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    Alex Jones and Donald Trump: A Fateful Alliance Draws Scrutiny

    The Infowars host tormented Sandy Hook families and helped elect President Donald J. Trump. His role in the Jan. 6 Capitol attack is now of growing interest to congressional investigators.The day President Donald J. Trump urged his supporters to “be there, will be wild!” at the Capitol on Jan. 6, 2021, Alex Jones spread the message to millions.“This is the most important call to action on domestic soil since Paul Revere and his ride in 1776,” Mr. Jones, the Infowars broadcaster, said on his Dec. 19, 2020, show, which airs live online and on a network of radio stations. Mr. Jones, whose lies about the 2012 Sandy Hook Elementary School shooting fueled years of threats against the 26 victims’ families, urged his listeners to take action.A little more than two weeks later, Mr. Jones joined his followers at the Capitol as a behind-the-scenes organizer — a crucial role in the riot that is under increasing scrutiny by congressional investigators.It is part of a reckoning Mr. Jones faces on multiple fronts. He is still fighting a half-dozen defamation lawsuits filed by the targets of his false claims, including the relatives of 10 Sandy Hook victims. Late last year the Sandy Hook families won four default judgments against him after he for years resisted court orders, and in upcoming trials, juries will decide how much he must pay them.For Jan. 6, Mr. Jones helped secure at least $650,000 from a Publix grocery-store heiress, Julie Fancelli, an Infowars fan, to underwrite Mr. Trump’s rally on the Ellipse the morning of the attack, $200,000 of which was deposited into one of Mr. Jones’s business accounts, the House committee investigating the Jan. 6 attack said. The night before the riot Mr. Jones was at the Willard Intercontinental Hotel in Washington, where Trump aides and allies had set up an outpost. He has longtime ties to at least a half-dozen people arrested after the riot, including the founder of the far-right Oath Keepers militia, Stewart Rhodes, still a regular guest on Infowars, and Joseph Biggs, a former Infowars employee and Proud Boys leader.The House committee has subpoenaed Mr. Jones, and included a three-page list seeking his related communications and financial records. The panel is also seeking Mr. Jones’s communications with Mr. Trump, his family and anyone from the White House or Congress in the days before the riot. Questioned by the panel this year, Mr. Jones invoked his Fifth Amendment right against self-incrimination more than 100 times, and is trying to block the committee’s demand for records in court.Whatever the outcome of the Jan. 6 investigation, Mr. Jones’s journey from Sandy Hook to the assault on the Capitol is a reflection of how conspiracy theories in the United States have metastasized and corroded public discourse in the digital age. A defender of President Vladimir V. Putin of Russia and a former regular on RT, the Kremlin-funded international television outlet, Mr. Jones espoused such extreme views of American democratic society — he has cast airport security screenings as a plot to usurp Americans’ freedoms — that in 2011 RT stopped inviting him on air.But after Mr. Trump appeared live in an interview on Infowars’ website in December 2015, Mr. Jones traveled from the fringes to become part of a newly radicalized Republican Party. Infowars grossed more than $50 million annually during the Trump presidency by selling diet supplements, body armor and other products on its website, records filed in court indicate. During and after the Jan. 6 riot, Infowars promoted its merchandise alongside graphic videos, including footage by an Infowars cameraman of the shooting death of a pro-Trump rioter, Ashli Babbitt, by a Capitol Police officer during the attack.Mr. Jones did not respond to messages seeking comment. His lawyer, Norm Pattis, said his client had done nothing wrong on Jan. 6. Video footage from the Capitol that day shows Mr. Jones using a bullhorn to try to discourage people from rioting.“Over many years Infowars has become a go-to source for people deeply suspicious of the government, so it should come as no surprise that many of the attendees at the rally had passed through Infowars’ doors,” Mr. Pattis said. “But that doesn’t mean any of them are guilty of criminal conspiracy or misconduct.”Dan Friesen, whose podcast, “Knowledge Fight,” explores Mr. Jones’s place in America’s conspiracist tradition, said that people should not be shocked by what happened on Jan. 6, given Mr. Jones’s history. “This kind of flare-up just seemed inevitable,” he said.A Trump campaign rally in Dallas in 2019.Andrew Harnik/Associated PressMr. Jones owes some of his core conspiracy themes to Gary Allen, a speechwriter for the former Alabama governor George Wallace who in the 1960s and 1970s was one of the far-right John Birch Society’s most revered writers and thinkers. As a teenager, Mr. Jones found Mr. Allen’s 1971 “None Dare Call It Conspiracy” on his father’s bookshelf, and came to share Mr. Allen’s view that a cabal of global bankers and power brokers, not elected officials, controlled American policy. Mr. Allen, who died in 1986, sold his theories by mail order in books, filmstrips and cassettes, a marketing model later adopted by Infowars.Mr. Jones got his start in broadcasting in the early 1990s with simultaneous shows on the Austin radio station KJFK and on Austin community access TV. In 1993, a siege by federal law enforcement ended in an inferno at the Branch Davidian compound near Waco, Texas, killing about 80 Davidians and four law enforcement officers. Mr. Jones asserted, evidence to the contrary, that the sect and its leader, David Koresh, were a peaceful religious community marked by the government for murder. He raised $93,000 from his listeners to rebuild the compound’s church.The deed made Mr. Jones a celebrity among “patriot” militia members, including some involved in armed standoffs with the federal government. In 1995, Mr. Jones pushed bogus claims that the government plotted the bombing of the Alfred P. Murrah Federal Building in Oklahoma City that killed 168 people, including 19 children. The perpetrator, Timothy McVeigh, had also expressed rage at the Branch Davidian compound’s destruction.Mr. Jones and his wife at the time, Kelly Jones, founded Infowars around 1999, when they began producing feature-length, conspiracy-themed videos that they sold by mail or gave away, urging people to pass them around and spread the word.After December 2012, when Mr. Jones falsely claimed that the Sandy Hook shooting was a government pretext for draconian gun control measures, traffic to his website surged. In 2013, at a gathering in Dallas marking the 50th anniversary of John F. Kennedy’s assassination, Mr. Jones met Roger J. Stone Jr., a Trump friend and adviser shunned by mainstream Republicans.Mr. Stone, who saw a valuable new constituency for Mr. Trump in Infowars’ disaffected audience, joined the show as a host and brokered Mr. Trump’s December 2015 interview with Mr. Jones. In that interview, broadcast on the Infowars website, Mr. Trump joined Mr. Jones in casting America as a nation besieged by “radical Muslims” and immigrants, and predicted he would “get along very well” with Mr. Putin. He ended by praising Mr. Jones’s “amazing reputation.”The next year Mr. Jones was a V.I.P. invitee to Mr. Trump’s speech accepting the presidential nomination at the Republican National Convention in Cleveland, where the Infowars broadcaster stood on the convention floor with tears streaming down his face as Mr. Trump spoke.Mr. Jones on the first day of the Republican National Convention in 2016.Hilary Swift for The New York TimesThe Trump era also brought Mr. Jones new scrutiny. In 2017, he dodged a lawsuit by publicly apologizing and removing from Infowars his shows promoting Pizzagate, the lie that top Democrats were trafficking children from Comet Ping Pong, a Washington pizzeria. The conspiracy theory inspired a gunman to enter the restaurant and fire a rifle inside. No one was hurt, but the episode shocked the capital and many Americans. By 2019, Mr. Jones had been barred from all major social media platforms for violating rules banning hate speech.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The potential case against Trump. More

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    Indicted. Under F.B.I. Investigation. And Still Popular With Texas Republicans.

