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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

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      After Trump’s 2nd Indictment, His 2024 Presidential Campaign Trudges On

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      On the calendar for the Republicans’ 2024 front-runner: rallies and primaries mixed with court dates.Donald J. Trump went to bed Tuesday night, on the eve of his 77th birthday, as a now twice-indicted former president and current front-runner for the Republican nomination for the White House in 2024.“Some birthday,” Mr. Trump grumbled on Tuesday as he visited Versailles, a popular Cuban coffee shop in Miami. “Some birthday.”He had just been arraigned on federal charges. His co-defendant was working as his valet. And he didn’t eat Cuban — he had McDonald’s. On his plane headed back to New Jersey from Miami, Mr. Trump ate the fast food while holding court with advisers and finishing edits on the speech he would soon deliver and mostly adhere to.The surreal scene that awaited him at his private club in Bedminster, N.J., was a blend somewhere between a summer garden wedding and a political victory party. There was an air of an almost post-arraignment celebration as women arrived in their finery: fuchsia and canary yellow dresses, embroidered Trump wares and heels. Men sported suits and red MAGA hats.Then Mr. Trump arrived. Visibly deflated after pleading not guilty for the second time in three months, his dry and low-energy resuscitation of his legal defense — even inflected with the usual references to Marxists, Communists and fascists — pleased his advisers but drew a relatively muted response from a crowd that had minutes earlier craned their phones for a shot of his motorcade.He had entered to the same track — “God Bless the USA” by Lee Greenwood — that he has used as an entrance theme so many times before. On Tuesday, the chorus landed differently.Proud to be an American, where at least I know I’m free.“I did everything right,” Mr. Trump declared in his 30-minute speech, “and they indicted me.”When he finished, he barely lingered to take in the applause. He gave an obligatory fist pump and mouthed thanks to the crowd. Then he turned and went inside.All told, the day encapsulated the remarkable numbness to the extraordinary that has defined the Trump era. The former president entered federal court as a criminal defendant, and now faces hundreds of years in prison. The Republican front-runner’s early 2024 calendar now includes not only key caucuses and primaries but court dates. His rivals are at times contorting themselves while discussing his alleged crimes; one circulated a petition on Tuesday demanding they all promise to pardon him.During his speech, Mr. Trump pledged to appoint a “real special prosecutor” to go after President Biden and his family.Doug Mills/The New York TimesMr. Trump’s appearance in a Miami courtroom was a humiliating moment for a New York businessman with a 40-year history of engaging in gamesmanship with prosecutors and regulators, viewing most every interaction as a transaction or something he could bluster his way through. By 2017, he had the armor of the presidency protecting him when the first special counsel investigating him, Robert S. Mueller III, began his work. And by 2021, as investigations began into his efforts to thwart the transfer of power, he had come to see another campaign as a shield against prosecutions.But that grandeur — and legal insulation — had vanished on Tuesday. Instead, Mr. Trump’s team tried to create the sense of a man still in power. In Bedminster, he spoke with the white columns of the main house of his New Jersey golf club behind him. The indictment became another backdrop for the ongoing Trump Show.He was comforted by a motley assortment of his most fervent supporters. They included former President Richard Nixon’s son-in-law; a former New York Police Department commissioner whom Mr. Trump pardoned in the final year of his presidency; and a former administration official whom Mr. Trump named as a representative to the National Archives.It was the National Archives that began the winding road that ended with Mr. Trump facing charges alleging that he had defied a subpoena and kept highly classified documents. The agency, which is in charge of preserving presidential records, spent most of 2021 trying to compel Mr. Trump to return boxes of materials that he had taken with him when he left the White House. So did some of his lawyers and advisers. When he finally returned 15 boxes in January 2022, archives officials discovered nearly 200 individual classified documents, and alerted the Justice Department.On Tuesday night in Bedminster, what amounted to a red-carpet MAGA crowd mingled to a carefree playlist of Trump-favored throwbacks: “Macho Man” by the Village People, “Can’t Take My Eyes Off You” by Frankie Valli, “We Will Rock You” by Queen, “Dancing Queen” by ABBA. Dozens of women wore matching red-white-and-blue outfits and chanted “We love Trump!” in unison as Mr. Trump was airborne.The arraignment date happened to coincide with Mr. Trump’s first major fund-raiser, with those who had raised at least $100,000 invited to a “candlelight dinner” after his speech. The Trump campaign will be paying Mr. Trump’s private business in donor dollars for both events, a practice he has done for years.The crowd at the Bedminster event on Tuesday evening, which blended a summer garden wedding with a political victory party.Doug Mills/The New York TimesRobert Jeffress, an evangelical pastor in Dallas and an early supporter who said he would not “abandon” Mr. Trump, got a call from a staffer for the former president on Monday, asking him to attend. He said Mr. Trump’s supporters saw the charges as “political.”