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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

☆ White House Clashed With Justice Dept. Over Special Counsel Report
▼ + stars: | 2024-02-15 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

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

☆ Review of Sensitive Issues Slows Potential Release of Biden Transcript
▼ + stars: | 2024-02-14 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

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

☆ How Biden’s Mishandling of Classified Papers Differs From Trump’s Criminal Case
▼ + stars: | 2024-02-10 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

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

Mr. Trump needled Ms. Haley for her performance on social media, calling the result a “bad night” for her. In a Trump campaign email, Steven Cheung, a spokesman, called it “brutal” and contended that the Haley campaign acknowledged it had “intentionally disrespected the people of Nevada” by refusing to campaign there. Ms. Haley cast her party as mired in the same disorder that surrounds the man who has remade it in his image. It does not help that Mr. Trump’s allies have worked behind the scenes to skew primary and delegate rules to his advantage. Nevertheless, onstage in Los Angeles, Ms. Haley told the audience she wasn’t going anywhere.

Persons: Nikki Haley, Donald J, Trump, “, — he’s, ” Ms, Haley, ”, Ms, —, you’re, “ we’ve, Haley’s, Steven Cheung, Ronna McDaniel, Mr, Trump’s, “ Donald Trump Organizations: United Nations, Republican, Hollywood Post, American Legion, ”, Trump, Republican National Committee, Mr Locations: Los Angeles, Nevada’s, New Hampshire, South Carolina, Nevada, California

In analyzing whether Section 3 of the 14th Amendment applied to Mr. Trump, a trial court judge in Denver and Colorado’s top court concluded that his actions met that standard. Mr. Trump’s allies — as well as even some of his critics — tend to argue that “insurrection” is hyperbole. Still, the special counsel, Jack Smith, did not include inciting an insurrection in the charges he brought against Mr. Trump in connection with his attempts to stay in office. Mr. Trump has argued that all his actions were protected by the Constitution, including the First Amendment. But other politicians have faced similar legal challenges in connection with the events of Jan. 6, 2021.

Persons: Donald J, Trump, Trump’s, —, Trump —, Donald Trump, Pete Marovich, Mike Pence, Jack Smith, Marjorie Taylor Greene, “, Couy Griffin, Griffin, ” Organizations: Capitol, Trump, Electoral, Union, United, Capitol ., The New York Times, Justice Department, Washington, Mr Locations: Denver, United States, Georgia, New Mexico, New Mexico’s Otero County

☆ 5 Takeaways From the Biden Classified Documents Investigation Report
▼ + stars: | 2024-02-08 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

Attorney General Merrick B. Garland on Thursday released the report by Robert K. Hur, the special counsel Mr. Garland had assigned to investigate how classified documents ended up in an office formerly used by President Biden and in his home in Delaware. Mr. Hur was bound by a Justice Department policy that holds that the Constitution implicitly makes sitting presidents temporarily immune from prosecution, so he could not have charged Mr. Biden even if he wanted to. But Mr. Hur wrote that Mr. Biden should not be charged regardless. “We conclude that no criminal charges are warranted in this matter,” he wrote. But he said the evidence fell short of what would be necessary to “establish Mr. Biden’s guilt beyond a reasonable doubt.”

Persons: Merrick B, Garland, Robert K, Hur, Biden, Mr, ”, “, ” Mr Organizations: Justice Department, of Justice Locations: Delaware

☆ A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election
▼ + stars: | 2024-02-07 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

In the world of American legal scholarship, Seth Barrett Tillman is an outsider in more ways than one. But at 60, Professor Tillman is enjoying some level of vindication. The Constitution uses various terms to refer to government officers or offices. But by his account, each is distinct — and that, crucially for the case before the court, the particular phrase “officer of the United States” refers only to appointed positions, not the presidency. If a majority of the court accepts Professor Tillman’s rationale, then Mr. Trump would be allowed to appear on the ballot.

