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      The Far-Reaching Consequences of the Latest Trump Indictment

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      The latest charges against Donald Trump amount to “the most consequential of all the indictments filed so far,” the Opinion columnist David French argues in this audio essay. On Tuesday, the former president was indicted on four federal counts related to his efforts to overturn the 2020 election, efforts that were part of what French calls “one of the most malicious conspiracies in American history.” Despite this, the case, which hinges on proving Trump’s intent, may not be a slam dunk.Christopher Smith for The New York TimesThe 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.This Opinion Short was produced by Vishakha Darbha. It was edited by Kaari Pitkin and Annie-Rose Strasser. Mixing by Pat McCusker. Original music by Pat McCusker and Carole Sabouraud. Fact-checking by Mary Marge Locker. Audience strategy by Shannon Busta and Kristina Samulewski. More

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      How Rudy Giuliani Became Co-Conspirator 1 in the Trump Indictment

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      Referred to as “Co-Conspirator 1” in the indictment of Donald Trump, the former prosecutor, mayor and presidential lawyer faces an uncertain legal future.Rudolph W. Giuliani is Co-Conspirator 1.Mr. Giuliani, the crime-fighter who rose from a federal prosecutor’s office to lead New York City at its moment of deepest crisis, is not named in the indictment that was filed Tuesday accusing his former client, Donald J. Trump, of plotting to overturn the 2020 election.But Co-Conspirator 1, who Mr. Giuliani’s lawyer acknowledged appeared to be his client, figures in each of the three conspiracies it alleges took place — leaving open the possibility that Mr. Giuliani could be charged himself.The next chapter in his long public life will now be written by the special counsel who filed the indictment, Jack Smith, who can prosecute him, pressure him into cooperating or leave him dangling, potentially to be indicted by a district attorney investigating election interference in Georgia.The former mayor who made his name as a lawman now faces a reckoning with the law.Mr. Giuliani’s relationship with Mr. Trump hangs in the balance. A person close to Mr. Trump who spoke confidentially to describe a private relationship said that while they don’t speak regularly, the former president retains a fondness for Mr. Giuliani born from his stint as mayor, when the two dealt with each other often.But in recent years, their relationship has been on uneven footing as the former president had refused to pay his former lawyer’s legal bills amid mounting legal troubles for both, infuriating Mr. Giuliani’s allies. The former president had told advisers that he did not want Mr. Giuliani to be reimbursed, The New York Times reported.This year, filings suggest, Mr. Trump’s super PAC paid a legal vendor working on Mr. Giuliani’s behalf. The $340,000 payment was made weeks before Mr. Giuliani met voluntarily with Mr. Smith’s office — a meeting that took place under a proffer agreement, in which prosecutors consent to not use any statements during an interview in criminal proceedings unless it is determined that the subject was lying. The agreement does not mean that prosecutors will not charge Mr. Giuliani, nor does it indicate they will seek his cooperation.The payment appeared to bail Mr. Giuliani out of a difficult financial situation. Before it was made, he had told the federal judge presiding over a defamation lawsuit filed against him by two Georgia election workers that he could not afford to pay some of his legal expenses.Tuesday’s indictment, filed in Federal District Court in Washington, details five ways in which six co-conspirators aided Mr. Trump. The attempts begin with efforts to persuade state officials — sometimes by using threats — to overturn the legitimate vote so that false electors could deliver their support to Mr. Trump in the Electoral College. They end with attempts to flip the result even after the attack on the U.S. Capitol on Jan. 6, 2021.Mr. Giuliani, 79, was involved in every step, the indictment says. He bullied and cajoled officials in Arizona, Georgia, Pennsylvania and Wisconsin; helped convene slates of fraudulent electors to cast ballots for Mr. Trump; falsely claimed that Vice President Mike Pence had the power to overturn the election; and, finally, called lawmakers after the attack on the Capitol, asking that they delay the election’s certification.Mr. Giuliani became one of Mr. Trump’s foremost political defenders after the 2020 election.Erin Schaff/The New York TimesOn Tuesday, Mr. Giuliani’s lawyer, Robert J. Costello, said that his client appeared to be the person identified as Co-Conspirator 1 before blasting the indictment, saying it “eviscerates the First Amendment” and was meant to disrupt Mr. Trump’s third presidential campaign.“Every fact that Mayor Giuliani possesses about this case establishes the good-faith basis President Donald Trump had for the action that he took,” Mr. Costello said.“This indictment underscores the tragic reality of our two-tiered justice system — one for the regime in power and the other for anyone who dares to oppose the ruling regime,” Ted Goodman, political adviser to Mr. Giuliani, said on Wednesday.By this stage of his alliance with the former president, Mr. Giuliani is used to legal trouble.The two men have known each other for decades. After serving in the Reagan Justice Department, Mr. Giuliani in 1983 became the U.S. attorney for the Southern District of New York, one of the most prominent legal posts in the government. There, he focused on disrupting organized crime, zeroing in on the five Mafia families of New York. At the same time, Mr. Trump was leveraging his real estate empire to burnish his tabloid celebrity.The men shared a thirst for public attention and a harsh law-and-order politics that kept them aligned after Mr. Giuliani was elected mayor in 1993.His leadership after the Sept. 11 attacks briefly vaulted Mr. Giuliani to the pinnacle of American public life; he was named Time magazine’s person of the year, his leadership compared to that of Winston Churchill. But after Mr. Giuliani left office at the end of 2001 he sank toward irrelevancy, a decline reflected in his failed 2008 Republican presidential campaign.When he re-emerged, it was on behalf of Mr. Trump. He was an omnipresent surrogate for the candidate in the final stages of the 2016 campaign and never abandoned Mr. Trump once he became president. In 2018 — despite having been passed over for the position he coveted, secretary of state — Mr. Giuliani began working as a lawyer for Mr. Trump.Tuesday’s indictment accuses Mr. Trump and co-conspirator 1 of attacking the