    Ken Paxton, the Texas attorney general, earned the most votes in Tuesday’s G.O.P. primary. His embrace of Trumpism has helped him weather a series of allegations.SAN ANTONIO — The race for Texas attorney general is asking Republicans to determine how many indictments and allegations of corruption are too many. The answer may be there is no limit — so long as the candidate has an endorsement from former President Donald J. Trump.Ken Paxton, the Trump-backed attorney general, was indicted and arrested on criminal securities-fraud charges that are still pending. He has faced calls for his resignation after several of his top aides claimed he abused his office by helping a wealthy donor. And he has been serving as the state’s top lawyer while under threat of a possible new indictment, as the F.B.I. investigates the abuse-of-office and bribery accusations.“The voters of Texas will tolerate a great deal,” said State Senator Kel Seliger, a moderate Republican who is a former mayor of Amarillo. “They think if somebody is ideologically in sync with them, that’s what matters. I would have thought in Texas that moral example is more important, but apparently it’s not.”In the pre-Trump era, indictments and investigations by federal law enforcement could have been fatal to a Republican campaign. But Mr. Trump has instilled a deep mistrust in government institutions like the F.B.I. Mr. Paxton took the unusual step of authorizing an investigation of an F.B.I. investigation — he appointed a special prosecutor to look into the federal probe of the wealthy donor, an Austin real estate investor named Nate Paul whose home and offices were raided by federal agents.The litany of allegations against Mr. Trump has allowed acolytes like Mr. Paxton to claim that they, too, are victims of a government conspiracy.“That’s the Biden F.B.I., the Biden D.O.J.,” Mr. Paxton said in a recent interview with a Fox News reporter. “They were under investigation by my office. I don’t know what they are going to do. All I can tell you is that we were doing the right thing. We are going to continue to do the right thing. I don’t control what the Biden White House does.”Since the 2020 election, Mr. Paxton has made himself among the nation’s foremost Trump defenders, filing an audacious lawsuit with the Supreme Court seeking to delay certification of the results in Georgia, Michigan, Pennsylvania and Wisconsin. He spoke at the Jan. 6 rally in Washington that preceded the attack on the United States Capitol, won an endorsement from Mr. Trump and earned praise from him at the former president’s rally outside Houston. And he has overlooked the fact that, although he has claimed otherwise, the federal abuse-of-power investigation began under Mr. Trump’s F.B.I., not Biden’s.In the Republican primary on Tuesday in Texas, Mr. Paxton won 43 percent of the vote, a soft showing for an incumbent but one indicative of the three well-funded challengers who saw him as politically vulnerable. Since Texas requires primary candidates to win a majority of the vote to advance to the general election, Mr. Paxton faces a May 24 runoff against the scion of the most famous family in modern Texas politics: George P. Bush, the state’s land commissioner who is the nephew of one president and the grandson of another.The Paxton-Bush runoff crystallized immediately as a contest between an incumbent with ethical and legal issues and a challenger who cannot escape the establishment brand of his family name. In Texas Republican circles, some operatives cast the race as prison stripes versus pinstripes.Mr. Paxton has withstood his legal woes by delivering on the issues that drive Texas conservatives. He’s used his office as the state’s chief culture-war litigator — defending the new Texas abortion law, suing the Biden administration to force the federal government to continue building the border wall and joining a right-wing push to criminalize medical care for transgender youth. Days before the primary, he issued an opinion stating that certain medical treatments for transgender children could be considered child abuse, treatments that doctors describe as gender-affirming care.A Guide to the 2022 Midterm ElectionsMidterms Begin: The Texas primaries officially opened the 2022 election season. See the full primary calendar.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering.Governors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.Mr. Paxton did not take long to attack Mr. Bush as a symbol of the moderate conservative politics that Mr. Trump has all but excised from the Republican Party.“What has happened with performance by the Bushes over the last decade, it’s been disappointing,” Mr. Paxton said Wednesday during an interview on a conservative talk radio show in Lubbock. “I think a lot of Republicans have had enough of it. The Bushes have had their chance. It’s time for the dynasty to end.”George P. Bush spoke at a candidate forum in Midland last month. Mr. Paxton did not attend the event.Tamir Kalifa for The New York TimesThat a top elected official in Texas could make such a stunning anti-Bush remark and face no political consequences illustrates just how loyal Texas Republicans have become to Mr. Trump and Trumpism.In Mr. Bush, Mr. Paxton has a near-perfect foil for a runoff election that is likely to have half or less the turnout from Tuesday’s primary. Mr. Bush has been an enthusiastic supporter of Mr. Trump, but his father, Jeb Bush, the former governor of Florida and a 2016 presidential candidate, and his uncle, former President George W. Bush, have been harsh critics.At a debate last month, the younger Mr. Bush said President Biden was the rightful winner of the 2020 election and called Mr. Paxton’s lawsuit to block the election results “frivolous” — statements Mr. Paxton’s campaign is using to attack Mr. Bush as insufficiently conservative.Mr. Bush said in radio interviews in recent days that he has contacted Mr. Trump’s advisers to suggest that he switch his endorsement from Mr. Paxton. A Trump aide said that was extremely unlikely. And Mr. Paxton said he spoke with Mr. Trump himself and extracted a pledge that the former president would continue to support him through the runoff.Still, Mr. Bush, whose father was savaged as “low energy” by Mr. Trump during the 2016 presidential campaign, is not conceding Mr. Trump’s support. Last summer he distributed red koozies with a silhouette of himself shaking hands with Mr. Trump and a quote from the former president: “This is the only Bush that likes me! This is the Bush that got it right.”Mr. Bush signaled he will lean into Mr. Paxton’s ethical and legal issues, which have long been talked about in Texas political circles. In 2014, after Mr. Paxton was first elected attorney general but had not yet taken office, he was accused of taking a $1,000 pen that belonged to another lawyer. (He later returned it and said the episode was a simple mistake.) The State Bar of Texas is also investigating whether Mr. Paxton committed professional misconduct by challenging the 2020 presidential election results.In his own radio interview in Lubbock, Mr. Bush said the F.B.I. investigation and the securities-fraud case “are a matter of public record and should be discussed.” Mr. Bush’s campaign spokeswoman did not return repeated messages this week. Mr. Paxton declined to be interviewed.Mr. Paxton has denied wrongdoing in the securities case and has rejected claims that he accepted bribes in office. Last August, his office produced a 374-page report that cleared him of any wrongdoing and said there was “no evidence” he had accepted a bribe. “A.G. Paxton committed no crime,” the report issued by his office stated.There have been signals that Mr. Paxton’s litany of controversies has tested the limits of Texas Republicans’ patience with him. Representative Chip Roy, a conservative who used to work for Mr. Paxton, called for his resignation in 2020. Along with Mr. Bush, Mr. Paxton’s primary challengers included Representative Louie Gohmert, who gave up a safe East Texas congressional seat to run against him, and Eva Guzman, who resigned from the Texas Supreme Court to challenge him in the primary.During his campaign, Mr. Gohmert predicted Mr. Paxton would face a new federal indictment after winning the Republican nomination and lose the general election to a Democrat. If Mr. Paxton indeed wins the nomination but is defeated in November, it would be a devastating first for Republicans: No Democrat has won any statewide office in Texas since 1994.In the Democratic primary for attorney general, Rochelle Garza, a South Texas civil rights lawyer, garnered the most votes and is headed for a runoff. Her Democratic opponent remained unclear. The third-place vote-getter, Lee Merritt, a civil rights lawyer, said in a statement he was not ready to concede to the second-place candidate, Joe Jaworski, a former mayor of Galveston, because military and other ballots were still being counted. Ms. Garza said she was confident the attorney general’s office could be flipped from red to blue. In 2018, Mr. Paxton won re-election by narrowly defeating his opponent, Justin Nelson, by 3.56 percentage points.Mr. Paxton has brushed off any suggestion of a Democratic victory in the fall. “In this country, allegations don’t convict you,” he said in the Lubbock radio interview.Mr. Paxton’s aides said Texas Republicans don’t care about the allegations and controversies surrounding his office. They claimed credit for attacking Mr. Gohmert and Ms. Guzman in order to allow Mr. Bush to advance to the runoff. After the Paxton campaign attacked Ms. Guzman in television advertisements in the closing days before the primary, she dropped from winning 21 percent of the vote during the early-voting period to just 14 percent of the vote on Tuesday.“These ads clearly cost Eva a spot in the runoff,” Dick Weekley, the senior chairman of the mainstream Republican group Texans for Lawsuit Reform, which endorsed Ms. Guzman, wrote in an email to supporters after the primary.Both Mr. Paxton and Mr. Bush are certain to continue to pitch themselves as the true steward for Trump supporters among Texas Republicans.“It’s easy for me to say that I wouldn’t grovel for the Trump endorsement,” said Jerry Patterson, Mr. Bush’s predecessor as land commissioner and a Republican who is anti-Trump but is backing Mr. Paxton. “It’s just damn distasteful for George P. At some point you just have to have some pride in your own integrity.”Yet Mr. Patterson said he has no problem with Mr. Paxton doing Mr. Trump’s bidding about the 2020 election and constantly stressing his Trump bona fides.“For Paxton that came naturally,” Mr. Patterson said. “It’s not contrived.”Kirsten Noyes More

