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The Politics of Searching a Former President’s Home – The New York Times

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Experts on high-wire investigations say that the Justice Department would have carefully weighed the decision to poke around Mar-a-Lago — and that it might want to tell the public why it was necessary.

The F.B.I. does not take a decision like searching the private home of a former president lightly.

As Garrett Graff, the author of a biography of James Comey — the F.B.I. director who oversaw the investigation of Hillary Clinton’s email server, then went on to run the Russia inquiry before Donald Trump fired him in 2017 — put it, “This was presumably the highest burden of proof that the Justice Department has ever required for a search warrant.”

As a matter of political sensitivity, he said, the Mar-a-Lago search ranked with the subpoena of Richard Nixon’s secret Oval Office tapes and the decision to sample the DNA on Monica Lewinsky’s infamous blue dress to see if it belonged to President Bill Clinton.

Graff noted that the Justice Department’s “fumbling” of several aspects of its investigation of the 2016 Trump campaign and the controversy over its handling of the Clinton email investigation would probably raise the bar for what might prompt such a high-profile step this time around.

Christopher Wray, the director of the F.B.I., Attorney General Merrick Garland and their top deputies would be well aware of the minefields involved — including the possibility, as Trump proved on Monday when he announced the search in a news release, that it would draw the department into the very sort of political maelstrom Garland has sought to avoid.

All of that suggests the investigation is both serious and fairly well advanced.

In May, Garland reissued the department’s traditional guidance on politically sensitive investigations — and he kept the language approved by his predecessor as attorney general, Bill Barr. That move led someone to leak the memo to Rachel Maddow of MSNBC, who criticized Garland for sticking with Barr’s policy.

Former Justice Department officials said the search fell into a gray area, as Trump is not officially a candidate for anything at the moment. The policy, moreover, applies only to the coming midterm elections, not to the 2024 presidential election.

But that’s just the technical, legal side of this move. Politics is another story.

There are a few hints that Trump thinks — with some justification — that the search will help him secure the Republican nomination in 2024. First, he announced it himself. Second, Republicans have already rallied to his side. Third, there’s no sign that any of his putative rivals in the shadow G.O.P. primary are ready to throw him overboard just yet, which suggests that they fear crossing him.

Consider Ted Cruz, who ran against Trump in 2016 and might do so again in 2024. On Tuesday afternoon, Cruz sent a text message to his supporters calling the search “a raw abuse of power.” He also accused the F.B.I. of becoming “the Democrat Party Police Force.” For good measure, he threw in a fund-raising link.

News of the search is probably not helpful to Representative Liz Cheney of Wyoming, either. She has a tough primary next Tuesday, which she is widely expected to lose. Given Cheney’s role as vice chairwoman of the Jan. 6 committee, it’s likely many G.O.P. base voters will associate her with the F.B.I. search.

As far as we know, however, that would be a mistaken impression; there’s no reason to think the bureau’s investigation has anything to do with Jan. 6, let alone with Cheney herself.

Cheney’s opponent, Harriet Hageman, isn’t worried about the nuances. She tweeted this morning, in a tone that could have been written by the 45th president himself:

If the FBI can treat a former President this way, imagine what they can do to the rest of us. It’s a 2-tiered justice system – one for elites & another for their political enemies. Like sending 87k IRS agents to harass citizens. Or the J6 committee. Political persecution!

Kenny Holston for The New York Times

In February 2021, when Garland testified before the Judiciary Committee ahead of his confirmation vote, he began his remarks by observing that “the president nominates the attorney general to be the lawyer — not for any individual, but for the people of the United States.”

He added, in case anyone didn’t get the message, that he wanted to “reaffirm that the role of the attorney general is to serve the rule of law.”



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Behind the Journalism

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How Times reporters cover politics.
We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.

Liberals have complained more or less constantly since Garland took office that he has taken his hands-off approach to an extreme, emphasizing his independence and deliberative approach at the expense of moving with the alacrity many on the left would like to see in an investigation or investigations against Trump.

So there’s an alternate possibility, some former Justice Department officials speculated — that Garland is so concerned about demonstrating just how independent and by-the-book he is that he might have considered it imprudent to tell the F.B.I. not to execute the search just three months before the midterms, at a time when Trump is making noises about running for president a third time.

Then again, modern presidential campaigns never really begin or end, so it’s hard to say when an appropriate moment for such an aggressive investigative step might be.

Ironically, some said that Garland might want to be more transparent about why the search was necessary, to keep Trump from filling the vacuum with his own narrative.

That’s fraught territory, too.

After all, it was Comey’s effort to be transparent — in both announcing the investigation into Clinton during the heat of the 2016 campaign and in updating Congress when the bureau discovered a new trove of emails on Anthony Wiener’s laptop — that made the F.B.I. director such a lightning rod.