“I think they see this as Biden’s way of getting rid of his No. 1” opponent, he said, as music blared behind him.Senator Tommy Tuberville, Republican of Alabama, missed votes in Washington to be there to cheer for Mr. Trump.The gathering in Bedminster and Mr. Trump’s not-quite impromptu cafe stop in Miami were reminiscent of how he handled the gravest political threat he faced in his first 2016 campaign: the infamous “Access Hollywood” tape. Back then, he immersed himself in a crowd of his supporters outside Trump Tower. Now, he did so both at his own property and in a friendly corner of a city where he will soon face trial.“You see where the people are,” Mr. Trump said after he was serenaded with a brief rendition of “Happy Birthday” at the Cuban cafe, called Versailles, where he also stopped to pose for a picture with a mixed martial arts fighter.He seemed determined to project nonchalance as much as defiance. His co-defendant and valet, Walt Nauta, continued to assist him throughout the day, even as the judge cautioned against the two men discussing the case, after traveling to court as part of Mr. Trump’s motorcade staff. Ever image-conscious, Mr. Trump had entered the courthouse in Miami out of the sightlines of cameras, and he avoided a mug shot and handcuffs for the second time.The act of indicting him, Mr. Trump said, “will go down in infamy.” And he pledged to appoint a “real special prosecutor” once he’s president again to go after President Biden and his family.“The seal is broken by what they’ve done,” he added. More

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      Trump Visits Versailles in Miami After Arraignment to Greet Supporters

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      Former President Donald J. Trump visited Little Havana in Miami on Tuesday immediately after his arraignment, his latest attempt to cast himself as a man persecuted by his political enemies.It was a not-subtle attempt to seek the sympathies of Latinos, in Florida and beyond.Mr. Trump’s visit to Versailles Restaurant, a landmark that is emblematic of the Cuban diaspora, came as Republicans have increasingly likened his indictment to corruption and political oppression in Latin American countries.Outside the federal courthouse where the arraignment took place in Miami, Alina Habba, a lawyer and spokeswoman for Mr. Trump, suggested that he was no different than political dissidents from Latin America.“The targeting, prosecution, of a leading political opponent is the type of thing you see in dictatorships like Cuba and Venezuela,” she said. “It is commonplace there for rival candidates to be prosecuted, persecuted and put into jail.”The day before his arraignment, Mr. Trump said he believed Hispanics in South Florida were sympathetic to him because they are familiar with governments targeting rivals.“They really see it better than other people do,” he said in an interview with Americano Media, a conservative Spanish-language outlet in South Florida.Mr. Trump has enjoyed relatively strong support in some Latino communities, particularly those in South Florida. Eduardo A. Gamarra, a professor of politics and international relations at Florida International University who is also part of its Cuban Research Institute, said the narrative woven by Mr. Trump and his surrogates, while false, was a shrewd one.“It’s reinforced by local media, by much of what of the Trump campaign and other Republicans are saying: that this administration, the Biden administration, is behaving like the banana republics behave, so that’s resonated very intensely here,” he said. “It’s great politics, but it’s not true.”Mr. Gamarra, who was born in Bolivia, noted that Mr. Trump had also tried to win support from Latino voters by railing against socialism and communism. He lamented the way that Mr. Trump and his allies had repeatedly mentioned Latin America.“It’s a very unfortunate narrative,” he said. “I think it just sort of propagates the stereotypes about Latin America. It’s much more complex than simply the banana republic image.”Mr. Trump’s cameo at the restaurant was the latest for him and a long line of politicians that includes former Presidents Bill Clinton and George W. Bush. In 2016, the restaurant hosted Mr. Trump and Rudolph W. Giuliani together after Mr. Trump’s first debate against Hillary Clinton.Paloma Marcos, a native of Nicaragua who has been a U.S. citizen for 15 years, rushed to Versailles with a Trump hat and a sign that said, “I stand with Trump.”She said many Nicaraguans like her had an affinity for the former president, because he is against communism. She added that people like her, as well as Cuban and Venezuelans, saw how that form of government destroyed their home countries.