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Ex-special counsel Smith tells senators he won’t ‘be silenced’ by Trump’s threats of prosecution

Former Justice Department special counsel Jack Smith, who brought two federal indictments against President Trump, told lawmakers on Tuesday that he “will not be silenced by continued threats of prosecution” from the Trump administration and that he believes the rule of law is being threatened like never before.

Smith also told the Senate Judiciary Committee that he stands behind the criminal cases he brought against Trump, a Republican, and that he and his team acted without regard to politics.

“I made those decisions without regard to President Trump’s political association, activities, beliefs or candidacy in the 2024 presidential election,” Smith said. “Our investigation developed proof beyond a reasonable doubt that President Trump engaged in serious crimes against our nation. If asked whether to prosecute a former president today based on the same facts, I would do so regardless of whether that president was a Republican or a Democrat.”

Republicans sought to cast the prosecution as a political fishing expedition, accusing Smith of bending ordinary procedures in an overzealous pursuit of the president.

“The Smith election case ultimately wasn’t just about Trump,” said Republican Sen. Chuck Grassley of Iowa, the chairman of the committee. “It was about partisan agents and prosecutors mapping out the Republican apparatus.”

Sen. Dick Durbin of Illinois, the top Democrat on the committee, accused Republicans of spreading “baseless conspiracy theories” about Smith’s investigations as part of an effort to “whitewash” the history of Trump’s 2020 election loss and the Jan. 6, 2021, attack by a mob of Trump’s supporters on the U.S. Capitol.

“President Trump demonstrated a wanton disdain for the laws of the United States, the will of the people and our national security,” Durbin said. “The aspersions cast on Mr. Smith, nonstop, are petty, personal and political. They are nothing but a smoke screen to distract from the president’s own clear, unlawful conduct.”

The hearing is expected to focus on subpoenas for phone records

Even as Smith defends his investigations, he is expected to be pressed anew by Republican senators about his team’s access to the phone records of GOP lawmakers as prosecutors investigated Trump’s efforts to overturn his loss to Democrat Joe Biden.

In previous testimony, Smith has stood behind subpoenas that prosecutors issued for the phone records of Republican members of Congress who were in touch with Trump when violent supporters of the president rioted inside the U.S. Capitol on Jan. 6, 2021. He has said that such subpoenas are a “common practice” in investigations and were necessary in this instance to understand the “scope of the conspiracy” between Trump and his Republican allies.

Nonetheless, the revelation that Smith’s team secretly obtained the phone records during his investigation has animated some Republican lawmakers, who point to it as proof of overreach by the Biden administration Justice Department and a hard-charging prosecutor.

In July, the Republican chairman of the House Judiciary Committee, Rep. Jim Jordan of Ohio, referred Smith to the Justice Department for potential prosecution on allegations that he lied at a previous hearing about his collection of the records — something Smith’s attorneys have vigorously disputed.

“I stand by my testimony before the House of Representatives,” Smith said. “I will not be silenced by the continued threats of prosecution from the president or others.”

Grassley, the Senate committee chairman, first disclosed last year that Smith’s prosecutors had obtained what’s known as “toll records” — data that reveals the date, length and time of phone calls between two parties but not the content of the communications.

Smith has repeatedly justified the move as necessary to document any contact that Trump or surrogates may have had with lawmakers on Jan. 6, 2021, as the president beseeched his supporters to halt the certification of the election results.

“My office didn’t spy on anyone,” Smith said during a hearing in January.

Smith is the subject of a criminal referral from Republicans

Smith was appointed in 2022 by then-Atty. Gen. Merrick Garland to take over investigations into Trump’s efforts to reverse his election loss and Trump’s retention of classified documents at his Mar-a-Lago estate in Palm Beach, Florida. Both investigations resulted in felony indictments, but Smith abandoned the cases after Trump won back the White House in 2024, citing longstanding Justice Department opinions that say sitting presidents cannot be federally indicted.

Smith has remained a top target of retribution for Trump and his administration, which last year announced that it would revoke the security clearances of the lawyers representing the former special counsel. The Office of Special Counsel, an independent watchdog agency responsible for enforcing a law against partisan political activity by federal employees, also announced last year an investigation into Smith.