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    How the Manhattan DA's Investigation Into Donald Trump Unraveled

    On a late January afternoon, two senior prosecutors stood before the new Manhattan district attorney, hoping to persuade him to criminally charge the former president of the United States.The prosecutors, Mark F. Pomerantz and Carey R. Dunne, detailed their strategy for proving that Donald J. Trump knew his annual financial statements were works of fiction. Time was running out: The grand jury hearing evidence against Mr. Trump was set to expire in the spring. They needed the district attorney, Alvin Bragg, to decide whether to seek charges.But Mr. Bragg and his senior aides, masked and gathered around a conference table on the eighth floor of the district attorney’s office in Lower Manhattan, had serious doubts. They hammered Mr. Pomerantz and Mr. Dunne about whether they could show that Mr. Trump had intended to break the law by inflating the value of his assets in the annual statements, a necessary element to prove the case.The questioning was so intense that as the meeting ended, Mr. Dunne, exasperated, used a lawyerly expression that normally refers to a judge’s fiery questioning:“Wow, this was a really hot bench,” Mr. Dunne said, according to people with knowledge of the meeting. “What I’m hearing is you have great concerns.”The meeting, on Jan. 24, started a series of events that brought the investigation of Mr. Trump to a sudden halt, and late last month prompted Mr. Pomerantz and Mr. Dunne to resign. It also represented a drastic shift: Mr. Bragg’s predecessor, Cyrus R. Vance Jr., had deliberated for months before deciding to move toward an indictment of Mr. Trump. Mr. Bragg, not two months into his tenure, reversed that decision.Mr. Bragg has maintained that the three-year inquiry is continuing. But the reversal, for now, has eliminated one of the gravest legal threats facing the former president.This account of the investigation’s unraveling, drawn from interviews with more than a dozen people knowledgeable about the events, pulls back a curtain on one of the most consequential prosecutorial decisions in U.S. history. Had the district attorney’s office secured an indictment, Mr. Trump would have been the first current or former president to be criminally charged.Mr. Bragg was not the only one to question the strength of the case, the interviews show. Late last year, three career prosecutors in the district attorney’s office opted to leave the investigation, uncomfortable with the speed at which it was proceeding and with what they maintained were gaps in the evidence. The tension spilled into the new administration, with some career prosecutors raising concerns directly to the new district attorney’s team.Mr. Bragg, whose office is conducting the investigation along with lawyers working for New York’s attorney general, Letitia James, had not taken issue with Mr. Dunne and Mr. Pomerantz presenting evidence to the grand jury in his first days as district attorney. But as the weeks passed, he developed concerns about the challenge of showing Mr. Trump’s intent — a requirement for proving that he criminally falsified his business records — and about the risks of relying on the former president’s onetime fixer, Michael D. Cohen, as a key witness.Mr. Cohen’s testimony, the prosecutors leading the investigation argued, could help to establish that Mr. Trump was intentionally misleading when he exaggerated the value of his properties. The financial statements Mr. Trump submitted to banks to secure loans — documents that say “Donald J. Trump is responsible for the preparation and fair presentation” of the valuations — could also support a case.Mr. Bragg was not persuaded. Once he told Mr. Pomerantz and Mr. Dunne that he was not prepared to authorize charges, they resigned. Explaining the resignation to his team of prosecutors in a meeting a day later, Mr. Dunne said he felt he needed “to disassociate myself with this decision because I think it was on the wrong side of history.”Mr. Dunne and Mr. Pomerantz also bristled at how Mr. Bragg had handled the investigation at times. Mr. Bragg left the pivotal Jan. 24 meeting before the discussion ended, though several of his top aides stayed behind. And after that day, Mr. Dunne and Mr. Pomerantz — two of New York’s most prominent litigators, who had become accustomed to driving the case — were not included in closed-door meetings where decisions were made.Mark Pomerantz, one of two lawyers who were leading a criminal inquiry into former President Donald J. Trump’s business practices. The two resigned last week after the investigation came to a sudden halt.David Karp/Associated PressMr. Bragg’s choice not to pursue charges is reminiscent of the high hurdle that others have failed to clear over the years as they sought to hold Mr. Trump criminally liable for his practices as a real estate mogul. Mr. Trump famously shuns email, and he has cultivated deep loyalty among employees who might otherwise testify against him, a one-two punch that has stymied other prosecutors in search of conclusive proof of his guilt.In the Manhattan investigation, the absence of damning emails or an insider willing to testify would make it harder to prove that any exaggerations were criminal. Mr. Trump, who has a history of making false statements, has in the past referred to boastful claims about his assets as “truthful hyperbole.”The interviews with people knowledgeable about the Manhattan investigation also highlight the success of Mr. Trump’s efforts to delay it.He fought many of the subpoenas issued by the district attorney. In one of those battles — for Mr. Trump’s tax returns and other financial documents — it took nearly 18 months and two trips to the Supreme Court for Mr. Vance’s office to obtain the records. As a result, the ultimate decision of whether to pursue charges fell to Mr. Bragg, his more skeptical successor.A public uproar over his handling of the investigation has added to the turbulence of Mr. Bragg’s early tenure.As he was weighing the fate of the Trump investigation, Mr. Bragg was also contending with a firestorm over a number of criminal justice reforms he introduced in a memo his first week in office. The memo immediately embroiled his administration in controversy, a public relations debacle that worsened with a handful of high-profile shootings, including the killing of two police officers in late January.Although it is unclear whether those early travails influenced Mr. Bragg’s management of the Trump inquiry, there is no doubt that they contributed to his frenzied first days in office.Mr. Bragg’s decision on the Trump investigation may compound his political problems in heavily Democratic Manhattan, where many residents make no secret of their enmity for Mr. Trump.Mr. Bragg has told aides that the inquiry could move forward if a new piece of evidence is unearthed, or if a Trump Organization insider decides to turn on Mr. Trump. Other prosecutors in the office saw that as fanciful.Mr. Trump has long denied wrongdoing and has accused Mr. Bragg and Ms. James, both of whom are Democrats and Black, of carrying out a politically motivated “witch hunt” and being “racists.”Danielle Filson, a spokeswoman for Mr. Bragg, said that the investigation into Mr. Trump was continuing under new leadership.“This is an active investigation and there is a strong team in place working on it,” Ms. Filson said. She added that the inquiry was now being led by Susan Hoffinger, the executive assistant district attorney in charge of the office’s Investigation Division.Mr. Pomerantz and Mr. Dunne declined to comment.The Brain TrustCyrus R. Vance Jr., the previous Manhattan district attorney, began the investigation into Mr. Trump, including whether he had intentionally inflated the value of his assets to defraud lenders.Desiree Rios for The New York TimesMr. Vance and his top deputies were riding high last summer.They had just announced criminal tax charges against Mr. Trump’s family business and his longtime finance chief, Allen H. Weisselberg. The next step for Mr. Dunne, Mr. Pomerantz and their team was to build a case against Mr. Trump himself.The two were suited to the task. Mr. Pomerantz, 70, had once run the criminal division of the U.S. attorney’s office in Manhattan. He had also been a partner at the prestigious law firm Paul Weiss, and he came out of retirement to work on the investigation without pay.Mr. Dunne had begun his career trying cases as an assistant district attorney in Manhattan, gone on to become a partner at another top firm, Davis Polk, and was a former president of the New York City bar association. As Mr. Vance’s general counsel, he had successfully argued before the Supreme Court, winning access to Mr. Trump’s tax records.Helped by lawyers from Ms. James’s office, which was conducting a separate, civil inquiry into Mr. Trump, Mr. Dunne and Mr. Pomerantz pressed ahead with their investigation into whether Mr. Trump had used his financial statements to deceive lenders about his net worth and secure favorable loan terms. Mr. Cohen had testified before Congress that Mr. Trump was a “con man” who “inflated his total assets when it served his purposes.”By the fall, a number of the prosecutors assigned to the investigation thought it was likely that Mr. Trump had broken the law. Proving it would be another matter.Letitia James, New York’s attorney general, has been leading a parallel inquiry focused on whether financial statements for Mr. Trump’s family company intentionally included false information.Todd Heisler/The New York TimesSoon, some of the career prosecutors who had worked on the inquiry for more than two years expressed concern. They believed that Mr. Vance, who had decided not to seek re-election, was pushing too hard for an indictment before leaving office, and that the evidence gathered so far did not justify the speed at which the inquiry was moving.The debate was born of painful experience from past investigations, including one involving the Trump family. In 2012, in the first of his three terms, Mr. Vance closed an investigation into accusations that Mr. Trump’s son Donald Jr. and his daughter Ivanka had misled potential buyers of apartments at one of the Trump Organization’s New York hotels, Trump Soho. The decision trailed Mr. Vance for years, subjecting him to criticism after Mr. Trump was elected president.Concern among the office’s career prosecutors about the investigation into the former president came to a head in September at a meeting they sought with Mr. Dunne. Mr. Dunne offered to have them work only on the pending trial of Mr. Weisselberg or leave the Trump team altogether.Two prosecutors eventually took him up on the latter.Mr. Vance pressed on, and in early November, convened a new special grand jury to start hearing evidence against the former president. Still, he had yet to decide whether to direct the prosecutors to begin a formal grand jury presentation with the goal of seeking charges. As his tenure drew to a close in December, he consulted a group of prominent outside lawyers to help inform what would be his final decision.The group was referred to internally as “the brain trust” — a handful of former prosecutors that included two senior members of Robert S. Mueller’s special counsel inquiry into Mr. Trump’s 2016 campaign.Before they all convened for a meeting on Dec. 9, Mr. Dunne and Mr. Pomerantz circulated hypothetical opening arguments in advance: one for the prosecution; another for the defense.In the meeting, which lasted much of the day, the outside lawyers raised a number of questions about the evidence and the lack of an insider witness. Mr. Weisselberg, who has spent nearly a half-century working as an accountant for the Trump family, had resisted pressure from the prosecutors to cooperate.The brain trust puzzled over how to prove that Mr. Trump had intended to commit crimes, and the group questioned Mr. Cohen’s potential strength as a witness at trial. A former Trump acolyte turned antagonist, Mr. Cohen pleaded guilty in 2018 to federal charges of lying to Congress on behalf of Mr. Trump and paying hush money to a pornographic actress who said she had an affair with Mr. Trump.Mr. Bragg, who had not yet been sworn in, was not aware of the Dec. 9 meeting.And there are differing accounts of how well the brain trust responded to the evidence, with one participant calling the reaction “mixed at best,” but another saying that there was agreement that the prosecutors had credible evidence to support charges and that no one recommended against a case.The deliberations led prosecutors to simplify the charges they planned to seek to make it easier to win a conviction, and Mr. Vance was soon persuaded. Three days later, Mr. Dunne sent the team an email announcing that they would proceed. The plan, he said, was to seek charges from the panel in the spring. Most of the remaining career prosecutors were on board. But that week, a third prosecutor left the investigation into Mr. Trump.‘Time Is of the Essence’Carey Dunne, Mr. Vance’s general counsel. A leader, with Mr. Pomerantz, of the Trump inquiry, Mr. Dunne became frustrated, and he ultimately resigned, over questions about the strength of the case.Jefferson Siegel for The New York TimesWith Mr. Vance about to leave office, the investigators’ attention turned to their future boss.Born in Harlem and educated at Harvard, Mr. Bragg won a hotly contested Democratic primary last year with a campaign that balanced progressive ideals with public safety. He had served as a federal prosecutor in Manhattan and also in the state attorney general’s office, where he rose to become a top deputy managing hundreds of lawyers.Understand the New York A.G.’s Trump InquiryCard 1 of 6An empire under scrutiny. More

