More stories

  • 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

  • in

    Atlanta D.A. Wants Grand Jury Findings Kept Private in Trump Inquiry

    The prosecutor asked that a report on efforts to overturn former President Donald J. Trump’s election loss not be released, saying that she was “mindful of protecting future defendants’ rights.”Fani T. Willis, the local prosecutor overseeing the investigation into efforts by former President Donald J. Trump and his allies to overturn his 2020 election loss in Georgia, asked a judge in Atlanta on Tuesday not to make public the findings of a special grand jury that heard months of testimony in the case, saying that she was “mindful of protecting future defendants’ rights.”In a two-hour hearing before Judge Robert C.I. McBurney of Fulton County Superior Court, Ms. Willis argued that disclosing the jury’s recently completed investigative report could complicate potential efforts to seek indictments.“We want to make sure that everyone is treated fairly,” Ms. Willis said, “and we think for future defendants to be treated fairly it is not appropriate at this time to have this report released.”Judge McBurney said he would rule on the matter at a later date. The Trump team did not send a lawyer to the hearing, but a lawyer representing a coalition of news organizations asked Judge McBurney to make the report public.Nearly 20 people known to have been named targets of the criminal investigation, as well as others, could face charges, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and David Shafer, the head of the Georgia Republican Party.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

  • in

    Republicans’ National Power Struggle Goes Local in Rural Pennsylvania

    In one deep-red pocket of rural Pennsylvania, three warring factions each claim to represent the Republican Party. Tensions boiled over in a scuffle over a booth at a farm show.BUTLER, Pa. — Zach Scherer, a 20-year-old car salesman and Republican activist in Pennsylvania’s Butler County, decided to run for a seat on the county commission this year — a move that ordinarily would mean seeking the endorsement of local Republican Party leaders.In Butler County, this raised an unusual question: Which Republican Party?Last spring, the officially recognized Butler County Republican Committee was divided by a right-wing grass-roots insurgency, then divided again by a power struggle among the insurgents. There have been a lawsuit, an intervention by the state Republican Party and a dispute over a booth at the local farm show.Butler, a rural county in western Pennsylvania where Donald J. Trump won nearly twice as many votes as Joseph R. Biden Jr. in 2020, now has three organizations claiming to be the true tribune of local Republicans. All of them consider the others illegitimate.“There is, in effect, no committee,” said Al Lindsay, a four-decade veteran of the local party, who was ousted as committee chairman last year.The partisans in Pennsylvania agree about one thing, if not much else: Their fight is a microcosm of the national struggle for control over the Republican Party, one that began with Mr. Trump but has been inflamed by the party’s weak showing in the midterm elections.Al Lindsay was ousted as Butler County Republican committee chairman last year.Justin Merriman for The New York TimesThat struggle has played out in national arenas like Kevin McCarthy’s days-long fight to win the speakership of the U.S. House of Representatives, and in a contentious race for the chair of the Republican National Committee ahead of this week’s meeting.But it is being fought just as intensely at state and county levels, as Trump loyalists and right-wing activists who took control of party organizations in recent years face resistance from rivals who blame them for the party’s losses in November.Such conflicts often occur below the radar of even local news outlets. But they are likely to shape state parties’ abilities to raise money, recruit candidates, settle on a 2024 presidential nominee and generally chart a path out of the party’s post-Trump presidency malaise.“We believe that the way we’re going to change our national scene is by changing our local committees,” said Bill Halle, the leader of one of the two insurgent factions within the Butler party.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.2023 Races: Governors’ contests in Kentucky, Louisiana and Mississippi and mayoral elections in Chicago and Philadelphia are among the races to watch this year.