Jordan’s referral to the Justice Department centers on a December 2025 exchange in which Smith was asked about subpoenas that prosecutors had issued for the toll records.

Smith said the records he requested did not include the content of the communications. But Jordan maintains that answer was misleading in light of records released by Grassley showing that Smith had obtained the contents of 44 lawmakers’ text messages in a separate subpoena to the National Archives and Records Administration that sought the communications of various Trump advisers and aides.

In response, Smith’s lawyers called his answers “unimpeachably truthful” and noted that he was responding to questions explicitly about toll records, which did not include the contents of any text messages.

Tucker and Richer write for the Associated Press.

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Newsom says he won’t run for president if Harris does

Gov. Gavin Newsom said he would not run for the Democratic presidential nomination in 2028 if Kamala Harris does so, appearing to offer deference to the former vice president ahead of a race that could draw a historically crowded field of candidates.

“I wouldn’t run if she ran,” Newsom told CNN’s Jake Tapper in an interview posted Monday. “Why would I? I wouldn’t do that to her. … I wouldn’t do it to you, I wouldn’t waste everyone’s time.”

Newsom appeared to acknowledge a desire to avoid the possibly messy fight for California backers that could ensue if both were to run, saying there would be “pure crossover” between Harris’ supporters and his.

The governor’s effective yield to Harris diminishes the possibility of a showdown between two of California’s most powerful political figures in an election whose stakes are viewed by the Democratic Party as existential. The possibility of Harris making a second attempt at the presidency after her loss to President Trump in 2024 has hung as the biggest question over the potential Democratic field.

Both Newsom and Harris have acknowledged they are considering presidential bids in 2028, but Harris has closely held her intentions. She said last week that she had not decided whether to run, telling former soccer player Megan Rapinoe in a podcast interview that she was focused on working full time to help Democrats win the midterms.

A spokesperson for Harris declined to comment. Representatives for Newsom did not immediately respond to a request Monday afternoon.

Harris has appeared as the party front-runner in multiple polls about 2028, including one in July that showed her beating Newsom by double digits. But questions have continually circulated within the party about whether voters who are scarred from the party’s 2024 loss would be enthusiastic about a Harris run.

Several California donors told The Times in May that they did not plan to support Harris or did not want to discuss a possible bid by her; in a few corners, more enthusiasm came through for Newsom.

The dynamics around the 2028 Democratic primary continue to evolve as party hopefuls jockey for the spotlight, and they shifted notably with the selection of South Carolina as the party’s first primary state. That choice could give Harris a boost if South Carolina’s Black voters move in her favor.

Harris and Newsom came up in politics in the same era and have never before run in an election against each other, operating their political careers largely in parallel rather than in competition. In February, Newsom said on CNN that he had “never gotten in the way of her ambition” and he didn’t “imagine I would in the future,” saying “fate” would determine whether they ran against each other.

Newsom swung through South Carolina this month, the type of move generally interpreted as laying the groundwork for a presidential bid. In the CNN interview, Newsom noted that he did not know whether Harris would run and agreed it was a “pretty good case” to make when Tapper raised the argument that Harris had had her chance at the presidency and Newsom had not yet.

The governor suggested that a fight between him and Harris would split their supporters’ vote in a way that would be “a gift from God for everybody else” in the race, saying “it services no greater good” for both of them to run. He also nodded to their overlapping political circles.

“I know her base of supporters, I know her friends. The [Venn] diagram on that is just pure crossover,” Newsom said. “I wouldn’t do that.”

The interview was filmed in Montana, where Newsom’s in-laws own a ranch, as Newsom and Tapper fly-fished together. The full segment was set to air Tuesday.

Newsom said that in order to decide to run, a candidate needs to be able to “meet the moment.”

“You gotta be honest with yourself,” he said. “Do you represent the zeitgeist of the moment or are you wasting everybody’s time?”

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With AI memes, Trump promotes mythical version of himself as challenges stack up ahead of midterms

In the real world, President Trump is struggling to stop inflation, rout the Iranian government and restore American manufacturing with tariffs.