underpinnings of American democracy.Al Drago for The New York TimesBy that time, the president was fighting a first special counsel investigation, led by Robert S. Mueller III, which concerned possible Russian interference in the election. Mr. Giuliani joined the battle with gusto, saying that Mr. Trump was being targeted for his politics.Like several of Mr. Trump’s lawyers, Mr. Giuliani became embroiled in the legal travails of his client. He had tried to push a new Ukrainian president, Volodymyr Zelensky, to investigate Joseph R. Biden Jr. as Mr. Biden emerged as Mr. Trump’s chief rival in the 2020 presidential race. Mr. Giuliani’s dealings in Ukraine prompted federal prosecutors in Manhattan to open an investigation into the man who had once led the office.Mr. Smith has homed in on the aftermath of Mr. Biden’s victory that year. The indictment says that Mr. Trump on Nov. 14, 2020, appointed Mr. Giuliani to “spearhead his efforts going forward to challenge the election results.”Mr. Giuliani took up the mission, meeting with speakers of the house in Arizona and Michigan, asking them to replace their proper electors with groups that would cast votes for Mr. Trump. In all, Mr. Giuliani helped coordinate a scheme to put forward fraudulent slates of electors in seven states, the indictment said.In Georgia, Mr. Giuliani organized a presentation for lawmakers where people claiming to be electoral fraud experts falsely claimed that 10,000 dead people had voted.And after the attack on the U.S. Capitol delayed the certification of the election, Mr. Giuliani helped Mr. Trump lobby lawmakers, unsuccessfully, to keep Mr. Biden out of the White House.When Mr. Trump left office, the legal pressure on Mr. Giuliani escalated.FB.I. agents searched his home and office, seizing cellphones and computers. The federal investigation into Mr. Giuliani’s actions in Ukraine ended in 2022 with no charges, but he was sued by voting machine companies that he claimed had helped engineer Mr. Biden’s victory.In June, his law license was suspended in connection with the statements he made about the 2020 election. Mr. Giuliani’s legal bills piled up. Mr. Trump was declining to pay him even as Fani Willis, the Fulton County district attorney, investigated him for his attempts to overturn the election in Georgia.Soon, Mr. Smith would join her.Maggie Haberman More

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      On Anti-Trumpers and the Modern Meritocracy

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      Donald Trump seems to get indicted on a weekly basis. Yet he is utterly dominating his Republican rivals in the polls, and he is tied with Joe Biden in the general election surveys. Trump’s poll numbers are stronger against Biden now than at any time in 2020.What’s going on here? Why is this guy still politically viable, after all he’s done?We anti-Trumpers often tell a story to explain that. It was encapsulated in a quote the University of North Carolina political scientist Marc Hetherington gave to my colleague Thomas B. Edsall recently: “Republicans see a world changing around them uncomfortably fast, and they want it to slow down, maybe even take a step backward. But if you are a person of color, a woman who values gender equality or an L.G.B.T. person, would you want to go back to 1963? I doubt it.”In this story we anti-Trumpers are the good guys, the forces of progress and enlightenment. The Trumpers are reactionary bigots and authoritarians. Many Republicans support Trump no matter what, according to this story, because at the end of the day he’s still the bigot in chief, the embodiment of their resentments, and that’s what matters to them most.I partly agree with this story; but it’s also a monument to elite self-satisfaction.So let me try another story on you. I ask you to try on a vantage point in which we anti-Trumpers are not the eternal good guys. In fact, we’re the bad guys.This story begins in the 1960s, when high school grads had to go off to fight in Vietnam, but the children of the educated class got college deferments. It continues in the 1970s, when the authorities imposed busing on working-class areas in Boston, but not on the upscale communities like Wellesley where they themselves lived.The ideal that “we’re all in this together” was replaced with the reality that the educated class lives in a world up here, and everybody else is forced into a world down there. Members of our class are always publicly speaking out for the marginalized, but somehow we always end up building systems that serve ourselves.The most important of those systems is the modern meritocracy. We built an entire social order that sorts and excludes people on the basis of the quality that we possess most: academic achievement. Highly educated parents go to elite schools, marry each other, work at high-paying professional jobs and pour enormous resources into our children, who get into the same elite schools, marry each other and pass their exclusive class privileges down from generation to generation.Daniel Markovits summarized years of research in his book “The Meritocracy Trap”: “Today, middle-class children lose out to the rich children at school, and middle-class adults lose out to elite graduates at work. Meritocracy blocks the middle class from opportunity. Then it blames those who lose a competition for income and status that, even when everyone plays by the rules, only the rich can win.”The meritocracy isn’t only a system of exclusion; it’s an ethos. During his presidency Barack Obama used the word “smart” in the context of his policies over 900 times. The implication was that anybody who disagreed with his policies (and perhaps didn’t go to Harvard Law) must be stupid.Over the last decades we’ve taken over whole professions and locked everybody else out. When I began my journalism career in Chicago in the 1980s, there were still some old crusty working-class guys around the newsroom. Now we’re not only a college-dominated profession, we’re an elite-college-dominated profession. Only 0.8 percent of all college students graduate from the super elite 12 schools (the Ivy League colleges, plus Stanford, M.I.T., Duke and the University of Chicago). A 2018 study found that more than 50 percent of the staff writers at the beloved New York Times and The Wall Street Journal attended one of the 29 most elite universities in the nation.Writing in Compact magazine, Michael Lind observes that the upper-middle-class job market looks like a candelabrum: “Those who manage to squeeze through the stem of a few prestigious colleges and universities in their youth can then branch out to fill leadership positions in almost every vocation.”Or, as Markovits puts it, “Elite graduates monopolize the best jobs and at the same time invent new technologies that privilege superskilled workers, making the best jobs better and all other jobs worse.”Members