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Author Topic: 身陷“文件门”,不再是总统的特朗普如何自保?  (Read 254 times)

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身陷“文件门”,不再是总统的特朗普如何自保?

MAGGIE HABERMAN, GLENN THRUSH, ALAN FEUER2022年8月25日前总统特朗普打“文件门”官司时,已不再有他在白宫时可动用的经验丰富的律师。 Jamie Kelter Davis for The New York TimesOn Tuesday, a Florida judge informed two lawyers representing former President Donald J. Trump, neither of them licensed in the state, that they had bungled routine paperwork to take part in a suit filed following the F.B.I.’s search this month of Mr. Trump’s Mar-a-Lago home and private club.佛罗里达州的一名法官周二告知前总统特朗普的两名代理律师,他们在参与一项针对联邦调查局本月搜查特朗普马阿拉歌庄园和私人俱乐部提出的诉讼时搞砸了例行的文书工作。这两名律师都没有佛罗里达州的执业许可。“A sample motion can be found on the Court’s website,” the judge instructed them in her order.“动议样本可以在法院的网站上找到,”法官在发给律师的指示中告诉他们。Mr. Trump has projected his usual bravado, and raised millions of dollars online from outraged supporters, since federal agents descended on the property more than two weeks ago and carted off boxloads of material including highly classified documents. But something is different this time — and the errant court filing offered a glimpse into the confusion and uncertainty the investigation has exposed inside Mr. Trump’s camp.自从联邦特工在两周多前突袭了马阿拉歌庄园,带走包括高保密级别文件在内的成箱材料以来,特朗普一如既往地虚张声势,并在网上从愤怒的支持者那里筹集到了数百万美元。但这次有些不同,向法庭提交的文件出了错,让人们看到这次调查暴露出特朗普阵营内部的混乱和不确定性。The documents investigation represents the greatest legal threat Mr. Trump has faced in years, and he is going into the battle shorn of the protective infrastructure and constitutional armor of the presidency. After years of burning through lawyers, he has struggled to hire new ones, and has a small group of lawyers of varying experience.这次文件调查是特朗普多年来在法律上面临的最大威胁,而他在这场官司中并没有总统职位所赋予的保护性基础设施和宪法保护。加上多年来他聘请的律师干不了多久就离职,特朗普在聘请新律师上已颇为吃力,现有的一小群律师的经验参差不齐。He is facing a Justice Department he no longer controls, run by a by-the-book attorney general, Merrick B. Garland, who has pursued various investigations into Mr. Trump methodically and quietly.特朗普面对的司法部已不再由他控制,现任司法部长梅里克·B·加兰在管理上严格遵守章法,他已有条不紊地、不张扬地对特朗普展开各种调查。Mr. Trump is serving as his own communications director and strategic adviser, seeking tactical political and in-the-moment public relations victories, sometimes at the risk of stumbling into substantive legal missteps.特朗普正在担任自己的公关主管和战略顾问,寻求战术上、政治上和一时的公关胜利,有时不免会有在法律上犯大错的风险。One example came late on Monday, when a conservative writer allied with Mr. Trump made public a letter that the National ArcRisk aversiones had sent to Mr. Trump’s legal team in May. Spun by Mr. Trump and his allies as evidence that President Biden had played a role in the case after saying he was not involved, the letter confirmed information damaging to the former president’s case, including that Mr. Trump had retained more than 700 pages of documents with classification markings, including some at the most restricted level.一个例子是在周一晚间。一名支持特朗普的保守派作者公开了国家档案馆今年5月发给特朗普法律团队的一封信。特朗普及其盟友把这封信描述为拜登总统在“文件门”调查中发挥作用的证据,拜登曾在此前表示与此案无关。然而信中证实了一些对前总统案件不利的信息,包括特朗普保留了700多页带有机密标记的文件,其中有一些保密级别最高的文件。On Tuesday, the judge handling the Trump legal team’s request for the appointment of a special master to review the documents seized from Mar-a-Lago came back with some pointed questions. Judge Aileen M. Cannon, who was appointed by Mr. Trump, asked the lawyers to respond by Friday about whether she even had jurisdiction to hear Mr. Trump’s request, and what precisely his motion was asking her to do. This came hours after Judge Cannon informed the lawyers about their basic paperwork mistake. A Trump spokesman later showed stamped filings showing their paperwork had been accepted.