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      Your Tuesday Briefing: Biden Travels to Kyiv

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      Also, another earthquake strikes Turkey and Syria.President Biden and Volodymyr Zelensky visited St. Michael’s monastery in downtown Kyiv.Daniel Berehulak/The New York TimesBiden’s surprise tripPresident Biden took a nearly 10-hour train ride from Poland to Ukraine’s capital to show the U.S.’s “unwavering commitment” to support Ukraine.As air-raid sirens sounded, Biden strolled in the sunshine and visited a monastery in downtown Kyiv with his host, President Volodymyr Zelensky. Biden promised $500 million in additional military aid but did not talk about the advanced weaponry that Ukraine was appealing for.“One year later, Kyiv stands,” Biden said during a news conference with Zelensky just four days ahead of the one-year mark of Russia’s invasion. “And Ukraine stands. Democracy stands.”Biden’s first trip to Ukraine since the war began was shrouded in secrecy. The U.S. alerted Russia about his plans hours before he arrived in Kyiv. Two reporters traveling with Biden agreed to keep details embargoed until the trip was over. Biden was in Kyiv for less than six hours before the Secret Service whisked him out of the city.Today: The contest between Biden and President Vladimir Putin will intensify when the two leaders deliver speeches, several hours and hundreds of miles apart. Putin will deliver a state-of-the-nation address in Moscow. Biden will speak in Warsaw.On the front line: While Russia has relied on prisoners and mercenaries to do some of its fighting, all ranks of society have been mobilized in Ukraine. Among them was a couple who shared a trench on the front line — and died in it.Xi Jinping is trying to keep Russia close and also repair ties with Western powers.Pool photo by Alexei DruzhininWill China help arm Russia?As Russian state media reported that China’s most senior foreign policy official had arrived in Moscow, Beijing bristled against the U.S. claim that it was poised to give Russia “lethal support.” Such a step would be a major shift for China and would transform the war into a struggle between three superpowers.China accused the Biden administration of spreading lies. “It’s the U.S., and not China, that has been incessantly supplying weapons to the battlefield,” a Chinese foreign ministry spokesman said, “and the U.S. is not qualified to issue any orders to China.”The State of the WarPortending a Global Rift: Secretary of State Antony J. Blinken said that China is strongly considering giving military aid to Russia, a move that would transform the war into a struggle involving three superpowers.Western Support: Nearly one year into the war, American and European leaders pledged to remain steadfast in their support for Ukraine amid worries about how long their resolve will last.Harris’s Comments: Vice President Kamala Harris declared that the United States had formally concluded that Russia had committed “crimes against humanity” in its invasion of Ukraine.A Russian Mole in Germany?: A director at Germany’s spy service was arrested on suspicion of passing intelligence to Russia. German officials and allies worry just how deep the problem goes.Beijing defended its ties to Moscow and insisted that it was a neutral observer trying only to coax Russia and Ukraine into peace talks. While China has supported Russia in nonmilitary ways, sending it weapons would deeply alarm the U.S. and Europe at a time when Beijing is trying to rebuild global ties after years of pandemic isolation.President Biden has stressed to Xi Jinping, China’s leader, that any such move would have far-reaching consequences. The warnings to China revealed that the Biden administration believes Beijing is close to crossing the line.What’s next: A Kremlin spokesman said that the Chinese official, Wang Yi, may meet with President Vladimir Putin while in Moscow.Many people are traumatized from the earlier quake.Clodagh Kilcoyne/ReutersAnother earthquake strikesA powerful new earthquake shook southern Turkey and northwestern Syria, two weeks after a powerful double tremor killed more than 46,000 people and left more than a million homeless. Here are updates.The 6.3-magnitude quake struck yesterday afternoon in Hatay Province in Turkey, an area that had already suffered widespread damage from collapsed buildings.The new quake spread panic among survivors, many of whom are staying in tents or sleeping in their cars because they remain too scared to go inside any buildings. A district mayor said that people were trapped under the debris: “People are screaming for their lives.” In Syria: People were hospitalized after being hurt in stampedes, the state-run news media reported. In rebel-held territory, the White Helmets, a local rescue organization, also reported stampedes and said people had jumped from balconies to escape buildings.U.S.-Turkey tensions: During a visit to Ankara, Antony Blinken, the U.S. Secretary of State, pledged to keep helping Turkey recover. But there were few signs of progress on disputes over F-16 sales and NATO.THE LATEST NEWSAround the WorldAmmar Awad/ReutersTens of thousands of protesters gathered in Jerusalem as Israeli lawmakers prepared to hold the first votes on bills that would curb the judiciary’s power.British police found the body of Nicola Bulley, whose disappearance prompted a national debate over privacy and the treatment of missing women.The U.S. and Canadian militaries have ended the search for the remnants of downed U.F.O.s over Alaska and northern Canada.Other Big StoriesSome pieces are believed to have once been worn by Angkor royalty.Cambodia Ministry of Culture & Fine ArtsCambodia said it had recovered 77 gold relics from the collection of a British art dealer, who died in 2020 and was accused of antiquities trafficking.Deaths in U.S. prisons rose nearly 50 percent during the pandemic’s first year, according to data examined by The Times.A doodle appears to show Leonardo da Vinci’s ideas in deconstructing gravity, long before Galileo and Newton.An alligator was found in a Brooklyn lake. It may have been someone’s pet. OpinionsBig tech companies should be liable for the illegal conduct that their platforms enable, Julia Angwin writes.Nicholas Kristof argues that the U.S. should give Ukraine all of the weaponry the country needs to end the war, despite the risk of escalation.A Morning ReadFabio Bucciarelli for The New York TimesThe Duomo, Milan’s beloved landmark, has needed constant care basically since 1386, when construction began.The cathedral is crafted from rare, pink-hued marble that is particularly fragile. Now, climate change and pollution are adding to the challenges of preservation.ARTS AND IDEASNurse burnoutThe pandemic made nursing even harder in the U.S.: Nurses are burned out and exhausted. Some have left the profession. About 43 percent are considering it, according to a recent survey by the American Nurses Foundation.“It’s hard to talk about mental health,” said Kathleen Littleton, one of several trained nurses who spoke to The Times about their challenges. “In nursing, sometimes it’s frowned upon when people say, ‘Oh I feel so burned out.’ It’s almost like a shameful way to approach it.” She now works for an insurance company.Today’s burnout could make for long-term shortages. There’s still high interest in the field, but fewer experienced nurses mean fewer opportunities for students to get in-hospital training. That, in turn, leads to nursing schools not producing enough graduates to fill the gap.PLAY, WATCH, EATWhat to CookArmando Rafael for The New York Times. Food Stylist: Simon Andrews.These coconut-stuffed pancakes are enjoyed along the western coast of India.What to ReadIn “Every Man a King,” class and racial divisions collide as a Black ex-cop investigates a kidnapping in New York City.What to Watch“All Quiet on the Western Front” won seven BAFTA awards, including best film. Read our review.HealthUse this guide to avoid harmful chemicals in beauty products.Now Time to PlayPlay the Mini Crossword, and a clue: Got rid of (four letters).Here are the Wordle and the Spelling Bee.You can find all our puzzles here.That’s it for today’s briefing. See you tomorrow. — AmeliaP.S. The Times won three George Polk Awards, two for its coverage of the war in Ukraine. I’d love to hear from you. You can write at briefing@nytimes.com. I read every note. More

