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Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicIn a special series leading up to Election Day, “The Daily” will explore what a second Trump presidency would look like, and what it could mean for American democracy. In the first part, we will look at Tump’s plan for a second term. On the campaign trail, Trump has outlined a vision that is far more radical, vindictive and unchecked than his first one. Jonathan Swan and Maggie Haberman, political correspondents for The Times, and Charlie Savage, who covers national security, have found that behind Trump’s rhetoric is a highly coordinated plan to make his vision a reality.
Persons: Trump, Jonathan Swan, Maggie Haberman, Charlie Savage Organizations: Spotify, The Times
The Supreme Court heard arguments on Thursday about Donald J. Trump’s claim that the federal charges accusing him of plotting to overturn the 2020 election must be thrown out because he is immune from being prosecuted for any official act he took as president. Several justices seemed to want to define some level of official act as immune. Although Mr. Trump’s claim of near-absolute immunity was seen as a long shot intended primarily to slow the proceedings, several members of the Republican-appointed majority seemed to indicate that some immunity was needed. Some of them expressed worry about the long-term consequences of leaving future former presidents open to prosecution for their official actions. Chief Justice John G. Roberts Jr. criticized an appeals court ruling rejecting immunity for Mr. Trump, saying he was concerned that it “did not get into a focused consideration of what acts we are talking about or what documents are talking about.”
Persons: Donald J, Trump’s, Brett Kavanaugh, John G, Roberts Jr, Trump, , Organizations: Republican
From the courts to the campaign trail, former President Donald J. Trump is challenging a hallmark of American-style democracy: its suspicion of concentrated power. The Supreme Court will hear arguments on Thursday over Mr. Trump’s claim that criminal charges against him in the federal election subversion case must be thrown out because the Constitution makes him all but immune from being prosecuted for actions he took as president — no matter what the evidence may show. That vision of a presidency operating above the law dovetails with second-term plans that Mr. Trump and his allies are making to eliminate myriad internal checks and balances on the executive branch and to centralize greater power in his hands. That would include eliminating independent agencies and job protections for tens of thousands of senior civil servants.
Persons: Donald J, Trump, Trump’s,
The Senate early on Saturday approved an extension of a warrantless surveillance law, moving to renew it shortly after it had expired and sending President Biden legislation that national security officials say is crucial to fighting terrorism but that privacy advocates decry as a threat to Americans’ rights. The law, known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA, had appeared all but certain to lapse over the weekend, with senators unable for most of Friday to reach a deal on whether to consider changes opposed by national security officials and hawks. But after hours of negotiation, the Senate abruptly reconvened late on Friday for a flurry of votes in which those proposed revisions were rejected, one by one, and early on Saturday the bill, which extends Section 702 for two years, won approval, 60 to 34. “We have good news for America’s national security,” Senator Chuck Schumer of New York, the Democratic majority leader, said as he stood during the late-night session to announce the agreement to complete work on the bill. “Allowing FISA to expire would have been dangerous.”
Persons: Biden, , Chuck Schumer Organizations: Foreign Intelligence, FISA, Democratic Locations: New York
A hidden dispute over whether a data center for cloud computing must cooperate with a warrantless surveillance program prompted the House last week to add a mysterious provision to a bill extending the program, according to people familiar with the matter. The disclosure helps clarify the intent behind an amendment that has alarmed privacy advocates as Senate leaders try to swiftly pass the bill, which would add two more years to a wiretapping law known as Section 702. The provision would add to the types of service providers that could be compelled to participate in the program, but it is written in enigmatic terms that make it hard to understand what it is supposed to permit. Data centers are centralized warehouses of computer servers that can be accessed over the internet from anywhere in the world. In the cloud computing era, they are increasingly operated by third parties that rent out the storage space and computing power that make other companies’ online services work.
States could, in theory, try to keep Mr. Trump off the ballot by passing legislation requiring a clean criminal record, but this would be on legally shaky ground. The California Supreme Court also unanimously blocked it as a violation of the state constitution, and the case never reached the U.S. Supreme Court. And the 14th Amendment is separate from criminal cases, meaning convictions would not disqualify Mr. Trump either. Now that Mr. Trump has secured a majority of delegates to the Republican convention, the party has no mechanism to nominate somebody else. Mr. Trump is registered to vote in Florida, and he would be disenfranchised there if convicted of a felony.