Comey, asked to offer his own thoughts on the F.B.I. search, replied in an email: “Thanks for asking but it’s not something I’m interested in talking about.”

Two news conferences, congressional testimony, leaked notes and a tell-all memoir later — now he tells us.

— Blake

Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com.

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New Brunswick Premier Blaine Higgs kicks off provincial election campaign

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FREDERICTON – New Brunswick Premier Blaine Higgs has called an election for Oct. 21, signalling the beginning of a 33-day campaign expected to focus on pocketbook issues and the government’s provocative approach to gender identity policies.

The 70-year-old Progressive Conservative leader, who is seeking a third term in office, has attracted national attention by requiring teachers to get parental consent before they can use the preferred names and pronouns of young students.

More recently, however, the former Irving Oil executive has tried to win over inflation-weary voters by promising to lower the provincial harmonized sales tax by two percentage points to 13 per cent if re-elected.

At dissolution, the Conservatives held 25 seats in the 49-seat legislature. The Liberals held 16 seats, the Greens had three and there was one Independent and four vacancies.

J.P. Lewis, a political science professor at the University of New Brunswick, said the top three issues facing New Brunswickers are affordability, health care and education.

“Across many jurisdictions, affordability is the top concern — cost of living, housing prices, things like that,” he said.

Richard Saillant, an economist and former vice-president of Université de Moncton, said the Tories’ pledge to lower the HST represents a costly promise.

“I don’t think there’s that much room for that,” he said. “I’m not entirely clear that they can do so without producing a greater deficit.” Saillant also pointed to mounting pressures to invest more in health care, education and housing, all of which are facing increasing demands from a growing population.

Higgs’s main rivals are Liberal Leader Susan Holt and Green Party Leader David Coon. Both are focusing on economic and social issues.

Holt has promised to impose a rent cap and roll out a subsidized school food program. The Liberals also want to open at least 30 community health clinics over the next four years.

Coon has said a Green government would create an “electricity support program,” which would give families earning less than $70,000 annually about $25 per month to offset “unprecedented” rate increases.

Higgs first came to power in 2018, when the Tories formed the province’s first minority government in 100 years. In 2020, he called a snap election — the first province to go to the polls after the start of the COVID-19 pandemic — and won a majority.

Since then, several well-known cabinet ministers and caucus members have stepped down after clashing with Higgs, some of them citing what they described as an authoritarian leadership style and a focus on policies that represent a hard shift to the right side of the political spectrum.

Lewis said the Progressive Conservatives are in the “midst of reinvention.”

“It appears he’s shaping the party now, really in the mould of his world views,” Lewis said. “Even though (Progressive Conservatives) have been down in the polls, I still think that they’re very competitive.”

Meanwhile, the legislature remained divided along linguistic lines. The Tories dominate in English-speaking ridings in central and southern parts of the province, while the Liberals held most French-speaking ridings in the north.

The drama within the party began in October 2022 when the province’s outspoken education minister, Dominic Cardy, resigned from cabinet, saying he could no longer tolerate the premier’s leadership style. In his resignation letter, Cardy cited controversial plans to reform French-language education. The government eventually stepped back those plans.

A series of resignations followed last year when the Higgs government announced changes to Policy 713, which now requires students under 16 who are exploring their gender identity to get their parents’ consent before teachers can use their preferred first names or pronouns — a reversal of the previous practice.

When several Tory lawmakers voted with the opposition to call for an external review of the change, Higgs dropped dissenters from his cabinet. And a bid by some party members to trigger a leadership review went nowhere.

This report by The Canadian Press was first published Sept. 19, 2024.

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New Brunswick Premier Blaine Higgs expected to call provincial election today

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FREDERICTON – A 33-day provincial election campaign is expected to officially get started today in New Brunswick.

Progressive Conservative Premier Blaine Higgs has said he plans to visit Lt.-Gov. Brenda Murphy this morning to have the legislature dissolved.

Higgs, a 70-year-old former oil executive, is seeking a third term in office, having led the province since 2018.

The campaign ahead of the Oct. 21 vote is expected to focus on pocketbook issues, but the government’s provocative approach to gender identity issues could also be in the spotlight.

The Tory premier has already announced he will try to win over inflation-weary voters by promising to lower the harmonized sales tax by two percentage points to 13 per cent if re-elected.

Higgs’s main rivals are Liberal Leader Susan Holt and Green Party Leader David Coon, both of whom are focusing on economic and social issues.

This report by The Canadian Press was first published Sept. 19, 2024.

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NDP flips, BC United flops, B.C. Conservatives surge as election campaign approaches

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VICTORIA – If the lead up to British Columbia‘s provincial election campaign is any indication of what’s to come, voters should expect the unexpected.