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      It’s Time to Prepare for a Possible Trump Indictment

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      “We find by unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election.” With those words, a Fulton County special grand jury’s report, part of which was released Thursday, repudiated Donald Trump’s assault on our democracy.The excerpts from the report did not explicitly offer new detail on a potential indictment of Mr. Trump or any other individual. But they suggest that, combined with everything else we know, Mr. Trump may very well be headed for charges in Georgia.We need to prepare for a first in our 246-year history as a nation: The possible criminal prosecution of a former president.If Mr. Trump is charged, it will be difficult and at times even perilous for American democracy — but it is necessary to deter him and others from future attempted coups.Fani Willis, the Fulton County district attorney, may present the case as a simple and streamlined one or in a more sweeping fashion. Success is more likely assured in the simpler approach, but the fact that the redacted report has eight sections suggests a broader approach is conceivable. In either event, we must all prepare ourselves for what could be years of drama, with the pretrial, trial and appeal likely dominating the coming election season.Ms. Willis opened her investigation shortly after Mr. Trump’s Jan. 2, 2021, demand that the Georgia secretary of state, Brad Raffensperger, “find 11,780 votes.” The second impeachment of Mr. Trump and the Jan. 6 committee hearings developed additional evidence about that request for fake votes and Mr. Trump and allies pushing fake electors in Georgia and nationally. There is now abundant evidence suggesting he violated Georgia statutes, like those criminalizing the solicitation of election fraud.The parts of the special grand jury’s report revealed on Thursday only reinforce Mr. Trump’s risk of prosecution. The statement that the grand jurors found “no widespread fraud” in the presidential election eliminates Mr. Trump’s assertion that voter fraud justified his pushing state election officials. We also know that the grand jurors voted defendant by defendant and juror by juror, and set forth their recommendations on indictments and relevant statutes over seven (currently redacted) sections. The likelihood that they did that and cleared everyone is very low. And the fact that the grand jurors felt so strongly about the issues that they insisted on writing the recommendations themselves, as they emphasize, further suggests a grave purpose.Also notable is the grand jury’s recommendation of indictments, “where the evidence is compelling,” for perjury that may have been committed by one or more witnesses. It seems unlikely that Ms. Willis will let that pass.She will now decide the next steps of the case. Her statement that charging decisions were imminent came more than three weeks ago. If she does indict Mr. Trump, the two likely paths that she might take focus on the fake electoral slates and Mr. Trump’s call to Mr. Raffensperger. One is a narrower case that would likely take weeks to try; the other is a broader case that would likely take months.Narrow charges could include the Georgia felonies of solicitation of election fraud in the first degree and related general crimes like conspiracy to commit election fraud, specifically focusing on events and people who have a strong nexus with Georgia. In addition to Mr. Trump, that might include others who had direct contacts with Georgia, like his former chief of staff Mark Meadows and his attorneys John C. Eastman and Rudolph W. Giuliani (who already received a “target” notification from Ms. Willis warning him that he may be charged). Such a case would focus on activities around the execution of the fake electoral slates on Dec. 14, 2020, followed by the conversation with Mr. Raffensperger on Jan. 2, rooting it in Georgia and avoiding events nationally except to the extent absolutely necessary.Or Ms. Willis could charge the case more broadly, adding sweeping state Racketeer Influenced and Corrupt Organizations, or RICO, charges that could still include the impact of the conduct in Georgia but bring in more of a nationwide conspiracy. This would look more like the Jan. 6 investigation, albeit with a strong Georgia flavor. It could additionally include those who appeared to have lesser contact with Georgia but were part of national efforts including the state, like the Trump campaign attorney Kenneth Chesebro and the Justice Department official Jeffrey Clark.A more narrow case might make slightly more sense: Given the extraordinary circumstances around it, Ms. Willis will surely have her hands full. And it will feature a likely lead defendant who has demonstrated his propensity for legal circuses — coming in the midst of a heated political season no less.That said, Ms. Willis has a proven propensity for bringing and winning RICO cases. And as we have learned in our criminal trial work, sometimes juries are more responsive to grander narratives that command their attention — and outrage.Whether it’s simple or broad, if a case is opened, one thing is nearly certain: It’s going to take a while, probably the better part of the next two years, and perhaps longer. We would surely see a flurry of legal filings from Mr. Trump, which while often meritless nevertheless take time. Here the battle would likely be waged around pretrial motions and appeals by Mr. Trump arguing, as he has done in other cases, that he was acting in his official presidential capacity and so is immune.That challenge, though not persuasive at all in our view, will almost certainly delay a trial by months. Other likely sallies are that the case should be removed to federal court (it shouldn’t); that he relied on the advice of counsel in good faith (he didn’t); or that his action was protected by the First Amendment (it wasn’t).Even if the courts work at the relatively rapid pace of other high-profile presidential cases, we would still be talking about months of delay. In both U.S. v. Nixon and Thompson v. Trump, about three months were consumed from the first filing of the cases to the final rejection of presidential arguments by the U.S. Supreme Court. In this case, there would be more issues, which would be likely to require additional time. At the earliest, Ms. Willis would be looking at a trial toward the end of 2023. Even on that aggressive schedule, appeals would not be concluded until the end of 2024 or beyond.Needless to say, this would have a profound impact on the election season. It would feature a national conversation about what it means for a former president to be prosecuted, and it would no doubt have unexpected consequences.Still, the debate is worth having, and the risks are worth taking. The core American idea is that no one is above the law. If there is serious evidence of crimes, then a former president should face the same consequences as anyone else. If we do not hold accountable those who engage in this kind of misconduct, it will recur.It would be the trial of the 21st century, no doubt a long and bumpy ride — but a necessary one for American democracy.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. E. Danya Perry is a former federal prosecutor and New York State corruption investigator. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.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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      ‘Nikki Haley Will Not Be the Next President’: Our Columnists Weigh In