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    William P. Barr’s Good Donald Trump and Bad Donald Trump

    ONE DAMN THING AFTER ANOTHERMemoirs of an Attorney GeneralBy William P. BarrIt’s a rare Washington memoir that makes you gasp in the very second sentence. Here’s the first sentence from William P. Barr’s “One Damn Thing After Another,” an account of his two turns as attorney general: “The first day of December 2020, almost a month after the presidential election, was gray and rainy.” Indeed it was. Here’s the second: “That afternoon, the president, struggling to come to terms with the election result, had heard I was at the White House. …” Uh, “struggling to come to terms with”? Not exactly. How about “struggling to overturn the election he just lost” or “struggling to subvert the will of the voters”? Maybe “struggling to undermine American democracy.”Such opening vignettes serve a venerable purpose in the Washington memoir genre: to show the hero speaking truth to power. Barr had just told a reporter that the Justice Department had “not seen fraud on a scale that could have effected a different outcome in the election.” This enraged the president. “You must hate Trump,” Trump told Barr. “You would only do this if you hate Trump.” But Barr stood his ground. He repeated that his team had found no fraud in the election results. (This is because there was none.) By the end of the book, Barr uses the election controversy as a vehicle for a novel interpretation of the Trump presidency: Everything was great until Election Day, 2020. As Barr puts it, “In the final months of his administration, Trump cared only about one thing: himself. Country and principle took second place.” For Barr, it was as if this great president experienced a sudden personality transplant. “After the election,” Barr writes, “he was beyond restraint. He would only listen to a few sycophants who told him what he wanted to hear. Reasoning with him was hopeless.”The heart of “One Damn Thing After Another” concerns the earlier days of Trump’s presidency when, apparently, “country and principle” took first place. In his December confrontation with Trump, Barr recalls a comment that may be more revealing than he intends: “‘No, Mr. President, I don’t hate you,’ I said. ‘You know I sacrificed a lot personally to come in to help you when I thought you were being wronged.’”Sarah Silbiger/The New York TimesThis, as the rest of the book makes clear, is the real reason Barr came out of a comfortable retirement in early 2019 to serve as Jeff Sessions’s successor as attorney general. Barr — who thought Trump was “being wronged” by the investigation into the 2016 election led by Robert S. Mueller III, the special counsel — wanted to come to Trump’s defense. Barr refers to the allegations that Trump colluded with the Russians in the lead-up to the election as, variously, the “Russiagate lunacy,” the “bogus Russiagate scandal,” “the biggest political injustice in our history” and the “Russiagate nonsense” (twice). Barr was as good as his word and sought to undermine Mueller and protect Trump at every opportunity. As Barr reveals in his book, Trump first asked him to serve on his defense team, but Barr later figured he could do more good for the president as attorney general. He was right.Throughout, Barr affects a quasi-paternal tone when discussing Trump, as if the president were a naughty but good-hearted adolescent. When Trump says repeatedly that he fired the F.B.I. director James Comey because of the Russia investigation, Barr spins it as, “Unfortunately, President Trump exacerbated things himself with his clumsy miscues, notably making imprecise comments in an interview with NBC News’s Lester Holt and joking around with the Russian foreign minister and ambassador the day after firing Comey.” The just-joking defense is a favorite for Barr, as it is for the former president. In a strikingly humorless book, there is one “funny” line from Trump: “‘Do you know what the secret is of a really good tweet?’ he asked, looking at each of us one by one. We all looked blank. ‘Just the right amount of crazy,’ he said.” (Rest assured that Barr says the president spoke “playfully.”)During his confirmation hearing, Barr promised to make Mueller’s report public — and he contrived to do so in the most helpful way for the president. In the key part of the report, concerning possible obstruction of justice by Trump (like firing Comey to interfere with the Russia investigation), Mueller said he was bound by Justice Department policy barring indictments of sitting presidents. So, instead of just releasing the report as he had promised, Barr took it upon himself to decide whether Trump could be charged with obstruction of justice. Barr “cleared the decks to work long into the night and over the weekend, studying the report. I wanted to come to a decision on obstruction.” And then, mirabile dictu, Barr concluded that the president had not violated the law, and wrote a letter to that effect. When the Justice Department got around to releasing the actual report several weeks later, it became apparent that the evidence against Trump was more incriminating than Barr let on, but by that point the attorney general had succeeded in shaping the story to the president’s great advantage.Doug Mills/The New York TimesBarr portrays Mueller, a former colleague and friend from their service in the George H W. Bush administration, as a feeble old man pushed around by liberals on his staff. To thwart them, Barr took extraordinary steps to trash Mueller’s work. On the eve of the sentencing of Roger Stone, Trump’s longtime political adviser, for obstruction of justice, Barr overruled the prosecutors and asked for a lighter sentence: “While he should not be treated any better than others because he was an associate of the president’s, he also should not be treated much worse than others.” In fact, Stone was being sentenced pursuant to guidelines that apply in all cases, but in this one and only instance, Barr decided to intervene.Even more dramatic was Barr’s intercession on behalf of Michael Flynn, who pleaded guilty to lying to the F.B.I. Prodded by Flynn’s attorney, Sidney Powell, who later emerged as a principal conspiracy theorist in the post-2020 election period, Barr not only allowed Flynn to revoke his guilty plea but then dismissed the case altogether. “I concluded that the handling of the Flynn matter by the F.B.I. had been an abuse of power that no responsible A.G. could let stand,” he writes. Suffice it to say that none of the thousands of other cases brought by the Justice Department during Barr’s tenure received this kind of high-level attention and mercy; moreover, it was rare, and perhaps even unprecedented, for the department to dismiss a case in which the defendant pleaded guilty.The only scalps Barr wanted were of those in the F.B.I. who started the Russia investigation in the first place. He writes, “I started thinking seriously about how best to get to the bottom of the matter that really required investigation: How did the phony Russiagate scandal get going, and why did the F.B.I. leadership handle the matter in such an inexplicable and heavy-handed way?” He appointed a federal prosecutor named John Durham to lead this probe, which has now been going on longer than the Mueller investigation, with little to show for it.Drew Angerer/Getty Images“One Damn Thing After Another” begins with a fond evocation of Barr’s childhood in a conservative family nestled in the liberal enclave surrounding Columbia University in New York City. His mother was Catholic, and his father Jewish (though he later converted to Catholicism), and Barr gives a lovely description of his elementary school education at the local Corpus Christi Church. (George Carlin went there too. Go figure.) Barr went on to Horace Mann and then Columbia, where he developed an interest in China. After college, he worked briefly at the C.I.A. while attending night law school, where he excelled. He moved up the ranks in the Justice Department until the first President Bush made him attorney general, at 41, in 1991. He was a largely nonideological figure, mostly preoccupied, as many were in those days, with getting surging crime rates under control.The next quarter-century brought Barr great financial rewards as the top lawyer for the company that, in a merger, became Verizon. More to the point, it brought a hardening of his political views. Barr has a lot to say about the modern world, but the gist is that he’s against it. While attorney general under Trump, he dabbled as a culture warrior, and in his memoir he lets the missiles fly.