of our class also segregate ourselves into a few booming metro areas: San Francisco, D.C., Austin and so on. In 2020, Biden won only 500 or so counties, but together they are responsible for 71 percent of the American economy. Trump won over 2,500 counties, responsible for only 29 percent. Once we find our cliques, we don’t get out much. In the book “Social Class in the 21st Century,” sociologist Mike Savage and his co-researchers found that the members of the highly educated class tend to be the most insular, measured by how often we have contact with those who have jobs unlike our own.Mark Peterson/Redux, for The New York TimesArmed with all kinds of economic, cultural and political power, we support policies that help ourselves. Free trade makes the products we buy cheaper, and our jobs are unlikely to be moved to China. Open immigration makes our service staff cheaper, but new, less-educated immigrants aren’t likely to put downward pressure on our wages.Like all elites, we use language and mores as tools to recognize one another and exclude others. Using words like problematic, cisgender, Latinx and intersectional is a sure sign that you’ve got cultural capital coming out of your ears. Meanwhile, members of the less-educated classes have to walk on eggshells, because they never know when we’ve changed the usage rules, so that something that was sayable five years ago now gets you fired.We also change the moral norms in ways that suit ourselves, never mind the cost to others. For example, there used to be a norm that discouraged people from having children outside of marriage, but that got washed away during our period of cultural dominance, as we eroded norms that seemed judgmental or that might inhibit individual freedom.After this social norm was eroded, a funny thing happened. Members of our class still overwhelmingly married and then had children within wedlock. People without our resources, unsupported by social norms, were less able to do that. As Adrian Wooldridge points out in his magisterial 2021 book, “The Aristocracy of Talent,” “Sixty percent of births to women with only a high school certificate occur out of wedlock, compared with only 10 percent to women with a university degree.” That matters, Wooldridge continues, because “The rate of single parenting is the most significant predictor of social immobility in the country.”Does this mean that I think the people in my class are vicious and evil? No, most of us are earnest, kind and public spirited. But we take for granted and benefit from systems that have become oppressive. Elite institutions have become so politically progressive in part because the people in them want to feel good about themselves as they take part in systems that exclude and reject.It’s easy to understand why people in less-educated classes would conclude that they are under economic, political, cultural and moral assault — and why they’ve rallied around Trump as their best warrior against the educated class. Trump understood that it’s not the entrepreneurs who seem most threatening to workers; it’s the professional class. Trump understood that there was great demand for a leader who would stick his thumb in our eyes on a daily basis and reject the whole epistemic regime that we rode in on.If distrustful populism is your basic worldview, the Trump indictments seem as just another skirmish on the class war between the professionals and the workers, another assault by a bunch of coastal lawyers who want to take down the man who most aggressively stands up to them. Of course, the indictments don’t cause Trump supporters to abandon him. They cause them to become more fiercely loyal. That’s the polling story of the last six months.Are Trump supporters right that the indictments are just a political witch hunt? Of course not. As a card-carrying member of my class, I still basically trust the legal system and the neutral arbiters of justice. Trump is a monster in the way we’ve all been saying for years and deserves to go to prison.But there’s a larger context here. As the sociologist E. Digby Baltzell wrote decades ago, “History is a graveyard of classes which have preferred caste privileges to leadership.” That is the destiny our class is now flirting with. We can condemn the Trumpian populists all day until the cows come home, but the real question is when will we stop behaving in ways that make Trumpism inevitable.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Why Jack Smith Had to Bring This Indictment Against Trump

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      Donald Trump has now been indicted three times, accused of crimes occurring before, during and after his presidency. The latest indictment alleges facts from all quarters to prove his criminality: from the vice president to the White House counsel and the heads of the Justice Department, the Department of Homeland Security and the Office of National Intelligence, as well as many others. All are Republican loyalists.But the indictment does more: It skillfully avoids breathing air into a Trump claim of selective prosecution. To not have brought this case against Mr. Trump would have been an act of selective nonprosecution. The Justice Department has already charged and obtained convictions for myriad foot soldiers related to the attack on the Capitol on Jan. 6, 2021, including charging well over 300 people for obstructing the congressional proceedings. In this indictment, the special counsel Jack Smith wisely brings that same charge, but now against the alleged leader of the effort to thwart the transfer of power.That charge of obstruction and conspiracy to defraud the United States in the administration of elections are entirely fitting for the conduct alleged in the indictment. In a civil case last year, the Federal District Court judge David Carter held that Mr. Trump and John Eastman likely engaged in a criminal conspiracy under both those statutes in their schemes to organize false electors and pressure the vice president. Mr. Smith has now said he can prove the same conduct beyond a reasonable doubt.Although the Jan. 6 select committee referred Mr. Trump for investigation for inciting an insurrection, Mr. Smith wisely demurred. The Justice Department has not charged that offense in any other case involving the attack on the Capitol, and insurrection has not been charged since the 19th century. Of course, no president has engaged in it since then — but since no one else has been charged with that crime relating to Jan. 6, it likely would have been an issue. And since the penalty for the insurrection offense is that the defendant would not be eligible to hold federal office, it would have fueled a claim of weaponizing the Justice Department to defeat a political rival.Mr. Trump and others like him will of course continue to assert that the Justice Department has been politically weaponized. That claim has it exactly backward.To not charge Mr. Trump for trying to criminally interfere with the transfer of power to a duly elected president would be to politicize the matter. It would mean external political considerations had infected the Justice Department’s decision-making and steered the institution away from its commitment to holding everyone equally accountable under the law.What those circling their wagons around Mr. Trump are in effect asking for is a two-tiered system, in which the people who were stirred by lies to interrupt the congressional certification are held to account but not the chief instigator. That injustice has not been lost on judges overseeing cases related to Jan. 6. In the 2021 sentencing of John Lolos — a 48-year-old man with no criminal record who traveled from Seattle to hear Mr. Trump’s speech at the Ellipse before being convinced to “storm” the Capitol — Judge Amit Mehta commented on the incongruity in the D.C. courtroom.