More stories

  • in

    Trump’s Campaign Fund-Raising in First Weeks of 2024 Race Is Relatively Weak

    After announcing presidential runs, Mitt Romney, Hillary Clinton and Jeb Bush all raised more per day in their out-of-the-gates fund-raising periods.Donald J. Trump’s knack for generating millions of dollars simply by emailing or texting supporters has helped him maintain a firm grip on the Republican Party since the 2016 presidential race.But in the first weeks of his third presidential campaign, he notched a less-than-stellar fund-raising haul, yet another signal that his hold on some conservatives may be loosening.Mr. Trump’s campaign said Tuesday that he had raised $9.5 million from Nov. 15, when he announced he was running again for the White House, through the end of 2022.That amounted to an average of $201,600 a day, a fraction of the sums that established front-runners from past elections — in both parties — have collected in their opening weeks, according to federal campaign finance reports.In 2015, when former Gov. Jeb Bush of Florida opened his campaign as the front-runner for the party’s 2016 presidential nomination, he averaged $762,000 a day in his first weeks as a candidate. That same year, when Hillary Clinton announced her presidential bid, she averaged $594,400 a day in her first campaign finance reporting period.Steve Cheung, a spokesman for the Trump campaign, said that Mr. Trump remained the party’s best fund-raiser, and he pointed to the $80 million collected last year by the former president’s Save America Joint Fundraising Committee. That total for the calendar year includes the $9.5 million that was raised for Mr. Trump’s campaign through the joint fund-raising committee.“The campaign built out a second-to-none operation both on the national level and in early states since announcing,” Mr. Cheung said. “The president will wage an aggressive and fully funded campaign to take our country back from Joe Biden and Democrats who seek to destroy our country.”Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.First Acts: From the symbolic to the substantive, here is a look at what nine new governors elected last year have done in their first weeks in office. A Heated Challenge: Ronna McDaniel won a fourth two-year term to lead the Republican National Committee, but the contentious race for the position exposed a party struggling to find its way amid deep discontent.Presidential Race: Interviews with more than a third of the R.N.C.’s members point to a desire for an alternative nominee to former President Donald J. Trump to emerge from a competitive primary.Rural-Urban Rivalries: The relationships between big cities and rural-dominated state legislatures have often been hostile. But a dispute in Nashville suggests the nation’s partisan divide is making things worse.The super PAC supporting Mr. Trump’s campaign, MAGA Inc., reported having $54.1 million on hand at the end of the year. The super PAC will hold its first fund-raiser of the year at the end of February at Mar-a-Lago, the former president’s South Florida resort, which Mr. Trump is also expected to attend, according to two people familiar with the planning.Mr. Trump’s poor fund-raising could be tied to the curious timing of his announcement. Starting a presidential campaign just after the 2022 midterms and just ahead of the holiday season might have limited his ability to keep the attention of online donors, who have for years fueled his political operation.Russ Schriefer, a strategist for Mitt Romney’s 2012 presidential campaign — which raised an average of $633,900 a day during its first reporting period of the 2012 race — noted that previous presidential front-runners had spent months, if not years, carefully considering the timing of their announcements and ensuring that their launches would be paired with strong initial fund-raising reports. Mr. Trump’s start, by contrast, appeared more ad hoc, he said.“The rules that applied to Mitt or Hillary or Jeb just don’t seem to apply to Trump,” Mr. Schriefer said.But inopportune timing would be a peculiar explanation for an experienced candidate seeking to return to the world’s most powerful political office. The quirks of the calendar may be only part of the explanation.Mr. Trump’s standing among Republicans dipped in public opinion polls in November and December, which coincided with the opening of his campaign. He was also roundly criticized after hosting a private dinner — a week after his campaign announcement — with Kanye West, who has been denounced for making antisemitic statements, and Nick Fuentes, an outspoken antisemite and prominent young white supremacist..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Mr. Trump had also failed to deliver the “red wave” that he and others had promised voters in the midterm elections. Voters rejected many of the handpicked candidates he had encouraged to promote false claims that he had won the 2020 presidential race.Mr. Trump’s political future may be complicated by several investigations into his conduct, involving events before he was a candidate in 2016 and his efforts to thwart the peaceful transfer of power after he lost in November 2020.“It looks like the Trump money machine has gone from a Ferrari engine to a lawn mower engine,” said Mike Murphy, one of the architects of Mr. Bush’s 2016 campaign bid. “He’s still got a knuckle of support, but in every metric of support, he’s slowly and steadily declining.”The former president’s fund-raising effort could rev back up if he returned to Facebook, which his political operation has long used to solicit donations. Mr. Trump’s account, which had 34 million followers, was suspended after the Capitol riot on Jan. 6, 2021, but Meta, the platform owner, said last week that it would reinstate the former president’s access.Mr. Trump raised money almost exclusively through the Save America Joint Fundraising Committee. While just $3.8 million of that cash was transferred to Mr. Trump’s presidential account, Mr. Cheung, the campaign spokesman, said all of the money would support the former president’s White House bid.Mr. Trump’s campaign and joint fund-raising committee had about $6.8 million on hand to start the year, according to the federal campaign finance reports.Adav Noti, the legal director of the Campaign Legal Center, a watchdog group, said Mr. Trump’s campaign had spearheaded a new use of joint fund-raising committees, which have previously been simply used as umbrella groups to disburse money immediately to campaigns.“The Trump campaign pioneered this use of J.F.C. as the primary spending committee for the campaigns,” Mr. Noti said.The Trump joint fund-raising committee has also transferred money to a separate committee known as Save America, which has been used to support Mr. Trump’s political activities. That committee had $18.3 million on hand at the end of the year.Mr. Trump’s campaign account paid seven companies and consultants for political help, including Jamestown Associates, his longtime ad-making firm. Compass Legal has been engaged as the campaign’s legal firm.The campaign’s payroll included 21 people, including Lynne Patton, a former Trump administration official, and Walt Nauta, the former White House Navy valet.Mr. Nauta, who also went to work for Mr. Trump after leaving the White House, is among the Trump aides of interest to the Justice Department in connection with the investigation into the storage of more than 300 classified documents, and hundreds of other presidential records, at Mar-a-Lago.The Trump campaign paid $30,000 to the firm owned by Boris Epshteyn, a legal adviser to Mr. Trump who has positioned himself as in-house counsel on some matters, and reported an additional $20,000 owed to Mr. Epshteyn’s company.And there were, as there have been with every filing since he became a candidate in 2015, payments to Mr. Trump’s clubs. That means Mr. Trump’s campaign effectively paid Mr. Trump’s clubs for meals, rent and other expenses.There was a $1,122 fee to his Trump International Golf Club in West Palm Beach, Fla., as well as $68,700 to Mar-a-Lago, his Palm Beach resort and residence, for catering and rent, both apparently for Mr. Trump’s Nov. 15 kickoff. There were also two separate meal reimbursement charges of $48.44 to the club.The Save America Joint Fundraising Committee appeared to have handled the spending related to Mr. Trump’s fund-raising, including roughly $260,000 on fees to WinRed, a company that processes online donations for Republicans, and more than $1 million to the email company Open Sesame.Beth Hansen, a Republican strategist and former manager of John Kasich’s campaigns for governor of Ohio as well as president, described Mr. Trump’s fund-raising totals in an interview as “anemic” for a former president.She said the sluggish pace appeared to reflect that Mr. Trump had become less appealing to voters.“The brand that he has was so attractive to people who were sick and tired of the status quo and sick and tired of being told they’re wrong,” Ms. Hansen said. “I just don’t think we’re there anymore as a country. And he can’t move away from it — his brand is too strong.”Neil Vigdor More