特朗普的法律团队要求任命一名特别主事官,核查从马阿拉歌庄园搜获的文件,负责处理这一要求的法官、由特朗普提名任命的艾琳·坎农于周二回复律师时提出了一些尖锐的问题,并要求在周五前给出答复,包括她是否实际上有听取特朗普请求的管辖权,以及他的动议究竟要求她做什么。这些问题是坎农告知特朗普的律师他们提交的文书有基础性错误之后提出的。特朗普的一名发言人后来展示了盖章文件,表示他们提交的文件已被接受。But as has become standard operating practice in Mr. Trump’s world, the primary focus there is not about legal claims, or even political ones, but the state of mind of the man at the center of the crisis. He feels other people’s actions toward him haven’t gotten enough attention, some of his advisers say privately, regardless of whether the facts actually bear out his grievances.但正如特朗普世界里的标准操作惯例,该动议的主要焦点不是法律诉求,甚至也不是政治诉求,而是那个处于危机中心者的心境。他的一些顾问私下说,他觉得其他人针对他采取的行动没有得到足够关注,不管事实是否真的能够证实他的抱怨。“The Democrats have spent seven years fabricating hoaxes and witch hunts against President Trump, and the recent unprecedented and unnecessary raid is just another example of exactly that,” Taylor Budowich, a spokesman for Mr. Trump, said.“民主党人花了七年时间编造针对特朗普总统的骗局和政治迫害,最近这次前所未有的、不必要的突袭正是又一个例子,”特朗普的发言人泰勒·布多维奇说。8月8日,联邦调查局搜查了马阿拉歌庄园。第二天上午,支持者们在附近聚集。自从联邦特工运走机密文件以来,这名前总统已从愤怒的支持者那里筹集到了数百万美元。For years, Mr. Trump operated from a playbook taught to him in the 1970s by Roy M. Cohn, the ruthless former federal prosecutor and aide to Senator Joseph McCarthy who represented Mr. Trump early in Mr. Trump’s career.多年来,特朗普一直按照罗伊·科恩在20世纪70年代传授给他的战术手册行事。科恩曾是一名冷酷无情的联邦检察官,给参议员约瑟夫·麦卡锡当过助手,并在特朗普职业生涯早期当过特朗普的代理律师。That approach — demonize investigators, intimidate allies to keep them from straying, paint himself as persecuted and depict every criticism as a political witch hunt — was Mr. Trump’s go-to strategy to discredit the investigation into his 2016 campaign’s possible ties to Russia, and in his first impeachment trial.这些战术包括妖魔化调查人员,恐吓盟友以防止他们偏离,把自己描绘成受害者,把所有的批评描述为政治迫害,这是特朗普用来诋毁对其2016年竞选活动与俄罗斯关系的调查,以及在其第一次弹劾审判中的常用策略。Yet at the time, he had the lawyers in the White House Counsel’s Office helping to guide him, and a team of experienced legal hands familiar with Washington.但那时,他有白宫法律顾问办公室的律师们为他出谋划策,还有一个经验丰富、熟悉华盛顿的法律团队。Now, as in the days after he lost the 2020 election, Mr. Trump is relying on an ad hoc team of advisers with varying levels of experience and judgment, and trying to use his political support as both a shield and a weapon to be aimed at the people investigating him.现在,与他在2020年大选失败后的日子里一样,特朗普依靠一个经验和判断力参差不齐的临时顾问团队,并试图把自己的政治支持作为盾牌和武器来针对调查他的人。But even as he fuels outrage in sympathetic media outlets and tries to turn attention to Mr. Biden and the so-called deep state, Mr. Trump is to some extent walking on the phantom limbs of his expired presidency, claiming executive privilege still applies to him even though he’s out of office and maintaining he had a sweeping, standing order to declassify some documents, which his aides have declined to produce.然而,即使特朗普通过同情他的媒体激起了支持者的愤怒,并试图将注意力转移到拜登和所谓的“深层政府”,他对自己不再拥有的总统特权依然有一定程度的幻觉,声称尽管他已离开白宫,但行政特权仍适用于他,并坚称他拥有解密某些文件的全面长效法令,但他的助手拒绝出示。If the investigation into Mr. Trump’s possible connection with Russia was convoluted or hard for Americans to grasp, this one is not. The documents inquiry is about boxes of papers, storerooms, souvenirs and “top secret” stamps — the kind of identifiable items that Mr. Trump has weaponized to bludgeon opponents, akin to Hillary Clinton’s private email server or Hunter Biden’s laptop.