“He knows we support him. The Latino community has had an awakening,” Ms. Marcos said. “The curtain has been pulled back.”The Rev. Yoelis Sánchez, a pastor at a local church and a native of the Dominican Republic, said she did not hesitate when asked to go to Versailles Restaurant to pray with Mr. Trump. Several religious people, including evangelicals and Catholics, prayed with him while her daughter sang.“We prayed for God to give him strength and for the truth to come out,” she said. “We are really concerned for his welfare.”Ms. Sánchez, who lives in Doral, Fla., which is part of Miami-Dade County and is where Mr. Trump owns a golf resort, was not yet a citizen in 2020. She would not say whether she plans to vote for him in 2024.“I don’t think he came here just because of the Latino vote,” she said. “He came because he wanted to meet with people who have biblical thinking — he’s pro-life and pro-family and Latinos identify with that.”Mr. Trump is facing criminal charges related to mishandling classified documents and then obstructing the government’s attempts to retrieve them. The federal indictment of a former president is unprecedented in the United States, but many Latin American presidents have been prosecuted after leaving office.Brazil’s current president, Luiz Inácio Lula da Silva, served more than a year in prison after he left office the first time. Argentina’s former president Cristina Fernández de Kirchner was sentenced to six years for corruption last year. In Peru, Alejandro Toledo was recently extradited to face a bribery charge. Its former leader, Alberto Fujimori, is serving 25 years in prison.Arnoldo Alemán of Nicaragua is one of the few former presidents who was arrested in a corruption case despite his own party being in power.“This is something you see a lot in Latin America, especially in Peru and now in El Salvador,” said Mario García, a regular at Versailles who was tickled to see Mr. Trump visit the restaurant. “But in those countries, they do it for a good reason: because the presidents get caught robbing money.” Mr. García said he believed the government was targeting Mr. Trump “because they don’t have any other way to get him.”Mr. García said he didn’t think Mr. Trump came to Versailles to court the Latino vote. “The votes here at Versailles are ones he already has,” he said. “He needs support. It’s nice to surround yourself with love when everyone is attacking you.”Maggie Haberman More

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      Fact Check: Trump’s Misleading Defenses in Classified Documents Case

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      The former president drew misleading comparisons to others, misconstrued the classification process and leveled inaccurate attacks at officials.Hours after pleading not guilty in a federal court in Miami to charges related to his handling of classified documents, former President Donald J. Trump defended his conduct on Tuesday with a string of familiar falsehoods.Appearing at his golf club in Bedminster, N.J., Mr. Trump drew misleading comparisons to other political figures, misconstrued the classification process and leveled inaccurate attacks at officials.Here’s a fact check of claims Mr. Trump made related to the inquiry.What Mr. Trump Said“Threatening me with 400 years in prison for possessing my own presidential papers, which just about every other president has done, is one of the most outrageous and vicious legal theories ever put forward in an American court of law.”False. The Presidential Records Act of 1978 governs the preservation and retention of official records of former presidents, and gives the National Archives and Records Administration complete ownership and control of presidential records. The law makes a distinction between official records and personal documents, and has applied to every president since Ronald Reagan.The agency has said that “it assumed physical and legal custody of the presidential records from the administrations of Barack Obama, George W. Bush, Bill Clinton, George H.W. Bush and Ronald Reagan, when those presidents left office.”Separately, after Mr. Trump repeatedly and misleadingly compared his handling of records to that of his immediate predecessor, the National Archives said in a statement that former President Barack Obama turned over his documents, classified and unclassified, as required by law. The agency has also said it is not aware of any missing boxes of presidential records from the Obama administration.What Mr. Trump Said“The decision to segregate personal materials from presidential records is made by the president during the president’s term and in the president’s sole discretion.”False. The Presidential Records Act defines what constitutes personal materials — such as diaries or political campaign documents — from official records. It does not give the president “sole discretion” in determining what is and is not a personal record. Under the law, a departing president is required to separate personal documents from official records before leaving office.F.B.I. agents searched Mr. Trump’s Mar-a-Lago estate in August, more than a year after the general