  • in

    Manhattan Prosecutors Begin Presenting Trump Case to Grand Jury

    The Manhattan district attorney’s decision represents a dramatic escalation of the inquiry, and potentially sets the case on a path toward criminal charges against the former president.The Manhattan district attorney’s office on Monday began presenting evidence to a grand jury about Donald J. Trump’s role in paying hush money to a porn star during his 2016 presidential campaign, laying the groundwork for potential criminal charges against the former president in the coming months, according to people with knowledge of the matter.The grand jury was recently impaneled, and the beginning of witness testimony represents a clear signal that the district attorney, Alvin L. Bragg, is nearing a decision about whether to charge Mr. Trump.On Monday, one of the witnesses was seen with his lawyer entering the building in Lower Manhattan where the grand jury is sitting. The witness, David Pecker, is the former publisher of The National Enquirer, the tabloid that helped broker the deal with the porn star, Stormy Daniels.As prosecutors prepare to reconstruct the events surrounding the payment for grand jurors, they have sought to interview several witnesses, including the tabloid’s former editor, Dylan Howard, and two employees at Mr. Trump’s company, the people said. Mr. Howard and the Trump Organization employees, Jeffrey McConney and Deborah Tarasoff, have not yet testified before the grand jury.The prosecutors have also begun contacting officials from Mr. Trump’s 2016 campaign, one of the people said. And in a sign that they want to corroborate these witness accounts, the prosecutors recently subpoenaed phone records and other documents that might shed light on the episode.A conviction is not a sure thing, in part because a case could hinge on showing that Mr. Trump and his company falsified records to hide the payout from voters days before the 2016 election, a low-level felony charge that would be based on a largely untested legal theory. The case would also rely on the testimony of Michael D. Cohen, Mr. Trump’s former fixer who made the payment and who himself pleaded guilty to federal charges related to the hush money in 2018.Still, the developments compound Mr. Trump’s legal woes as he mounts a third presidential campaign. A district attorney in Georgia could seek to indict him for his efforts to overturn his 2020 election loss in the state, and he faces a special counsel investigation into his removal of sensitive documents from the White House as well as his actions during the attack on the Capitol on Jan. 6, 2021.Mr. Bragg’s decision to impanel a grand jury focused on the hush money — supercharging the longest-running criminal investigation into Mr. Trump — represents a dramatic escalation in an inquiry that once appeared to have reached a dead end.Under Mr. Bragg’s predecessor, Cyrus R. Vance Jr., the district attorney’s office had begun presenting evidence to an earlier grand jury about a case focused on Mr. Trump’s business practices, including whether he fraudulently inflated the value of his assets to secure favorable loans and other benefits. Yet in the early weeks of his tenure last year, Mr. Bragg developed concerns about the strength of that case and decided to abandon the grand jury presentation, prompting the resignations of the two senior prosecutors leading the investigation.One of them, Mark F. Pomerantz, was highly critical of Mr. Bragg’s decision and has written a book that is scheduled to be published next week, “People vs. Donald Trump,” detailing his account of the inquiry. Mr. Bragg’s office recently wrote to Mr. Pomerantz’s publisher, Simon & Schuster, expressing concern that the book might disclose grand jury information or interfere with the investigation.District Attorney Alvin L. Bragg, center right, jump-started the inquiry last summer into Mr. Trump’s role in the hush money paid to the porn star Stormy Daniels.Karsten Moran for The New York TimesAlthough he balked at charging Mr. Trump over the asset valuations, this is a different case, and Mr. Bragg is now a bolder prosecutor. He has ramped up the hush money inquiry in the weeks since his prosecutors convicted Mr. Trump’s company in an unrelated tax case, a far cry from his unsteady early days in office, when Mr. Bragg was under fire from all quarters for unveiling a host of policies designed to put fewer people behind bars.For his part, Mr. Trump has denied all wrongdoing and chalked up the scrutiny to a partisan witch hunt against him. He has also denied having an affair with Ms. Daniels. If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.“This is just the latest act by the Manhattan D.A. in their never-ending, politically motivated witch hunt,” the Trump Organization said in a statement, adding that reviving the case under what it called a “dubious legal theory” was “simply reprehensible and vindictive.”A spokeswoman for Mr. Bragg’s office declined to comment. Mr. Pecker’s lawyer, Elkan Abramowitz, did not immediately respond to a request for comment. A lawyer for Mr. McConney and Ms. Tarasoff declined to comment.The panel hearing evidence is likely what’s known as a special grand jury. Like regular grand juries, it is made up of 23 Manhattan residents chosen at random. But its members are sworn in to serve for six months to hear complex cases, rather than for 30 days, as is the case with panels that review evidence and vote on whether to bring charges in more routine matters.The investigation, which has unfolded in fits and starts for more than four years, began with an examination of the hush money deal before expanding to include Mr. Trump’s property valuations. Last summer, Mr. Bragg’s prosecutors returned to the hush money anew, seeking to jump-start the inquiry after the departures of Mr. Pomerantz and Carey R. Dunne, the other senior prosecutor in the investigation.The district attorney’s office, working with the New York attorney general, Letitia James, is also continuing to scrutinize the way that the former president valued his assets, the people with knowledge of the matter said.Over the course of the investigation into Mr. Trump, the hush money payment was discussed within the district attorney’s office with such regularity that prosecutors came to refer to it as the “zombie theory” — an idea that just won’t die.The first visible sign of progress for Mr. Bragg came this month when Mr. Cohen appeared at the district attorney’s office to meet with prosecutors for the first time in more than a year. He is expected to return for at least one additional interview in February, one of the people said.The lawyer who represented Ms. Daniels in the hush money deal, Keith Davidson, is also expected to meet with prosecutors.Mr. Trump’s company was instrumental in the deal, court records from Mr. Cohen’s federal case show.Although Mr. McConney and Ms. Tarasoff were not central players, they helped arrange for Mr. Cohen to be reimbursed for the $130,000 he paid Ms. Daniels, whose real name is Stephanie Clifford.Allen H. Weisselberg, the company’s former chief financial officer, was also involved in reimbursing Mr. Cohen. And, according to Mr. Cohen, Mr. Weisselberg was involved in a discussion with Mr. Trump about whether to pay Ms. Daniels.Mr. Weisselberg is serving jail time after pleading guilty to a tax fraud scheme unrelated to the hush money deal, a case that also led to the conviction of the Trump Organization in December. Although he was the star witness for the district attorney’s office in that case, Mr. Weisselberg has never implicated Mr. Trump in any wrongdoing.Without his cooperation, prosecutors could struggle to link Mr. Trump directly to the misconduct.In 2018, when Mr. Cohen pleaded guilty to federal campaign finance charges stemming from his role in the hush money payments, he pointed the finger at Mr. Trump, saying the payout was done “in coordination with, and at the direction of” the president. Federal prosecutors agreed that Mr. Trump was behind the deal but never charged him or his company with a crime.The cooperation of Allen H. Weisselberg, the Trump Organization’s former chief financial officer, will be key to the prosecution’s case against Mr. Trump.Jefferson Siegel for The New York TimesThere is some circumstantial evidence suggesting that Mr. Trump was involved: He and Mr. Cohen spoke by phone twice the day before Mr. Cohen wired the payment to Ms. Daniels’s lawyer, according to records in the federal case.For prosecutors, the core of any possible case is the way in which Mr. Trump reimbursed Mr. Cohen for the $130,000 he paid Ms. Daniels and how the company recorded that payment. According to court papers in Mr. Cohen’s federal case, Mr. Trump’s company falsely identified the reimbursements as legal expenses.The district attorney’s office now appears to be focusing on whether erroneously classifying the payments to Mr. Cohen as a legal expense ran afoul of a New York law that prohibits the falsifying of business records.Violations of that law can be charged as a misdemeanor. To make it a felony, prosecutors would need to show that Mr. Trump falsified the records to help commit or conceal a second crime — in this case, violating a New York State election law, according to a person with knowledge of the matter. That second aspect has largely gone untested, and would therefore make for a risky legal case against any defendant, let alone the former president.Defense lawyers might also argue that Mr. Trump, who was a first-time presidential candidate, did not know that the payments violated election law. And they could take aim at Mr. Cohen, arguing that he is a convicted criminal who has an ax to grind against Mr. Trump.In its statement, the Trump Organization noted that “the narrow issue of whether payments to Michael Cohen were properly recorded in a personal accounting ledger back in 2017 was thoroughly examined” by the federal prosecutors who charged Mr. Cohen and concluded he had engaged in a “pattern of deception.”Mr. Pecker’s testimony, however, could bolster the prosecution’s contention that Mr. Trump was involved in planning the hush money payment. A longtime ally of Mr. Trump, the publisher agreed to look out for potentially damaging stories about Mr. Trump during the 2016 campaign. He agreed to this at a meeting in Mr. Trump’s office.In October 2016, Ms. Daniels’s agent and lawyer discussed the possibility of selling exclusive rights to her story to The National Enquirer, which would then never publish it, a practice known as “catch and kill.”But Mr. Pecker balked at the deal. He and the tabloid’s editor, Mr. Howard, agreed that Mr. Cohen would have to deal with Ms. Daniels’s team directly.When Mr. Cohen was slow to pay, Mr. Howard pressed him to get the deal done, lest Ms. Daniels reveal their discussions about suppressing her story. “We have to coordinate something,” Mr. Howard texted Mr. Cohen in late October 2016, “or it could look awfully bad for everyone.”Two days later, Mr. Cohen transferred the $130,000 to an account held by Ms. Daniels’s attorney.Michael Rothfeld More