如果说对特朗普与俄罗斯之间可能关系的调查错综复杂,让美国人难以理解的话,这次调查并非如此。“文件门”调查涉及成箱的文件、储藏室、纪念品和“绝密”图章,特朗普曾把这些可识别的物品武器化,用来打击对手,类似于希拉里·克林顿使用私人电子邮件服务器或亨特·拜登的笔记本电脑。The documents investigation is also about whether Mr. Trump or his associates may have obstructed the inquiry, according to court papers filed with the search warrant. And despite the bravura, Mr. Trump has betrayed anxiety in private conversations about where this is all leading, people who have spoken to him say.根据与搜查令一起提交的法庭文件,“文件门”调查也涉及特朗普或他的助手是否可能阻碍调查。据与特朗普交谈过的人说,尽管外表上毫不在乎,但他在私下交谈中透露出对事态走向的焦虑不安。“He was never subjected to an investigation of this heft and potency prior to his presidency,” said Tim O’Brien, a biographer of Mr. Trump and the executive editor of Bloomberg Opinion.“在担任总统之前,他从未受到过这种重量级和支配力的调查,”特朗普的传记作者、《彭博观点》的执行主编蒂姆·奥布莱恩说。Mr. O’Brien noted that when Mr. Trump was president he learned how to use his powers to protect himself. “Right now he is in the most vulnerable position he has been in, in his life, legally.”奥布莱恩指出,特朗普担任总统时,他学会了如何使用自己的权力来保护自己。“从法律上看,他现在处于一生中最岌岌可危的境地。”Mr. Trump’s court filing on Monday requesting the special master to review the seized documents was styled as a legal motion, but it sounded more like a news release drafted by Mr. Trump himself.特朗普的律师周一向法院提交的要求特别主事官核查搜获文件的文书被称为法律动议,但读起来更像是特朗普本人起草的新闻稿。It was filled with bombastic complaints that the government had long treated Mr. Trump unfairly. The document cited purported examples like “two years of noisy ‘Russian collusion’ investigations.” It also contained Trumpian boasts about the former president being “the clear front-runner” for the 2024 election.文中大肆抱怨政府长期以来不公平对待特朗普,其中列举了一些所谓的例子,比如“长达两年的‘通俄门’喧嚣调查”。文书中还有特朗普式的吹嘘,称这名前总统是2024年大选的“明显领先者”。Justice Department officials, who have maintained an open channel with Mr. Trump’s representatives, have said they operate under the assumption that none of his attorneys can speak with authority for the former president, knowing he is liable to change his mind in a moment, or withhold information from his own representatives.与特朗普的律师们保持联系的司法部官员已表示,他们在这个案子中的运作假设是,特朗普的律师中没有人能代表这名前总统发表权威意见,因为他们知道特朗普随时可能会改变主意,或对他的律师隐瞒信息。In one respect, Mr. Trump and his current roster of lawyers are fundamentally in lock step. They maintain, without any apparent evidence, that the Justice Department and F.B.I. used the document search at Mar-a-Lago to uncover new information for the widening investigation into his actions leading up to Jan. 6, 2021, when his supporters stormed the Capitol during certification of the 2020 election.特朗普和他目前雇的律师们在一个方面完全步调一致。他们在没有任何明显证据的情况下坚持认为,司法部和联邦调查局在马阿拉歌搜查文件是为了发现新的信息,以扩大对他在2021年1月6日之前行为的调查。那天,特朗普的支持者们在国会对2020年大选结果进行确认的过程中冲进了国会大厦。And they maintain, without proof, that Mr. Biden himself has been ordering up all of the investigations to destroy his political opponent, according to three people close to Mr. Trump.据与特朗普关系密切的三名人士说,特朗普和他的律师们在没有证据的情况下坚称,下令进行所有这些调查的人是拜登本人,目的是摧毁其政治对手。Justice Department officials have repeatedly denied any connection between the Mar-a-Lago search and their other work, and White House officials have told reporters that neither the president nor senior West Wing officials had prior knowledge of the search.司法部官员已多次否认搜查马阿拉歌庄园的行动与他们的其他工作有任何关系,白宫官员也告诉记者,总统和白宫西翼的高级官员们事先都不知道该搜查行动。