counsel of the National Archives requested the recovery of the materials and after months of repeated inquiries from officials at the agency and at the Justice Department.What Mr. Trump Said“I was supposed to negotiate with NARA, which is exactly what I was doing until Mar-a-Lago was raided by gun-toting F.B.I. agents.”False. The Presidential Records Act does not establish a process of negotiation between the president and the archives. The court-approved search of Mr. Trump’s Florida residence unfolded after he repeatedly resisted the government’s requests that he return the material, even after being subpoenaed.What Mr. Trump Said“Biden sent 1,850 boxes to the University of Delaware, making the search very, very difficult for anybody. And he refuses to give them up and he refuses to let people even look at them, and then they say how he’s behaving so nicely.”This is misleading. Joseph R. Biden Jr. donated 1,850 boxes of documents to the University of Delaware in 2012 from his tenure as a senator representing the state from 1973 to 2009. Unlike presidential documents, which must be released to the archives once a president leaves office, documents from members of Congress are not covered by the Presidential Records Act. It is not uncommon for senators and representatives to give such items to colleges, research institutions or historical facilities.The University of Delaware agreed not to give the public access to Mr. Biden’s documents from his time as senator until two years after he retired from public life. But the F.B.I. did search the collection in February as part of a separate special counsel investigation into Mr. Biden’s handling of government documents and in cooperation with his legal team. The New York Times reported at the time that the material was still being analyzed but did not appear to contain any classified documents.What Mr. Trump Said“When caught, Hillary then deleted and acid-washed. Nobody does that because of the expense, but it’s pretty conclusive. Thirty-three thousand emails in defiance of a congressional subpoena already launched. The subpoena was there and she decided to delete, acid-wash and then smash and destroy her cellphones with a hammer. And then they say I participated in obstruction.”This is misleading. There are several key differences between Mr. Trump’s case and Hillary Clinton’s use of a private email server while she was secretary of state — which Mr. Trump also described inaccurately.Crucially, several official investigations have concluded that Mrs. Clinton did not systematically or deliberately mishandle classified material, and a 2018 inspector general report supported the F.B.I.’s decision not to charge Mrs. Clinton.In contrast, Mr. Trump is accused of mishandling classified documents and obstructing the government’s repeated efforts to recover them and making false statements to officials. The indictment unsealed last week featured photographs of documents stored in sometimes haphazard ways, including boxes stacked in a shower and others piled on the stage of a ballroom that guests frequented.According to the F.B.I.’s inquiry into the matter, Mrs. Clinton’s lawyers provided about 30,000 work-related emails to the State Department in 2014 and instructed an employee to remove all personal emails older than 60 days. In 2015, after The Times reported Mrs. Clinton’s use of a personal email account, a Republican-led House committee investigating the 2012 attacks on American outposts in Benghazi, Libya, sent a subpoena requesting all emails she had in that account related to Libya.That same month, an employee working for the company that managed Mrs. Clinton’s server realized he did not actually delete the personal emails as instructed in 2014. He then used a free software program called BleachBit — not actual acid or chemical compounds — to delete about 30,000 personal emails.The F.B.I. found thousands of additional work-related emails that Mrs. Clinton did not turn over to the State Department, but the director of the bureau at the time, James B. Comey, said it found “no evidence that any of the additional work-related emails were intentionally deleted in an effort to conceal them.”Mrs. Clinton would almost certainly disagree with Mr. Trump’s assertion that the F.B.I. and the Justice Department “protected” her, and has said that Mr. Comey’s actions as well as Russian interference cost her the 2016 election.What Mr. Trump Said“He totally exonerated Mike Pence. I’m happy about that. Mike did nothing wrong, but he happened to have classified documents in his house. But they exonerated him. And Biden is a different story.”This is misleading. Classified documents were found at former Vice President Mike Pence’s home in Indiana in January and President Biden’s former office at a Washington think tank in November and his Delaware residence in January. The Justice Department declined to pursue charges against Mr. Pence, and the investigation into Mr. Biden’s handling of materials is continuing.But those cases differ in several significant ways from Mr. Trump’s, particularly in the volume of documents found and in Mr. Pence’s and Mr. Biden’s response.About a dozen documents with classified markings were found at Mr. Pence’s home. The