  • in

    The Durham Fiasco Is a Warning of What’s to Come

    Thank goodness Speaker Kevin McCarthy has created a House subcommittee on the weaponization of the federal government!Last week, The New York Times reported on an outrageous example of such weaponization, the flagrant use of federal law enforcement powers to target an administration’s political enemies. I’m talking, of course, about the John Durham special counsel investigation, which was meant to root out the ostensibly corrupt origins of Robert Mueller’s Russia investigation, and quickly came to embody the sins that Donald Trump and his allies projected onto the F.B.I.Trump’s circle insisted, falsely, that the Mueller inquiry was a hit job that employed Russian disinformation — via the Steele dossier — to frame Trump, all part of a plot cooked up by the Hillary Clinton campaign. Durham seems to have bought into this Trumpist conspiracy theory, and to help prove it, he tried to employ what appears to be Russian disinformation to go after the Clinton camp. More specifically, he used dubious Russian intelligence memos, which analysts believed were seeded with falsehoods, to try to convince a court to give him access to the emails of a former aide to George Soros, which he believed would show Clinton-related wrongdoing.Astonishingly, The Times found that while Trump’s attorney general Bill Barr and Durham were in Europe looking for evidence to discredit the Russia investigation, Italian officials gave them a “potentially explosive tip” linking Trump to “certain suspected financial crimes.” Rather than assign a new prosecutor to look into those suspected crimes, Barr folded the matter into Durham’s inquiry, giving Durham criminal prosecution powers for the first time.Then the attorney general sat back while the media inferred that the criminal investigation must mean Durham had found evidence of malfeasance connected to Russiagate. Barr, usually shameless in his public spinning of the news, quietly let an investigation into Trump be used to cast aspersions on Trump’s perceived enemies. (The fate of that inquiry remains a mystery.)This squalid episode is a note-perfect example of how Republican scandal-mongering operates. The right ascribes to its adversaries, whether in the Democratic Party or the putative deep state, monstrous corruption and elaborate conspiracies. Then, in the name of fighting back, it mimics the tactics it has accused its foes of using.Look, for example, at the behavior that gave rise to Trump’s first impeachment. Trump falsely claimed that Joe Biden, as vice president, used the threat of withholding American loan guarantees to blackmail the Ukrainian government into doing his personal bidding. Hoping to get Ukraine’s president, Volodymyr Zelensky, to substantiate his lies, Trump tried to use the threat of withholding American aid to … blackmail the Ukrainian government into doing his personal bidding. The symmetry between accusations and counter-accusations, in turn, fosters a widespread cynicism about ever finding the truth.It’s important to keep this in mind because we’re about to see a lot more of it. Now that they control the House, Republicans have prioritized investigating their political opponents. McCarthy has stacked the Oversight Committee, central to the House’s investigative apparatus, with flame-throwing fantasists, including Marjorie Taylor Greene, Paul Gosar and Lauren Boebert. Further, as Politico reported in a “field guide” to the coming Republican inquiries, McCarthy has urged Republicans to treat every committee like the Oversight Committee, meaning all investigations, all the time.There are going to be investigations into Hunter Biden, and investigations into the origins of the pandemic. There will likely be scrutiny of the F.B.I.’s search of Mar-a-Lago and Biden’s handling of classified documents. And, as my colleague David Firestone on the editorial board put it over the weekend, “Republicans in the House are launching a new snipe hunt” for proof that the F.B.I. and other intelligence agencies were “weaponized” against conservatives.These all promise to be congressional equivalents of the Durham inquiry. Certainly, most if not all congressional investigations are politically motivated, but there is nevertheless a difference between inquiries predicated on something real, and those, like the many investigations in the Benghazi attack, meant to troll for dirt and reify Fox News phantasms. House Democrats examined Trump’s interference with the C.D.C. during the acute stage of the pandemic. House Republicans plan to look into what the Republican congressman Jim Banks termed the military’s “dangerous” Covid vaccine mandates. There might be an equivalence in the form of these two undertakings, but not in their empirical basis.It remains to be seen whether our political media is up for the task of making these distinctions. The coverage of Trump and Biden’s respective retention of classified documents offers little cause for optimism. Again and again, journalists and pundits have noted that, while the two cases are very different, there are seeming similarities, and those similarities are good for Trump. This is something of a self-fulfilling prophecy, since by speculating about political narratives, you help create them.“John Durham has already won,” said the headline of a Politico article from last year, noting his success in perpetuating the right’s fevered counter-history of Russiagate. Of course he didn’t win; he would go on to lose both cases arising from his investigation as well as the honorable reputation he had before he started it. What he did manage to do, however, was spread a lot of confusion and waste a lot of time. Now the Republican House picks up where he left off.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

  • in

    Donald Trump Isn’t the Only One to Blame for the Capitol Riot. I’d Know.

    I spent 12 months holed up in a windowless cubical den or locked in my home office investigating the Jan. 6 attack on the United States Capitol and working on a report that my fellow investigators and I thought would blow open the story. When it was released, the press described it as “monumental.” This paper called it “damning.” And it was — for former President Donald Trump, since he bears primary responsibility for the attempted insurrection. But the report could only tell part of the story.Other political, social, economic and technological forces beyond the former president had a hand, whether intentionally or not, in radicalizing thousands of people into thinking they needed to attack the seat of American democracy. Only by understanding how those people lost faith in our governing institutions can we as a country figure out how to protect our democracy from threats like the attack on the Capitol.As an investigative counsel for the Jan. 6 Committee’s “Red” Team, which investigated the people who planned and attended the riot, as well as the domestic extremist groups responsible for much of the violence, I tracked more than 900 individuals charged by the Department of Justice with everything from parading in the Capitol to seditious conspiracy. We interviewed roughly 30 of those defendants about their motives. What my team and I learned, and what we did not have the capacity to detail with specificity in the report, is how distrust of the political establishment led many of the rioters to believe that only revolution could save America.It wasn’t just that they wanted to contest a supposedly stolen election as Mr. Trump called them to do, they wanted to punish the judges, members of Congress, and law enforcement agencies — the so-called political elites — who had discredited Mr. Trump’s claims. One rioter wondered why he should trust anything the F.B.I., D.O.J., or any other federal entity said about the results. The federal government had worked against everyday Americans for years, the rioters told us, favoring entrenched elites with its policies. For many defendants — both those awash in conspiracy theories, as well as some of the more reasonable Trump supporters at the Capitol that day — a stolen election was simply the logical conclusion of years of federal malfeasance.With the legitimacy of democracy so degraded, revolution appeared logical. As Russell James Peterson, a rioter who pleaded guilty to “parading, demonstrating, or picketing” in the Capitol, said on Dec. 4, 2020, “the only way to restore balance and peace is through war. Too much trust has been lost in our great nation.” Guy Reffitt, who earned seven years in prison for leading the charge up the Capitol steps while carrying a firearm, made a similar case later that month: “The government has spent decades committing treason.” The following week, he drove 20 hours to “do what needs to be done” because there were “bad people,” “disgusting people,” in the Capitol. Oath Keepers convicted of seditious conspiracy and other crimes, like their leader Stewart Rhodes, had long believed that a corrupt group of left-wing elites were preparing to upend American freedoms and that only militias like themselves could save the Constitution. Their loss of faith in the federal government had led them to the delusion that their seditious behavior to keep Mr. Trump in power was patriotic.Strikingly, these comments came not only from domestic violent extremists; some came from people who appeared to be ordinary Americans. Dona Sue Bissey, a grandmother and hair salon owner from Indiana, said shortly after the attack that she was “very glad” to have been a part of the insurrection; Anthony Robert Williams, a painter from Michigan, called Jan. 6 the “proudest day of my life.”Since the 1960s, political scientists have surveyed Americans and measured the steady decline of public faith in the federal government. Again and again, they have described the predictable consequences of people believing that the deliberative system has lost its legitimacy; almost always, they will turn to alternative means to get what they want, even if it means destroying their government in the process. The attack on the Capitol was a perfect example. William Dunfee, an Ohio pastor facing felony and misdemeanor charges, told his congregation on Dec. 27, 2020, that settling “your differences at the ballot” did not work, so they should make the “government, the tyrants, the socialists, the Marxists, the progressives, the RINOs” in Washington “fear” them.Some have criticized our report because it focused on Mr. Trump and his Big Lie instead of diving more deeply into other causes, such as declining faith in government or racial resentment or economic inequality, which pushed people to believe patriotism required storming the Capitol. Far from ignoring those concepts, we have released many of our documents publicly and archived the rest so that historians, political scientists, sociologists and many others can scrutinize our findings in ways we could not, examining the causes and consequences of Jan. 6 with a longer time horizon than we had.Our report proposed several straightforward fixes to prevent another sitting president from contesting a fair election. But solving the core problem — lost faith in government — will take more time, and a battery of far more complex remedies.The most important step elected officials can take — aside from choosing not to undermine our institutions for their own political gain — is to advance a comprehensive set of election and campaign finance reforms to make politicians more responsive to their constituents than to the money and voices of the few. Congress could also create universal election rules that encourage all citizens to vote while reassuring a skeptical public that the elections are secure. But beyond that, our leaders need to build trust broadly by tackling economic inequality and reinvesting in communities devastated by globalization and technological changes. At the most basic level, politicians should refocus locally on building roads, lowering crime and revitalizing small business districts, instead of looking for votes by harping on divisive national topics.Such reforms would not be a silver bullet. A few of the defendants we interviewed complained of being misled by social media, which seems to have pushed them into conspiracy theory rabbit holes like QAnon. Many also had not-quite-veiled racial resentments that drove their lack of faith in government. But at the very least, these reforms might begin to convince citizens that their government works for them, not just the rich and powerful. Once we can restore that baseline trust, we can better avoid future attacks, both physical and intangible, on our democracy.Mr. Trump did not appear out of a vacuum to upend democracy. His presidency was the culmination of years of political degradation during which voters watched our political institutions rust to the point of breaking. Like any good liar, Mr. Trump succeeded by building his lies off a truth; people no longer trust the federal government because they see its corroded institutions as corrupted for the few against the many. Until we fix that problem, we will not free ourselves from the threat of future political violence and upheaval worse than Jan. 6.James Sasso served as senior investigative counsel for the Jan. 6 committee.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