The letter in May from the arcRisk aversiones to the Trump legal team said that the Justice Department had sent a request to the arcRisk aversiones through the Biden White House for access to the initial 15 boxes of government material that Mr. Trump had turned over to the arcRisk aversiones in January. The letter also said that Mr. Biden had deferred to the arcRisk aversionist’s decision, based on consultations with the Justice Department’s Office of Legal Counsel, to reject Mr. Trump’s assertion that the material in the boxes was protected by executive privilege.国家档案馆在5月发给特朗普法律团队的信中写道,司法部通过拜登的白宫向档案馆发了一份请求,要求查阅特朗普在今年1月移交给档案馆的首批15箱政府材料。信中还写道,拜登在与司法部的法律顾问办公室磋商后,听从了档案保管员的决定,对特朗普关于箱子里的材料受行政特权保护的说法不予考虑。特朗普面对的司法部已不再由他控制,现任司法部长梅里克·加兰在管理上严格遵守章法。Two of Mr. Trump’s most ferocious defenders on the matter are not even on his legal team. Kash Patel, a former Trump White House and Pentagon aide, and John Solomon, who runs a conservative news site and is close to the Trump team, are both representatives for Mr. Trump with the National ArcRisk aversiones. Both argued that Mr. Trump had a standing order to declassify documents that went to the president’s residence. Mr. Trump’s aides have provided no evidence that this was the case.在这件事上最激烈地为特朗普辩护的两个人都不是他法律团队的成员。他们是曾在特朗普任总统时的白宫和五角大楼当助手的卡什·帕特尔,以及经营着一家保守派新闻网站、与特朗普的法律团队关系密切的约翰·所罗门,他们曾代表特朗普与国家档案馆打交道。这两人认为,特朗普拥有对运到这位前总统宅邸的所有文件进行解密的长效法令。特朗普的助手一直没有提供任何证据来证明该说法属实。The result, according to people who have worked for him over the years, is that the only real continuity in the defense is Mr. Trump himself, and his demands that his lawyers do what he wants, which is why so many of his legal filings sound as if they were dictated by him.据几十年来先后为特朗普工作过的人说,到头来,辩方唯一真正保持不变的是特朗普本人,以及他对律师按他的意愿行事的要求,正因如此,他提交的很多法律文件读起来像是由他口授的。It is possible that Mr. Trump is the only one who knows what material he took with him from the White House. His concentric circles of political advisers, several layers deep when he held power, are also shrinking. Mr. Trump is thinly staffed as he sits at his private club at Bedminster, N.J., or at Trump Tower in New York City for the summer, and sometimes makes decisions without keeping his close advisers in the know.可能只有特朗普自己才知道他从白宫带走了什么材料。在他当总统时,他的政治顾问圈子曾经有好几层,如今也在缩小。他去新泽西州贝德明斯特的私人俱乐部时,或夏天住在纽约市的特朗普大厦时,身边的工作人员很少,他有时会在亲近的顾问们不知情的情况下做决定。To that point, few of Mr. Trump’s advisers appeared to have been aware that Mr. Solomon was publicizing the letter that the arcRisk aversiones had sent to Evan Corcoran, one of Mr. Trump’s lawyers. Many of them acknowledged that they had learned of it when reporters began reaching out after Mr. Solomon made it public.因此,特朗普的顾问中好像几乎没人知道所罗门公开了国家档案馆发给特朗普的律师埃文·科科伦的信。他们中的许多人承认,他们是在所罗门将信件公开后,记者们开始联系他们时才知道此事的。“He’s so impulsive that he does this on his own,” said Alan Marcus, a New Jersey-based consultant who worked for Mr. Trump’s company in the 1990s. Mr. Marcus described Mr. Trump’s approach to much of his life as “ready, fire, aim,” as opposed to something more strategic.曾在20世纪90年代为特朗普的公司工作的新泽西州顾问艾伦·马库斯说,“他太凭冲动行事了,老是自作主张。”马库斯把特朗普一生中的大部分做法描述为“各就各位、开火、瞄准目标”,而不是更有战略的做法。“So much of the ‘ready, fire, aim’ comes when he’s sitting alone,” he said.“很多的‘各就各位、开火、瞄准目标’都是他独自一人时干的,”马库斯说。Michael S. Schmidt对本文有报道贡献。Maggie Haberman是时报白宫记者。她自2015年以竞选报道记者一职加入时报,是2018年因报道唐纳德·特朗普的顾问及其与俄罗斯的联系而获普利策奖的团队成员之一。欢迎在Twitter上关注她:@maggieNYT。Glenn Thrush报道司法部方面的新闻。他2017年加入时报,此前在Politico、《新闻日报》、彭博新闻社、《纽约每日新闻》、《伯明翰邮报》和《城市极限》供职。欢迎在Twitter上关注他:@GlennThrush。Alan Feuer报道极端主义和政治暴力方面的新闻。他于1999年加入时报。欢迎在Twiitter上关注他:@alanfeuer。翻译:Cindy Hao点击查看本文英文版。

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