“Now we see a mounting effort to affirmatively indoctrinate children with the secular progressive belief system — a new official secular ideology.” Critical race theory “is, at bottom, essentially the materialist philosophy of Marxism, substituting racial antagonism for class antagonism.” On crime: “The left’s ‘root causes’ mantra is really an excuse to do nothing.” (Barr’s only complaint about mass incarceration is that it isn’t mass enough.) Barr loathes Democrats: President Obama, a “left-wing agitator, … throttled the economy, degraded the culture and frittered away U.S. strength and credibility in foreign affairs.” (Barr likes Obama better than Hillary Clinton.) Overall, his views reflect the party line at Fox News, which, curiously, he does not mention in several jeremiads about left-wing domination of the news media.Barr is obviously too smart to miss what was in front of him in the White House. He says Trump is “prone to bluster and exaggeration.” His behavior with regard to Ukraine was “idiotic beyond belief.” Trump’s “rhetorical skills, while potent within a very narrow range, are hopelessly ineffective on questions requiring subtle distinctions.” Indeed, by the end, Barr concludes that “Donald Trump has shown he has neither the temperament nor persuasive powers to provide the kind of positive leadership that is needed.”Barr’s odd theory about Good Trump turning into Bad Trump may have more to do with his feelings about Democrats than with the president he served. “I am under no illusion about who is responsible for dividing the country, embittering our politics and weakening and demoralizing our nation,” he writes. “It is the progressive left and their increasingly totalitarian ideals.” In a way, it’s the highest praise Barr can offer Trump: He had the right enemies. More

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    Panel Suggests Trump Knew He Lost the Election, Eyeing Criminal Case

    At the core of the theory of a possible criminal case against former President Donald J. Trump is the argument that he knew he had lost the election and sought to overturn it anyway.WASHINGTON — Shortly after the 2020 election, as ballots were still being counted, the top data expert in President Donald J. Trump’s re-election campaign told him bluntly that he was going to lose.In the weeks that followed, as Mr. Trump continued to insist that he had won, a senior Justice Department official told him repeatedly that his claims of widespread voting fraud were meritless, ultimately warning him that they would “hurt the country.”Those concerns were echoed by the top White House lawyer, who told the president that he would be entering into a “murder-suicide pact” if he continued to pursue extreme plans to try to invalidate the results of the 2020 election.Yet Mr. Trump — time and again — discounted the facts, the data and many of his own advisers as he continued to promote the lie of a stolen election, according to hundreds of pages of exhibits, interview transcripts and email correspondence assembled by the House committee investigating the Jan. 6 attack for a legal filing released late Wednesday.In laying out the account, the panel revealed the basis of what its investigators believe could be a criminal case against Mr. Trump. At its core is the argument that, in repeatedly rejecting the truth that he had lost the 2020 election — including the assertions of his own campaign aides, White House lawyers, two successive attorneys general and federal investigators — Mr. Trump was not just being stubborn or ignorant about his defeat, he was knowingly perpetrating a fraud on the United States.It is a bold claim that could be difficult to back up in court, but in making it, the House committee has compiled an elaborate narrative of Mr. Trump’s extraordinary efforts to cling to power.In it, Mr. Trump emerges as a man unable — or unwilling — to listen to his advisers even as they explain to him that he has lost the election, and his multiple and varied claims to the contrary are not grounded in fact.At one point, Mr. Trump did not seem to care whether there was any evidence to support his claims of election fraud, and questioned why he should not push for even more extreme steps, such as replacing the acting attorney general, to challenge his loss.“The president said something to the effect of: ‘What do I have to lose? If I do this, what do I have to lose?’” Richard P. Donoghue, a former top Justice Department official, told the committee in an interview. “And I said: ‘Mr. President, you have a great deal to lose. Is this really how you want your administration to end? You’re going hurt the country.’”Pat A. Cipollone, the White House counsel, also tried to get Mr. Trump to stop pursuing baseless claims of fraud. He pushed back against a plan from a rogue Justice Department lawyer, Jeffrey Clark, who wanted to distribute official letters to multiple state legislatures falsely alerting them that the election may have been stolen and urging them to reconsider certified election results.“That letter that this guy wants to send — that letter is a murder-suicide pact,” Mr. Cipollone told Mr. Trump, according to Mr. Donoghue. “It’s going to damage everyone who touches it. And we should have nothing to do with that letter. I don’t ever want to see that letter again.”The account is part of a court filing in a civil case in California, in which the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had evidence demonstrating that Mr. Trump, the lawyer John Eastman and other allies could be charged with obstructing an official proceeding of Congress, conspiracy to defraud the American people and common law fraud.The committee’s filing shows how some of Mr. Trump’s aides and advisers repeatedly — and passionately — tried to get him to back down from his various false claims and plans to try to stay in power.It started almost immediately after the polls closed in November 2020, when members of Mr. Trump’s campaign data team began trying to break through to the president to impress upon him that he had been defeated.During a conversation in the Oval Office, Mr. Trump’s lead campaign data guru “delivered to the president in pretty blunt terms that he was going to lose,” Jason Miller, another top campaign aide, told the panel. The president said he disagreed with the data expert’s analysis, Mr. Miller said, because he thought he could win in court.Mr. Miller also told the committee that he agreed with Attorney General William P. Barr’s analysis that there had not been widespread fraud in the election, and “said that to the president on multiple occasions,” the panel wrote in its filing.In the chaotic postelection period, Mr. Trump’s legal team set up a hotline for fraud allegations and was flooded with unverified accounts from people across the country who claimed they had evidence. A Postal Service truck driver from Pennsylvania asserted without evidence that his 18-wheeler had been filled with phony ballots. Republican voters in Arizona complained that some of their ballots had not been counted because they used Sharpie pens that could not be read by voting machines.Mr. Trump appeared to be aware of many of these reports, and would speak about them often with aides and officials, raising various theories about voting fraud even as they debunked them one by one.“When you gave him a very direct answer on one of them, he wouldn’t fight us on it,” Mr. Donoghue, the Justice Department official, told the committee. “But he would move to another allegation.”Mr. Donoghue recalled, for instance, how he told Mr. Trump that Justice Department investigators had looked into, and ultimately discounted, a claim that election officials in Atlanta had wheeled a suitcase full of phony ballots into their counting room on Election Day.Instead of accepting Mr. Donoghue’s account, Mr. Trump abruptly switched subjects and asked about “double voting” and “dead people” voting, then moved on to a completely different claim about how, he said, “Indians are getting paid” to vote on Native American reservations.Richard P. Donoghue, a former top Justice Department official, repeatedly informed Mr. Trump that both his specific and general claims of fraud were false.Richard Drew/Associated PressAfter Mr. Donoghue sought to knock down those complaints as well, he told the committee, Mr. Trump changed topics again and wondered aloud why his numerous legal challenges to the election had not worked.Jeffrey A. Rosen, another top Justice Department lawyer who became the acting attorney general after Mr. Barr left the agency, fielded this question, according to Mr. Donoghue’s account, telling the president that he was “free to bring lawsuits,” but that the department could not be involved.Even though none of Mr. Trump’s persistent claims about election fraud turned out to be true, prosecutors will most likely have to grapple with the question of his state of mind at the time — specifically, the issue of whether he believed the claims were true, said Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The potential case against Trump. More