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.2024 Presidential Race: As the 2024 primary approaches, the wavering support of evangelical leaders for Donald J. Trump could have far-reaching implications for Republicans.Democrats’ New Power: After winning trifectas in four state governments in the midterms, Democrats have a level of control in statehouses not seen since 2009.Tensions Flare After Midterm LossesThe current rifts date most directly to Mr. Trump’s loss in 2020, when his relentless claims of a stolen election divided Republican leaders between those who took up Mr. Trump’s cause and those who wanted to move on. In several closely contested states, state party leaders loudly supported his election claims, and backed the Republican candidates who earned Mr. Trump’s endorsements by doing the same. But many of those candidates were extreme or erratic politicians who would go on to lose in November, and their nominations have caused enduring divisions. .A sign for the Butler PA Patriots, one of the three factions fighting for power in the county. Justin Merriman for The New York TimesIn Michigan, major G.O.P. donors pulled back after the state party co-chair, Meshawn Maddock, took the unusual step of openly supporting election deniers favored by Mr. Trump ahead of the party’s nominating convention. Those candidates all lost in a statewide G.O.P. rout in November. In Georgia, Brian Kemp, the Republican governor seeking re-election, went so far as to build his own political organization separate from the state Republican Party, whose chairman, David Shafer, backed Trump-endorsed Republican primary candidates. Mr. Shafer is among the targets of a special grand jury investigating whether Mr. Trump and his allies interfered in the 2020 election. “I think it’s unforgivable,” Jay Morgan, the Georgia party’s executive director in the 1980s, said of Mr. Shafer’s handling of the party. Mr. Morgan, who is now a lobbyist in Atlanta, said he has not recommended that any of his corporate clients donate to the state party. “It breaks my heart,” he said.Mr. Shafer did not respond to a request for comment.In Nevada, multiple former officials in the state party have called on its current chair, Michael McDonald, to resign after the party backed several losing election-denying candidates.“The Republican Party could be great here; it really could,” said Amy Tarkanian, the former chairwoman of the Nevada G.O.P., who was expelled from her county Republican committee after endorsing the Democratic attorney general candidate last summer. “But they made themselves irrelevant with their toxicity.”.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.Republican officials with state parties in Michigan, Georgia and Nevada did not respond to requests for comment.Precinct Strategy Gets PushbackIn the days after the 2020 election, influential Trump allies like Stephen K. Bannon, who hosts the popular “War Room” podcast, promoted the “precinct strategy”: a Tea Party-era blueprint for taking over local party committees by running activists for the low-level posts that often go unfilled.County committees typically have a say in state party affairs, endorse and campaign for local candidates and sometimes appoint election workers. The precinct strategy aimed to use the committees to wrest control from longtime party leaders whom right-wing activists considered to be weak or dismissive of their ambitions.“What the establishment has said for years is, ‘I may not be what you want, but I’m not a Democrat, so you have to support me.’ That ends up being an excuse for ignoring the base,” said Sam Faddis, the leader of a statewide coalition of self-described “patriot” groups in Pennsylvania. A former C.I.A. operations officer, Mr. Faddis has appeared often on Mr. Bannon’s podcast.In Butler County, a largely blue-collar region of farmland and aging steel mills north of Pittsburgh, the cause was taken up by Mr. Scherer, who voted for the first time as a high school senior in 2020. Incensed by what he believed to have been a stolen election, he formed a group called the Butler PA Patriots, which soon found its place in Mr. Faddis’s statewide coalition.Downtown Butler. The county is heavily Republican, and voted for Donald J. Trump by a two-to-one margin over President Biden.Kristian Thacker for The New York TimesAfter watching videos of Mr. Bannon advocating the precinct strategy, he began recruiting local candidates. “I told them what we wanted to do,” he said, “which was take over the Republican Party.”His group scouted potential candidates by