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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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‘Disgraceful:’ N.S. Tory leader slams school’s request that military remove uniform

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HALIFAX – Nova Scotia Premier Tim Houston says it’s “disgraceful and demeaning” that a Halifax-area school would request that service members not wear military uniforms to its Remembrance Day ceremony.

Houston’s comments were part of a chorus of criticism levelled at the school — Sackville Heights Elementary — whose administration decided to back away from the plan after the outcry.

A November newsletter from the school in Middle Sackville, N.S., invited Armed Forces members to attend its ceremony but asked that all attendees arrive in civilian attire to “maintain a welcoming environment for all.”

Houston, who is currently running for re-election, accused the school’s leaders of “disgracing themselves while demeaning the people who protect our country” in a post on the social media platform X Thursday night.

“If the people behind this decision had a shred of the courage that our veterans have, this cowardly and insulting idea would have been rejected immediately,” Houston’s post read. There were also several calls for resignations within the school’s administration attached to Houston’s post.

In an email to families Thursday night, the school’s principal, Rachael Webster, apologized and welcomed military family members to attend “in the attire that makes them most comfortable.”

“I recognize this request has caused harm and I am deeply sorry,” Webster’s email read, adding later that the school has the “utmost respect for what the uniform represents.”

Webster said the initial request was out of concern for some students who come from countries experiencing conflict and who she said expressed discomfort with images of war, including military uniforms.

Her email said any students who have concerns about seeing Armed Forces members in uniform can be accommodated in a way that makes them feel safe, but she provided no further details in the message.

Webster did not immediately respond to a request for comment.

At a news conference Friday, Houston said he’s glad the initial request was reversed but said he is still concerned.

“I can’t actually fathom how a decision like that was made,” Houston told reporters Friday, adding that he grew up moving between military bases around the country while his father was in the Armed Forces.

“My story of growing up in a military family is not unique in our province. The tradition of service is something so many of us share,” he said.

“Saying ‘lest we forget’ is a solemn promise to the fallen. It’s our commitment to those that continue to serve and our commitment that we will pass on our respects to the next generation.”

Liberal Leader Zach Churchill also said he’s happy with the school’s decision to allow uniformed Armed Forces members to attend the ceremony, but he said he didn’t think it was fair to question the intentions of those behind the original decision.

“We need to have them (uniforms) on display at Remembrance Day,” he said. “Not only are we celebrating (veterans) … we’re also commemorating our dead who gave the greatest sacrifice for our country and for the freedoms we have.”

NDP Leader Claudia Chender said that while Remembrance Day is an important occasion to honour veterans and current service members’ sacrifices, she said she hopes Houston wasn’t taking advantage of the decision to “play politics with this solemn occasion for his own political gain.”

“I hope Tim Houston reached out to the principal of the school before making a public statement,” she said in a statement.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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Saskatchewan NDP’s Beck holds first caucus meeting after election, outlines plans

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REGINA – Saskatchewan Opposition NDP Leader Carla Beck says she wants to prove to residents her party is the government in waiting as she heads into the incoming legislative session.

Beck held her first caucus meeting with 27 members, nearly double than what she had before the Oct. 28 election but short of the 31 required to form a majority in the 61-seat legislature.

She says her priorities will be health care and cost-of-living issues.

Beck says people need affordability help right now and will press Premier Scott Moe’s Saskatchewan Party government to cut the gas tax and the provincial sales tax on children’s clothing and some grocery items.

Beck’s NDP is Saskatchewan’s largest Opposition in nearly two decades after sweeping Regina and winning all but one seat in Saskatoon.

The Saskatchewan Party won 34 seats, retaining its hold on all of the rural ridings and smaller cities.

This report by The Canadian Press was first published Nov. 8, 2024.

The Canadian Press. All rights reserved.