  • in

    Bill Barr’s Image Rehab Is Kaput

    Former Attorney General William Barr has spent the last year in a desperate salvage operation for what’s left of his legal and ethical reputation. During his 22 months in office, he allowed his Justice Department to become a personal protection racket for his boss, Donald Trump, and left prosecutors, the F.B.I. and other law enforcement officials subject to the worst impulses of the president. But then, in his 2022 memoir, Mr. Barr did an about-face, bashing Mr. Trump for lacking a presidential temperament and singling out his “self-indulgence and lack of self-control.”In the book, he urged Republicans not to renominate Mr. Trump in 2024, accusing the former president of going “off the rails” with his stolen-election claims by preferring the counsel of “sycophants” and “whack jobs” to that of his real advisers. Clearly concerned that history was paying attention, he was even stronger in his videotaped testimony to the Jan. 6 committee, loosing a variety of barnyard epithets and bitter insults to describe Mr. Trump’s legal strategy. He said the president had become “detached from reality” and was doing a disservice to the nation.The hollow and self-serving nature of this turnabout was always apparent. Mr. Barr never made these concerns public at a time when his dissent would have made a difference. Instead, he left office in 2020 showering compliments on his boss, praising Mr. Trump’s “unprecedented achievements” and promising that Justice would continue to pursue claims of voter fraud that he must have known were baseless.But if Mr. Barr harbored any fantasy that he might yet be credited with a wisp of personal integrity for standing up for democracy, that hope was thoroughly demolished on Thursday when The Times published the details of what really happened when Mr. Barr launched a counter-investigation into the origins of Robert Mueller’s report on the 2016 Trump campaign’s ties to Russia. The reporting demonstrated a staggering abuse of the special counsel system and the attorney general’s office, all in a failed attempt by Mr. Barr to rewrite the sour truths of Mr. Trump’s history.It was bad enough when, in March 2019, Mr. Barr tried to mislead the public into thinking the forthcoming Mueller report exonerated Mr. Trump, when in fact the report later showed just how strong the links were between the campaign and the Russian government, which worked to help defeat Hillary Clinton. A few months later Mr. Barr assigned John Durham, a federal prosecutor in Connecticut, as a special counsel to investigate Mr. Mueller’s investigation, hoping to prove Mr. Trump’s wild public allegations that the federal intelligence officials had helped instigate the claims of Russian interference to damage him.Attorneys general are not supposed to interfere in a special counsel’s investigation. The whole point of the system is to isolate the prosecution of sensitive cases from the appearance of political meddling. But the new Times reporting shows that Mr. Barr did the opposite, regularly meeting with Mr. Durham to discuss his progress and advocating on his behalf with intelligence officials when they were unable to come up with the nonexistent proof Mr. Barr wanted to see. (Aides told Times reporters that Mr. Barr was certain from the beginning that U.S. spy agencies were behind the allegations of collusion.)When the Justice Department’s own inspector general prepared to issue a report saying that, while the F.B.I. made some ethical mistakes, the investigation was legitimate and not politically motivated, Mr. Durham lobbied him to drop the finding. When that effort was unsuccessful, Mr. Barr reverted to his usual pattern of trying to spin the report before it was issued, disagreeing with its finding before it was even out. Mr. Durham then followed up with a similar statement, shattering the clear department principle of staying silent about a current investigation.The two men even traveled to Britain and Italy together, pressuring government agencies there to disclose what they told U.S. spy agencies about the Trump-Russia connections. That infuriated officials of those governments, who said they had done nothing of the kind, and no evidence was ever found that they had. But on one of those trips, The Times reported, Italian officials gave the men a tip which, people familiar with the matter said, linked Mr. Trump to possible serious financial crimes. (It is not clear what those crimes were, and more reporting will be necessary to reveal the details.) Did Mr. Barr follow protocol and turn the tip over to regular prosecutors in his department for investigation? No. Instead, he gave it to his traveling companion, Mr. Durham, who opened a criminal investigation but never made it public and never filed charges, and when word began to trickle out that a suspected crime had been discovered, he falsely let the world think it had something to do with his original goal.The Durham investigation, of course, has never presented any evidence that the F.B.I. or intelligence agencies committed any misconduct in the course of the Russia investigation, bitterly disappointing Mr. Barr and especially his patron, Mr. Trump, who had assured his supporters for months that it would produce something big. Desperate for some kind of success, Mr. Durham indicted Michael Sussmann, a lawyer who had worked for Democrats in their dealings with the F.B.I., over the objections of two prosecutors on the special counsel team who said the case was far too thin and who later left the staff.Mr. Sussmann was acquitted last May of lying to the bureau, and the jury forewoman told reporters that bringing the case had been unwise. Mr. Barr later tried to justify the trial by saying it served another purpose in exposing the Clinton campaign’s starting the Russia narrative as a “dirty trick.” The trial did nothing of the kind, but it did expose Mr. Barr’s willingness to abuse the gratuitous prosecution of an individual to score political points against one of Mr. Trump’s most prominent enemies.One of the other casualties of this deceitful crusade was the deliberate damage it did to the reputations of the F.B.I., the intelligence agencies and officials in Mr. Barr’s own department. All of these agencies have had many problematic episodes in their pasts, but there is no evidence in this case that they willfully tried to smear Mr. Trump and his campaign with false allegations of collusion. They were trying to do their jobs, on which the nation’s security depends, but because they got in Mr. Trump’s way, Mr. Barr aided in degrading their image through a deep-state conspiracy theory before an entire generation of Trump supporters. Republicans in the House are launching a new snipe hunt for proof that these same government offices were “weaponized” against conservatives, an expedition that is likely to be no more effective than Mr. Durham’s and Mr. Barr’s.But weakening the country’s institutions and safeguards for political benefit is how Mr. Barr did business in the nearly two years he served as the nation’s top law enforcement official under Mr. Trump. He has a long history of making the Justice Department an instrument of his ideology and politics; when he was attorney general in 1992 during the Bush administration, the Times columnist William Safire accused him of leading a “Criminal Cover-up Division” in refusing to appoint an independent counsel to investigate whether the Bush administration had knowingly provided aid to Saddam Hussein that was used to finance the military before Iraq invaded Kuwait. Under Mr. Trump, Mr. Barr did the opposite, demanding that an unnecessary special counsel do the bidding of the White House and trying to steer the investigation to Mr. Trump’s advantage. His efforts came to naught, and so will his campaign to be remembered as a defender of the Constitution.David Firestone is a member of the editorial board. Mr. Firestone was a reporter and editor at The Times from 1993 to 2014, including serving as a congressional correspondent and New York City Hall bureau chief, and was executive editor for digital at NBC News until 2022.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