Persons: Donald J, Trump, Eugene V, Debs, Jessica Levinson, , , Anthony Michael Kreis, that’s, , Richard L, Kreis, — Ron DeSantis, Chris Taylor, Erwin Chemerinsky, “ It’s, Levinson, Biden, Mr, Chemerinsky, Nixon, Justice Department —, Trump Justice Department —, Jones, Bill Clinton, Charlie Savage Organizations: Republican, Democratic, Loyola Law School, California Supreme, U.S, Supreme, Colorado Supreme, Mr, Georgia State University, University of California, Florida, Offender, New, Justice Department, Trump Justice Department Locations: United States, New York, Georgia, California, Colorado, Los Angeles, Florida, Berkeley, Clinton
The House on Friday passed a two-year reauthorization of an expiring warrantless surveillance law known as Section 702, reversing course after the bill collapsed days earlier when former President Donald J. Trump urged his allies to “kill” it. But disappointing privacy advocates, the House narrowly rejected a longstanding proposal to require warrants to search for Americans’ messages swept up by the program. Here is a closer look. It is a law that allows the government to collect — on domestic soil and without a warrant — the communications of targeted foreigners abroad, including when those people are interacting with Americans. Under that law, the National Security Agency can order email services like Google to turn over copies of all messages in the accounts of any foreign user and network operators like AT&T to intercept and furnish copies of any phone calls, texts and internet communications to or from a foreign target.
Persons: Donald J, Trump Organizations: National Security Agency, Google
Even as president, Donald J. Trump flaunted his animosity for intelligence officials, portraying them as part of a politicized “deep state” out to get him. And since he left office, that distrust has grown into outright hostility, with potentially serious implications for national security should he be elected again. House Republicans agreed to move the legislation ahead on Friday only after revising it to ensure that Mr. Trump would get another crack at shaping it to his liking if he wins the presidency again. Indicted last year on charges of hoarding classified documents after leaving office and obstructing efforts to retrieve them, Mr. Trump has also translated his anger into legal arguments, telling a federal court that there is no reason to believe the “meritless claims” of agencies like the C.I.A. Intelligence agencies have shown a bias against Mr. Trump since the first impeachment against him, his lawyers have argued in the classified documents case, promising a fight if officials testify that his actions put the country at risk.
Persons: Donald J, Trump, Organizations: Wednesday, House Republicans, Intelligence
The House took a critical first step on Friday toward reauthorizing a law extending an expiring warrantless surveillance law that national security officials say is crucial to fighting terrorism, voting to take it up two days after a previous attempt to pass it collapsed. On a party-line vote of 213 to 208, the House agreed to take up the new version of the legislation, which would extend a section of the Foreign Intelligence Surveillance Act known as Section 702. That cleared the way for a debate Friday on proposed changes to the bill before a final vote on passage. The preliminary vote on Friday suggested that the measure was back on track after former President Donald J. Trump implored lawmakers this week to “kill” FISA, complaining that government officials had used it to spy on him. Should it pass the House, the Senate would still have to clear it, sending it to President Biden for his signature.
Persons: Mike Johnson, Donald J, Trump, Biden Organizations: Foreign Intelligence, FISA Locations: reauthorizing
Speaker Mike Johnson on Wednesday faced a buzz saw of Republican opposition to his bid to extend a warrantless surveillance law that national security officials call crucial to their efforts to fight terrorism, after former President Donald J. Trump urged lawmakers to kill the legislation. Republican leaders said they would plunge ahead with a midday vote to bring up the bill, which would extend a section of the Foreign Intelligence Surveillance Act known as Section 702 and make modest changes. Aides said it was possible that Republicans would yank the bill if they failed to quell the brewing revolt. No Democrats were expected to vote to move forward on the measure — among other things, Republicans have bundled it with an unrelated resolution condemning President Biden’s border policies — so just three Republican defections would be enough to scuttle the move. At least one hard-right member, Representative Matt Gaetz of Florida, has already pledged to try to tank it.
Persons: Mike Johnson, Donald J, Trump, yank, Biden’s, Matt Gaetz Organizations: Wednesday, Republican, Foreign Intelligence, Republicans Locations: Florida
A judge overseeing the criminal election interference case against former President Donald J. Trump in Georgia declined on Friday to disqualify the district attorney leading the prosecution, Fani T. Willis, over a romantic relationship she had with the lawyer she hired to manage the case, Nathan J. But even as the judge, Scott McAfee of Fulton County Superior Court, rejected the claim by one of Mr. Trump’s co-defendants, Mike Roman, that the relationship raised an actual conflict of interest by giving Ms. Willis a financial stake in the case, the judge also ruled that it raised “a significant appearance of impropriety.”The judge gave her two choices: either Mr. Wade leaves her prosecution team, or she and her office must step aside from the case.