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Nova Scotia election: Liberals say province’s immigration levels are too high

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HALIFAX – Nova Scotia‘s growing population was the subject of debate on Day 12 of the provincial election campaign, with Liberal Leader Zach Churchill arguing immigration levels must be reduced until the province can provide enough housing and health-care services.

Churchill said Thursday a plan by the incumbent Progressive Conservatives to double the province’s population to two million people by the year 2060 is unrealistic and unsustainable.

“That’s a big leap and it’s making life harder for people who live here, (including ) young people looking for a place to live and seniors looking to downsize,” he told a news conference at his campaign headquarters in Halifax.

Anticipating that his call for less immigration might provoke protests from the immigrant community, Churchill was careful to note that he is among the third generation of a family that moved to Nova Scotia from Lebanon.

“I know the value of immigration, the importance of it to our province. We have been built on the backs of an immigrant population. But we just need to do it in a responsible way.”

The Liberal leader said Tim Houston’s Tories, who are seeking a second term in office, have made a mistake by exceeding immigration targets set by the province’s Department of Labour and Immigration. Churchill said a Liberal government would abide by the department’s targets.

In the most recent fiscal year, the government welcomed almost 12,000 immigrants through its nominee program, exceeding the department’s limit by more than 4,000, he said. The numbers aren’t huge, but the increase won’t help ease the province’s shortages in housing and doctors, and the increased strain on its infrastructure, including roads, schools and cellphone networks, Churchill said.

“(The Immigration Department) has done the hard work on this,” he said. “They know where the labour gaps are, and they know what growth is sustainable.”

In response, Houston said his commitment to double the population was a “stretch goal.” And he said the province had long struggled with a declining population before that trend was recently reversed.

“The only immigration that can come into this province at this time is if they are a skilled trade worker or a health-care worker,” Houston said. “The population has grown by two per cent a year, actually quite similar growth to what we experienced under the Liberal government before us.”

Still, Houston said he’s heard Nova Scotians’ concerns about population growth, and he then pivoted to criticize Prime Minister Justin Trudeau for trying to send 6,000 asylum seekers to Nova Scotia, an assertion the federal government has denied.

Churchill said Houston’s claim about asylum seekers was shameful.

“It’s smoke and mirrors,” the Liberal leader said. “He is overshooting his own department’s numbers for sustainable population growth and yet he is trying to blame this on asylum seekers … who aren’t even here.”

In September, federal Immigration Minister Marc Miller said there is no plan to send any asylum seekers to the province without compensation or the consent of the premier. He said the 6,000 number was an “aspirational” figure based on models that reflect each province’s population.

In Halifax, NDP Leader Claudia Chender said it’s clear Nova Scotia needs more doctors, nurses and skilled trades people.

“Immigration has been and always will be a part of the Nova Scotia story, but we need to build as we grow,” Chender said. “This is why we have been pushing the Houston government to build more affordable housing.”

Chender was in a Halifax cafe on Thursday when she promised her party would remove the province’s portion of the harmonized sales tax from all grocery, cellphone and internet bills if elected to govern on Nov. 26. The tax would also be removed from the sale and installation of heat pumps.

“Our focus is on helping people to afford their lives,” Chender told reporters. “We know there are certain things that you can’t live without: food, internet and a phone …. So we know this will have the single biggest impact.”

The party estimates the measure would save the average Nova Scotia family about $1,300 a year.

“That’s a lot more than a one or two per cent HST cut,” Chender said, referring to the Progressive Conservative pledge to reduce the tax by one percentage point and the Liberal promise to trim it by two percentage points.

Elsewhere on the campaign trail, Houston announced that a Progressive Conservative government would make parking free at all Nova Scotia hospitals and health-care centres. The promise was also made by the Liberals in their election platform released Monday.

“Free parking may not seem like a big deal to some, but … the parking, especially for people working at the facilities, can add up to hundreds of dollars,” the premier told a news conference at his campaign headquarters in Halifax.

This report by The Canadian Press was first published Nov. 7, 2024.

— With files from Keith Doucette in Halifax

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