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      With candidates entering the 2024 presidential race, Times columnists and Opinion writers are starting a scorecard assessing their strengths and weaknesses. We rate the candidates on a scale of 1 to 10: 1 means the candidate will probably drop out before any actual caucus or primary voting; 10 means the candidate has a very strong chance of accepting the party’s nomination next summer. We begin with Nikki Haley, the former governor of South Carolina and United Nations ambassador in the Trump administration, who announced her bid for the Republican nomination on Tuesday.How seriously should we take Nikki Haley’s candidacy?David Brooks In a normal party, she would have to be taken seriously. She’s politically skilled, has never lost an election, has domestic and foreign policy experience, has been a popular governor, is about as conservative as the median G.O.P. voter and is running on an implicit platform: Let’s end the chaos and be populist but sensible. The question is, is the G.O.P. becoming once again a normal party?Jane Coaston To borrow a phrase, we should take it extremely literally but not seriously. She is indeed running for president. But Nikki Haley will not be the next president of the United States of America.Ross Douthat Much less seriously than the likely front-running candidacies of Donald Trump and Ron DeSantis, and somewhat less seriously than the likely also-ran candidacy of Mike Pence. Which means that barring a scenario where at least two of those three men don’t catch fire, not particularly seriously at all.David French The Republican race is best summed up as two individuals (Trump and DeSantis) and a field. Maybe a third candidate can emerge from the field, and maybe that person can be Haley — a decent reason to take her seriously — but we need to see evidence of independent traction.Michelle Goldberg Not very. I can’t imagine who she thinks her constituency is. A video teasing her candidacy starts with a spiel by the neocon Reagan official Jeane Kirkpatrick. Talk about nailing the zeitgeist!Rosie Gray Haley handled the Trump years more deftly than most. She never allowed herself to be dragged into anything too embarrassing or scandalous and didn’t fall victim to vicious Trump world back-stabbing. But she probably isn’t the kind of candidate who can get through a Republican presidential primary. Shrewd as she has been, she can’t plausibly reinvent herself as a 2023 outrage merchant.Liz Mair She could be the next vice president. That’s the reason to take her seriously.Mike Madrid I don’t see Haley as a serious candidate for the presidency or the vice presidency. She brings nothing demographically or ideologically to the G.O.P. that it doesn’t already have. But it is a serious attempt to maintain her relevance in the Republican hierarchy as a nonwhite woman willing to take a cabinet position or appointment to reassure primary voters that they aren’t actually a bunch of monolithic white people.Daniel McCarthy The interventionist foreign policy that Ambassador Haley has made her signature theme in recent years is unlikely to resonate in an America First party.Bret Stephens Seriously. Last month, Haley gave a speech to an association of auto dealers — the kind of audience any G.O.P. candidate needs to win over. Someone who was in attendance told me she got three thunderous standing ovations. It’s said of Ron DeSantis that the closer you get to him, the less you like him. Haley is the opposite. She still has work to do to win over other core Republican constituencies (above all, evangelicals and Trump sympathizers), but nobody should underestimate her appeal. She looks like a winner to a party that’s desperate to win.What matters most about her as a presidential candidate?Brooks If Trump and DeSantis compete in the Trumpy lane, there will be room for a normie candidate to oppose them. She’s more charismatic than Pence or Mike Pompeo, more conservative than Larry Hogan or Chris Sununu. Her problem is South Carolina. She’ll get no credit for winning that early primary, and it will be devastating to her campaign if she loses.Coaston Haley ought to be an interesting candidate — daughter of immigrants, former governor of a state experiencing big population shifts, a U.N. ambassador — but she seems to have no real basis to run for office. She’s not a populist, and she’s not a culture warrior.Douthat Her possible ability to split off a (small) piece of the non-Trump vote in early primaries, helping him to the nomination if those primaries are extremely close.French She’s a conventional Republican. If no one like her can gain traction, it will be a decisive signal that the Republican base has fundamentally transformed and traditional ideological conservatives are at best an imperfect fit for the G.O.P.Goldberg It will be interesting to see if Trump tries to destroy her right away as a warning to others, or holds off since he’s likely to fare best in a fractured field, with Haley pulling enough votes away from DeSantis to give the nomination to Trump. The more candidates there are, the more likely Trump is to win with a plurality.Gray Not so long ago, the Republican National Committee was predicting continued electoral doom unless the party expanded beyond its mostly white base. So Marco Rubio threw himself into the failed Gang of Eight immigration bill; Paul Ryan went on a listening tour of poor urban communities; and Haley had the Confederate flag removed from the State Capitol grounds. For a time, Trump seemed to upend any hope that these savvy rising stars had of one day reaching the White House. Haley’s candidacy will test that assumption, and that’s why she matters. Did Trump stamp out the ambitions of her generation for good, putting an end to the dream of a friendlier, more moderate Republican Party? Or did he merely put those ambitions on hold?Madrid Over 70 percent of Republican primary voters are white, so her candidacy will test the viability of a nonwhite candidate.Mair She has foreign policy and national security experience, which DeSantis does not. Trump can claim to have that kind of experience, but for many people, all it amounts to is keeping classified documents he shouldn’t have had, coddling up to dictators and autocrats, being softer on China than a lot of Republicans would like and other national security failures. Less substantively, she’s a woman of color, and Republican primary voters would love a chance to show that there are indeed nonwhite people and women who think just like they do (this is something a lot of primary voters are a bit neurotic