Persons: Donald J, Trump, Fani, Willis, Nathan J, Wade, Scott McAfee, Trump’s, Mike Roman Organizations: Fulton County Superior Court Locations: Georgia, Fulton County
The Wall Street Journal declared that the transcripts of Biden’s deposition with Hur released on Tuesday painted “a more nuanced picture” than the report indicated. Strangely, that characterization of Biden didn’t find its way into his report — and, thus, the crush of ensuing news stories. To be fair to news organizations, they were faced with a thorny, difficult decision after the Hur report dropped. On the other hand, leaning hard into the report, producing scores of stories and television segments about Hur’s characterization of Biden’s age, proved ultimately to be unwise as well. What news organizations can do now, however, is forcefully acknowledge that the deposition transcript poured cold water on Hur’s over-the-top characterization of Biden’s mental fitness.
Persons: Joe, Robert, Hur, Biden, “ clearheaded, Biden “ doesn’t, Charlie Savage, ” Hur, Biden didn’t, commendably, Bill Grueskin, Organizations: New, New York CNN, Street Journal, New York Times, Washington Post, Fox, Biden, Columbia Journalism School Locations: New York, , That’s, U.S, Afghanistan, Wilmington
Robert K. Hur, the former special counsel who investigated President Biden’s possession of classified documents after he left the vice presidency, testified before the House Judiciary Committee on Tuesday. Republicans grilled Mr. Hur about his conclusion that the evidence was insufficient to charge Mr. Biden with a crime. Members of both parties were unhappy with aspects of Mr. Hur’s report. Republicans were upset that Mr. Biden was not charged with a crime, repeatedly noting the criminal indictment against former President Donald J. Trump that accuses him of willfully retaining sensitive national security documents. Democrats accused Mr. Hur of smearing Mr. Biden’s mental acuity, saying it violated Justice Department policies.
Persons: Robert K, Hur, Biden’s, Mr, Biden, , Hur’s, Donald J, Trump
A transcript of a special counsel’s hourslong interview of President Biden over his handling of classified files shows that on several occasions the president fumbled with dates and the sequence of events, while otherwise appearing clearheaded. In a report released last month, Mr. Hur concluded that there was insufficient evidence to charge Mr. Biden with a crime after classified documents ended up in an office he used after his vice presidency and in his home in Delaware. But the report also portrayed Mr. Biden, 81, as an “elderly man with a poor memory,” touching off a political furor amid his re-election campaign. Mr. Biden’s lawyers, who were present for five hours of questioning over two days, have challenged the damaging portrait by Mr. Hur, a former Trump administration official. But the transcript had not been publicly available to evaluate Mr. Hur’s assessment that Mr. Biden’s memory has “significant limitations.”
Persons: Biden, Robert K, Hur, Mr, Mr . Hur Organizations: The New York Times, Trump Locations: Delaware
All the opinions focused on legal issues, and none took a position on whether Mr. Trump had engaged in insurrection. In an interview on a conservative radio program, Mr. Trump said he was pleased by the ruling. The Colorado Supreme Court affirmed the first part of the ruling — that Mr. Trump had engaged in an insurrection. Mr. Trump asked the U.S. Supreme Court to intervene, setting out more than half a dozen arguments about why the state court had gone astray and saying his removal would override the will of the voters. 23-719, is not the only one concerning Mr. Trump on the Supreme Court’s docket.
Persons: Donald J, Trump, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson —, , , John G, Roberts, ” “, Amy Coney Barrett, Barrett, Bush, Gore, George W, Mr, ” Mr, Trump’s, Anderson, Michael Gold Organizations: Trump, Congress, Jackson, Health Organization, Colorado, Republican, United, The, The Colorado Supreme, Colorado Supreme, Mr, U.S, Supreme Locations: Dobbs v, United States, Colorado, The Colorado, New York
The Colorado Supreme Court affirmed the first part of the ruling — that Mr. Trump had engaged in an insurrection. Mr. Trump asked the U.S. Supreme Court to intervene, setting out more than half a dozen arguments about why the state court had gone astray and saying his removal would override the will of the voters. Both results are inconsistent with the plain language and history of Section 3.”The State Supreme Court addressed several other issues. 23-719, is not the only one concerning Mr. Trump on the Supreme Court’s docket. And the justices already agreed to decide on the scope of a central charge in the federal election-interference case against Mr. Trump, with a ruling by June.