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    Arizona Gov. Doug Ducey Confirms He Will Not Run for Senate

    Senator Mitch McConnell had been trying to recruit Gov. Doug Ducey of Arizona to run, but former President Donald J. Trump had warned him against it.Gov. Doug Ducey of Arizona reaffirmed his decision Thursday not to run for the Senate this year, dealing a blow to Mitch McConnell, the Senate minority leader, while delighting former President Donald J. Trump, who for months had warned Mr. Ducey to stay out of the race.Mr. Ducey, who is term-limited as governor, was one of the most sought-after Republicans that Mr. McConnell had been trying to recruit. In a letter to donors, Mr. Ducey seemed to allude to Mr. Trump’s hectoring, saying: “These days, if you’re going to run for public office, you have to really want the job.”Angry that Mr. Ducey would not overturn Joseph R. Biden Jr.’s narrow 2020 victory in the state, Mr. Trump has rampaged for over a year, complaining about Mr. Ducey’s certification of the electoral results and threatening him about the Senate race.“Right now I have the job I want,” Mr. Ducey wrote, “and my intention is to close my years of service to Arizona with a very productive final legislative session and to help elect Republican governors across the country in my role as chairman of the Republican Governors Association.”Mr. Ducey’s decision was long expected. For months, he had told both reporters pressing him and Republicans courting him that he had little appetite to challenge Senator Mark Kelly, a first-term Democrat.A Guide to the 2022 Midterm ElectionsMidterms Begin: The Texas primaries officially opened the 2022 election season. See the full primary calendar.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering.Governors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.That did not stop Mr. McConnell, whose attempts to recruit two other Republican governors, Chris Sununu of New Hampshire and Larry Hogan of Maryland, into Senate races were also rebuffed.Taken together, the rejections illustrate the difficulty Senate Republicans are having in trying to lure mainstream conservative governors to serve in a party still shadowed by Mr. Trump and in a polarized capital that can offer less policymaking opportunity than statehouses. Moreover, many of the state executives are more interested in the presidency than the Senate.“By nature and by training I’m an executive,” wrote Mr. Ducey, who in an interview last month mused that senators seem only to “tweet all day, do a 5 p.m. news hit and go out for the rest of the night.”His candidacy, which would have tested Mr. Trump’s influence in a pivotal state, effectively hands Mr. Trump a victory without contest, the sort of win the former president’s intraparty antagonists are hoping to deny in a series of primaries this year.Given President Biden’s declining approval ratings and Arizona’s center-right tilt, Republicans might still be able to reclaim Mr. Kelly’s seat, which was previously held by Senator John McCain.It’s not clear which of the Republicans in the remaining field would be best-positioned to defeat Mr. Kelly, who began the year with $18 million in campaign cash. Attorney General Mark Brnovich has led a handful of lesser-known Republicans in some polls ahead of the August primary, but the race has been frozen as G.O.P. officials implored Mr. Ducey to run.A parade of prominent Republican leaders, including former President George W. Bush and Karl Rove as well as Mr. McConnell and his lieutenants, lobbied the Arizona governor, some sharing polling that indicated Mr. Trump’s declining influence in primaries.Gov. Doug Ducey with former President Donald J. Trump in 2020. Mr. Trump has complained about Mr. Ducey’s certification of Joseph R. Biden Jr.’s narrow victory in the state.Doug Mills/The New York TimesThe array of anti-Trump Republicans believed Mr. Ducey, a popular two-term governor and former chief of Cold Stone Creamery, would be their party’s strongest candidate and would also send a message about what they believe is Mr. Trump’s diminishing clout.“MAGA will never accept RINO Governor Doug Ducey of Arizona running for the U.S. Senate,” Mr. Trump said in a statement last month after a Times article detailed the wooing of the governor. “So save your time, money, and energy, Mitch!”In Mr. Ducey’s letter on Thursday, which was first reported by The Arizona Republic, he made no direct mention of Mr. Trump. But the governor did make a point to single out Mr. McConnell, who had been his most ardent pursuer.“The only downside about any of this is that it would be an honor to serve with Senator Mitch McConnell,” he wrote. “I consider him an historic figure and one of the Titans of the Senate, and I am supportive of everything he’s doing to elect Republican senators and wrest back control from Chuck Schumer.”Mr. Ducey, who became close to Mr. McConnell when the two collaborated on who would be appointed to fill Mr. McCain’s seat after his death in 2018, also indicated in the letter that he was considering “perhaps weighing in” with an endorsement in the Senate primary.For his part, Mr. Trump has not formally intervened in the primary — at least not in support of a candidate. More

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    Jan. 6 Committee Lays Out Potential Criminal Charges Against Trump