about, and Haley knows it).McCarthy She’s the running mate they wish John McCain had in 2008, the kind of Republican the party thought it needed to appeal to a less white, more educated and firmly feminist America. But Trump changed the dream of the G.O.P.’s destiny: appealing to the working class, rather than to a wider ethnic profile within the class of educated professionals, is what Republicans voters now expect. Haley is too representative of the party elite’s desires to be seen as a plausible tribune of the working class.Stephens If the subtext of a DeSantis candidacy is that he is Trump shorn of the former president’s personal flaws, the subtext of Haley’s is that she is the Republican Party shorn of the former president. A woman, a minority, an immigrant background, a self-made person: Without having to say a word, she embodies everything Trump’s vision of America isn’t. She also would be less vulnerable to Democratic attack lines about Republican bigotry.What do you find most inspiring — or unsettling — about her vision for America?Brooks Her immigrant story is a good one, her decision to get rid of the Confederate flag showed common decency. On the other hand, there was an awful lot of complicity and silence when she served under Trump.Coaston I would ask … what vision for America? What exactly is Haley offering that is distinctly different from the Generic Republican that Donald Trump (whom she reportedly asked first before deciding to announce her candidacy) became? She is selling the idea that she is somehow both distinct enough to separate herself from the former president she continues to support and similar enough to win the nomination with this Republican Party. I don’t buy it.Douthat She has generally offered herself as the candidate of Reaganite bromides and as a potential vehicle for members of the Republican gentry who wish the Trump era had never happened but don’t particularly want to have any unpleasant fights about it. That’s a vision that’s neither inspiring nor unsettling; it’s just dull and useless and unlikely to take her anywhere.French Haley is right about the most important issues facing the free world. The United States should aggressively support Ukraine, and it should aggressively compete with China and deter Chinese aggression. What’s unsettling about her is that, like many Republicans, she never seemed to figure out quite how to handle Trump and constantly flipped and flopped between confrontation and accommodation. Yet her vacillation may be the key to her potential viability. Her back-and-forth on Trump mirrors the back-and-forth of many rank-and-file Republicans. They could perhaps see themselves in her.Goldberg She’s such a hollow figure that it’s impossible to say what her vision is. “What I’ve heard again and again is that Haley’s raw skills obscure an absence of core beliefs and a lack of tactical thinking,” Tim Alberta wrote in a great profile of her in 2021. She’d most likely pursue a hawkish foreign policy, though, so she could be the candidate of those nostalgic for the George W. Bush administration.Gray Haley might be the last person in American politics still quoting Sheryl Sandberg. “We are leaning in,” Haley told Sean Hannity last month. “It is time for a new generation. It is time for more leadership.” But at 51, she’s part of a political generation that can hardly be considered “new.” Her candidacy feels trapped in the post-Tea Party, mid-Obama administration era when she rose to prominence.Madrid Haley will be the first of many candidates trying to connect with Trump’s populist base while also resurrecting the establishment infrastructure that capitulated to him. If she can explain that she was against him before she was for him and now is against him again in a way that wins over voters and reassures party leaders, it may be inspiring for the sliver of Republicans who still maintain the party can return to the Reagan-Bush days, and unsettling for everyone else.Mair It’s not clear to me what her vision is for America. She has alternated between praising and defending Trump and Trumpism and critiquing him and it.McCarthy What’s unsettling is that her vision is a prepackaged failure. She was a moderately conservative governor and something of a soft libertarian at a time when an aggressive neoconservatism was dominant in the G.O.P. But when she took to the national stage she proved unable to distinguish between the tough realism of Jeane Kirkpatrick and the tough-sounding but inept idealism of the George W. Bush administration. She imbibed Robert Kagan when she should have studied George Kennan.Stephens There are two dueling G.O.P. visions for America: the “Fortress America” vision, of a nation besieged by undesirable immigrants and undermined by undesirable globalists, and a “City on a Hill” vision, of a nation whose powers of attraction are its greatest strength. Haley strikes me as leaning much closer to the second vision, at least within the broader parameters of conservative thinking.Imagine you’re a G.O.P. operative or campaign manager. What’s your elevator pitch for a Haley candidacy?Brooks Every wing of the party would accept her, at least as its second choice, if the top choice falters. It’s not an inspiring strategy, but it has worked for others — not the least of which a certain A. Lincoln.Coaston Remember when Republicans seemed hinged? Nikki Haley remembers.Douthat A charismatic female candidate with a vague platform and banal record is all we need to take a time machine back to the politics of 1988.Goldberg She’s canny, poised and doesn’t come off as crazy, so could be formidable in the general election.French She can beat Joe Biden!Gray Haley has already been out there making her own elevator pitch for her candidacy: “We have lost the last seven out of eight popular votes for president,” she told Sean Hannity last month. “It is time that we get a Republican in there that can lead and that can win a general election.”Madrid Nikki Haley has the establishment experience to beat the establishment.Mair No one should underestimate the appeal of a nonwhite, female conservative candidate to old, conservative, white, die-hard G.O.P. primary voters, and she’s not another white conservative dude.McCarthy Did you ever wish Hillary Clinton was a Republican? Now she is!Stephens If she can win the nomination, she will win the general election.On a scale of 1 to 10, how would you rank Nikki Haley’s potential as a presidential candidate? Share your ranking — and your reasoning for it — in the comments. (1 means she will drop out early; 10 means she has a strong chance of accepting the nomination.)David Brooks, Ross Douthat, David French, Michelle Goldberg and Bret Stephens are Times columnists.Jane Coaston is a Times Opinion writer.Rosie Gray (@RosieGray) has covered the conservative movement for more than a decade as a political reporter for BuzzFeed News and The Atlantic.Mike Madrid is a Republican political consultant and a co-founder of the Lincoln Project.Liz Mair (@LizMair) has served as a campaign strategist for Scott Walker, Roy Blunt, Rand Paul, Carly Fiorina and Rick Perry. She is the founder and president of Mair Strategies.Daniel McCarthy is the editor of “Modern Age: A Conservative Review.”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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      Barr and Durham Made a Mockery of the Rules I Wrote