identifying “super voters” — registered Republicans who had voted in two consecutive elections — and canvassing personal networks on Facebook and Telegram. Corey Check, a 20-year-old member of the Patriot group who ran for committeeman in his township, said he recruited one candidate for committeewoman after noticing a cardboard cutout of Mr. Trump in front of her house and knocking on the door. Mr. Scherer’s Patriot group made common cause with Mr. Halle, a born-again evangelical pastor, who had recently clashed with Mr. Lindsay and other local committee leaders.Both Mr. Halle and Mr. Lindsay agree that their disputes were less over ideology than what the party apparatus was best used for. Mr. Halle saw it as a vehicle for remaking a state party whose compromises on Covid quarantines, mail-in voting and responses to 2020 election fraud claims he considered unacceptable. Mr. Lindsay — who describes himself as strongly anti-abortion and favored investigating the 2020 election outcome in Butler County — saw it chiefly as a vehicle for electing Republicans.“Our opponents were Democrats — or that’s what we thought,” Mr. Lindsay said. “These people were not interested in that. They were interested in attacking Republicans.”Led by Mr. Lindsay, the county committee sued to block Mr. Halle, Mr. Scherer and others from incorporating their own organization under a similar name. In the spring primary, the insurgents won a majority of the committee seats in the county, but months of convoluted procedural fighting and legal wrangling followed.Matters came to a head in August, when members of the old and new guards tussled over the committee’s booth at the Butler Farm Show, prompting the event’s head of security to intervene — an episode that, mortifyingly for the Republican activists, took place in view of the county Democrats’ own booth.“We believe that the way we’re going to change our national scene is by changing our local committees,” said Bill Halle, the leader of one of the two insurgent factions within the Butler party.Justin Merriman for The New York TimesLater that month, the state party stepped in and recognized Gary Vanasdale, a local lawyer backed by Mr. Halle’s group, as the rightful county chair. But the insurgency splintered quickly after its victory. Mr. Halle has continued to operate the corporation as a kind of shadow party, accusing Mr. Vanasdale of “fraudulently using our name” and demanding that he turn over the party’s assets.Meanwhile, the United Republicans of Butler County, a third group consisting of longtime party members, including Mr. Lindsay, has emerged, too, and earned the backing of some Republican officials in the county.Jondavid Longo, the mayor of the town of Slippery Rock and a Republican committeeman, said in an email that that group was “trusted by legitimate candidates and leaders to get the work done and deliver tangible results for the Republican Party.”Mr. Vanasdale said he welcomed the other groups’ energies, but was quick to note that only his committee was formally recognized by the state party.“There’s only one N.F.L.,” Mr. Vanasdale, a youth football coach, said. “There’s a bunch of other leagues that want to compete with that. They’re all advancing football. I’m fine with that.”Some have pleaded for unity. “WE ARE ALL REPUBLICANS,” Mr. Scherer wrote in an email to members of the two insurgent factions in September, on the eve of the midterms, “and it is time to work together to fight the RINO” — Republicans in name only — “establishment and the liberals running our country, and state.”A paperweight on Al Lindsay’s desk in Butler serves as a reminder of President Ronald Reagan. Justin Merriman for The New York TimesBut others on the right view the current turmoil as a rocky but necessary phase in the Republican Party’s transformation. They blame the state party’s and donors’ tepid support for the losses of the party’s more right-wing candidates in November. (The Pennsylvania Republican Party declined to comment.)“The establishment in Pennsylvania is not shy,” Mr. Faddis said. “Look at what they did with Mastriano.” Doug Mastriano, a champion of the state’s right wing, won the Republican primary for governor last year but lost badly in the general election to the Democrat, Josh Shapiro.Mr. Faddis said his coalition was educating activists in more counties across Pennsylvania on the precinct strategy in order to build on last year’s local victories. “We are absolutely trying to get all of the groups in the state pushing in the same direction,” he said. More