“People like Mr. Lolos were told lies, fed falsehoods, and told that our election was stolen when it clearly was not,” the judge said. He went on to add that those “who created the conditions that led to Mr. Lolos’s conduct” and the events of Jan. 6 have “in no meaningful sense” been held “to account for their actions and their words.”We are now on the doorstep of the sort of accountability that Judge Mehta found lacking.That is what also makes this indictment of the former president different. Where both the Manhattan hush money case and classified documents case have been, in some part, mired in discussions of whataboutism, the 2020 election interference indictment is where whataboutism goes to die.In this case, the Trump stratagem is unmasked. Given the record of robust prosecutions of Jan. 6 foot soldiers and Mr. Trump’s responsibility for their actions, he has had to resort to saying the Capitol attack was good, and he and his enablers have lauded convicted felons as heroes and “political prisoners.” Mr. Trump’s continued statements in favor of the Jan. 6 defendants can and likely will be used against him in any trial.As the narrative of the indictment lays out, Mr. Trump’s schemes — to sell the big lie and promote election fraud even when he privately conceded to advisers the claims were “unsupported” and “crazy” — are what contributed to the attack of Jan. 6. And it is a relief that the indictment includes Mr. Trump’s role and responsibility in that violence. Many Americans would not understand the Justice Department focusing only on bureaucratic and procedural efforts to affect the congressional certification.As Senator Mitch McConnell said at the close of Mr. Trump’s second impeachment trial, “There is no question — none — that President Trump is practically and morally responsible for provoking the events of the day.”He added: “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one.”What is also clear from the indictment is that Mr. Trump will most likely not be the last white-collar defendant charged for the set of crimes it sets out. Mr. Smith clearly, and properly, considers that the six co-conspirators — parts of the indictment describe actions by co-conspirators that correspond with those taken by, for example, Mr. Eastman and Rudy Giuliani — committed federal offenses that threatened the core of our democracy. The rule of law cannot tolerate those actors facing charges with the main protagonist going scot free.The main task ahead for Mr. Smith is getting his cases to trial before the general election. But the true test ahead will not be for Mr. Smith. It will be for us: Will Americans care about the rule of law enough to vote for it? The courtroom is a place where facts and law still matter, but the criminal cases against Mr. Trump will test whether the same can be said for the ballot box.Ryan Goodman, a law professor at the New York University School of Law, is a co-editor in chief of Just Security. Andrew Weissmann, a senior prosecutor in Robert Mueller’s special counsel investigation, is a professor at N.Y.U. School of Law and a host of the podcast Prosecuting Donald Trump.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      A President Accused of Betraying His Country

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      Of all the ways that Donald Trump desecrated his office as president, the gravest — as outlined in extraordinary detail in the criminal indictment issued against him on Tuesday — was his attempt to undermine the Constitution and overturn the results of the 2020 election, hoping to stay in office.The special counsel Jack Smith got right to the point at the top of the four-count federal indictment, saying that Mr. Trump had knowingly “targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting and certifying the results of the presidential election.”Bedrock. It’s an apt word for a sacred responsibility of every president: to honor the peaceful transfer of power through the free and fair elections that distinguish the United States. Counting and certifying the vote, Mr. Smith said, “is foundational to the United States democratic process, and until 2021, had operated in a peaceful and orderly manner for more than 130 years,” since electoral counting rules were codified. Until Mr. Trump lost, at which point, the indictment makes clear, he used “dishonesty, fraud and deceit to impair, obstruct and defeat” that cornerstone of democracy.The criminal justice system of the United States had never seen an indictment of this magnitude. It’s the first time that a former president has been explicitly accused by the federal government of defrauding the country. It’s the first time a former president has been accused of obstructing an official proceeding, the congressional count of the electoral votes. Mr. Trump also stands accused of engaging in a conspiracy to deprive millions of citizens of the right to have their votes counted. This fraud, the indictment said, led directly to a deadly attack by Mr. Trump’s supporters on the seat of American government.It’s the third criminal indictment of Mr. Trump, and it demonstrates, yet again, that the rule of law in America applies to everyone, even when the defendant was the country’s highest-ranking official. The crimes alleged in this indictment are, by far, the most serious because they undermine the country’s basic principles.The prosecution’s list of false voter fraud claims made by Mr. Trump and his associates is extensive: that 10,000 dead people voted in Georgia, that there were tens of thousands of double votes in Nevada, 30,000 noncitizens voting in Arizona and 200,000 mystery votes in Pennsylvania, as well as suspicious vote dumps and malfunctioning voting machines elsewhere.After presenting this list, the indictment makes its case with 12 simple but searing words: “These claims were false, and the defendant knew that they were false.” Mr. Smith