However, it’s a different story in the fantastical vision that he shares with supporters on social media. Over Labor Day weekend, Trump and the White House unleashed an extraordinarily heavy torrent of memes that portrayed the president as singularly powerful.

One video depicted Trump as a superhero wielding Green Lantern’s ring to effortlessly build a wall to keep out migrants and erect a slew of busy factories. Another post showed him in a U.S. hockey uniform looming over Canadian Prime Minister Mark Carney as Carney cowered on the ice. And another had Trump on a military ship as it bombarded an enemy fleet.

Trump’s allure has always relied on a mythical version of himself, from “The Apprentice” to the White House, but the gap between meme and reality has become glaringly stark ahead of the midterm elections. Most U.S. adults are unhappy with Trump’s handling of the economy and say the Iran war hasn’t been worth it, but Trump has responded with outlandish images of himself as unstoppable and omnipotent.

Memes risk sidestepping reality

Some of the pictures are generated with artificial intelligence, and the administration has previously defended the memes as funny and their critics as humorless. Yet the stakes right now are serious for congressional Republicans who have tied their own fate to a president with low approval numbers. Trump’s party will put him center stage at an unusual midterm convention on Wednesday and Thursday in Dallas in hopes of stoking voters’ enthusiasm.

Kevin Madden, a Republican strategist, said that Trump’s social media posts can energize his base of “Make America Great Again” followers, although the tradeoff is that he’s not talking about how to fix inflation.

The voters who are likely to determine control of Congress in the midterms “are not going to be won over with memes,” Madden said. “The affordability voter is driving this election cycle and the issues they care about are anchored in the economy.”

The White House press office did not respond to a request for comment. Trump sometimes plucks memes from a sprawling ecosystem of online conservative supporters, and sometimes his government staff produces them as part of their official messaging. Recently they created a series of old-school video games, such as a “Tetris” knockoff called “Build the Wall.”

“The memes will continue,” Kaelan Dorr, a member of the White House communications team, recently posted on social media. “The winning will continue.”

Aging presidents promote vitality online

The problem for Trump is that voters have other images they’re using to define him. Drivers can spot through their windshields that gasoline is averaging $4.15 a gallon, up nearly 30% from a year ago because of the Iran war. And social media is inundated with questions about the 80-year-old president’s health and vitality, spurred by pictures of his bruised hands or video clips of him appearing to fall asleep in meetings.

White House officials have said the bruising is caused by “frequent handshaking” and Trump’s aspirin regimen, and they’ve denied that he’s dozed off.

Trump’s predecessor, Joe Biden, is three years older and faced relentless scrutiny about his age while in office. His White House came to embrace a meme version of Biden with lasers for eyes, suggesting that he was powerful and focused rather than infirm.

Andrew Bates, who was a deputy press secretary for Biden, said that Trump’s memes seem to be about avoiding the actual responsibilities of governing. He said they risk angering voters who see Trump as more focused on redecorating the White House than bringing the Iran war to a successful end.

“When a president who ran on bringing gas prices under $2 a gallon is now saying, ‘You’re at four dollars, it’s OK,’ it unfortunately makes sense that he’s also posting fever dreams,” Bates said.

Some memes have caused trouble

The memes have occasionally gotten Trump into trouble. He posted an image of himself as Jesus in April, which caused a degree of consternation among some supporters. The president later claimed he thought the image showed him as a medical doctor — albeit a doctor in Biblical robes with light emanating from his hands.

In February, his account posted a racist video of former President Barack Obama and his wife, Michelle, as primates, which he deleted after a backlash.

Last October, Trump shared a video of him in a fighter jet dumping feces on Americans who were protesting his policies.

What the memes have not done so far is boost his wider approval ratings. Only 33% of U.S. adults approve of how he is handling the job of being president, according to a July AP-NORC poll.

But the polling also hits at a reason why he might be sending the memes to rally his core supporters. Just 15% of U.S. adults strongly approve of his presidency, the poll found, a slight decline from 22% shortly after he took office.

Boak writes for the Associated Press.

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