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    Civil Liberties Make for Strange Bedfellows

    Last Thursday, Sonia Sotomayor helped protect the country from Donald Trump, and she did it in an unexpected way — by defending the National Rifle Association.Let me explain.Attempts to target the free speech of political opponents are often the first sign of a decline into authoritarianism. As Frederick Douglass wrote in 1860, after an angry mob shut down an abolitionist event in Boston, “No right was deemed by the fathers of the Government more sacred than the right of speech.”“Liberty,” he went on, “is meaningless where the right to utter one’s thoughts and opinions has ceased to exist. That, of all rights, is the dread of tyrants. It is the right which they first of all strike down.”That’s exactly right, and that’s why Sonia Sotomayor’s opinion for a unanimous Supreme Court upholding the free speech rights of the N.R.A. against a hostile attack from a Democratic official in New York has ramifications well beyond New York politics and well beyond the battle over gun rights. By upholding the free speech rights of the N.R.A., the Supreme Court reinforced the constitutional wall of protection against vengeful government leaders, including Trump.Here’s what happened. In 2017, Maria Vullo, who was then the superintendent of the New York State Department of Financial Services, began investigating the N.R.A. Carry Guard insurance program. As the court’s opinion explains, Carry Guard was an insurance affinity program in which the N.R.A. offered insurance that “covered personal-injury and criminal-defense costs related to licensed firearm use” and even “insured New York residents for intentional, reckless and criminally negligent acts with a firearm that injured or killed another person.”Under the affinity program, the N.R.A. would offer the insurance as a member benefit and various insurance companies, including Chubb Limited and Lloyd’s of London, would underwrite the insurance and the N.R.A. would take a cut of the premium payments.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    A Felon in the Oval Office Would Test the American System

    The system of checks and balances established in the Constitution was meant to hold wayward presidents accountable, but some wonder how it will work if the next president is already a felon.The revolutionary hero Patrick Henry knew this day would come. He might not have anticipated all the particulars, such as the porn actress in the hotel room and the illicit payoff to keep her quiet. But he feared that eventually a criminal might occupy the presidency and use his powers to thwart anyone who sought to hold him accountable. “Away with your president,” he declared, “we shall have a king.”That was exactly what the founders sought to avoid, having thrown off the yoke of an all-powerful monarch. But as hard as they worked to establish checks and balances, the system they constructed to hold wayward presidents accountable ultimately has proved to be unsteady.Whatever rules Americans thought were in place are now being rewritten by Donald J. Trump, the once and perhaps future president who has already shattered many barriers and precedents. The notion that 34 felonies is not automatically disqualifying and a convicted criminal can be a viable candidate for commander in chief upends two and a half centuries of assumptions about American democracy.And it raises fundamental questions about the limits of power in a second term, should Mr. Trump be returned to office. If he wins, it means he will have survived two impeachments, four criminal indictments, civil judgments for sexual abuse and business fraud, and a felony conviction. Given that, it would be hard to imagine what institutional deterrents could discourage abuses or excesses.Moreover, the judiciary may not be the check on the executive branch that it has been in the past. If no other cases go to trial before the election, it could be another four years before the courts could even consider whether the newly elected president jeopardized national security or illegally sought to overturn the 2020 election, as he has been charged with doing. As it is, even before the election, the Supreme Court may grant Mr. Trump at least some measure of immunity.Mr. Trump would still have to operate within the constitutional system, analysts point out, but he has already shown a willingness to push its boundaries. When he was president, he claimed that the Constitution gave him “the right to do whatever I want.” After leaving office, he advocated “termination” of the Constitution to allow him to return to power right away without another election and vowed to dedicate a second term to “retribution.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Here’s Where Trump’s Other Cases Stand