  • in

    Will Trump Face Criminal Charges in Georgia Election Inquiry?

    The House Jan. 6 committee report offered fresh evidence that former President Donald J. Trump was at the center of efforts to overturn election results in Georgia.A few weeks after losing the 2020 election, President Donald J. Trump called Ronna McDaniel, the head of the Republican National Committee, with a plan for keeping himself in office. During the call, he asked John C. Eastman, an architect of the strategy, to lay it out: Trump supporters in states that the president had lost would act as if they were official Electoral College delegates, an audacious scheme to circumvent voters.After the plan was put in motion, Ms. McDaniel forwarded an “elector recap” report to Mr. Trump’s executive assistant, who replied soon after, “It’s in front of him!”Such details, from the report released in December by the House committee that investigated the Jan. 6 attack on the Capitol, offer fresh evidence that Mr. Trump was not on the periphery of the effort to overturn the election results in Georgia but at the center of it.For the last two years, prosecutors in Atlanta have been conducting a criminal investigation into whether the Trump team interfered in the presidential election in Georgia, which Mr. Trump narrowly lost to President Biden. With the wide-ranging inquiry now entering the indictment phase, the central question is whether Mr. Trump himself will face criminal charges.Legal analysts who have followed the case say there are two areas of considerable risk for Mr. Trump. The first are the calls that he made to state officials, including one to Brad Raffensperger, the Georgia secretary of state, in which Mr. Trump said he needed to “find” 11,780 votes. But the recently released Jan. 6 committee transcripts shed new light on the other area of potential legal jeopardy for the former president: his direct involvement in recruiting a slate of bogus presidential electors in the weeks after the 2020 election.The Atlanta prosecutors have moved more quickly than the Department of Justice, where a special counsel, Jack Smith, was recently appointed to oversee Trump-related investigations. This month, the Fulton County Superior Court disbanded a special grand jury after it produced an investigative report on the case, concluding months of private testimony from dozens of Trump allies, state officials and other witnesses.Election personnel count absentee ballots in Atlanta in November 2020.Audra Melton for The New York TimesThe report remains secret, although a hearing is scheduled for Tuesday to determine if any or all of it will be made public. Nearly 20 people known to have been named targets of the investigation could face charges, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and David Shafer, the head of the Georgia Republican Party.Fani T. Willis, the district attorney of Fulton County, which encompasses most of Atlanta, will need to make her case to a regular grand jury if she seeks indictments, which would likely come by May. That means the nation could be in for months more waiting and speculating, particularly if a judge decides after this week’s hearing not to make public the report’s recommendations.Mr. Trump’s lawyers said in a statement Monday that they would not be at Tuesday’s hearing, adding that Mr. Trump “was never subpoenaed nor asked to come in voluntarily by this grand jury or anyone in the Fulton County District Attorney’s Office.”Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