  • in

    Barr Pressed Durham to Find Flaws in the Trump-Russia Investigation

    The review by John Durham at one point veered into a criminal investigation related to Donald Trump himself, even as it failed to find wrongdoing in the origins of the Russia inquiry.WASHINGTON — It became a regular litany of grievances from President Donald J. Trump and his supporters: The investigation into his 2016 campaign’s ties to Russia was a witch hunt, they maintained, that had been opened without any solid basis, went on too long and found no proof of collusion.Egged on by Mr. Trump, Attorney General William P. Barr set out in 2019 to dig into their shared theory that the Russia investigation likely stemmed from a conspiracy by intelligence or law enforcement agencies. To lead the inquiry, Mr. Barr turned to a hard-nosed prosecutor named John H. Durham, and later granted him special counsel status to carry on after Mr. Trump left office.But after almost four years — far longer than the Russia investigation itself — Mr. Durham’s work is coming to an end without uncovering anything like the deep state plot alleged by Mr. Trump and suspected by Mr. Barr.Moreover, a monthslong review by The New York Times found that the main thrust of the Durham inquiry was marked by some of the very same flaws — including a strained justification for opening it and its role in fueling partisan conspiracy theories that would never be charged in court — that Trump allies claim characterized the Russia investigation.Interviews by The Times with more than a dozen current and former officials have revealed an array of previously unreported episodes that show how the Durham inquiry became roiled by internal dissent and ethical disputes as it went unsuccessfully down one path after another even as Mr. Trump and Mr. Barr promoted a misleading narrative of its progress.Mr. Barr and Mr. Durham never disclosed that their inquiry expanded in the fall of 2019, based on a tip from Italian officials, to include a criminal investigation into suspicious financial dealings related to Mr. Trump. The specifics of the tip and how they handled the investigation remain unclear, but Mr. Durham brought no charges over it.Mr. Durham used Russian intelligence memos — suspected by other U.S. officials of containing disinformation — to gain access to emails of an aide to George Soros, the financier and philanthropist who is a favorite target of the American right and Russian state media. Mr. Durham used grand jury powers to keep pursuing the emails even after a judge twice rejected his request for access to them. The emails yielded no evidence that Mr. Durham has cited in any case he pursued.There were deeper internal fractures on the Durham team than previously known. The publicly unexplained resignation in 2020 of his No. 2 and longtime aide, Nora R. Dannehy, was the culmination of a series of disputes between them over prosecutorial ethics. A year later, two more prosecutors strongly objected to plans to indict a lawyer with ties to Hillary Clinton’s 2016 campaign based on evidence they warned was too flimsy, and one left the team in protest of Mr. Durham’s decision to proceed anyway. (A jury swiftly acquitted the lawyer.)Now, as Mr. Durham works on a final report, the interviews by The Times provide new details of how he and Mr. Barr sought to recast the scrutiny of the 2016 Trump campaign’s myriad if murky links to Russia as unjustified and itself a crime.Mr. Barr, Mr. Durham and Ms. Dannehy declined to comment. The current and former officials who discussed the investigation all spoke on the condition of anonymity because of the legal, political and intelligence sensitivities surrounding the topic.A year into the Durham inquiry, Mr. Barr declared that the attempt “to get to the bottom of what happened” in 2016 “cannot be, and it will not be, a tit-for-tat exercise. We are not going to lower the standards just to achieve a result.”But Robert Luskin, a criminal defense lawyer and former Justice Department prosecutor who represented two witnesses Mr. Durham interviewed, said that he had a hard time squaring Mr. Durham’s prior reputation as an independent-minded straight shooter with his end-of-career conduct as Mr. Barr’s special counsel.“This stuff has my head spinning,” Mr. Luskin said. “When did these guys drink the Kool-Aid, and who served it to them?”Attorney General William P. Barr took office in 2019 with suspicions about the origins of the Russia investigation.Doug Mills/The New York TimesAn Odd CoupleA month after Mr. Barr was confirmed as attorney general in February 2019, the special counsel Robert S. Mueller III ended the Russia investigation and turned in his report without charging any Trump associates with engaging in a criminal conspiracy with Moscow over its covert operation to help Mr. Trump win the 2016 election.Mr. Trump would repeatedly portray the Mueller report as having found “no collusion with Russia.” The reality was more complex. In fact, the report detailed “numerous links between the Russian government and the Trump campaign,” and it established both how Moscow had worked to help Mr. Trump win and how his campaign had expected to benefit from the foreign interference.That spring, Mr. Barr assigned Mr. Durham to scour the origins of the Russia investigation for wrongdoing, telling Fox News that he wanted to know if “officials abused their power and put their thumb on the scale” in deciding to pursue the investigation. “A lot of the answers have been inadequate, and some of the explanations I’ve gotten don’t hang together,” he added.While attorneys general overseeing politically sensitive inquiries tend to keep their distance from the investigators, Mr. Durham visited Mr. Barr in his office for at times weekly updates and consultations about his day-to-day work. They also sometimes dined and sipped Scotch together, people familiar with their work said.In some ways, they were an odd match. Taciturn and media-averse, the goateed Mr. Durham had spent more than three decades as a prosecutor before Mr. Trump appointed him the U.S. attorney for Connecticut. Administrations of both parties had assigned him to investigate potential official wrongdoing, like allegations of corrupt ties between mafia informants and F.B.I. agents, and the C.I.A.’s torture of terrorism detainees and destruction of evidence.By contrast, the vocal and domineering Mr. Barr has never prosecuted a case and is known for using his law enforcement platform to opine on culture-war issues and politics. He had effectively auditioned to be Mr. Trump’s attorney general by asserting to a New York Times reporter that there was more basis to investigate Mrs. Clinton than Mr. Trump’s “so-called ‘collusion’” with Russia, and by writing a memo suggesting a way to shield Mr. Trump from scrutiny for obstruction of justice.But the two shared a worldview: They are both Catholic conservatives and Republicans, born two months apart in 1950. As a career federal prosecutor, Mr. Durham already revered the office of the attorney general, people who know him say. And as he was drawn into Mr. Barr’s personal orbit, Mr. Durham came to embrace that particular attorney general’s intense feelings about the Russia investigation.President Donald J. Trump openly suggested that Mr. Durham should charge his adversaries with crimes.Doug Mills/The New York Times‘The Thinnest of Suspicions’At the time Mr. Barr was confirmed, he told aides that he already suspected that intelligence abuses played a role in igniting the Russia investigation — and that unearthing any wrongdoing would be a priority.In May 2019, soon after giving Mr. Durham his assignment, Mr. Barr summoned the head of the National Security Agency, Paul M. Nakasone, to his office. In front of several aides, Mr. Barr demanded that the N.S.A. cooperate with the Durham inquiry.Referring to the C.I.A. and British spies, Mr. Barr also said he suspected that the N.S.A.’s “friends” had helped instigate the Russia investigation by targeting the Trump campaign, aides briefed on the meeting said. And repeating a sexual vulgarity, he warned that if the N.S.A. wronged him by not doing all it could to help Mr. Durham, Mr. Barr would do the same to the agency.Mr. Barr’s insistence about what he had surmised bewildered intelligence officials. But Mr. Durham spent his first months looking for any evidence that the origin of the Russia investigation involved an intelligence operation targeting the Trump campaign.Mr. Durham’s team spent long hours combing the C.I.A.’s files but found no way to support the allegation. Mr. Barr and Mr. Durham traveled abroad together to press British and Italian officials to reveal everything their agencies had gleaned about the Trump campaign and relayed to the United States, but both allied governments denied they had done any such thing. Top British intelligence officials expressed indignation to their U.S. counterparts about the accusation, three former U.S. officials said.Mr. Durham and Mr. Barr had not yet given up when a new problem arose: In early December, the Justice Department’s independent inspector general, Michael E. Horowitz, completed his own report on the origins of the Russia investigation.The inspector general revealed errors and omissions in wiretap applications targeting a former Trump campaign adviser and determined that an F.B.I. lawyer had doctored an email in a way that kept one of those problems from coming to light. (Mr. Durham’s team later negotiated a guilty plea by