Persons: Donald J, Trump, Bush, Gore, George W, Mr, , ” Mr, Trump’s, Jan, Anderson Organizations: Colorado, Republican, United, The, The Colorado Supreme, Colorado Supreme, Mr, U.S, Supreme, , Trump, Capitol Locations: United States, Colorado, The Colorado
The Supreme Court on Monday overturned a Colorado court ruling that had disqualified former President Donald J. Trump from the state’s primary ballot, concluding that the Constitution does not allow states to invoke the 14th Amendment to bar presidential candidates from seeking office. The provision bars people from office if they took an oath to uphold the Constitution but then engaged in an insurrection. Citing Mr. Trump’s attempt to overturn the 2020 election and the events of Jan. 6, 2021, the Colorado Supreme Court disqualified him, but the U.S. Supreme Court ruled that the state court had no authority to take that step. While the Supreme Court unanimously agreed that states cannot enforce Section 3, the justices split over whether to also say how the federal government may do so. None of the opinions addressed whether Mr. Trump engaged in insurrection.
Persons: Donald J, Trump, Trump’s Organizations: Colorado Supreme, U.S, Supreme Locations: Colorado
Michael Cargill, owner of Central Texas Gun Works in Austin, opposes the ban on bump stock sales. “During the Trump administration, the bump stock ban cropped up as a rather glaring example of unlawful administrative power,” Philip Hamburger, a founder of the New Civil Liberties Alliance, said in an email. Image A bump stock attaches to a semiautomatic rifle and enables it to fire at a much higher rate. In response, the Justice Department promised to review the legality of bump stocks, but A.T.F. Eventually, the full court agreed with Mr. Cargill by vote of 13 to 3, split along ideological lines.
Persons: Michael Cargill, , Cargill, Trump, ” Philip Hamburger, Elizabeth B, Prelogar, George Frey, Cargill strolled, , Mark Chenoweth, ” Mr, Chenoweth, Obama, ” “, Mr, Charles Koch, Jonathan F, Mitchell, Donald J, Stephen Paddock, Erin Schaff, Jennifer Walker Elrod Organizations: Central Texas Gun, Government, Army, New Civil Liberties Alliance, , Alcohol, Tobacco, Firearms, Explosives, National Firearms, Charles Koch Foundation, Koch Industries, Colorado Supreme, National Rifle Association, Justice Department, Congress, The New York Times Federal, U.S ., Appeals, Fifth Circuit, Mr, Gun Control Locations: Austin, Las Vegas, , , Texas
Supporters of the state laws say they foster free speech, giving the public access to all points of view. One contrarian brief, from liberal professors, urged the justices to uphold the key provision of the Texas law despite the harm they said it would cause. “Social media platforms exercise editorial judgment that is inherently expressive,” Judge Kevin C. Newsom wrote for the panel. To the surprise of many, some prominent liberal professors filed a brief urging the justices to uphold a key provision of the Texas law. In the second case, Miami Herald v. Tornillo, the Supreme Court in 1974 struck down a Florida law that would have allowed politicians a “right to reply” to newspaper articles critical of them.
Persons: Samuel A, Alito Jr, , Scott Wilkens, Ron DeSantis, John Tully, Donald J, Trump, Greg Abbott of, , Ken Paxton, , Andrew S, Oldham, Kevin C, Newsom, Lawrence Lessig, Tim Wu of, Teachout, Mandel Ngan, Richard L, “ Florida’s, Moody, Paxton, Robins, William H, Rehnquist, Pat L, Tornillo, Warren E, Burger Organizations: Facebook, YouTube, Columbia University, Big Tech, The New York Times, Gov, Republican, Computer & Communications Industry, New York Times, Fox News, U.S ., Appeals, Fifth Circuit, ISIS, Harvard, Tim Wu of Columbia, Zephyr, Fordham, Twitter, Manchester Union, Citizens United, Agence France, University of California, Miami Herald, Florida, Representatives, Constitution Locations: Florida, Texas, Greg Abbott of Texas, Ukraine, Los Angeles, Campbell , Calif
The Supreme Court heard arguments for nearly four hours on Monday on a pair of First Amendment cases challenging laws in Florida and Texas that seek to limit the ability of internet companies to moderate content on their platforms. Here are some takeaways:The cases could shape the future of internet discourse. The coalition won preliminary injunctions blocking both states from enforcing the laws while broader First Amendment issues are litigated. The court might send the cases back down. Both liberal and conservative justices signaled that they would prefer to have a more developed record about how the law would operate, raising the possibility that the Supreme Court could return the case to lower courts for more fact finding.