  • in

    Republicans Under Pressure as Anti-Abortion Activists Call for a National Ban

    Activists are pushing for tougher abortion restrictions, while politicians fear turning off swing voters who don’t support strict limits like a national ban.For decades, opposition to abortion was a crucial but relatively clear-cut litmus test for Republican candidates: support overturning a constitutional right to an abortion, back anti-abortion judges and vote against taxpayer funding for the procedure.But now, six months after the Supreme Court overturned federal abortion rights, the test has grown a whole lot harder — and potentially more politically treacherous.Even after a backlash in support of abortion rights cost Republicans key seats in the midterm elections, a restive socially conservative wing is pushing the party’s lawmakers to embrace deeper restrictions. That effort is likely to be on stark display on Friday in Washington, when anti-abortion activists gather for what is expected to be a lower-key version of their annual march. Historically, the event attracted top Republicans, including former President Donald J. Trump, former Vice President Mike Pence and former Speaker Paul Ryan. This year, the list of speakers circulated in advance included two lawmakers: Representative Steve Scalise, the Republican majority leader, and Representative Chris Smith, one of the leaders of the Congressional Pro-Life Caucus.These activists and their allies are pressuring potential Republican presidential contenders to call for a national ban. Raising the stakes nearly two years before the 2024 contest, Susan B. Anthony Pro-Life America, one of the most powerful anti-abortion groups, said that any candidate who does not support federal restrictions should be “disqualified” from winning the party’s nomination.But some Republican strategists worry that such a position could repel general-election swing voters, who polls show are turned off by the idea of a national ban.Other conservative activists are pushing for a new series of litmus tests that include restrictions on medication abortion, protections for so-called crisis pregnancy centers that discourage women from having abortions, and promises of fiercely anti-abortion appointees to run the Justice Department and the Food and Drug Administration.For Republican politicians, these activists are forcing the question of what, exactly, it means to be “pro-life” in a post-Roe v. Wade era.In Grand Rapids, Mich., last November, opponents rallied against Proposition 3, a ballot measure that sought to protect abortion rights. Democratic candidates, who supported Proposition 3, did well in the election.Brittany Greeson for The New York Times“This is coming. The pro-life movement is not going to be happy or thanking a candidate simply for saying they are pro-life,” said Kristan Hawkins, the president of Students for Life of America, an anti-abortion group. “We’re in a position where we’re going to get down to the various candidates on how far they are going to go to protect women and children.”Some Republican officials and strategists argue that pitched debates over abortion rights in the midterms — and the party’s inability to quickly adopt a unified message on the issue — contributed to the G.O.P.’s weaker-than-expected performance in battleground states including Michigan, Pennsylvania and Arizona.More on Abortion Issues in AmericaAt a Crossroads: As the 50th anniversary of the Roe v. Wade ruling approaches, anti-abortion activists who fought to have the decision overturned are split about what they should focus on next.In Congress: Republicans used their new power in the House to push through legislation that could subject doctors who perform abortions to criminal penalties.Morning-After Pills: The Food and Drug Administration revised its guidance on the most commonly used emergency contraceptives, making clear they are not abortion pills.Abortion Pills: In a move that could significantly expand access to medication abortions, the F.D.A. moved to allow retail pharmacies to offer abortion pills in the United States.This view is shared by former President Donald J. Trump, who distanced himself this month from a social conservative wing that has been a pillar of his base when he blamed the “abortion issue” for the party’s loss of “large numbers of voters” in November.The comments set off an instant backlash from loyal supporters who once lauded him as the most anti-abortion president in history. Ms. Hawkins described Mr. Trump as “listening to swamp consultants.” The remarks also prompted ridicule from some Republican strategists who noted that Mr. Trump was often a liability in major races last year.Some potential 2024 candidates have begun tussling over the issue as they try to position themselves as the conservative movement’s next standard-bearer. Mr. Trump’s comments drew a rebuke from his former vice president, Mike Pence, who retweeted a statement from Susan B. Anthony Pro-Life America urging the former president and his possible rivals to embrace an “ambitious consensus pro-life position.”“Well said,” added Mr. Pence, who has cast himself as a true champion of the cause as he promotes the Supreme Court’s ruling in appearances at “crisis pregnancy centers” and movement galas.A spokesman for Gov. Kristi Noem of South Dakota has accused Gov. Ron DeSantis of Florida of “hiding” behind his state’s ban on abortion past 15 weeks of pregnancy, while Ms. Noem has promoted her “aggressive” record on abortion restrictions.“Talking about situations and making statements is incredibly important, but also taking action and governing and bringing policies that protect life are even more important,” she said recently on CBS News..