that lawyer.)But the broader findings contradicted Mr. Trump’s accusations and the rationale for Mr. Durham’s inquiry. Mr. Horowitz found no evidence that F.B.I. actions were politically motivated. And he concluded that the investigation’s basis — an Australian diplomat’s tip that a Trump campaign adviser had seemed to disclose advance knowledge that Russia would release hacked Democratic emails — had been sufficient to lawfully open it.Michael Horowitz, the Justice Department’s inspector general, found no evidence that the F.B.I.’s actions in opening the investigation into the Trump campaign’s ties to Russia were politically motivated.Anna Moneymaker/The New York TimesThe week before Mr. Horowitz released the report, he and aides came to Mr. Durham’s offices — nondescript suites on two floors of a building in northeast Washington — to go over it.Mr. Durham lobbied Mr. Horowitz to drop his finding that the diplomat’s tip had been sufficient for the F.B.I. to open its “full” counterintelligence investigation, arguing that it was enough at most for a “preliminary” inquiry, according to officials. But Mr. Horowitz did not change his mind.That weekend, Mr. Barr and Mr. Durham decided to weigh in publicly to shape the narrative on their terms.Minutes before the inspector general’s report went online, Mr. Barr issued a statement contradicting Mr. Horowitz’s major finding, declaring that the F.B.I. opened the investigation “on the thinnest of suspicions that, in my view, were insufficient.” He would later tell Fox News that the investigation began “without any basis,” as if the diplomat’s tip never happened.Mr. Trump also weighed in, telling reporters that the details of the inspector general’s report were “far worse than anything I would have even imagined,” adding: “I look forward to the Durham report, which is coming out in the not-too-distant future. It’s got its own information, which is this information plus, plus, plus.”And the Justice Department sent reporters a statement from Mr. Durham that clashed with both Justice Department principles about not discussing ongoing investigations and his personal reputation as particularly tight-lipped. He said he disagreed with Mr. Horowitz’s conclusions about the Russia investigation’s origins, citing his own access to more information and “evidence collected to date.”But as Mr. Durham’s inquiry proceeded, he never presented any evidence contradicting Mr. Horowitz’s factual findings about the basis on which F.B.I. officials opened the investigation.By summer 2020, it was clear that the hunt for evidence supporting Mr. Barr’s hunch about intelligence abuses had failed. But he waited until after the 2020 election to publicly concede that there had turned out to be no sign of “foreign government activity” and that the C.I.A. had “stayed in its lane” after all.Mr. Barr later wrote that his relationship with Mr. Trump eroded because his “failure to deliver scalps in time for the election.”Anna Moneymaker for The New York TimesAn Awkward TipOn one of Mr. Barr and Mr. Durham’s trips to Europe, according to people familiar with the matter, Italian officials — while denying any role in setting off the Russia investigation — unexpectedly offered a potentially explosive tip linking Mr. Trump to certain suspected financial crimes.Mr. Barr and Mr. Durham decided that the tip was too serious and credible to ignore. But rather than assign it to another prosecutor, Mr. Barr had Mr. Durham investigate the matter himself — giving him criminal prosecution powers for the first time — even though the possible wrongdoing by Mr. Trump did not fall squarely within Mr. Durham’s assignment to scrutinize the origins of the Russia inquiry, the people said.Mr. Durham never filed charges, and it remains unclear what level of an investigation it was, what steps he took, what he learned and whether anyone at the White House ever found out. The extraordinary fact that Mr. Durham opened a criminal investigation that included scrutinizing Mr. Trump has remained secret..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.But in October 2019, a garbled echo became public. The Times reported that Mr. Durham’s administrative review of the Russia inquiry had evolved to include a criminal investigation, while saying it was not clear what the suspected crime was. Citing their own sources, many other news outlets confirmed the development.The news reports, however, were all framed around the erroneous assumption that the criminal investigation must mean Mr. Durham had found evidence of potential crimes by officials involved in the Russia inquiry. Mr. Barr, who weighed in publicly about the Durham inquiry at regular intervals in ways that advanced a pro-Trump narrative, chose in this instance not to clarify what was really happening.By the spring and summer of 2020, with Mr. Trump’s re-election campaign in full swing, the Durham investigation’s “failure to deliver scalps in time for the election” began to erode Mr. Barr’s relationship with Mr. Trump, Mr. Barr wrote in his memoir.Mr. Trump was stoking a belief among his supporters that Mr. Durham might charge former President Barack Obama and former Vice President Joseph R. Biden Jr. That proved too much for Mr. Barr, who in May 2020 clarified that “our concern of potential criminality is focused on others.”Even so, in August, Mr. Trump lashed out in a Fox interview, asserting that Mr. Obama and Mr. Biden, along with top F.B.I. and intelligence officials, had been caught in “the single biggest political crime in the history of our country” and the only thing stopping charges would be if Mr. Barr and Mr. Durham wanted to be “politically correct.”Against that backdrop, Mr. Barr and Mr. Durham did not shut down their inquiry when the search for intelligence abuses hit a dead end. With the inspector general’s inquiry complete, they turned to a new rationale: a hunt for a basis to accuse the Clinton campaign of conspiring to defraud the government by manufacturing the suspicions that the Trump campaign had colluded with Russia, along with scrutinizing what the F.B.I. and intelligence officials knew about the Clinton campaign’s actions.Mr. Durham also developed an indirect method to impute political bias to law enforcement officials: comparing the Justice Department’s aggressive response to suspicions of links between Mr. Trump and Russia with its more cautious and skeptical reaction to various Clinton-related suspicions.He examined an investigation into the Clinton Foundation’s finances in which the F.B.I.’s repeated requests for a subpoena were denied. He also scrutinized how the F.B.I. gave Mrs. Clinton a “defensive briefing” about suspicions that a foreign government might be trying to influence her campaign through donations, but did not inform Mr. Trump about suspicions that Russia might be conspiring with people associated with his campaign.The Durham inquiry looked for evidence that Hillary Clinton’s 2016 presidential campaign had conspired to frame Donald J. Trump.Doug mills/The New York TimesDubious IntelligenceDuring the Russia investigation, the F.B.I. used claims from what turned out to be a dubious source, the Steele dossier — opposition research indirectly funded by the Clinton campaign — in its botched applications to wiretap a former Trump campaign aide.The Durham investigation did something with parallels to that incident.In Mr. Durham’s case, the dubious sources were memos, whose credibility the intelligence community doubted, written by Russian intelligence analysts and discussing purported conversations involving American victims of Russian hacking, according to people familiar with the matter.The memos were part of a trove provided to the C.I.A. by a Dutch spy agency, which had infiltrated the servers of its Russian counterpart. The memos were said to make demonstrably inconsistent, inaccurate or exaggerated claims, and some U.S. analysts believed Russia may have deliberately seeded them with disinformation.Mr. Durham wanted to use the memos, which included descriptions of Americans discussing a purported plan by Mrs. Clinton to attack Mr. Trump by linking him to Russia’s hacking and releasing in 2016 of Democratic emails, to pursue the theory that the Clinton campaign conspired to frame Mr. Trump. And in doing so, Mr. Durham sought to use the memos as justification to get access to the private communications of an American citizen.One purported hacking victim identified in the memos was Leonard Benardo, the executive vice president of the Open Society Foundations, a pro-democracy organization whose Hungarian-born founder, Mr. Soros, has been vilified by the far right.In 2017, The Washington Post reported that the Russian memos included a claim that Mr. Benardo and a Democratic member of Congress, Representative Debbie Wasserman Schultz of Florida, had discussed how Loretta E. Lynch, the Obama-era attorney general, had supposedly promised to keep the investigation into Mrs. Clinton’s emails from going too far.But Mr. Benardo and Ms. Wasserman Schultz said they had never even met, let alone communicated about Mrs. Clinton’s emails.Mr. Durham set out to prove that the memos described real conversations, according to people familiar with the matter. He sent a prosecutor on his team, Andrew DeFilippis, to ask Judge Beryl A. Howell, the chief judge of the Federal District Court in Washington, for an order allowing them to seize information about Mr. Benardo’s emails.But Judge Howell decided that the Russian memo was too