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      The recent revelations about Special Counsel John H. Durham’s investigation of the origins of Robert Mueller’s Russia inquiry paint a bleak picture — one that’s thoroughly at odds with governing law. Those rules, called the Special Counsel Regulations, contemplate someone independent of the attorney general who can reassure the public that justice is being done.I drafted those guidelines as a young Justice Department official, and there is zero chance that anyone involved in the process, as it was reported on by The New York Times, would think that former Attorney General William Barr or Mr. Durham acted appropriately.According to the report, Mr. Barr granted Mr. Durham special counsel status to dig into a theory that the Russia investigation likely emerged from a conspiracy by intelligence or law enforcement agencies. That investigation took almost four years (longer than Mr. Mueller’s inquiry) and appears to be ending soon without any hint of a deep state plot against Mr. Trump.Furthermore, the reporting suggests that the Durham inquiry suffered from internal dissent and ethical disputes as it lurched from one unsuccessful path to another, even as Americans heard a misleading narrative of its progress.But now Merrick Garland, not Mr. Barr, is the attorney general, and the regulations give him the power to require Mr. Durham to explain himself — and to discipline and fire Mr. Durham if the explanation is not adequate. Right now, there are a plethora of investigations in Washington — in addition to Mr. Durham’s, two special counsels are looking into presidential handling of classified documents, the new Republican House of Representatives has created a “weaponization” of government committee and the new House Oversight Committee is ramping up as well.At this moment, it is critical for Mr. Garland to use the supervisory powers under the Special Counsel Regulations that govern Mr. Durham to remind Americans of what actual justice, and independent investigations and decision making, look like.The special counsel regulations say that a special counsel must have “a reputation for integrity and impartial decisionmaking” and that, once appointed, the counsel “shall not be subject to the day-to-day supervision” of the attorney general or any other Justice Department official.The point of the regulations was to create a strong degree of independence, especially in highly fraught political investigations where the attorney general’s status as a presidential appointee might cause the public to question the appearance of partiality. The appointment of Robert Hur, a former Trump-appointed U.S. attorney, to examine President Biden’s handling of classified documents is a perfect illustration. The special counsel is supposed to be someone who cannot be reasonably accused of laundering an attorney general’s dirty work.In light of the new reporting, it is hard to view Mr. Durham as anything else. Indeed, no one involved in developing these regulations thought that a prosecutor who has regular scotch-sipping sessions with the attorney general would ever be remotely fit for the job. Yet that was the relationship reportedly developed by Mr. Durham and Mr. Barr, who jetted off to Italy as a team, where they learned of a lead about President Trump and potential criminal acts. Mr. Barr gave that investigation, too, to Mr. Durham, where it appears to have died.The regulations were set up to avoid a headless fourth branch of government, and so gave the attorney general the power to discipline or fire a special counsel. The Justice Department inspector general, too, should immediately begin an investigation, as members of Congress have recently requested.The regulations also require Mr. Durham to write a final report outlining his actions. Mr. Garland should call for that report immediately, and if Mr. Durham claims he has some ongoing work to do, he should be told to submit an interim report for Mr. Garland.That report should go into detail about the Italy-focused investigation of Mr. Trump and what the investigators found. And Mr. Garland should scrutinize that report closely, because it certainly appears that we can’t trust Mr. Durham’s prosecutorial judgment. Mr. Barr has said that the Italian tip “was not directly about Trump” and that it “turned out to be a complete nonissue,” but given his and Mr. Durham’s many failures and obfuscations, there is a need for more than Mr. Barr’s word.Remember, Mr. Durham tried to prosecute Michael Sussmann, a former lawyer for Hillary Clinton’s campaign, but the jury acquitted him. He then tried to prosecute Igor Danchenko about the Steele Dossier, but that prosecution led to an acquittal, too.As many lawyers will tell you, a federal prosecutor almost has to go out of his way to be 0-2 in federal jury trials. Mr. Durham managed to do it. (His only measly conviction was a minor plea for a low-level F.B.I. lawyer.) Still, Mr. Durham’s failures in court do not show a violation of the special counsel regulations. They just show bad judgment.Attorney General William Barr with Donald Trump in front of the Capitol building in 2019.Doug Mills/The New York TimesMr. Garland knows all this, so he should demand a report — though this would not be the sort of report that should be automatically made public. It may very well be that the investigation into Mr. Trump off the Italian lead fizzled because there was nothing to the allegations. If so, Mr. Garland can say that he is refusing to make the report public, but that he has looked into the matter and is satisfied by Mr. Durham’s resolution of it.That, too, is something the special counsel regulations contemplated — they were drafted after the Starr Report and its gratuitous tarnishing of individuals, and so they made clear the special counsel’s report need not be public. (More recently, James Comey tarnished Hillary Clinton in a similar way, underscoring the need for the Justice Department to speak through indictments, not public attacks.)Unfortunately, Mr. Durham and Mr. Barr allowed a misleading narrative to gain traction in public. When news organizations began to report in October 2019 that Mr. Durham’s investigation had morphed from an administrative inquiry into a criminal investigation, creating the misimpression that there might have been criminal wrongdoing by those involved in the Russia investigation, neither man corrected the narrative, even though the real investigation involved Mr. Trump.The Trump administration dealt an awful blow to the notion of a fair investigation. Mr. Trump’s playbook was to relentlessly attack the investigators. Yet foundational to our government is the notion that no one is above the law.Assuming the reporting is accurate, Mr. Barr and Mr. Durham behaved in a way that betrayed this bedrock principle. The question of who guards the guardians has plagued democracies since Juvenal. If Mr. Durham were not acting with the independence required for the position, it corrodes the rule of law and opens the door to the perception, if not the reality, of special treatment for the politically powerful.Mr. Garland has the power now to examine the accuracy of the reporting and to take the corrective action necessary to ensure that no adverse precedent is set for future investigations into high-level wrongdoing.Neal K. Katyal is a professor at Georgetown University Law Center and a co-author, with Sam Koppelman, of “Impeach: The Case Against Donald Trump.” He was an acting solicitor general in the Obama administration.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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      in Elections

      Will Trump and Biden Gang Up on DeSantis?