points out how many people told Mr. Trump that he was repeating lies. He was told by Vice President Mike Pence that there was no evidence of fraud. He was told the same thing by the Justice Department leaders he appointed, by the director of national intelligence, by the Department of Homeland Security, by senior White House attorneys, by leaders of his campaign, by state officials and, most significantly, by dozens of federal and state courts. The indictment emphasizes that every lawsuit filed by Mr. Trump and his allies to change the outcome was rejected, “providing the defendant real-time notice that his allegations were meritless.”Demonstrating Mr. Trump’s knowledge that he was lying will be central to the prosecution’s case when it comes to trial, because Mr. Smith wants to make clear that Mr. Trump wasn’t genuinely trying to root out credible instances of voter fraud. The indictment doesn’t charge him with lying or speaking his mind about the outcome of the election, and it notes that he had the right to challenge the results through legal means. But the charges show in detail how, after all those methods failed, his “pervasive and destabilizing lies” set the table for the criminal activity that followed, specifically fraud, obstruction and deprivation of rights. As much as defense lawyers are trying to frame the case as an attack on Mr. Trump’s free speech, the indictment makes clear that it was his actions after Election Day that were criminal.That “criminal scheme” began, the indictment says, on Nov. 14, 2020, when Mr. Trump turned to Rudy Giuliani (acknowledged by his lawyer to be “co-conspirator 1”) to challenge the results in the swing state of Arizona, which Mr. Trump had lost. “From that point on,” the charges state, “the defendant and his co-conspirators executed a strategy to use knowing deceit in the targeted states,” which also included Georgia, Michigan, Pennsylvania and Wisconsin. In an example cited in the charges, Mr. Giuliani sent a text to the Senate majority leader in Michigan on Dec. 7 demanding that the legislature pass a resolution saying the election was in dispute and that the state’s electors were not official. That demand was refused, but Mr. Trump continued to claim that more than 100,000 ballots in Detroit were fraudulent.The scope of Mr. Trump’s plot touched every level of American political life. While the four federal crimes charged by Mr. Smith all relate to the same set of facts, three of those crimes, one for fraud and two related to obstruction of a proceeding, are crimes against the U.S. government. The fourth crime is against the American people, millions of whom Mr. Trump sought to deprive of their right to have their vote counted. This crime carries a sentence of up to 10 years in prison.It appears increasingly likely that Mr. Trump will soon face charges for crimes against yet another level of American government — the states — as the district attorney in Atlanta reaches the final stages of a grand jury investigation into his pressure campaign to get Georgia to reverse its certified vote count and award its 16 electors to him instead of Joe Biden.The former president responded to this latest and most serious indictment in his customary style, denouncing it as “corrupt” and invoking, among other things, the “Biden Crime Family” and Nazi Germany. Mr. Smith, a veteran prosecutor on the International Criminal Court who has prosecuted far more brutal and popular leaders than Mr. Trump, has surely heard it all before. But that does not excuse the support Mr. Trump is receiving from his Republican allies in Congress, who insist that this prosecution is political and have helped damage the respect for the criminal justice system in the minds of so many voters. Yes, some in Mr. Trump’s party, including his former vice president, have stood up for democratic norms in the wake of these indictments, and yet it is impossible to ignore those who have not. These attacks are dangerous and have led to death threats against prosecutors, judges and other civil servants for doing their jobs.If Mr. Smith’s previous indictment of Mr. Trump is any indication, we have not heard the end of the charges in this case. In that earlier case, which charged Mr. Trump with illegally hoarding and refusing to return highly classified documents after he left office, the special counsel issued a superseding indictment last week, adding serious obstruction charges against the former president and one of his aides at Mar-a-Lago. It would not be surprising if Mr. Smith has more coming in the new case as well, whether additional evidence of Mr. Trump’s lawbreaking or charges against his co-conspirators, who are not named in the indictment but who are readily identifiable. Several are lawyers who advised or worked for the former president, including Mr. Giuliani, Sidney Powell and John Eastman.In many ways, the indictment continues the work of the House Jan. 6 committee, which uncovered many of the same allegations. Several of the committee’s members had urged this prosecution, particularly after the Senate failed to convict Mr. Trump after he was impeached for his role in the Jan. 6 insurrection. After he voted to acquit Mr. Trump, Senator Mitch McConnell, the Republican leader, said there were other ways to bring Mr. Trump to account. “We have a criminal justice system in this country,” he said. “We have civil litigation. And former presidents are not immune from being accountable by either one.”In that, at least, Mr. McConnell was right. A former president is now being charged with extreme abuse of office and will eventually be judged by a jury. Mr. Trump tried to overturn the nation’s constitutional system and the rule of law. That system survived his attacks and will now hold him to account for that damage.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Why Jack Smith’s Jan. 6 Trump Indictment Is So Smart