weak a basis to intrude on Mr. Benardo’s privacy, they said. Mr. Durham then personally appeared before her and urged her to reconsider, but she again ruled against him.Rather than dropping the idea, Mr. Durham sidestepped Judge Howell’s ruling by invoking grand-jury power to demand documents and testimony directly from Mr. Soros’s foundation and Mr. Benardo about his emails, the people said. (It is unclear whether Mr. Durham served them with a subpoena or instead threatened to do so if they did not cooperate.)Rather than fighting in court, the foundation and Mr. Benardo quietly complied, according to people familiar with the matter. But for Mr. Durham, the result appears to have been another dead end.In a statement provided to The Times by Mr. Soros’s foundation, Mr. Benardo reiterated that he never met or corresponded with Ms. Wasserman Schultz, and said that “if such documentation exists, it’s of course made up.”Nora R. Dannehy in 2009. A longtime aide to Mr. Durham, Ms. Dannehy resigned from his team in 2020 after disputes with him over prosecutorial ethics.Mark Wilson/Getty ImagesInternal StrifeAs the focus of the Durham investigation shifted, cracks formed inside the team. Mr. Durham’s deputy, Ms. Dannehy, a longtime close colleague, increasingly argued with him in front of other prosecutors and F.B.I. agents about legal ethics.Ms. Dannehy had independent standing as a respected prosecutor. In 2008, Attorney General Michael B. Mukasey assigned her to investigate whether to charge senior Bush administration officials with crimes related to a scandal over the firing of U.S. attorneys; she decided in 2010 that no charges were warranted.Now, Ms. Dannehy complained to Mr. Durham about how Mr. Barr kept hinting darkly in public about the direction of their investigation. In April 2020, for example, he suggested to Fox News that officials could be prosecuted, saying that “the evidence shows that we are not dealing with just mistakes or sloppiness. There is something far more troubling here.”Ms. Dannehy urged Mr. Durham to ask the attorney general to adhere to Justice Department policy and not discuss the investigation publicly. But Mr. Durham proved unwilling to challenge him.The strains grew when Mr. Durham used grand jury powers to go after Mr. Benardo’s emails. Ms. Dannehy opposed that tactic and told colleagues that Mr. Durham had taken that step without telling her.By summer 2020, with Election Day approaching, Mr. Barr pressed Mr. Durham to draft a potential interim report centered on the Clinton campaign and F.B.I. gullibility or willful blindness.On Sept. 10, 2020, Ms. Dannehy discovered that other members of the team had written a draft report that Mr. Durham had not told her about, according to people briefed on their ensuing argument.Ms. Dannehy erupted, according to people familiar with the matter. She told Mr. Durham that no report should be issued before the investigation was complete and especially not just before an election — and denounced the draft for taking disputed information at face value. She sent colleagues a memo detailing those concerns and resigned.Cracks formed in Mr. Durham’s team as the scope of his investigation shifted. Manuel Balce Ceneta/Associated PressTwo people close to Mr. Barr said he had pressed for the draft to evaluate what a report on preliminary findings would look like and what evidence would need to be declassified. But they insisted that he intended any release to come during the summer or after the Nov. 3 election — not soon before Election Day.In any case, in late September 2020, about two weeks after Ms. Dannehy quit, someone leaked to a Fox Business personality that Mr. Durham would not issue any interim report, disappointing Trump supporters hoping for a pre-Election Day bombshell.Stymied by the decision not to issue an interim Durham report, John Ratcliffe, Mr. Trump’s national intelligence director, tried another way to inject some of the same information into the campaign.Over the objections of Gina Haspel, the C.I.A. director, Mr. Ratcliffe declassified nearly 1,000 pages of intelligence material before the election for Mr. Durham to use. Notably, in that fight, Mr. Barr sided with Ms. Haspel on one matter that is said to be particularly sensitive and that remained classified, according to two people familiar with the dispute.Mr. Ratcliffe also disclosed in a letter to a senator that “Russian intelligence analysis” claimed that on July 26, 2016, Mrs. Clinton had approved a campaign plan to stir up a scandal tying Mr. Trump to Russia.The letter acknowledged that officials did “not know the accuracy of this allegation or the extent to which the Russian intelligence analysis may reflect exaggeration or fabrication.” But it did not mention that there were many reasons that suspicions about the Trump campaign were arising in that period — like the diplomat’s tip, Mr. Trump’s flattery of President Vladimir V. Putin, his hiring of advisers with links to Russia, his financial ties to Russia and his call for Russia to hack Mrs. Clinton.The disclosure infuriated Dutch intelligence officials, who had provided the memos under strictest confidence.Mr. Durham accused Michael Sussmann of lying in a meeting with an F.B.I. official. He was acquitted.Samuel Corum for The New York Times‘Fanning the Flames’Late in the summer of 2021, Mr. Durham prepared to indict Michael Sussmann, a cybersecurity lawyer who had represented Democrats in their dealings with the F.B.I. about Russia’s hacking of their emails. Two prosecutors on Mr. Durham’s team — Anthony Scarpelli and Neeraj N. Patel — objected, according to people familiar with the matter.Five years earlier, Mr. Sussmann had relayed a tip to the bureau about odd internet data that a group of data scientists contended could reflect hidden communications between the Trump Organization and Alfa Bank of Russia. The F.B.I., which by then had already launched its Russia investigation, briefly looked at the allegation but dismissed it.Mr. Durham accused Mr. Sussmann of lying to an F.B.I. official by saying he was not conveying the tip for a client; the prosecutor maintained Mr. Sussmann was there in part for the Clinton campaign.Mr. Scarpelli and Mr. Patel argued to Mr. Durham that the evidence was too thin to charge Mr. Sussmann and that such a case would not normally be prosecuted, people familiar with the matter said. Given the intense scrutiny it would receive, they also warned that an acquittal would undermine public faith in their investigation and federal law enforcement.When Mr. Durham did not change course, Mr. Scarpelli quit in protest, people familiar with the matter said. Mr. Patel left soon after to take a different job. Both declined to comment.The charge against Mr. Sussmann was narrow, but the Durham team used it to make public large amounts of information insinuating what Mr. Durham never charged: that Clinton campaign associates conspired to gin up an F.B.I. investigation into Mr. Trump based on a knowingly false allegation.Trial testimony, however, showed that while Mrs. Clinton and her campaign manager hoped Mr. Sussmann would persuade reporters to write articles about Alfa Bank, they did not want him to take the information to the F.B.I. And prosecutors presented no evidence that he or campaign officials had believed the data scientists’ complex theory was false.After Mr. Sussmann’s acquittal, Mr. Barr, by then out of office for more than a year, suggested that using the courts to advance a politically charged narrative was a goal in itself. Mr. Durham “accomplished something far more important” than a conviction, Mr. Barr told Fox News, asserting that the case had “crystallized the central role played by the Hillary campaign in launching as a dirty trick the whole Russiagate collusion narrative and fanning the flames of it.”And he predicted that a subsequent trial, concerning a Russia analyst who was a researcher for the Steele dossier, would also “get the story out” and “further amplify these themes and the role the F.B.I. leadership played in this, which is increasingly looking fishy and inexplicable.”Mr. Durham’s prosecution of Igor Danchenko, a Russia analyst who was a researcher for the Steele dossier, ended in acquittal.Chip Somodevilla/Getty ImagesThat case involved Igor Danchenko, who had told the F.B.I. that the dossier exaggerated the credibility of gossip and speculation. Mr. Durham charged him with lying about two sources. He was acquitted, too.The two failed cases are likely to be Mr. Durham’s last courtroom acts as a prosecutor. Bringing demonstrably weak cases stood in contrast to how he once talked about his prosecutorial philosophy.James Farmer, a retired prosecutor who worked with Mr. Durham on several major investigations, recalled him as a neutral actor who said that if there were nothing to charge, they would not strain to prosecute. “That’s what I heard, time and again,” Mr. Farmer said.Delivering the closing arguments in the Danchenko trial, Mr. Durham defended his investigation to the jury, denying that his appointment by Mr. Barr had been tainted by politics.He asserted that Mr. Mueller had concluded “there’s no evidence of collusion here or conspiracy” — a formulation that echoed Mr. Trump’s distortion of the Russia investigation’s complex findings — and added: “Is it the wrong question to ask, well, then how did this get started? Respectfully, that’s not the case.”The judge interrupted him: “You should finish up, Mr. Durham.”William K. Rashbaum More