It could be a wild ride to voting day on Oct. 19.

The Conservative Party of B.C. that didn’t elect a single member in the last election and gained less than two per cent of the popular vote is now leading the charge for centre-right, anti-NDP voters.

The official Opposition BC United, who as the former B.C. Liberals won four consecutive majorities from 2001 to 2013, raised a white flag and suspended its campaign last month, asking its members, incumbents and voters to support the B.C. Conservatives to prevent a vote split on the political right.

New Democrat Leader David Eby delivered a few political surprises of his own in the days leading up to Saturday’s official campaign start, signalling major shifts on the carbon tax and the issue of involuntary care in an attempt to curb the deadly opioid overdose crisis.

He said the NDP would drop the province’s long-standing carbon tax for consumers if the federal government eliminates its requirement to keep the levy in place, and pledged to introduce involuntary care of people battling mental health and addiction issues.

The B.C. Coroners Service reports more than 15,000 overdose deaths since the province declared an opioid overdose public health emergency in 2016.

Drug policy in B.C., especially decriminalization of possession of small amounts of hard drugs and drug use in public areas, could become key election issues this fall.

Eby, a former executive director of the B.C. Civil Liberties Association, said Wednesday that criticism of the NDP’s involuntary care plan by the Canadian Civil Liberties Association is “misinformed” and “misleading.”

“This isn’t about forcing people into a particular treatment,” he said at an unrelated news conference. “This is about making sure that their safety, as well as the safety of the broader community, is looked after.”

Eby said “simplistic arguments,” where one side says lock people up and the other says don’t lock anybody up don’t make sense.

“There are some people who should be in jail, who belong in jail to ensure community safety,” said Eby. “There are some people who need to be in intensive, secure mental health treatment facilities because that’s what they need in order to be safe, in order not to be exploited, in order not to be dead.”

The CCLA said in a statement Eby’s plan is not acceptable.

“There is no doubt that substance use is an alarming and pressing epidemic,” said Anais Bussières McNicoll, the association’s fundamental freedoms program director. “This scourge is causing significant suffering, particularly, among vulnerable and marginalized groups. That being said, detaining people without even assessing their capacity to make treatment decisions, and forcing them to undergo treatment against their will, is unconstitutional.”

While Eby, a noted human rights lawyer, could face political pressure from civil rights opponents to his involuntary care plans, his opponents on the right also face difficulties.

The BC United Party suspended its campaign last month in a pre-election move to prevent a vote split on the right, but that support may splinter as former jilted United members run as Independents.

Five incumbent BC United MLAs, Mike Bernier, Dan Davies, Tom Shypitka, Karin Kirkpatrick and Coralee Oakes are running as Independents and could become power brokers in the event of a minority government situation, while former BC United incumbents Ian Paton, Peter Milobar and Trevor Halford are running under the B.C. Conservative banner.

Davies, who represents the Fort St. John area riding of Peace River North, said he’s always been a Conservative-leaning politician but he has deep community roots and was urged by his supporters to run as an Independent after the Conservatives nominated their own candidate.

Davies said he may be open to talking with B.C. Conservative Leader John Rustad after the election, if he wins or loses.

Green Leader Sonia Furstenau has suggested her party is an option for alienated BC United voters.

Rustad — who faced criticism from BC United Leader Kevin Falcon and Eby about the far-right and extremist views of some of his current and former candidates and advisers — said the party’s rise over the past months has been meteoric.

“It’s been almost 100 years since the Conservative Party in B.C. has won a government,” he said. “The last time was 1927. I look at this now and I think I have never seen this happen anywhere in the country before. This has been happening in just over a year. It just speaks volumes that people are just that eager and interested in change.”

Rustad, ejected from the former B.C. Liberals in August 2022 for publicly supporting a climate change skeptic, sat briefly as an Independent before being acclaimed the B.C. Conservative leader in March 2023.

Rustad, who said if elected he will fire B.C.’s provincial health officer Dr. Bonnie Henry over her vaccine mandates during the COVID-19 pandemic, has removed the nominations of some of his candidates who were vaccine opponents.

“I am not interested in going after votes and trying to do things that I think might be popular,” he said.

Prof. David Black, a political communications specialist at Greater Victoria’s Royal Roads University, said the rise of Rustad’s Conservatives and the collapse of BC United is the political story of the year in B.C.

But it’s still too early to gauge the strength of the Conservative wave, he said.

“Many questions remain,” said Black. “Has the free enterprise coalition shifted sufficiently far enough to the right to find the social conservatism and culture-war populism of some parts of the B.C. Conservative platform agreeable? Is a party that had no infrastructure and minimal presence in what are now 93 ridings this election able to scale up and run a professional campaign across the province?”

This report by The Canadian Press was first published Sept. 19, 2024.

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