needing additional lawyers after the two who had taken lead on the documents case, James Trusty and John Rowley, resigned the day after the charges were filed.The meetings were said to have gone well, but it remained unclear whether any of the lawyers he interviewed would be hired. Mr. Trump’s advisers are hoping to avoid rushing into a situation of quickly hiring someone who may not gel with the client and with his other lawyers. Nearly a half-dozen lawyers were interviewed, according to one person familiar with the discussions.For now, Mr. Trump will lean heavily on the New York lawyer who appeared with him at the arraignment, Todd Blanche. Mr. Blanche is also defending Mr. Trump against criminal charges in state court in Manhattan stemming from a hush-money payment to a porn star.It is unclear what role another lawyer who stood beside him, Christopher M. Kise, will have as the case goes forward. Mr. Kise was initially hired to handle a legal fight over imposing an outside arbiter to review reams of government records seized last summer during an F.B.I. search of Mar-a-Lago, Mr. Trump’s private club and residence in Florida.In a brief interview after the court appearance, Mr. Kise, a former Florida solicitor general, rejected reports that Mr. Trump had struggled to find lawyers interested in working on the case.“Contrary to the recent reporting, President Trump has a number of very good options that he’s considering and will take his time to make an informed decision,” Mr. Kise said. “There are a number of excellent lawyers that are not only willing, but very interested in working with him on this case.”Mr. Kise said his own job was “to provide advice and counsel to my client.”The one unusual aspect of Mr. Trump’s case will be its pacing.Prosecutors working for the special counsel Jack Smith will most likely seek to drive the case forward quickly, all too aware that the prosecution is playing out as Mr. Trump pursues his presidential campaign. Mr. Trump’s lawyers will surely try to slow the case down, perhaps with an eye toward dragging it out until after the 2024 election. That has been Mr. Trump’s M.O. in nearly every legal case he has faced over the years, and this one is not likely to be an exception.Mr. Trump is expected to continue with a fairly steady stream of political events in the coming months, although the needs of the court calendar in the Florida case will in some ways dictate his actions. Unlike when Mr. Trump chose to opt out of personally appearing at the civil rape and defamation trial brought against him in New York by the writer E. Jean Carroll, he is unlikely to be permitted the same flexibility by the federal judge who hears his criminal case in Florida.At this point, it remains unclear whether Mr. Trump will attend the first Republican primary debate, which is scheduled for Aug. 23 in Milwaukee.But if he does show up, he will almost certainly be pressed about his indictments — not only by the moderators but also by the other candidates. Mr. Trump is also facing the prospect of charges concerning election interference from the district attorney in Fulton County, Ga., and from Mr. Smith concerning similar efforts to thwart the transfer of power after he lost the 2020 election. More

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      Every Trump Indictment Tells a Story