Persons: Seth Barrett Tillman, Tillman, Donald J, Trump, ” Organizations: U.S, Supreme, United Locations: Ireland, U.S ., United States

☆ Forceful Opinion Repudiates Claim That Trump Can’t Be Charged in Election Case
▼ + stars: | 2024-02-06 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

Former President Donald J. Trump’s claim that he was immune from being prosecuted for any crimes he committed while trying to stay in office after losing the 2020 election was always a long shot. But in an opinion on Tuesday eviscerating his assertion, three federal appeals court judges portrayed his position as not only wrong on the law but also repellent. They included two Democratic appointees and, significantly, Judge Karen L. Henderson, a Republican appointee who had sided with Mr. Trump in several earlier legal disputes. The ruling systematically weighed and forcefully rejected each of Mr. Trump’s arguments for why the case against him should be dismissed on immunity grounds. The resounding skepticism raised the question of whether the Supreme Court — to which Mr. Trump is widely expected to appeal — will decide there is any need for it to take up the case.

Persons: Donald J, Trump’s, ”, Karen L, Henderson, Trump, — Organizations: United States, Appeals, District of Columbia Circuit, Democratic, Republican, Mr

☆ Federal Appeals Court Rejects Trump’s Claim of Absolute Immunity
▼ + stars: | 2024-02-06 | by ( Alan Feuer | Charlie Savage | ) www.nytimes.com time to read: 1 min

A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden. The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit handed Mr. Trump a significant defeat, but was unlikely to be the final word on his claims of executive immunity. Mr. Trump is expected to continue his appeal to the Supreme Court. Still, the panel’s 57-page ruling signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?

Persons: Donald J, Biden, Trump Organizations: U.S ., Appeals, District of Columbia Circuit, Supreme

☆ The Trump Election Immunity Ruling, Annotated
▼ + stars: | 2024-02-06 | by ( Charlie Savage | ) www.nytimes.com time to read: 1 min

The Trump Election Immunity Ruling, AnnotatedA unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election. Mr. Trump is expected to appeal to the Supreme Court. The New York Times annotated the indictment. Download the original PDF.

Persons: Donald J, Trump Organizations: U.S ., Appeals, District of Columbia, Supreme, The New York Times

The United States launched scores of strikes across the Middle East over the weekend as Secretary of State Antony J. Blinken set out for the region to push forward negotiations to secure the release of Israelis still held hostage in Gaza and get more humanitarian aid into the battered enclave. The latest strike came Sunday in Yemen, where the U.S. military said it had destroyed an anti-ship cruise missile that belonged to Houthi militants and posed “an imminent threat to U.S. Navy ships and merchant vessels in the region.”It was the third American military action against Iranian-backed militias in as many days: The United States led strikes on Saturday against 36 Houthi targets in northern Yemen, and on Friday carried out airstrikes on more than 85 targets in Syria and Iraq. American officials insist that the strikes have been carefully calibrated to avoid setting off an open confrontation with Iran and say that they have degraded the ability of the militias to attack U.S. forces.

Persons: Antony J, Blinken Organizations: United, U.S . Navy Locations: United States, East, Gaza, Yemen, Syria, Iraq, Iran, U.S

☆ After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision
▼ + stars: | 2024-02-03 | by ( Alan Feuer | Charlie Savage | ) www.nytimes.com time to read: +1 min

In December, when a federal appeals court agreed to hear former President Donald J. Trump’s sweeping claims to be immune from charges of plotting overturn the 2020 election, it laid out a lightning-fast briefing schedule, asking the defense and prosecution to file their papers on successive Saturdays during the Christmas and New Year’s holidays. But after sending up what appeared to be clear signals that they intended to swiftly resolve this phase of the immunity dispute — which lies at the heart of both the viability and timing of Mr. Trump’s trial on the election subversion charges — the appeals court judges have yet to issue a decision. The implications are already coming into focus. On Friday, the Federal District Court judge overseeing election case, Tanya S. Chutkan, formally scrapped her plan to start the trial on March 4. She was bowing to the reality that time had run out to get the proceeding going by then, mostly because of the wrangling over Mr. Trump’s immunity claim, and said she would set a new date “if and when” that matter is resolved.