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      This is the indictment that those who were horrified by the events of Jan. 6, 2021, have been waiting for. The catalog of misdeeds that Donald Trump is accused of is extensive, some reflected in other prosecutions over classified documents and hush-money payments or in civil lawsuits.But this case — a sitting U.S. president’s assault on democracy — is by far the most consequential. And from the looks of this indictment, the prosecution’s case is going to be thorough and relentless.The charging decisions in the indictment reflect smart lawyering by the special counsel Jack Smith and his team. The beauty of this indictment is that it provides three legal frameworks that prosecutors can use to tell the same fulsome story.It will allow prosecutors to put on a compelling case that will hold Mr. Trump fully accountable for the multipronged effort to overturn the election. At the same time, it avoids legal and political pitfalls that could have delayed or derailed the prosecution.The lead charge, conspiracy under 18 U.S.C. 371, is a go-to charge for federal prosecutors. Count 1 charges a conspiracy to defraud the United States by obstructing and defeating the lawful counting of votes and certification of the election. Conspiracy is the perfect vehicle for describing a complex criminal scheme and identifying all the actors and everything they did.The conspiracy charge, which makes up most of the indictment, encompasses the tentacles of the scheme to overturn the election results. Pressuring state officials to overturn their elections, recruiting slates of fake electors from seven states, trying to corrupt the Justice Department to further the scheme, pressuring Mike Pence to throw out lawful votes and directing the mob to the Capitol on Jan. 6 — all are included as part of a single overarching conspiracy to defraud the United States.A conspiracy requires two or more people who agree to participate. This indictment lists but does not yet charge or formally identify six Trump co-conspirators. Mr. Smith clearly has enough evidence to charge those unindicted co-conspirators but has chosen not to — for now. This, too, is a smart tactical decision.Proceeding against Mr. Trump alone streamlines the case and gives Mr. Smith the best chance for a trial to be held and concluded before the 2024 presidential election. It’s possible some of the unindicted co-conspirators will cut a deal and testify for the prosecution. If not, there is plenty of time to charge them later.Counts 2 and 3 are conspiracy to obstruct an official proceeding and obstruction of a proceeding, under 18 U.S.C. Section 1512. Prosecutors have successfully used this statute to charge hundreds of the Jan. 6 Capitol rioters, including members of the Oath Keepers and Proud Boys, with disrupting the joint congressional proceeding to certify the election results.But when it comes to Mr. Trump and the senior people around him, this obstruction charge is much broader than the assault on the Capitol. The conspiracy to obstruct justice again encompasses all the different methods he and his allies used to seek to overturn the election results by thwarting the proceeding to certify the election. In addition, his dispatching supporters to the Capitol and then taking no steps to stop them for three hours potentially makes him liable for aiding and abetting that obstruction — even though he did not set foot in the Capitol himself. And aiding and abetting is part of the theory of the obstruction charge in Count 3.Count 4 is a civil rights violation under 18 U.S.C. Section 241. That statute makes it a crime to “injure, oppress, threaten or intimidate” any people in their exercise and enjoyment of rights guaranteed by the Constitution or laws. Based on the same evidence, this charge alleges that Mr. Trump and others conspired to injure one or more people by depriving them of their right to have their votes counted.For each of these charges, all aspects of the effort to overturn the election, including those that took place well before Jan. 6, may be introduced as part of a single multifaceted scheme and part of one story that proves all the charges.Prosecutors love having alternative legal theories underlying a single presentation of evidence. It’s a belt-and-suspenders approach: If a legal issue arises that weakens or eliminates one charge, the others remain, and the case can continue. And within the scheme are yet more backstops: If the evidence for one aspect of the scheme falters, the remaining aspects are still more than sufficient to prove the charge.Mr. Smith has also avoided some potential land mines that could be lurking in other charges.One charge that was not included in the indictment falls under 18 U.S.C. Section 2383, which makes it a crime to incite, assist or engage in a rebellion or insurrection against the United States or to give aid and comfort to such an insurrection. This charge was part of the referral from the Jan. 6 committee.It would have faced some potentially tricky First Amendment issues, to the extent it would have relied on Mr. Trump’s speech at the Ellipse on Jan. 6 to allege that he incited the riot. I believe those issues could be overcome, but the free speech battles over that charge would have been time-consuming and distracting because the speech could be easily characterized as a political rally.Seditious conspiracy under 18 U.S.C. Section 2384 is also absent. A number of Proud Boys and Oath Keepers have been convicted of violating that law, which prohibits conspiracies to overthrow the government. But violating the statute requires the use of force. Conviction presumably would require proof that Mr. Trump intended the Capitol riot to take place and that it was not just a political protest that got out of hand. That proof may be there, but the issue could easily become a major distraction.There will be those who say any case that does not charge Mr. Trump with insurrection or sedition is a whitewash that fails to hold him properly accountable. I think those critics are wrong. These charges will allow prosecutors to present the sweeping, multistate scheme to overturn the election, with all its different aspects, to the jury and the public. They are serious felony charges that carry hefty penalties.Although it might have been psychologically gratifying to see Mr. Trump charged with sedition, the name of the legal charge is less important than the facts that will make up the government’s case.This indictment presents detailed and overwhelming allegations. It reflects sound legal and tactical decisions that should allow the government to move quickly and put on a powerful case. The most significant prosecution of Mr. Trump is off to a strong start.Randall D. Eliason is a former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia and teaches white-collar criminal law at George Washington University Law School. He writes the Sidebars blog.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Trump Jan. 6 Indictment Relies Heavily on House Panel’s Work