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      If President Biden sometimes sounded a lot like Donald Trump during his State of the Union address, boasting about a record of economic nationalism, the imitation may soon run the other way. Biden’s attacks on congressional Republicans for being allegedly eager to cut Medicare and Social Security were a clear preview of how he hopes to run against the G.O.P. in 2024. But they were also a possible preview of how Trump may try to reclaim his own party’s nomination — by reprising his 2016 campaign’s rejection of Tea Party austerity and attacking potential rivals (which means, primarily, Ron DeSantis) as libertarian dogmatists who don’t care about the middle class.That strategy was previewed a bit recently by Joseph Zeballos-Roig and Shelby Talcott in Semafor. Their subject was the so-called Fair Tax, a longstanding fascination for certain right-wing activists that proposes to replace the U.S. tax code with a sales tax. This would yield certain advantages in economic efficiency; it would also result in a dramatic tax increase on the middle class.In the heyday of the Tea Party, when implausible policy proposals were all the rage, the Fair Tax was endorsed by many of today’s 2024 hopefuls: by Nikki Haley, Mike Pence and Mike Pompeo and, yes, by DeSantis himself. Which gives Trump a license to accuse all these potential rivals of supporting a middle-class tax hike — and the Semafor writers quote a Trumpworld source basically promising an attack along those lines, to force Trump’s rivals to “answer for what they supported and what they’ve advocated in the past.”That same quote could easily apply to the proposed entitlement changes that many Republicans (again, including DeSantis) embraced in the same era, under the influence of Paul Ryan’s budget blueprints. Those proposals were serious rather than crankish, if ill-timed for a moment when there was more fiscal space than deficit hawks believed. But they were also seriously unpopular, and Trump’s discarding of them was crucial to his success in 2016. And having discarded them then, he’s well positioned to go after DeSantis and others now — in imitation of not only his prior campaign but also, as National Review’s Philip Klein points out, the strategy pursued by Mitt Romney in the 2012 primaries, when he sank Rick Perry’s candidacy in part by blasting Perry for calling Social Security a “Ponzi scheme.”This means that the non-Trump G.O.P. can expect to spend the looming presidential race facing similar attacks from the Biden White House and the Trump campaign. Making the similarity too obvious could backfire on Trump. But the peril for the G.O.P. is that even if Trump can’t beat DeSantis by harping on his past positions, he will still be reinforcing for swing voters the liberal narrative that (non-Trump) Republicans care only about the rich.In one sense that narrative shouldn’t be too hard for DeSantis to counteract, since his record as governor of Florida is more moderate than libertarian — with increases in teacher pay, support for environmental protection and so on — and it’s not clear that voters care that much about long-ago votes if they aren’t tied to specific policy proposals now.But the question is what exactly DeSantis’s more of-the-moment policy proposals would be, in a fiscal landscape constrained by inflation for the first time in decades. There’s certainly a scenario in which he abjures austerity and embraces pro-family and industrial-policy spending, maybe even finds a few modest tax increases that own the professional-class liberals, and thereby evades the Trump-Biden pincer.But it won’t be easy to pull off. Especially because part of Trump’s strength has always been that he doesn’t need the Republican Party’s donor class in the way that normal politicians do, while DeSantis will need to rally that class if he’s going to dethrone the former president. And the price of their support will be, most likely, something that isn’t particularly popular: not an idea from the fringes like Fair Tax or a big entitlement overhaul proposal, necessarily, but at the very least a budget-eating tax cut that probably won’t be populist in any way.Again, 2012 is an interesting precedent. Part of what killed Romney in that general election was that even though he championed Social Security against Perry and declined to embrace any crankish tax proposals, he still ended up saddled with a tax overhaul plan that donors and activists liked but that was easy for the Democrats to attack.It’s not hard to imagine a DeSantis candidacy that rallies the establishment and defeats Trump only to end up in a similar general‌-‌election position. Which suggests one way in which Trump’s populist attacks on other Republicans could actually be helpful to the party’s chances. They’ll leave no doubt, for DeSantis or any other figure, about the political weaknesses of traditional right-wing policymaking. And they might force an early adaptation that otherwise could come, like Romney’s attempted pivots in 2012, as too little and too late.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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      Your Monday Briefing: The Fallout from a Police Beating

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      Also, violence is flaring in Israel and the West Bank.People gathered in protests across the country after the footage was released.Ahmed Gaber for The New York TimesU.S. grapples with another police beatingThe release of a video on Friday showing five officers with the Memphis Police Department pummeling and pepper-spraying Tyre Nichols, a 29-year-old Black man, prompted horror and disgust from law enforcement officials, lawmakers and other people across the U.S.The officers, according to the video, escalated their use of physical force and gave conflicting orders. It does not appear that Nichols fought back during the beating. At one point, he yelled out for his mother. Once medics were on the scene, they stood by for more than 16 minutes without administering treatment.Nichols had been stopped for what the police originally said was reckless driving. He died three days later, and an independent autopsy found that he “suffered extensive bleeding caused by a severe beating.”The City of Memphis released the video a day after the officers were charged with second-degree murder and other felonies. The five officers are all Black, a fact that has shifted the national conversation toward police culture itself. Many argue that the police system and its tactics foster racism and violence more than the racial identity of any particular officer does.Response: The country has grappled repeatedly with