    After being convicted in a Manhattan courtroom, the former president still faces charges in three criminal prosecutions, all of which are tangled up in procedural delays.Former President Donald J. Trump’s criminal trial in Manhattan came to an end this week when a jury found him guilty of 34 counts of falsifying business records in an effort to cover up a sex scandal that threatened to upset his 2016 presidential campaign.But Mr. Trump is still facing federal charges, brought by a special counsel, in two cases: one in Florida, where he is accused of illegally holding on to classified documents after leaving office and obstructing government efforts to retrieve them, and one in Washington, D.C., where he’s accused of plotting to overturn the results of the 2020 election. He faces similar election-tampering charges in a third case brought by a local prosecutor in Georgia.The proceedings — all of which are bogged down in delays — can be confusing to keep track of. Here are updates on where each of them stands.Federal Documents CaseThe federal indictment against Mr. Trump in the documents case.Jon Elswick/Associated PressIn this case, Mr. Trump is accused of illegally holding on to a large amount of sensitive national security material after leaving office and then plotting to obstruct repeated efforts by the government to get it back. The charges were brought by Jack Smith, the special counsel appointed to oversee the federal investigations into Mr. Trump.The case is tied up in efforts by Mr. Trump’s lawyers to have the charges against him dismissed before they go to trial. To that end, the lawyers have filed a barrage of motions attacking the indictment on a number of grounds. Those include claims that Mr. Smith was improperly appointed to his job and that he filed the charges as part of a politicized effort to harm Mr. Trump.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Rudy Giuliani Holds 80th Birthday Amid Many Woes

    The indicted and increasingly isolated former New York mayor celebrated his birthday over pasta and meatballs. Donald J. Trump sent a video.Consider this Midtown split screen.Donald J. Trump on Friday appeared in the lobby of the gilded Fifth Avenue tower that bears his name to crow about the affection and campaign cash that have poured in since his conviction on 34 felonies.A few blocks away, at an Italian restaurant on East 56th Street, his former lawyer, Rudolph W. Giuliani, was having a party for his 80th birthday. There was little to celebrate. Mr. Giuliani’s run-ins with the law have left his life and finances in tatters.As he left a previous party celebrating the same birthday, he was served notice of his indictment in an Arizona election-interference case. He has also been indicted in Georgia in connection to his efforts to overturn the 2020 election.Mr. Giuliani has filed for bankruptcy and owes two Georgia women a $148 million judgment from a defamation case. He is relying on a 9/11 charity as one of his last financial lifelines. Mr. Trump has done little to help with his legal bills.Earlier that very day, a board that oversees lawyer discipline in Washington recommended that Mr. Giuliani be disbarred.A little after 6 p.m., he stepped out of a Dodge Durango, helped along by a security detail, and into the restaurant, Amata, a white table-clothed, red-sauce joint owned by the brother-in-law of Anthony Carbonetti, the former mayor’s chief of staff at City Hall, who attended the party.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Why Trump’s Speech After His Guilty Verdict Was All Business, No Politics

    In his post-verdict remarks, the former president sounded less like a political martyr than like a motorist trying to talk his way out of a speeding ticket.The way to evaluate a political speech — I mean as a literary critic, not as a pundit or a partisan — is to examine how the rhetoric rises to the occasion. Does the moment demand gravity or transcendence? Humility or defiance? Do the speaker’s words answer the call of history?In the case of Donald J. Trump’s 33-minute address in the lobby of Trump Tower on Friday, the occasion was both bizarre and momentous. A former president on the brink of becoming, for the third time in a row, the nominee of his party, stood convicted of 34 felonies. That nothing remotely similar has ever happened before is sufficient to guarantee the speech a place in the annals of American political discourse.As text and performance, though, the thing was kind of a slog. Mr. Trump has never been an orderly orator or a methodical builder of arguments; he riffs and extemporizes, free-associates and repeats himself, straying from whatever script may be at hand. He did some of that on Friday, but his manner was subdued. The matter was also curiously flat: a rehash of the trial, with a few gestures toward the larger political stakes.The persona Mr. Trump presented on Friday was that of an aggrieved New York businessman — a Trump that seemed like a throwback to an earlier, pre-MAGA era. He didn’t sound like a candidate in campaign mode. The showboating populism that he brings to his rallies — the mix of piety and profanity that gets the crowds going — was hardly in evidence.It’s true that he began and ended with familiar tropes and themes, painting a grim picture of a declining, crime-ridden American overrun by foreigners (some speaking languages “that we haven’t even heard of”). He framed his legal troubles as an assault on the Constitution and used religious imagery to depict what had happened in the courtroom. Some witnesses were “literally crucified” by the judge, Juan Merchan, “who looks like an angel, but he’s really a devil.”As a longtime journalist (and lifelong pedant), I’m compelled to point out that nobody was literally crucified. And as a student of Renaissance love poetry, I’m tempted to linger over Mr. Trump’s oddly tender description of the “highly conflicted” judge: “He looks so nice and soft.” A citizen looking for campaign issues might find some boilerplate in a peroration that conjured images of Venezuela and Congo emptying their prisons and asylums onto America’s streets, of Little League ball fields swamped by migrant encampments, of “record levels of terrorists” flooding the country.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Holy Cow, 34 for 45!