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      The special House committee that investigated the attack on the Capitol created the road map for the charges against the former president.In taking the monumental step of charging a former president with attempting to steal an American election, Jack Smith, the Justice Department special counsel, relied on an extraordinary narrative, but one the country knew well.For a year and a half, the special House committee investigating the Jan. 6, 2021, attack on the Capitol introduced Americans to a sprawling cast of characters and laid out in painstaking detail the many ways in which former President Donald J. Trump tried to overturn the 2020 election. In doing so, it provided a road map of sorts for the 45-page indictment Mr. Smith released on Tuesday.“In a lot of ways, the committee’s work provided this path,” said Soumya Dayananda, who served as a senior investigator for the House Jan. 6 panel. “The committee served as educating the country about what the former president did, and this is finally accountability. The congressional committee wasn’t going to be able to bring accountability; that was in the hands of the Department of Justice.”Mr. Smith’s document — while far slimmer than the 845-page tome produced by the House investigative committee — contained a narrative that was nearly identical: An out-of-control president, refusing to leave office, was willing to lie and harm the country’s democracy in an attempt to stay in power.With televised hearings drawing millions of viewers, the panel introduced the public to little-known lawyers who plotted with Mr. Trump to keep him in power, dramatic moments of conflict within the Oval Office and concepts like the “fake electors” scheme carried out across multiple states to try to reverse the election outcome. Its final report laid out specific criminal charges that a prosecutor could bring against the former president.But Mr. Smith, with the prosecutorial heft of the Justice Department behind him, was able to unearth more evidence, including new details of Mr. Trump’s pressure campaign against Vice President Mike Pence to use his role certifying the election on Jan. 6, 2021, to overturn the results. At one point, according to the indictment, Mr. Trump told a balking Mr. Pence: “You’re too honest.”His indictment detailed how, when warned by a White House lawyer that Mr. Trump’s plan to refuse to leave office would lead to “riots in every major city,” Jeffrey Clark, then a Justice Department official, retorted, “That’s why there’s an Insurrection Act.” And it described how Mr. Trump implied to a top general that he knew he had lost the election, saying he would leave certain problems “for the next guy.”The Justice Department sought and received transcripts of the committee’s hundreds of interviews, but then advanced the investigation beyond what Congress had been able to accomplish. Its officials obtained at least a dozen more key interviews than Congress could, by winning court rulings to pierce through executive and attorney-client privileges that witnesses, including Mr. Pence, had previously invoked against testifying.But ultimately, Mr. Smith brought charges that had been recommended by the committee, including conspiracy to defraud the United States, obstruction of an act of Congress and conspiracy to make a false statement. He added an accusation of deprivation of rights under the color of law.“The Department of Justice’s indictment confirms the work of the committee,” said Thomas Joscelyn, another Jan. 6 committee staff member who wrote large portions of the panel’s final report.Over 18 months of work, the Democratic-led House committee assembled evidence that Mr. Trump first lied about widespread election fraud, despite being told his claims were false; organized false slates of electors in states won by Joseph R. Biden Jr. as Mr. Trump pressured state officials, the Justice Department and Mr. Pence to overturn the election; and, finally, amassed a mob of his supporters to march on the Capitol, where they engaged in hours of bloody violence while Mr. Trump did nothing to call them off.The indictment continuously repeats evidence revealed during the course of the congressional inquiry, including the attempts of Mr. Trump and lawyers working for him to pressure local election officials in Georgia, Arizona and other states.The congressional panel also named several other Trump allies — including the lawyers Rudolph W. Giuliani, John Eastman, Kenneth Chesebro and Mr. Clark — as potential co-conspirators with Mr. Trump in actions the committee said warranted Justice Department investigation. Mr. Smith listed six unidentified co-conspirators who worked with Mr. Trump to try to overturn the election whose actions were identical to the lawyers named in the committee’s report.As he read through the indictment on Tuesday, Representative Jamie Raskin, Democrat of Maryland and a member of the Jan. 6 panel, said he circled new bits of evidence in the document that stood out to him. But over and over, he saw a familiar narrative.“Many of the crucial facts that surfaced during the Jan. 6 investigation reappear in this indictment,” Mr. Raskin said. “We told this story in time for these events not to be buried in ideology and deceit. It feels to me like a powerful vindication of the rule of law in America. And that’s what we were insisting on.” More

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      Trump Indicted in His Push to Overturn the 2020 Election

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      Former President Donald J. Trump was indicted on Tuesday in connection with his widespread efforts to overturn the 2020 election following a sprawling federal investigation into his attempts to cling to power after losing the presidency.The indictment, filed by the special counsel Jack Smith in Federal District Court in Washington, accuses Mr. Trump of three conspiracies: one to defraud the United States; a second to obstruct an official government proceeding, the certification of the Electoral College vote; and a third to deprive people of a civil right, the right to have their votes counted. Mr. Trump was also charged with a fourth count of obstructing or attempting to obstruct an official proceeding.“Each of these conspiracies — which built on the widespread mistrust the defendant was creating through pervasive and destabilizing lies about election fraud — targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting and certifying the results of the presidential election,” the indictment said.The charges signify an extraordinary moment in United States history: a former president, in the midst of a campaign to return to the White House, being charged over attempts to use the levers of government power to subvert democracy and remain in office against the will of voters.In sweeping terms, the indictment described how Mr. Trump and six co-conspirators employed a variety of means to reverse his defeat in the election almost from the moment that voting ended.It depicted how Mr. Trump promoted false claims of fraud, sought to bend the Justice Department toward supporting those claims and oversaw a scheme to create false slates of electors pledged to him in states that were actually won by Joseph R. Biden Jr. And it described how he ultimately pressured his vice president, Mike Pence, to use the fake electors to subvert the certification of the election at a joint session of Congress on Jan. 6, 2021, that was cut short by the violence at the Capitol.The indictment did not name the alleged co-conspirators, but the descriptions of their behavior match publicly known episodes involving prominent