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.And Mr. DeSantis, who shied away from addressing abortion for most of the fall campaign, has said he is “willing to sign great life legislation” and has not ruled out support for a six-week ban.Gov. Ron DeSantis of Florida signed a bill last year for a ban on abortions after 15 weeks, and he has said he would consider a six-week ban.John Raoux/Associated PressStill, it remains unclear what, exactly, is the new standard for being anti-abortion — even among those pushing for more restrictions. Is it enough to seek to ban abortions after 15 weeks? Or should the bar be roughly six weeks, like the measure that Gov. Brian Kemp of Georgia signed into law? Should Republicans support exceptions for rape, incest and health of the mother — which Mr. Trump backs — or none at all? And how do you define health anyhow? Do psychiatric crises count?As some Republican-dominated statehouses prepare to further limit abortion, future presidential candidates are also likely to be asked about restrictive measures being proposed, including prosecuting those seeking abortion care in states where it is banned, targeting allies who help women travel across state lines for the procedure, criminalizing the mailing of abortion medication, and granting fetuses the same legal rights as people through fetal personhood bills.“Conservatives will not allow a Republican to be elected as their candidate that’s not pro-life,” said Penny Nance, the chief executive of Concerned Women for America, a group that argues that life begins at conception.Asked how conservatives now defined “pro-life” credentials — in terms of embracing abortion restrictions after a certain pregnancy threshold, simply looking for candidates who seemed to be fighters on the issue, or something else — Ms. Nance replied, “I think we’ll grapple with that.”Several activists have suggested that they expect this grappling to unfold in the context of a presidential primary campaign, as possible candidates race to demonstrate their anti-abortion bona fides.Democrats are avidly watching from the sidelines, keeping close tabs on the abortion stances of potential 2024 rivals. Their hope is that Republicans adopt positions that might be popular with their base but that will cost them the moderate suburbanites who are critical in the general election. Polling conducted by some Democratic strategists during the midterms found that voters strongly rejected any discussion of a national abortion ban.“They’re going to go for a national ban,” Celinda Lake, a longtime Democratic strategist and pollster, said in an interview around Election Day. “That is the most mobilizing statement, the most persuasive.”She added, “And their candidate is going to be pushed into saying it.”Still, after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, it remains an open question whether social conservatives hold the same king-making power in the primary as they did in 2016, or if they may be forced to accept a candidate who doesn’t go as far on their top issues as they would prefer.Gov. Kristi Noem of South Dakota has promoted her “aggressive” record on abortion restrictions.Phelan M. Ebenhack/Associated PressThe party remains divided over whether to support any national restrictions. In the House, the new Republican majority opened the session with a package of abortion legislation that did not include a national ban. Because Democrats control the Senate, none of the measures are expected to become law.“A great many Republicans still think the victory in Dobbs was pushing this down to the states,” Scott Jennings, a Republican strategist and longtime adviser to Senator Mitch McConnell, said when asked for his thoughts on the relatively limited action on Capitol Hill. “It is contradictory to simultaneously believe that and then push for a national regime on it.”Mr. Jennings said he thought restricting abortion access after 15 weeks of pregnancy, with some exceptions, was smart politics, a proposal that candidates could endorse for the states.But when Senator Lindsey Graham of South Carolina put forward that position in the form of a federal ban before the midterms, the proposal earned a backlash among some Republicans who viewed it, and its timing, as politically foolhardy.Still, in the final weeks of the midterms, many Republicans embraced a central message: a 15-week limit with exceptions for rape, incest and life of the mother. They sought to push Democrats to define their own limits on gestational age — and falsely accused them of supporting “abortion until birth” if they refused. Nearly all Democrats support federal legislation that would reinstate a version of the standard set by Roe: permitting abortion until fetal viability, roughly 23 weeks, and after that point only if the pregnancy poses a risk to the mother’s health.Robert Blizzard, a veteran Republican pollster, noted that several Republican candidates who generally opposed abortion rights won major statewide races in places including Florida, Georgia and Iowa. But elsewhere, for candidates without clearly defined personal brands, he said, “voters can use the abortion issue as a test of how compassionate they are, and how pragmatic they are, in order to solve problems and get things done.”“There were some candidates we had running, specifically in statewide races, that just could never get past the favorability” issue with independent voters, he added.Mr. Blizzard emphasized that it was impossible to know what issues would motivate voters in the 2024 general election. But there is little doubt, he said, that Democrats will continue to use the abortion issue against Republicans — and that in the midterms they often did so effectively.“Every metric you would look at indicates that that energizes the left and energizes the Democratic base, which it certainly did,” he said. “In some cases, where we made the fight over other issues — whether the economy, inflation, the border, whatever else was going on in a particular state or district — we did, I think, well. But in places where we were not able to change the narrative of a race, we didn’t do well.”“In terms of going forward,” he went on, describing the political uncertainties surrounding the issue, “I don’t think anyone has a really solid answer for it.” More