F.B.I. searched his home in February with his agreement and found one additional classified document. It is unclear how many classified documents were found in Mr. Biden’s possession, but his lawyers have said “a small number” were discovered at his former office and about a half-dozen at his Delaware home.In contrast, Mr. Trump stored “hundreds” of classified documents, according to the Justice Department’s indictment, which said some records included information about the country’s nuclear programs as well as “potential vulnerabilities of the United States and its allies to military attack.” In total, the government has retrieved more than 300 files with classified markings from his Florida home and private club.Representatives for Mr. Pence and Mr. Biden have said that they inadvertently kept those documents and quickly alerted the National Archives once they were discovered. Both men also cooperated with government officials in turning over the documents and appeared to have voluntarily complied with searches of their properties.In contrast, Mr. Trump repeatedly defied requests to return materials for months and, according to the indictment, played an active role in concealing classified documents from investigators. The archives alerted Mr. Trump in May 2021 that presidential documents were missing. Officials retrieved 15 boxes from Mar-a-Lago in January 2022 but suspected that other records remained missing. Seven months later, F.B.I. agents searched the Florida property and recovered additional documents.What Mr. Trump Said“Unlike me, who had absolute declassification authority as president, Joe Biden as vice president had no authority to declassify and no right to possess the documents. He had no right.”This is misleading. Vice presidents do have the power to declassify certain material, though the scope of their declassification powers has not been explicitly tested in courts.Mr. Trump has previously insisted that he had the power to declassify material without needing to inform anyone. There are formal procedures for declassifying information, but whether presidents must abide by them is an unsettled legal issue, according to the nonpartisan Congressional Research Service and the American Bar Association. A federal appeals court ruled in 2020 that “declassification, even by the president, must follow established procedures.” But the Supreme Court has yet to weigh in on the matter.It is worth noting, though, that Mr. Trump followed these procedures for certain documents, like issuing a memorandum on the day before leaving office declassifying information related to the F.B.I. investigation into his 2016 campaign’s ties to Russia.Separately, legal experts have noted that the classification of information related to nuclear weapons or “restricted data” is governed by a separate legal framework entirely, the Atomic Energy Act. That law does not explicitly give the president the authority to declassify nuclear secrets unilaterally and establishes a strict process for declassification that involves several agencies. It is unclear whether documents stored at Mar-a-Lago included “restricted data.”Chris Cameron More

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      in Elections

      Donald Trump’s Quest to Break America’s Democracy

      by

      What if Mitch McConnell, at the close of his scalding speech on the Senate floor blaming Donald Trump for the riot that occurred at the Capitol on Jan. 6, had promised to use his every last breath to ensure that Trump was convicted on impeachment charges and could never, ever become president again?What if Melania Trump, after the porn star Stormy Daniels said Trump had unprotected sex with her less than four months after Melania gave birth to their son, had thrown all of Trump’s clothes, golf clubs, MAGA hats and hair spray onto the White House lawn with this note, “Never come back, you despicable creep!”What if the influential evangelical leader Robert Jeffress, after Trump was caught on tape explaining that as a TV star he felt entitled to “grab” women in the most intimate places — or after Trump was found liable by a Manhattan jury of having done pretty much just that to E. Jean Carroll — declared that he would lead a campaign to ensure that anyone but Trump was elected in 2024 because Trump was a moral deviant whom Jeffress would not let babysit his two daughters, let alone the country?Where would statements and actions like those have left Kevin McCarthy, his knuckleheads in the House G.O.P. caucus, and other Republicans who now are defending Trump against the Justice Department indictment? Would they be so eager to proclaim Trump’s innocence? Would they be raging against Tuesday’s hearing in Miami? Would they be claiming, falsely, that President Biden was indicting Trump, when they know full well that the president doesn’t have the power to indict anyone?I doubt it. But I know that all of these questions are rhetorical. None of those people have the character to rise to these ethical challenges and take on Trump and what he has done to break our political system. Trump is like a drug dealer who thrives in a broken neighborhood, getting everyone hooked on his warped values. That is why he is doing everything he can to