people around Mr. Trump.The behavior of “Co-conspirator 1” appears to align with that of Rudolph W. Giuliani, Mr. Trump’s personal lawyer whom he put in charge of efforts to deny the transfer of power after his main campaign lawyers made clear it was over. Mr. Giuliani’s lawyer, Robert J. Costello, acknowledged in a statement that it “appears that Mayor Giuliani is alleged to be co-conspirator No. 1.”The description of “Co-conspirator 2” tracks closely with that of John Eastman, a California law professor who served as the architect of the plan to pressure Mr. Pence.The co-conspirators could be charged at any point, and their inclusion in the indictment — even unnamed — places pressure on them to cooperate with investigators.Many of the details in the charges were familiar, having appeared either in news accounts or in the work of the House select committee investigating Jan. 6. There were descriptions of Mr. Trump’s attempt to install a loyalist, Jeffrey Clark, who appears to be a co-conspirator in the case, atop the Justice Department and to strong-arm the secretary of state of Georgia into finding him enough votes to win the election in that state.There were also references to Mr. Trump posting a message on Twitter in mid-December 2020 calling for a “wild” protest in Washington on Jan. 6, and to him pressuring Mr. Pence to try to throw the election his way during the joint session of Congress that day.But the indictment also contained some snippets of new information, such as a description of Mr. Trump telling Mr. Pence, “You’re too honest,” as the vice president pushed back on Mr. Trump’s pressure to interfere in the certification of Mr. Biden’s victory.It also included an account of Mr. Trump telling someone who asked if he wanted additional pressure put on Mr. Pence that “no one” else but him needed to speak with the vice president.Mr. Smith, in drafting his charging document, walked a cautious path in connecting Mr. Trump to the mob attack on the Capitol. The indictment mentioned Mr. Trump’s “exploitation of the violence and chaos” at the building that day, but did not accuse him of inciting the riot.It also laid out how Mr. Trump was repeatedly told by multiple people, including top officials in his campaign and at the Justice Department, that he had lost the election and that his claims that he had been cheated were false. That sort of evidence could help prosecutors prove their accusations by establishing Mr. Trump’s intent.Mr. Trump’s constant claims of widespread election fraud “were false, and the defendant knew they were false,” the indictment said, adding that he was told repeatedly that his assertions were untrue.“Despite having lost, the defendant was determined to remain in power,” the indictment said.Mr. Trump has been summoned for his initial court appearance in the case on Thursday afternoon before a magistrate judge in Federal District Court in Washington, the special counsel’s office said. Ultimately, a trial date and a schedule for pretrial motions will be set, proceedings that are likely to extend well into the presidential campaign.Mr. Trump’s lead lawyer on the case, John Lauro, laid out what appeared to be the beginning of his defense, telling Fox News, “I would like them to try to prove beyond a reasonable doubt that Donald Trump believed that these allegations” about voter fraud “were false.”The charges in the case came more than two and a half years after a pro-Trump mob — egged on by incendiary speeches by Mr. Trump and his allies — stormed the Capitol on Jan. 6 in the worst attack on the seat of Congress since the War of 1812.They also came a little more than seven months after Attorney General Merrick B. Garland appointed Mr. Smith, a career federal prosecutor, to oversee both the election tampering and classified documents inquiries into Mr. Trump. They followed a series of high-profile hearings last year by the House Jan. 6 committee, which laid out extensive evidence of Mr. Trump’s efforts to reverse the election results.Mr. Garland moved to name Mr. Smith as special counsel in November, just days after Mr. Trump declared that he was running for president again.Jack Smith, the special counsel, said at a news conference on Tuesday that the Capitol riot was “fueled by lies.”Doug Mills/The New York TimesIn a brief appearance before reporters, Mr. Smith set out what he said was the former president’s moral, as well as legal, responsibility for violence at the Capitol, saying the riot was “fueled by lies” — Mr. Trump’s lies.Mr. Trump, the front-runner for the Republican nomination, has incorporated attacking the investigations into his campaign messaging and fund-raising. His advisers have been blunt in private conversations that they see his winning the election as crucial to undoing the charges against him.In a statement, Mr. Trump denounced the indictment.“Why did they wait two and a half years to bring these fake charges, right in the middle of President Trump’s winning campaign for 2024?” he said, calling it “election interference” and comparing the Biden administration to Nazi Germany.The judge assigned to Mr. Trump’s case, Tanya S. Chutkan, has been a tough jurist in cases against Jan. 6 rioters — and in a case that involved Mr. Trump directly. Appointed by President Barack Obama, she has routinely issued harsh penalties against people who stormed the Capitol.She also denied Mr. Trump’s attempt to avoid disclosing documents to the Jan. 6 committee, ordering him to turn over the material and writing, “Presidents are not kings.”Mr. Trump now faces two separate federal indictments. In June, Mr. Smith brought charges in Florida accusing Mr. Trump of illegally holding on to a highly sensitive trove of national defense documents and then obstructing the government’s attempts to get them back. The scheme charged by Mr. Smith on Tuesday in the election case played out largely in the two months between Election Day in 2020 and the attack on the Capitol. During that period, Mr. Trump took part in a range of efforts to retain power despite having lost the presidential race.In addition to federal charges in the election and documents cases, Mr. Trump also faces legal troubles in state courts.He has been charged by the Manhattan district attorney’s office in a case that centers on hush money payments made to the porn actress Stormy Daniels in the run-up to the 2016 election.The efforts by Mr. Trump and his allies to reverse his election loss are also the focus of a separate investigation by the district attorney in Fulton County, Ga. That inquiry appears likely to generate charges this month.It seems likely that Mr. Trump will face the prospect of at least three criminal trials next year, even as he is campaigning for the presidency. The Manhattan trial is scheduled to begin in March, while the federal documents case in Florida is set to go to trial in May.Glenn Thrush More