    In a court filing, the panel said there was enough evidence to suggest that the former president might have engaged in a criminal conspiracy as he fought to remain in office.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol said on Wednesday that there was enough evidence to conclude that former President Donald J. Trump and some of his allies might have conspired to commit fraud and obstruction by misleading Americans about the outcome of the 2020 election and attempting to overturn the result.In a court filing in a civil case in California, the committee’s lawyers for the first time laid out their theory of a potential criminal case against the former president. They said they had accumulated evidence demonstrating that Mr. Trump, the conservative lawyer John Eastman and other allies could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.The filing also said the men might have broken a common law statute against fraud through Mr. Trump’s repeated lies that the election had been stolen.The filing disclosed only limited new evidence, and the committee asked the judge in the civil case to review the relevant material behind closed doors. In asserting the potential for criminality, the committee largely relied on the extensive and detailed accounts already made public of the actions Mr. Trump and his allies took to keep him in office after his defeat.The committee added information from its more than 550 interviews with state officials, Justice Department officials and top aides to Mr. Trump, among others. It said, for example, that Jason Miller, Mr. Trump’s senior campaign adviser, had said in a deposition to the committee that Mr. Trump had been told soon after Election Day by a campaign data expert “in pretty blunt terms” that he was going to lose, suggesting that Mr. Trump was well aware that his months of assertions about a stolen election were false.The evidence gathered by the committee “provides, at minimum, a good-faith basis for concluding that President Trump has violated” the obstruction count, the filing, written by Douglas N. Letter, the general counsel of the House, states, adding: “The select committee also has a good-faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy to defraud the United States.”The filing said that a “review of the materials may reveal that the president and members of his campaign engaged in common law fraud in connection with their efforts to overturn the 2020 election results.”Representatives of Mr. Trump and Mr. Eastman did not immediately respond to requests for comment.The panel, which is controlled by Democrats, is a legislative committee and has no authority to charge the former president — or anyone else — with a crime.But the filing contains the clearest indication yet about the committee’s direction as it weighs making a criminal referral to the Justice Department against Mr. Trump and his allies, a step that could put pressure on Attorney General Merrick Garland to take up the case. The Justice Department has so far said little of substance about whether it might ultimately pursue a case.The filing laid out a sweeping if by now well-established account of the plot to overturn the election, which included false claims of election fraud, plans to put forward pro-Trump “alternate” electors, pressure various federal agencies to find irregularities and ultimately push Vice President Mike Pence and Congress to exploit the Electoral Count Act to keep a losing president in power.“As the president and his associates propagated dangerous misinformation to the public,” the filing said, Mr. Eastman “was a leader in a related effort to persuade state officials to alter their election results based on these same fraudulent claims.”The court filing stemmed from a lawsuit filed by Mr. Eastman, who is trying to persuade a judge to block the committee’s subpoena for documents in his possession, claiming “a highly partisan” invasion of his privacy. The committee issued a subpoena to Mr. Eastman in January, citing a memo he wrote laying out how Mr. Trump could use the vice president and Congress to try to invalidate the 2020 election results.As part of the suit, Mr. Eastman sought to shield from release documents he said were covered by attorney-client privilege. In response, the committee argued — under the legal theory known as the crime-fraud exception — that the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Mr. Eastman then argued the committee had offered “no evidence” of the existence of a crime-fraud exception, prompting the committee’s latest filing.“The evidence supports an inference that President Trump, plaintiff and several others entered into an agreement to defraud the United States by interfering with the election certification process, disseminating false information about election fraud, and pressuring state officials to alter state election results and federal officials to assist in that effort,” the filing states.It also made reference to a recent ruling in a civil suit in Washington, D.C., in which Judge Amit P. Mehta of the Federal District Court found that it was “plausible to believe that the president entered into a conspiracy with the rioters on Jan. 6, 2021.”“In addition to the legal effort to delay the certification, there is also evidence that the conspiracy extended to the rioters engaged in acts of violence at the Capitol,” the filing said.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Subpoenaed lawyers. More

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    Will Asian Americans Bolt From the Democratic Party?