Persons: Donald J, Trump’s, Tanya S, Chutkan Organizations: U.S ., Appeals, District of Columbia Circuit, Federal

☆ N.S.A. Buys Americans’ Internet Data Without Warrants, Letter Says
▼ + stars: | 2024-01-25 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

The National Security Agency buys certain logs related to Americans’ domestic internet activities from commercial data brokers, according to an unclassified letter by the agency. The letter, addressed to a Democratic senator and obtained by The New York Times, offered few details about the nature of the data other than to stress that it did not include the content of internet communications. Still, the revelation is the latest disclosure to bring to the fore a legal gray zone: Intelligence and law enforcement agencies sometimes purchase potentially sensitive and revealing domestic data from brokers that would require a court order to acquire directly. It comes as the Federal Trade Commission has started cracking down on companies that trade in personal location data that was gathered from smartphone apps and sold without people’s knowledge and consent about where it would end up and for what purpose it would be used.

Organizations: National Security Agency, Democratic, The New York Times, Intelligence, Federal Trade Commission

☆ Republican-Appointed Judge Denounces Republican Distortions of Jan. 6
▼ + stars: | 2024-01-25 | by ( Charlie Savage | More About Charlie Savage | ) www.nytimes.com time to read: +1 min

A Republican-appointed judge on Thursday denounced as “shameless” the attempts by prominent Republican politicians to recast the Jan. 6 riot in a positive light, including by portraying the Trump supporters who sacked Congress as having done nothing wrong and by calling those convicted of crimes political prisoners or hostages. “In my 37 years on the bench, I cannot recall a time when such meritless justifications of criminal activity have gone mainstream,” wrote Judge Royce C. Lamberth of the Federal District Court in Washington. “I have been dismayed to see distortions and outright falsehoods seep into the public consciousness.”The remarks, made in a seven-page filing that Judge Lamberth described as notes for what he had said on Thursday at a resentencing hearing for a Jan. 6 rioter, amounted to a scathing and extraordinary broadside against a vast web of conspiracy theories and falsehoods about the Capitol attack that have permeated the right. Criticizing the rioter, James Little, for displaying “a clear lack of remorse,” the judge used the occasion to also “set the record straight” about what he portrayed as a broader disinformation campaign, citing the evidence he has absorbed from presiding over many Jan. 6 prosecutions.

Persons: Trump, “, ”, Royce C, Lamberth, James Little Organizations: Republican, Federal, Court Locations: Washington

☆ Donald Trump’s Second-Term Agenda
▼ + stars: | 2024-01-25 | by ( David Leonhardt | ) www.nytimes.com time to read: +1 min

My colleagues Jonathan Swan, Maggie Haberman and Charlie Savage are writing a continuing series on what Donald Trump plans to do during a second term as president. David: One question that some people have is whether Trump would govern as radically in a second term as his rhetoric suggests. He didn’t withdraw from Afghanistan. What’s your view about whether to assume he will really do what he says in a second term? Jonathan: I would challenge the statement that Trump didn’t do a lot of what he promised in his first term.

Persons: Jonathan Swan, Maggie Haberman, Charlie Savage, Donald Trump, Trump, didn’t, Hillary Clinton, Jonathan Organizations: Republican Locations: Afghanistan

☆ How a Fishery Case Fits Into a Long-Game Effort to Sap Regulation of Business
▼ + stars: | 2024-01-17 | by ( Charlie Savage | ) www.nytimes.com time to read: +1 min

The Supreme Court heard arguments on Wednesday in a set of cases that could pave the way for its conservative supermajority to undercut how American society imposes rules on businesses, advancing a key goal of the conservative legal movement. The court is expected to issue its ruling by the end of its term, most likely in June. But it remains unclear how sweeping any ruling — and its consequences — would be. The plaintiffs in the case are asking the Supreme Court to overturn a major 1984 precedent, Chevron v. Natural Resources Defense Council. People who do not like particular rules can file lawsuits arguing that an agency exceeded the limits of the authority Congress granted to it.