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      Let’s assume, because it seems like a reasonable assumption, that we have not reached the end of the indictments that will be handed down against Donald Trump. Let’s assume that either the case in Georgia, where he is being investigated for election tampering, or the special counsel’s continuing investigation in Washington, will yield a prosecution related to his conduct between the November 2020 election and the riot on Jan. 6.In that case, Trump’s various indictments would double as a road map to his presidency and his era — each fitting with a different interpretation of the Trump phenomenon, and only together giving the fullest picture of his times.The first indictment, New York’s case against Trump for campaign finance violations related to his alleged affair with the adult thespian Stormy Daniels, fits neatly into the narrative of the Trump era that’s often called “anti-anti-Trump.” This interpretation concedes, to some degree at least, Trump’s sleaziness and folly, but then it invariably insists that his enemies in the American establishment are actually more dangerous — because they’re “protecting democracy” by trampling its norms, embracing conspiracy theories and conducting pointless witch hunts.It’s hard to imagine a better illustration of the anti-anti-Trumpist case than an ideological prosecutor in a Democratic city indicting a former president on a charge considered dubious even by many liberal legal experts. “Norms,” indeed: The Stormy Daniels case looks like Resistance theater, partisan lawfare, exactly the kind of overreach that Trump’s defenders insist defines the entirety of anti-Trumpism.The new federal indictment, for which Trump was arraigned in Miami on Tuesday, moves us into different terrain. This time the case seems legitimate, and even if charges brought under the Espionage Act have a fairly checkered history, on its face the indictment makes a strong case that Trump asked for this, that he invited the prosecution, that he had plenty of opportunities to stay within the law and chose to obstruct, evade and dissemble instead.But at the same time one would need a heart of stone not to find the whole class‌ified-documents affair a little bit comedic: blackly comic, to be sure, in the vein of the Coen Brothers, but for all its serious aspects still essentially absurd. The boxes piled high in the gaudy Mar-a-Lago bathroom is an indelible image for anyone who interprets the Trump era as a vainglorious clown show, with its pileup of scandals driven by narcissism and incompetence, and its serious-minded interpreters worrying about the Authoritarian Menace or the Crisis of Democracy when the evidence before their eyes was usually much shallower and stupider, not the 1930s come again but a reality television mind-set run amok.In the end, though, the reality-television reading was insufficient, because Trump groped his way into genuinely sinister territory — seeking what would have been a constitutional crisis if his postelection wishes had been granted and inspiring mob violence when he didn’t get his way.That aspect of his presidency still awaits its juridical illumination. But we may well get it, and if there is a prosecution related to his postelection conduct, it will complete a presidential triptych — with the persecuted Trump, the farcical Trump and the sinister Trump each making an appearance in our courts.As a matter of electoral politics, Trump’s resilience as a primary candidate depends upon Republican voters interpreting the entire triptych in the light of its first installment — such that his enemies’ overreach is the only thing that his admirers and supporters see, and both his more absurd behaviors and his most destructive acts are assumed to be exaggerated or invented, just so much liberal hype and NeverTrump hysteria.This perspective is false, but it is well entrenched among Republicans and has the advantage of simplicity. Meanwhile, Trump’s rivals for the nomination are stuck playing “on the one hand, on the other hand” games — constantly insisting that Trump has been unfairly treated, because Republican voters believe as much and clearly want to hear it stated, while trying to gently nurture the idea that he brings some of this mistreatment on himself and a different Republican might be just as effective without the constant grist for enemies and prosecutors.In a general election environment, though, we have strong evidence from the recent midterms that many swing voters reverse the Republican interpretation of the triptych, and read the whole of Trumpism in light of its darkest manifestation. Both the liberal overreach they might have opposed and the Trumpian shenanigans they might have tolerated are subsumed by a desire to avoid a repeat of Jan. 6, a revulsion against G.O.P. candidates who seem intent on replaying Trump’s destabilizing behavior.It’s possible to imagine that the multiplication of indictments, the constant action in the courts, eventually helps Republican voters who don’t share this interpretation to recognize how many of their fellow Americans do hold it, making Trump seem too unelectable at last.But Trump has always thrived by persuading a critical mass of Republicans to live inside his reality, not anybody else’s. And inside that gaudy mansion, the walls have room for just one outsize, garish portrait: “The Martyrdom of Donald Trump.”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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      Arraigned, Again: Trump’s Federal Court Hearing in Miami

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      Michael Simon Johnson, Asthaa Chaturvedi, Diana Nguyen, Mary Wilson and Rachel Quester and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicDonald Trump was arraigned in Miami yesterday on 37 criminal counts covering seven different violations of federal law, including the handling of classified documents.Three New York Times journalists covered the proceedings: Glenn Thrush was inside the courtroom, Luke Broadwater reported from outside the courthouse, and Maggie Haberman was at Mr. Trump’s home in Bedminster, N.J.On today’s episodeLuke Broadwater, a congressional correspondent for The New York Times.Glenn Thrush, who covers the Department of Justice for The New York Times.Maggie Haberman, a political correspondent for The New York Times.Donald Trump boarding a plane in Miami after making his court appearance. “I did everything right and they indicted me,” he said in a speech after his arraignment.Doug Mills/The New York TimesBackground readingMr. Trump, now twice indicted since leaving the White House, surrendered to federal authorities in Miami and pleaded not guilty, striking a defiant tone afterward.On the calendar for Mr. Trump, the Republicans’ 2024 front-runner: rallies and primaries mixed with court dates.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Luke Broadwater More