    WASHINGTON — At Nativity grade school, we grew up steeped in the lore — and gore — of martyrs. For their brave deeds and words, these men and women were stoned, crucified, beheaded, stripped of all their skin, shot with arrows and cooked alive on a red-hot griddle.So I’m a little surprised my siblings would somehow put Donald Trump in those martyrs’ sainted company.My sister and brother, disturbed by Trump’s constant chaos and slashing insults, saw their hopes for Ron DeSantis or Nikki Haley evaporate.I called my Republican sibs Friday to see if hearing the word “guilty” ring out 34 times in a New York courtroom had finally severed them from Trump; they are, after all, children of a police detective.My sister, Peggy, said she couldn’t sleep all night.“You decided you can’t vote for a felon?” I asked.“I wasn’t going to vote for Trump,” she said. “But now I am because I thought this whole thing was a sham.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Trump and Allies Assail Conviction With Faulty Claims

    After former President Donald J. Trump was found guilty, he and a number of conservative figures in the news media and lawmakers on the right have spread false and misleading claims about the Manhattan case.After former President Donald J. Trump was found guilty of all 34 felony counts of falsifying business records, he instantly rejected the verdict and assailed the judge and criminal justice system.His loyalists in the conservative news media and Congress quickly followed suit, echoing his baseless assertions that he had fallen victim to a politically motivated sham trial.The display of unity reflected the extent of Mr. Trump’s hold over his base.The former president and his supporters have singled out the judge who presided over the case, denigrated the judicial system and distorted the circumstances of the charges against him and his subsequent conviction.Here’s a fact check of some of their claims.What Was Said“We had a conflicted judge, highly conflicted. There’s never been a more conflicted judge.”— Mr. Trump in a news conference on Friday at Trump Tower in ManhattanThis is exaggerated. For over a year, Mr. Trump and his allies have said Justice Juan M. Merchan should not preside over the case because of his daughter’s line of work. Loren Merchan, the daughter, served as the president of a digital campaign strategy agency that has done work for many prominent Democrats, including Mr. Biden’s 2020 campaign.Experts in judicial ethics have said Ms. Merchan’s work is not sufficient grounds for recusal. When Mr. Trump’s legal team sought his recusal because of his daughter, Justice Merchan sought counsel from the New York State Advisory Committee on Judicial Ethics, which said it did not see any conflict of interest.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    How Trump’s Most Loyal Supporters Are Responding to the Verdict

    Many saw in the jury’s finding a rejection of themselves, of their values and even of democracy itself. The sense of grievance erupted as powerfully as the verdict itself.From the low hills of northwest Georgia to a veterans’ retreat in Alaska to suburban New Hampshire, the corners of conservative America resounded with anger over the New York jury’s declaration that former President Donald J. Trump was guilty.But their discontent was about more than the 34 felony counts that Mr. Trump was convicted on, which his supporters quickly dismissed as politically motivated.They saw in the jury’s finding a rejection of themselves, and the values they believed their nation should uphold. Broad swaths of liberal America may have found long-awaited justice in the trial’s outcome. But for many staunch Trump loyalists — people who for years have listened to and believed Mr. Trump’s baseless claims that the system is rigged against him, and them — the verdict on Thursday threatened to shatter their faith in democracy itself.“We are at that crossroads. The democracy that we have known and cherished in this nation is now threatened,” Franklin Graham, the evangelist, said in an interview from Alaska. “I’ve got 13 grandchildren. What kind of nation are we leaving them?”Echoing him was Marie Vast, 72, of West Palm Beach, Fla., near Mr. Trump’s Mar-a-Lago home. “I know a lot of people who say they still believe in our government,” she said, “but when the Democrats can manipulate things this grossly, and use the legal system as a tool to get the outcome they want, the system isn’t working.”Among more than two dozen people interviewed across 10 states on Friday, the sentiments among conservatives were so strong that they echoed the worry and fear that many progressives described feeling after the Supreme Court overturned Roe v. Wade almost two years ago.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More