Organizations: Chevron, Natural Resources Defense Council Locations: Chevron

☆ 5 Takeaways From the Appeals Court Hearing on Trump’s Immunity Claim
▼ + stars: | 2024-01-09 | by ( Charlie Savage | Alan Feuer | ) www.nytimes.com time to read: +1 min

A three-judge panel of the federal appeals court in Washington heard arguments on Tuesday in a momentous case over former President Donald J. Trump’s claim that he is immune from criminal charges for the efforts he took to overturn the 2020 election. A ruling by the court — and when it issues that decision — could be a major factor in determining when, or even whether, Mr. Trump will go to trial in the federal election case. Here are some takeaways:All three judges signaled skepticism with Trump’s position. The judges on the Court of Appeals for the District of Columbia Circuit appeared unlikely to dismiss the charges against Mr. Trump on grounds of presidential immunity, as he has asked them to do. The two Democratic appointees on the court, Judge J. Michelle Childs and Judge Florence Y. Pan, peppered John Sauer, a lawyer for Mr. Trump, with difficult questions.

Persons: Donald J, Trump, Judge J, Michelle Childs, Florence Y, John Sauer, Karen L, Henderson, Biden Organizations: Appeals, District of Columbia Circuit, Mr, Democratic, Republican Locations: Washington

For 74 years, the North Atlantic Treaty Organization has been America’s most important military alliance. Presidents of both parties have seen NATO as a force multiplier enhancing the influence of the United States by uniting countries on both sides of the Atlantic in a vow to defend one another. Donald J. Trump has made it clear that he sees NATO as a drain on American resources by freeloaders. In his 2000 book, “The America We Deserve,” Mr. Trump wrote that “pulling back from Europe would save this country millions of dollars annually.” As president, he repeatedly threatened a United States withdrawal from the alliance. Yet as he runs to regain the White House, Mr. Trump has said precious little about his intentions.

Persons: Donald J, Trump, Mr, “ Organizations: Atlantic Treaty Organization, NATO, freeloaders, White Locations: United States, Europe

A Radical AgendaTo be sure, some of what Mr. Trump and his allies are planning is in line with what any standard-issue Republican president would most likely do. For example, Mr. Trump would very likely roll back many of President Biden’s policies to curb carbon emissions and hasten the transition to electric cars. He has said he would fundamentally re-evaluate “NATO’s purpose and NATO’s mission” in a second term. After some demonstrations against police violence in 2020 became riots, Mr. Trump had an order drafted to use troops to crack down on protesters in Washington, D.C., but didn’t sign it. “You look at any Democrat-run state, and it’s just not the same — it doesn’t work,” Mr. Trump told the crowd, calling cities like New York, Chicago, Los Angeles and San Francisco crime dens.

Persons: Trump, Biden’s, it’s, ” Mr, I’m, ” Organizations: U.S, NATO, Washington , D.C, Democratic Locations: United States, Mexico, Washington ,, Iowa, New York, Chicago, Los Angeles, San Francisco

A federal appeals court ruled on Friday that civil lawsuits seeking to hold former President Donald J. Trump accountable for the violence that erupted at the Capitol on Jan. 6, 2021, can move forward for now, rejecting a broad assertion of immunity that Mr. Trump’s legal team had invoked to try to get the cases dismissed. The Supreme Court has held that the Constitution gives presidents immunity from being sued over actions taken as part of their official duties, but not from suits based on private, unofficial acts. The civil cases brought against Mr. Trump have raised the question of which role he was playing at the rally he staged on Jan. 6, when he told supporters to “fight like hell” and urged them to march to the Capitol. Essentially, the appeals court ruled that at this stage of the case, that question has yet to be definitively answered. It said Mr. Trump must be given an opportunity to present factual evidence to rebut the plaintiffs’ claims that the rally was a campaign event — scrutinizing issues like whether campaign officials had organized it and campaign funds were used to pay for it.