break our national neighborhood in two fundamental ways.For starters, Trump has consistently tried to denigrate people who have demonstrated character and courage, by labeling them losers and weaklings. This comes easy to Trump because he is a man utterly without character — devoid of any sense of ethics or loyalty to any value system or person other than himself. And for him, politics is a blood sport in which you bludgeon the other guys and gals — whether they are in your party or not — with smears and nicknames and lies until they get out of your way.Trump debuted this strategy early on with John McCain — a veteran, a man who never broke in five-plus years as a prisoner of war in North Vietnam, a man of real character. Do you remember what Trump said about McCain at a family leadership summit in Ames, Iowa, on July 18, 2015?When McCain ran for president, “I supported him,” Trump told the audience. “He lost. He let us down. But he lost. So I never liked him much after that, because I don’t like losers.” When the audience laughed, the moderator, the pollster Frank Luntz, interjected, “But he’s a war hero!”Trump — who wangled a dubious medical deferment to avoid the Vietnam War draft — then responded: “He’s not a war hero. He’s a war hero because he was captured. I like people that weren’t captured.” Later that day, Trump retweeted a web post headlined, “Donald Trump: John McCain Is ‘A Loser.’”So part of the way Trump tries to break our system is to redefine the qualities of a leader — at least in the G.O.P. A leader is not someone like Liz Cheney or Mitt Romney, people prepared to risk their careers to defend the truth, serve the country and uphold the Constitution. No, a leader is someone like him, someone who is ready to win at any cost — to the country, to the Constitution and to the example we set for our children and our allies.And when that is your definition of leadership, of winning, people of character like McCain, Cheney and Romney are in your way. You need to strip everyone around you of character, and make everything about securing power and money. That is why so many people who entered Trump’s orbit since 2015 have walked away muddied. And that’s why I knew that all the questions I asked earlier were rhetorical.The second way that Trump is trying to break our system was on display on Tuesday in Miami, where he followed his appearance as a federal criminal defendant with a political meet-and-greet at a Cuban restaurant. There, once again, Trump tried to discredit the rules of the game that would restrain him and his limitless appetite for power for power’s sake.How does he do that? First, he gets everyone around him — and, eventually, the vast majority of those in his party — to stop insisting that Trump abide by ethical norms. His family members and party colleagues have grown adept at running away from reporters’ microphones after every Trump outrage.But precisely because key political allies, church leaders and close family members will not call out Trump for his moral and legal transgressions — which would make his 2024 re-election bid unthinkable and hasten his departure from the political scene — we have to rely solely on the courts to defend the rules of the game.And when that happens, it puts tremendous stress on our judicial system and our democracy itself, because the decision to prosecute or not is always a judgment call. And when those judgment calls have to be rendered at times by judges or prosecutors appointed by Democrats — which is how our system works — it gives Trump and his flock the perfect opening to denounce the whole process as a “witch hunt.”And when such behavior happens over and over across a broad front — because Trump won’t stop at red lights anywhere and just keeps daring us to ignore his transgressions or indict him so he can cry bias — we end up eroding the two most important pillars of our democratic system: the belief in the independence of our judiciary that ensures no one is above the law, and the belief in our ability to transfer power peacefully and legitimately.Just consider one scene in Trump’s indictment. It’s after a federal grand jury subpoenaed him in May 2022, to produce all classified material in his possession. Notes written by his own lawyer, M. Evan Corcoran, quote Trump as saying: “I don’t want anybody looking through my boxes, I really don’t. … What happens if we just don’t respond at all or don’t play ball with them? Wouldn’t it be better if we just told them we don’t have anything here?”“Wouldn’t it be better if we just told them we don’t have anything here?”Better for whom? Only one man. And that’s why I repeat: Trump has not put us here by accident. He actually wants to break our system, because he and people like him only thrive in a broken system.So he keeps pushing and pushing our system to its breaking point — where rules are for suckers, norms are for fools, basic truths are malleable and men and women of high character are banished.This is exactly what would-be dictators try to do: Flood the zone with lies so the people trust only them and the truth is only what they say it is.It is impossible to exaggerate what a dangerous moment this is for our country.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