Persons: Donald J, Trump Organizations: Facebook, YouTube, Capitol Locations: Florida, Texas, Silicon
The large-scale military strikes the United States has directed at the Houthis, an Iran-backed militant group in Yemen that has disrupted shipping in the Red Sea, has forced the Biden administration to wrestle over what it can do without congressional approval. The question has helped fuel at least two major legal policy dilemmas, according to officials familiar with internal deliberations among national security lawyers: One is how a Vietnam-era law that was intended to limit wars that lack congressional authorization applies to the conflict, and the other is what to do with captured detainees. On Thursday, a senior administration official offered the most detailed account to date about its view of the Vietnam-era law, the War Powers Resolution, and the Justice Department disclosed that it had taken custody of 14 prisoners the military had been holding for over a month. Together, the developments shed light on what the Biden administration sees as the scope and limits of its power in the conflict with the Houthis, part of the widening regional conflagration that has spun out of the Israel-Hamas war following the Oct. 7 terrorist attacks and Israel’s invasion of Gaza.
Persons: Biden Organizations: Justice Department Locations: United States, Iran, Yemen, Red, Vietnam, Israel, Gaza
President Biden is considering executive action that could prevent people who cross illegally into the United States from claiming asylum, several people with knowledge of the proposal said Wednesday. The move would suspend longtime guarantees that give anyone who steps onto U.S. soil the right to ask for safe haven. The order would put into effect a key policy in a bipartisan bill that Republicans thwarted earlier this month, even though it had some of the most significant border security restrictions Congress has contemplated in years. The action under consideration by the White House would have a similar trigger for blocking asylum to new entrants, the people with knowledge of the proposal say. They spoke on the condition of anonymity to discuss internal deliberations.
Persons: Biden Organizations: Republicans Locations: United States
The White House clashed with the Justice Department in the run-up to the release of a special counsel report last week about President Biden’s handling of classified information, previously undisclosed correspondence shows. The letters, obtained by The New York Times, show that a top Justice Department official rejected complaints from Mr. Biden’s lawyers about disparaging comments in the report regarding the president. The lawyers wrote to Attorney General Merrick B. Garland the day before he released the report by the special counsel, Robert K. Hur. They raised objections to passages in the report in which Mr. Hur suggested that Mr. Biden’s memory was failing and questioned some of his actions, even though the special counsel had found no basis to prosecute the president. The lawyers said Mr. Hur’s comments “openly, obviously and blatantly violate department policy and practice,” the letters show.
Persons: Biden’s, General Merrick B, Garland, Robert K, Hur, Hur’s, Organizations: Justice Department, The New York Times
The White House’s review of whether to release a transcript of a special counsel’s interview of President Biden that set off a political furor is being complicated by the sensitive material it covers, including classified information, security measures and discussions that could be subject to executive privilege, people familiar with the matter said. The White House has been pressed by reporters seeking the transcript since the release last week of the report by Robert K. Hur, a special counsel who investigated Mr. Biden’s handling of classified records from his vice presidency after he left office. And three Republican chairmen of House oversight committees have sent a letter to Attorney General Merrick B. Garland demanding that he turn over both the transcript and audio recording. Such a disclosure does not appear imminent, according to people who spoke on the condition of anonymity to discuss sensitive internal matters about why the review is challenging. Mr. Hur, who was appointed by Mr. Garland and had served as a political appointee in the Trump Justice Department, found that “no criminal charges are warranted” against Mr. Biden even though classified material from his vice presidency had been found at an office and in his home.
Persons: Biden, Robert K, Hur, General Merrick B, Garland, . Hur Organizations: White, Trump Justice Department, Mr
A special counsel’s conclusion that “no criminal charges are warranted” against President Biden for possessing classified material while he was out of office stands in contrast with another special counsel’s decision to bring criminal charges against former President Donald J. Trump for keeping classified documents after he left the White House. After the Justice Department released the final report of the special counsel in the Biden documents inquiry this week, Mr. Trump sought to portray the two matters as equivalent and declared that he was being treated differently for political reasons. “You know, look, if he’s not going to be charged, that’s up to them — but then I should not be charged,” Mr. Trump said at a campaign event in Harrisburg, Pa. “This is nothing more than selective persecution of Biden’s political opponent: me.”But despite their superficial similarity, the facts of the two cases are very different, as the report by the special counsel in the Biden inquiry — Robert K. Hur, a Republican whom Mr. Trump had previously appointed to two Justice Department positions — stressed. Here is a closer look.
Persons: Biden, Donald J, Trump, he’s, Mr, Robert K, Hur, Organizations: Trump, White, Justice Department, Biden, Republican Locations: Harrisburg, Pa
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