Persons: Donald J, Trump, “ Organizations: Capitol, U.S ., Appeals, District of Columbia, Mr

☆ F.B.I. Faulted Agents for Shooting at a Fleeing Suspect and Killing a Family Dog
▼ + stars: | 2023-11-19 | by ( Charlie Savage | More About Charlie Savage | ) www.nytimes.com time to read: +1 min

faulted agents in 2019 for misusing their guns in two separate shootings, each an exceedingly rare internal finding of violations of its lethal force policy, according to documents obtained by The New York Times. The first involved an agent in Arkansas who shot at — but missed — a suspect who was driving away to flee arrest. The other involved an agent in California who fatally shot a family dog that he said bit him during a “family dispute” while he was off duty; he got a five-day suspension. While neither shooting, both of which took place in 2017, was a major imbroglio, their disclosure is notable. Under its deadly force policy, agents are only permitted to fire their guns, outside of practice ranges, if they reasonably believe that the target poses an imminent danger of death or serious physical injury to someone.

Organizations: The New York Times Locations: Arkansas, California

Two top officials on former President Donald J. Trump’s 2024 campaign on Monday sought to distance his campaign team from news reports about plans for what he would do if voters return him to the White House. Susie Wiles and Chris LaCivita, who are effectively Mr. Trump’s campaign managers, issued a joint statement after a spate of articles, many in The New York Times, about plans for 2025 developed by the campaign itself, and trumpeted on the trail by Mr. Trump, as well as efforts by outside groups led by former senior Trump administration officials who remain in direct contact with him. Ms. Wiles and Mr. LaCivita focused their frustration on outside groups, which they did not name, that have devoted considerable resources to preparing lists of personnel and developing policies to serve the next right-wing administration. “The efforts by various nonprofit groups are certainly appreciated and can be enormously helpful. However, none of these groups or individuals speak for President Trump or his campaign,” they wrote, calling reports about their personnel and policy intentions “purely speculative and theoretical” and “merely suggestions.”

Persons: Donald J, Susie Wiles, Chris LaCivita, Trump, Wiles, LaCivita, ” Organizations: The New York Times, Trump Locations: The

In a second Trump presidency, the visas of foreign students who participated in anti-Israel or pro-Palestinian protests would be canceled. People who were granted temporary protected status because they are from certain countries deemed unsafe, allowing them to lawfully live and work in the United States, would have that status revoked. That policy’s legal legitimacy, like nearly all of Mr. Trump’s plans, would be virtually certain to end up before the Supreme Court. In interviews with The New York Times, several Trump advisers gave the most expansive and detailed description yet of Mr. Trump’s immigration agenda in a potential second term. In particular, Mr. Trump’s campaign referred questions for this article to Stephen Miller, an architect of Mr. Trump’s first-term immigration policies who remains close to him and is expected to serve in a senior role in a second administration.

Persons: Trump, Trump’s, Stephen Miller, Miller Organizations: Trump, Social, New York Times Locations: Israel, United States, U.S

Election Day is a year away, but key allies of former President Donald J. Trump are already thinking about staffing a potential administration, including by filling White House and agency legal positions with aggressive and ideologically like-minded lawyers. Trump allies are preparing to populate a new administration with a different breed of lawyer — a departure from the type that stymied part of his first-term agenda and that despite their mainstream conservative credentials are seen as too cautious by people close to the former president. They are seeking lawyers in federal agencies and in the White House committed to his “America First” ideology and willing to use edgy theories to advance his cause. It is too early to say with any certainty whom Mr. Trump would select were he to win a second term starting in 2025. But several conservative nonprofits, staffed by people who are likely to take on senior White House positions if there is a second Trump administration, have been putting together lists of prospects.

Persons: Donald J, Trump, — Organizations: White

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