high-profile cases of Black men and women being killed by police officers. The relatively swift release of the footage reflects a national shift about how police investigate and talk about those cases.Fallout: On Saturday, the Memphis Police Department announced that it had disbanded the controversial unit in which the five officers had worked.Tyre Nichols: A skateboarder and nonconformist, Nichols cut his own path from California to Tennessee.In January alone, at least 30 Palestinians have been killed, including five children. So have seven Israelis.Ahmad Gharabli/Agence France-Presse — Getty ImagesViolence flares in Israel, the West BankA series of raids and attacks since Thursday in the Israeli-occupied West Bank and Jerusalem have left more than 20 people dead. Yesterday, an 18-year-old Palestinian man was fatally shot outside an Israeli settlement.Israel’s new far-right government has been in power for only a month. But on its watch, Israelis and Palestinians have already experienced one of the most violent phases, outside a full-scale war, in years. Nine Palestinians were shot dead on Thursday morning, in the deadliest Israeli raid in at least a half-decade. Yesterday, a tenth person died. On Friday, a Palestinian gunman killed seven people outside a synagogue in Jerusalem, the deadliest attack on civilians in the city since 2008. On Saturday, an attacker who the police said was 13 years old shot and injured two Israelis near a settlement in East Jerusalem.In response, Israel’s government on Saturday said it planned to expedite gun licenses for Israeli citizens, reinforce military and police units to carry out more arrests of Palestinians and conduct operations aimed at seizing Palestinians’ weapons.What’s next: Analysts fear that Israeli policies are likely to inflame an already volatile situation, our Jerusalem bureau chief, Patrick Kingsley, reports. Rising frustration and violence among young Palestinians are also contributing to a combustible situation.The missing capsule came from a Rio Tinto mine.Jorge Guerrero/Agence France-Presse — Getty ImagesA missing radioactive capsule in AustraliaAuthorities in Western Australia are searching for a dangerously radioactive capsule. It’s smaller than a penny and could be anywhere along a vast desert highway.The device, part of a sensor used in mining, is believed to have fallen off a truck that drove from a Rio Tinto mine in Western Australia’s remote north to Perth, the state capital. The 870-mile trip (1,400 kilometers) took several days. The search involves the use of radiation detectors. “What we are not doing is trying to find a tiny little device by eyesight,” an official said.If you spot it: Stay at least five meters away. The capsule contains cesium-137. An hour of exposure at about a meter away equals having had 10 X-rays. Prolonged contact can cause skin burns, acute radiation sickness and cancer.THE LATEST NEWSThe Australian OpenNovak Djokovic beat Stefanos Tsitsipas of Greece in straight sets.Manan Vatsyayana/Agence France-Presse — Getty ImagesNovak Djokovic won the men’s singles title at the Australian Open, a year after he refused to get vaccinated against the coronavirus and missed the tournament. It’s the 10th time he has won the tournament, and his 22nd Grand Slam title.Aryna Sabalenka of Belarus won the women’s singles title. She beat Elena Rybakina of Kazakhstan.Asia PacificA bus in Pakistan fell into a ravine and caught fire, killing at least 40 people.Floods in Auckland, New Zealand’s largest city, killed at least four people, the BBC reports, after the area suffered its worst recorded downpour.China’s oil and gas consumption fell in 2022 for the first time in decades.Most Australians under 35 support moving the date of Australia Day from Jan. 26.Asia is cold. Blame the polar vortex.The War in UkraineUkraine’s military said its soldiers had repelled Russian attacks on villages near the eastern city of Bakhmut.The Kremlin outlawed Meduza, a leading independent news site based in Latvia.The Czech Republic decisively elected Petr Pavel, a retired senior NATO general, as its president, cementing its position as a supporter of Ukraine.U.S. officials overseeing aid insist that Ukraine is tackling corruption after the recent dismissal of top officials.Two men facing Russia’s draft used a fishing boat to seek asylum in the U.S.Around the WorldPeru’s government is portraying demonstrators as pawns for nefarious interests.Marco Garro for The New York TimesProtests are growing in Lima, led largely by Indigenous, rural and poorer Peruvians who are calling on the president to resign.Prime Minister Rishi Sunak of Britain fired Nadhim Zahawi, the chair of the Conservative Party, over his tax affairs.Donald Trump held his first public events after formally opening his comeback bid for the White House.The Netherlands and Japan will join the U.S. in banning some shipments of their chip technology to China.A Morning ReadPeople with Gallic inclinations. Or, perhaps, people under the influence of French civilization.Dmitry Kostyukov for The New York TimesThe Associated Press caused a brouhaha when it offered a style tip: “We recommend avoiding general and often dehumanizing ‘the’ labels such as the poor, the mentally ill, the French, the disabled.” That didn’t sit well with the French. (What else would we call them, “people of Frenchness”?) “In fact, the French rather like being stereotyped as the French,” our Paris bureau chief writes. “They undergo Frenchness with considerable relish.”ARTS AND IDEASFuture cringeOne day we’ll look back on the early 2020s and wonder: What were we thinking? The Times asked more than 30 people from academia, the media, the arts and beyond to weigh in on what they think will one day make us cringe.Their responses include: the monarchy, plastic bottles, selfies and gender-reveal parties. Also, the pandemic and our responses to it, and using the word “journey” to describe anything other than a perilous trek.Kevin Kelly, the co-founder of Wired magazine, gave my favorite answer, which includes: “Eating dead animals. Not being able to have two spouses at once. Fearing human clones. (They are serial twins.) Wrapping food in plastic. Thinking you needed permission to visit another country.”PLAY, WATCH, EATWhat to CookChristopher Testani for The New York TimesPeanut butter-glazed salmon is fast and fun.What to Watch“Poker Face,” starring Natasha Lyonne, just might be the best detective show in 50 years.What to Listen toSam Smith’s fourth album, “Gloria,” includes bold, danceable tracks.The News QuizHow closely did you follow last week’s headlines?Now Time to PlayPlay the Mini Crossword, and a clue: Doctors’ org. (three letters).Here are the Wordle and the Spelling Bee.You can find all our puzzles here.That’s it for today’s briefing. See you next time. — AmeliaP.S. The Times is on TikTok. Check us out @nytimes.Start your week with this narrated long read about threats to the Amazon. “The Daily” is about Iran’s protests.We’d like your feedback. You can reach us at briefing@nytimes.com. More