    Over the past three decades, Asian American voters — according to Pew, the fastest growing group in the country — have shifted from decisively supporting Republicans to becoming a reliably Democratic bloc, anchored by firmly liberal views on key national issues.The question now is whether this party loyalty will withstand politically divisive developments that appear to pit Asian Americans against other key Democratic constituencies — as controversies emerge, for example, over progressive education policies that show signs of decreasing access to top schools for Asian Americans in order to increase access for Black and Hispanic students.There is little question of the depth of liberal commitments among Asian Americans.“Do Asian Americans, a group marked by crosscutting demographic cleavages and distinct settlement histories, constitute a meaningful political category with shared policy views?” ask Janelle Wong, a professor of American studies at the University of Maryland, and Sono Shah, a computer scientist at the Pew Research Center, in their 2021 paper “Convergence Across Difference: Understanding the Political Ties That Bind with the 2016 National Asian American Survey.”Their answer: “Political differences within the Asian American community are between those who are progressive and those who are even more so.”Wong and Shah cite a 2016 New York Times article by my news-side colleague Jeremy W. Peters, “Donald Trump Is Seen as Helping Push Asian Americans Into Democratic Arms”:In 1992, the year national exit polls started reporting Asian American sentiment, the group leaned Republican, supporting George Bush over Bill Clinton 55 percent to 31 percent. But by 2012, that had reversed. Asian Americans overwhelmingly supported President Obama over Mitt Romney — 73 percent to 26 percent.In their paper, Wong and Shah note that “despite critical differences in national origin, generation, class, and even partisanship, Asian Americans demonstrate a surprising degree of political commonality.”With regard to taxes, for example, “More than 75 percent of both Asian American Democrats and Republicans support increasing taxes on the rich to provide a tax cut for the middle class.”Or take support for strong emissions regulations to address environmental concerns. This has 78.3 percent support among Asian American Democrats and 76.9 percent among Asian American Republicans.In a 2021 paper, “Fault Lines Among Asian Americans,” Sunmin Kim — a sociologist at Dartmouth — found that Asian Americans took decisively liberal stands on Obamacare, admission of Syrian refugees, free college tuition, opposition to the Muslim immigration ban, environmental restrictions on power plants and government assistance to Black Americans. The only exception was legalization of marijuana, which received less support from Asian Americans than from any other group.In an email, Kim cited the declining importance of communism as a key factor in the changing partisan allegiance of Asian American voters. In the 1970s and 80s, he said, “Taiwanese, Koreans, and Vietnamese chose the party that had a reputation of being tougher on communism. Obviously, it was the Republican Party. Chinese immigrants, many of whom retained the memory of the Cultural Revolution, were not too different.” After the 1990s, he continued, “the children of immigrants who grew up and received education in the United States replace the first generation, and their outlook on politics is much different from their parents. They see themselves as a racial minority, and their high education level pushes them towards liberalism on many issues.”In short, Kim wrote: “the Cold War ended and a generational shift occurred.”Despite many shared values, there are divergences of opinion among Asian Americans on a number of issues, in part depending on the country of origin. These differences are clear in the results of the 2020 Asian American Voter Survey, which was released in September 2020.Asked for their preference for Joe Biden or Donald Trump, 54 percent of all Asian Americans chose Biden to 30 percent for Trump. Biden had majority support from Indian (65-28), Japanese (61-24), Korean (57-26), Chinese (56-20) and Filipino Americans (52-34). Vietnamese Americans were the lone exception, supporting Trump 48-36.At the moment, affirmative action admissions policies are a key issue testing Asian American support for the Democratic Party. In educational institutions as diverse as Harvard, San Francisco’s Lowell High School, Loudon County’s Thomas Jefferson High School and the most prestigious selective high schools in New York and Boston, conflict over educational resources between Asian American students and parents on one side and Black and Hispanic students and parents on the other has become endemic. Policies designed to increase Black and Hispanic access to high quality schools often result in a reduction in the number of Asian American students admitted.Despite this, the 2020 Asian American Voter Survey cited above found that 70 percent of Asian Americans said they “favor affirmative action programs designed to help Blacks, women and other minorities,” with 16 percent opposed. Indian Americans were strongest in their support, 86-9, while Chinese Americans were lowest, 56-25.These numbers appear to mask considerable ambivalence over affirmative action among Asian Americans when the question was posed not in the abstract but in the real world. In 1996, California voters approved Proposition 209 prohibiting government from implementing affirmative action policies, declaring that “The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”In 2020, California voters were asked to support or oppose repeal of the anti-affirmative action measure — that is, to restore affirmative action. 36 percent of all Asian American voters said they would support restoration of affirmative action, 22 percent were opposed and 36 percent were undecided. A plurality of Chinese Americans, 38 percent, on the other hand, opposed restoration of affirmative action, 30 percent were in favor, and 28 percent were undecided.The debate over affirmative action admission policies has deep roots. In 2009, Thomas J. Espenshade, a sociologist at Princeton, and Alexandria Walton Radford, of the Center for Applied Research in Postsecondary Education, wrote in their paper. “A New Manhattan Project” thatCompared to white applicants at selective private colleges and universities, black applicants receive an admission boost that is equivalent to 310 SAT points, measured on an all-other-things-equal basis. The boost for Hispanic candidates is equal on average to 130 SAT points. Asian applicants face a 140 point SAT disadvantage.In 2018, the Harvard Crimson studied the average SAT scores of students admitted to Harvard from 1995 to 2013. It found that Asian Americans admitted to Harvard earned an average SAT score of 767 across all sections, while whites averaged 745 across all sections, Hispanic American 718, Native-American and Native-Hawaiian 712 and African-American 704.Scholars of Asian American politics have found that Asian American voters have remained relatively strong supporters of affirmative action policies, with one exception: Chinese Americans, who constitute nearly a quarter of all Asian Americans.In “Asian Americans and Race-Conscious Admissions: Understanding the Conservative Opposition’s Strategy of Misinformation, Intimidation & Racial Division,” Liliana M. Garces and OiYan Poon, professors of educational leadership at the University of Texas-Austin and Colorado State University, give the following reasons for the concentration of anti-affirmative action sentiment among Chinese Americans.Garces and Poon write that 1990 changes in the U.S. Immigration Act “increased by threefold the number of visas for highly skilled, professional-class immigrants, privileging highly educated and skilled immigrants” while “migration policy changes in China advantaged more structurally-privileged Chinese to emigrate.”Second, “growing up in mainland China, many of these more recent Chinese American immigrants were systemically and culturally socialized to strongly believe that a single examination is a valid measure of merit for elite college access.”Third, “The residential and employment patterns among more recent immigrants suggest that their social lives remain limited to middle and upper-middle class Chinese American immigrants and whites.”And finally,The social media platform, WeChat, plays an important role in fostering opposition to affirmative action among some Chinese American immigrants. Some studies have found that WeChat plays a central role in the distribution of information among the Chinese diasporic community, including fake news, to politically motivate and organize Chinese immigrants for conservative causes, especially against affirmative action and ethnic data disaggregation.Another issue with the potential to push Asian American voters to the right is crime.The 2018 Crime Victimization report issued in September 2019 by the Bureau of Justice Statistics in the Department of Justice found that a total of 182,230 violent crimes were committed against Asian Americans in 2018. 27.5 percent were committed by African Americans, 24.1 percent by whites, 24.1 percent by Asian Americans, 7.0 percent by Hispanics, and the rest undetermined.The New York City police report on 2021 hate crime arrestees shows that 30 of the 56 men and women charged with hate crimes against Asian Americans were Black, 14 were Hispanic, 7 were white and five were Asian American/Pacific Islanders.While most of the experts on Asian American politics I contacted voiced confidence in the continued commitment of Asian Americans to the Democratic Party and its candidates, there were some danger signals — for example, in the 2021 New York City mayoral election.That year, Eric Adams, the Democrat, decisively beat Curtis Sliwa, the Republican, 65.5 to 27.1, but support for Sliwa — an anti-crime stalwart who pledged to take on “the spineless politicians who vote to defund police” — shot up to 44 percent “in precincts where more than half of residents are Asian,” according to The City.The story was headlined “Chinese voters came out in force for the GOP in NYC, shaking up politics” and the subhead read “From Sunset Park in Brooklyn to Elmhurst and Flushing in Queens, frustrations over Democratic stances on schools and crime helped mobilize votes for Republican Curtis Sliwa for mayor and conservative Council candidates.”A crucial catalyst in the surge of support for Sliwa, according to The City, was his “proposed reforms to specialized high school admissions and gifted and talented programs” — ignoring the fact that Adams had also pledged to do this. More generally, the City reported,A wave of hate crimes targeting Asian Americans during the pandemic has heightened a sense of urgency about public safety and law enforcement. Asian anger and frustration have, for the first time, left a visible dent in a city election.Grace Meng, a Democratic congresswoman from Queens, tweeted on Nov. 4, 2021:Pending paper ballot counts, the assembly districts of @nily, @edbraunstein, @Barnwell30, @Rontkim and @Stacey23AD all went Republican. Our party better start giving more of a sh*t about #aapi (Asian American-Pacific Island) voters and communities. No other community turned out at a faster pace than AAPIs in 2020.Similarly, Asian Americans led the drive to oust three San Francisco School Board members — all progressive Democrats — last month. As Times colleague Amelia Nierenberg wrote on Feb. 16:The recall also appeared to be a demonstration of Asian American electoral power. In echoes of debates in other cities, many Chinese voters were incensed when the school board changed the admission system for the district’s most prestigious institution, Lowell High School. It abolished requirements based primarily on grades and test scores, instead implementing a lottery system.In their March 2021 paper, “Why the trope of Black-Asian conflict in the face of anti-Asian violence dismisses solidarity,” Jennifer Lee and Tiffany Huang, sociologists at Columbia and the University of Pennsylvania, point out that “there have been over 3,000 self-reported incidents of anti-Asian violence from 47 states and the District of Columbia, ranging from stabbings and beatings, to verbal harassment and bullying, to being spit on and shunned.”While “these senseless acts of anti-Asian violence have finally garnered the national attention they deserve,” Lee and Huang continue, “they have also invoked anti-Black sentiment and reignited the trope of Black-Asian conflict. Because some of the videotaped perpetrators appear to have been Black, some observers immediately reduced anti-Asian violence to Black-Asian conflict.”Working against such Black-Asian conflict, the two authors argue, is a besieged but “real-world solidarity” demonstrated instudies showing that Black Americans are more likely than white or Hispanic Americans to recognize racism toward Asian Americans, and that Asian Americans who experience discrimination are more likely to recognize political commonality with Black Americans. Covid-related anti-Asian bias is not inevitable. While “China virus” rhetoric has been linked to violence and hostility, new research shows that priming Americans about the coronavirus did not increase anger among the majority of Americans toward Asian Americans.Lee and Huang warn, however, that “anger among a minority has invoked fear among the majority of Asian Americans.”In “Asian Americans, Affirmative Action & the Rise in Anti-Asian Hate,” published in the Spring 2021 issue of Daedalus, a journal of the American Academy of Arts & Sciences, Lee makes the case that Asian American are at a political tipping point. She argues that:The changing selectivity of contemporary U.S. Asian immigration has recast Asian Americans from ‘unassimilable to exceptional,’ resulting in their rapid racial mobility. This mobility combined with their minoritized status places them in a unique group position in the U.S. racial hierarchy, conveniently wedged between underrepresented minorities who stand to gain most from the policy (affirmative action) and the advantaged majority who stands to lose most because of it. It also marks Asians as compelling victims of affirmative action who are penalized because of their race.In recent years, “a new brand of Asian immigrants has entered the political sphere whose attitudes depart from the Asian American college student activists of the 1960s,” Lee writes. “This faction of politically conservative Asian immigrants has no intention of following their liberal-leaning predecessors, nor do they intend to stay silent.”The issue is “whether more Asian Americans will choose to side with conservatives,” Lee writes, “or whether they will choose to forge a collective Asian American alliance will depend on whether U.S. Asians recognize and embrace their ethnic and class diversity. Will they forge a sense of linked fate akin to that which has guided the political attitudes and voting behavior of Black Americans?”The outcome may well have a major impact on the balance of power between Democrats and Republicans.Catalyst, the liberal voter analysis firm, found that from 2016 to 2020, Asian Americans increased their voter turnout by 39 percent, more than any other racial or ethnic constituency, including Hispanic Americans (up 31 percent) and African Americans (up 14 percent). This turnout increase worked decisively in favor of the Democratic Party as Asian Americans voted two to one for the party in both elections.The April 2021 Pew Research report cited above found that from 2000 to 2019, “The Asian population in the U.S. grew 81 percent from roughly 10.5 million to a record 18.9 million, surpassing the 70 percent growth rate of the nation’s Hispanic population. Furthermore, by 2060, the number of U.S. Asians is projected to rise to 35.8 million, more than triple their 2000 population.”What this means is that Republicans are certain to intensify their use affirmative action, crime, especially hate crime, and the movement away from merit testing to lotteries for admission to high caliber public schools as wedge issues to try to pry Asian American voters away from the Democratic Party. Indeed, they are already at it. For its part, the Democratic Party will need to add significant muscle to Jennifer Lee’s call for a “linked fate” among Asian and African Americans to fend off the challenge.The strong commitment of Asian Americans to education has been a source of allegiance to a Democratic Party that has become the preferred home for voters with college and advanced degrees. The progressive wing of the Democratic Party is, at the same time, testing the strength of that allegiance by supporting education policies that reduce opportunities for Asian Americans at elite schools while increasing opportunity for two larger Democratic constituencies, made up of Black and Hispanic voters. This is the kind of problem inherent in a diverse coalition comprising a segmented electorate with competing agendas. For the foreseeable future, the ability of the party to manage these conflicts will be a key factor in its success or failure.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