  • in

    Trump Support Is Eroding in an Republican National Committee He Remade

    Interviews with more than a third of the Republican National Committee’s members point to a desire for an alternative presidential nominee to emerge from a competitive primary.As Donald J. Trump prepares for his first public events since announcing his presidential campaign, dozens of members of the Republican Party’s governing body are expressing doubts about his ability to win back the White House and are calling for a competitive primary to produce a stronger nominee in 2024.The 168 members of the Republican National Committee are gathering in Southern California to select their own leader on Friday, and interviews this week with 59 of them — more than one-third of the committee’s membership — found few eager to crown Mr. Trump their nominee for a third time. While they praised his policies and accomplishments as president, many expressed deep concerns about his age (he’s 76), temperament and ability to win a general election, often in unusually blunt terms.“This isn’t 2016,” said Mac Brown, the chairman of the Republican Party of Kentucky. “People have moved on.”Jonathan Barnett, an R.N.C. member from Arkansas who claims to have been the first member of the committee to endorse Mr. Trump’s 2016 campaign, said the party would benefit from its nominee being forced to navigate a crowded primary field.“I’ve been a supporter of Donald Trump in the past,” Mr. Barnett said. “I just think that we need choices this time. We’ve got to look at all of our options.”The motivation to leave Mr. Trump behind is not ideological but political, the party leaders said: They worry he can’t win.“Everybody is very appreciative of Trump, and he did a lot of great things,” said Art Wittich, an R.N.C. member from Montana who said Mr. Trump was not best positioned to win the general election. “There’s this burning desire to win in 2024, and that’s what’s going to drive a lot of the action.”One year before the first presidential nominating contests are set to begin, Republicans eager for Trump alternatives are seeking candidates who could capture the populism animating his base without replicating the chaos that characterized his administration. First mentioned is almost always Gov. Ron DeSantis of Florida, though members cited other would-be rivals, including Nikki Haley and Mike Pence, both alumni of the Trump administration.Gov. Ron DeSantis of Florida is viewed as Mr. Trump’s chief rival for the Republican nomination, a year before any voting will be held.Scott McIntyre for The New York TimesThe departure of many R.N.C. members from the former president, after moving in lock step with him for more than six years, is even more extraordinary given how many of them owe their own positions to him and his supporters.The R.N.C. has been transformed during the Trump era: Of the 168 members, 99 joined the committee since Mr. Trump seized the party’s presidential nomination in 2016. Dozens of the establishment-minded members with ties to the Bush and McCain political dynasties were cast aside by their state parties and replaced by Trump loyalists. That left the former president with what was seen as rock-solid standing during his time in and out of office.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.G.O.P. Power Struggle: In rural Pennsylvania, a fight between three warring factions is a microcosm of the national struggle for control over the Republican Party.Voting Laws: The tug of war over voting rights is playing out with fresh urgency at the state level, as Republicans and Democrats seek to pass new laws before the next presidential election.A Key Senate Contest: Representative Ruben Gallego, a progressive Democrat, said that he would run for the Senate in 2024 in a potential face-off with Senator Kyrsten Sinema.Democratic Trifectas: After winning full power in four state governments in the midterms, Democrats have a level of control in statehouses not seen since 2009.“Did I vote for Trump in 2016? You bet. Did I vote for him in 2020? You bet,” said Hank McCann, who joined the R.N.C. from Delaware in 2020. “Now, I don’t know. I think we’ve got probably 10 candidates that can win.”The New York Times called, emailed or texted all 168 R.N.C. members. Just four offered an unabashed endorsement of Mr. Trump’s 2024 campaign. Twenty said the former president should not be the party’s nominee. An additional 35 said they would like to see a big primary field or declined to state their position on Mr. Trump. The remainder did not respond to messages.In interviews, some R.N.C. members estimated that between 120 and 140 of them preferred someone besides Mr. Trump to be their party’s presidential nominee.The defections of so many are particularly striking given the R.N.C.’s leading role in defending Mr. Trump’s involvement in the Jan. 6 attack on the Capitol — last February the party declared the events that led to the attack “legitimate political discourse.” Now, committee members complained about the decision to fund Mr. Trump’s personal legal defense bills, including attorneys’ fees for criminal investigations into his businesses in New York, for months until he announced his candidacy in November.Mr. Trump was the first candidate to announce a 2024 campaign, in November at his Mar-a-Lago resort in Florida.Jonathan Ernst/ReutersMr. Trump’s polarized political standing and effort to return to the White House have plunged the party into a deeply unpredictable landscape, a situation unlike any since 1912, when Theodore Roosevelt’s attempt to recapture the presidency split the Republican Party four years after he left office.Mr. Trump enters the race as the party’s front-runner and owns by far the most robust fund-raising apparatus. Yet many R.N.C. members said he had nonetheless taken on the image of a loser after his 2020 defeat to President Biden, who is expected to announce his own re-election bid in the coming months. Mr. Trump’s subsequent refusal to accept the results and his endorsements of G.O.P. candidates in 2022 who stressed their devotion to him — and then lost seats in key battleground states including Arizona, Georgia, Michigan, Pennsylvania and Wisconsin — have some saying they are ready for a divorce.“To win 50 percent plus one in the Electoral College requires us to find an alternative and I think we’ve got plenty of good choices,” said John Hammond, an R.N.C. member from Indiana. “We can’t be a cult of personality any longer.”Speaking to one another, members of the committee can be even more blunt. The R.N.C.’s rules dictate that it is neutral in primaries, but members are free to back whomever they like.“I supported Donald Trump in 2016 and 2020, but it is clearly time for the Republican Party to move on from Donald Trump,” Oscar Brock, an R.N.C. member from Tennessee, wrote last week in a mass email to other members that was first reported by The Washington Post. “I know many of you feel the same way I do.”Mr. Trump still maintains a loyal following. Already, he has picked up endorsements in South Carolina from Gov. Henry McMaster and Senator Lindsey Graham and will be delivering a keynote address Saturday to the New Hampshire Republican Party, whose chairman, Stephen Stepanek, remains a key supporter. The most recent polling shows Mr. Trump leading Mr. DeSantis in the primary, a shift from late last year when Mr. DeSantis had a small lead.Those seeking a new nominee say they object to Mr. Trump’s temperament and his focus on the 2020 election. By and large, they remain supportive of the stances on foreign policy, immigration, trade and cultural issues that powered his campaign and transformed the party’s ideology.Mr. Trump lost support last year as his actions leading up to the Jan. 6 attack on the Capitol were broadcast to millions by a House committee.Haiyun Jiang/The New York TimesMr. Trump has been counted out so many times it has become a political cliché. Republican lawmakers, officials and strategists predicted his political demise after he made racist remarks about a federal judge’s ancestry, after the release of video in which he crudely boasted about grabbing women, when he authorized a program to separate migrant children from their families and following the Jan. 6 attack on the Capitol.“President Trump is the leader of the Republican Party and anyone who questions that is simply living in a false reality,” said Steven Cheung, Mr. Trump’s campaign spokesman. “President Trump leads in the polls by wide margins and there is no other person who can generate the type of excitement and enthusiasm as he can.”The openness with which some R.N.C. members are now willing to speak out against Mr. Trump is new. Officials who once rolled their eyes and privately criticized Mr. Trump no longer fear repercussions from doing so publicly.There are other signs that Mr. Trump may face cracks in the foundation of his political coalition. His support has been wavering among evangelical voters, whose backing provided a crucial push in his 2016 victory. The divides with evangelicals over abortion and other issues burst into the open this month when Mr. Trump accused them of “disloyalty.” And Mr. Trump lost some support last year as his actions leading up to the Jan. 6 attack on the Capitol were broadcast to millions by a House committee.Surveys show, and strategists note, that Mr. Trump commands the loyalty of roughly one-third to 40 percent of Republican primary voters. Even as some former supporters say he should not be the nominee, Mr. Trump’s loyalists cannot fathom the idea of someone else taking the reins from him as the party’s leader.“He needs to come back and finish what he started,” said Fanchon Blythe, an R.N.C. member from Nebraska who helped lead a Trumpian takeover of the Nebraska G.O.P. last summer. “DeSantis, stay in your own lane. Stay in Florida. Come back in 2028 if you want to run for president.”Mr. Trump is “an icon,” Shelly Gibson, an R.N.C. member from Guam, said in an interview during a layover in her 30-hour trip to California. “He sets a tone of pride. He has touched the hearts of citizens who felt forgotten and found a place they fit.”Surveys and strategists say Mr. Trump still commands the loyalty of roughly one-third to 40 percent of Republican primary voters.Maddie McGarvey for The New York TimesMr. Trump’s support, along with an implicit threat that his backers would abandon any other nominee, could be enough to fend off a crowded field, a strategy that lifted him to the nomination in 2016.Party officials and front-runner candidates often worry about a crowded primary field, fearing such contests could weaken the eventual nominee by forcing the candidate to court their party’s fringe with positions that hurt them in the general election. But for candidates untested in the combative sport of presidential politics, primaries can serve as a crucial testing ground. The strongest candidates typically improve over the course of a primary and enter the general election ready to compete.Even R.N.C. members who have been among the biggest Trump cheerleaders are reluctant to get behind his latest presidential campaign.Ed Broyhill, a North Carolina R.N.C. member who was the state’s finance chairman for Mr. Trump’s 2020 campaign, said he had met with both Mr. DeSantis and Mr. Pence, and plans to contribute to them should they run. Cindy Costa, who served as a Trump elector from South Carolina in 2020, said she was going into the primary with an open mind prepared to back the winner.Carson Jorgensen, the Utah G.O.P. chairman, said, “I was a big supporter of the president in 2016 and in 2020.” But now, Mr. Jorgensen said, he’s staying out of the primary. “I just want to keep my thumb off of it and let the people decide.”Jonathan Weisman More