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      in World Politics

      Congress is Right: Lebanon Needs Fixing

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      The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More

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      in Elections

      Older Voters Know Exactly What’s at Stake, and They’ll Be Here for Quite a While

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      Is it time to call the next election “the most important in American history”? Probably. It seems like it may involve a judgment on democracy itself. Americans with a lot of history will play a key role in determining its outcome.And judging in part by November’s midterms, they may not play the role that older voters are usually assigned. We at Third Act, the group we helped form in 2021, think older Americans are beginning a turn in the progressive direction, a turn that will accelerate as time goes on.A lot has been written about the impact of young voters in November’s contests, and rightly so. The enormous margins that Democrats ran up among voters under 30 let them squeak through in race after race. Progressives should be incredibly grateful that the next generation can see straight through Trumpism in a way too many of their elders can’t.But there were also intriguing hints of what looked like a gray countercurrent that helped damp the expected red wave. Yes, older people by and large voted Republican, in keeping with what political scientists have long insisted: that we become more conservative as we age. But in the 63 most competitive congressional districts, the places where big money was spent on ads and where the margin in the House was decided, polling by AARP, an advocacy group for people over 50, found some fascinating numbers.In early summer, Republicans had a sturdy lead among older voters in 50 of those districts, up 50 percent to 40 percent. Those had Republicans salivating. But on Election Day, voters over 65 actually broke for Democrats in those districts, 49 to 46.That doesn’t surprise us at Third Act. We’re nonpartisan, but we’ve learned that demographic is far less settled than people sometimes suppose.Some of the issues that benefited Democrats are obvious, of course. Republican messaging included calls for weakening Social Security and Medicare even though most older beneficiaries rely on Social Security for most of their income, and for an estimated 40 percent it’s all their retirement income. The cruelty of toying with people’s life support systems is matched only by its political foolishness. Among voters 65 and over, Social Security and Medicare were among the top concerns.But something else happened, too. When the Supreme Court tossed out Roe v. Wade in early summer, most of the pictures were of young women protesting, appropriately, since it’s their lives that will be turned upside down. But people we know in their 60s and 70s felt a real psychic upheaval: A woman’s right to choose had been part of their mental furniture for five decades. And they’ve lived their entire lives in what they had imagined was a stable and working democracy.The top concern to voters 65 and over, especially women, was “threats to democracy,” according to AARP. And exit polling by the Kaiser Family Foundation found that among women 50 and older, the court’s decision overturning the constitutional right to abortion had a major impact on which candidate they supported. Sixty-six percent of Black women said so, as did 61 percent of Hispanic women and 48 percent of white women. Voters who said the Supreme Court’s abortion decision was the single most important factor in their vote supported Democrats by a margin of 2 to 1.Some of our members helped organize access to abortion before Roe was decided in 1973; they don’t want to go back. And it’s not only abortion: The Supreme Court also took on the Clean Air Act of 1970 and the Voting Rights Act of 1965. We helped win these fights once, turning out by the tens of millions to oppose the war in Vietnam or for the first Earth Day. And we can help win them again — we have the muscle memory of what organizing on a big scale feels like.Hundreds of us from around the country converged on Nevada in the days before the midterm vote, because we determined — correctly, as it turned out — that it might be the place where control of the Senate would be decided. We may walk a tad slower door-to-door, but in this case slow and steady helped to win the race.With the election past, Third Act is now digging into work on climate change — in particular targeting the big American banks (JPMorgan Chase, Citigroup, Wells Fargo, Bank of America) that are also the biggest lenders to the fossil fuel industry. On March 21 we’ll be cutting up bank credit cards and picketing bank branches across the country. We know that young people have been in the lead in this fight, because they’ll have to live with the world we’re creating. But as long as we’re still here, we’ll have to live with the knowledge of what we’re leaving behind, so we want to change it while we still can.We recognize that this will require a sustained effort beyond the next election and the election after that. Numerous analysts and demographers do believe that coming demographic changes in the United States will generally favor Democrats. But complications abound. Partisan gerrymandering continues to favor Republicans, for instance, and at least five states that generally vote Democratic have each lost a seat from their congressional delegations.But here’s the thing. Many of us are going to be here for quite a while. Ten thousand Americans turn 60 every day, and on average we’ll live another 23 years. The last of the baby boomers, will be 65 or older in 2030. Youth voters, moreover, are youth voters for only about a decade. One guarantee for 2024: We’ll vote in huge numbers, as we always do. One possibility is that we’ll help turn back the clock a little, toward the world we actually built in our youth.We’re not your parent’s grandparents.Bill McKibben is the founder of Third Act, helped found the climate advocacy group 350.org and is the author of the memoir “The Flag, the Cross, and the Station Wagon.” Akaya Windwood is the lead adviser for Third Act and a co-author of “Leading With Joy.”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