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Politics

Trump Doc Inquiry Poses Unparalleled Take a look at for Justice Dept.

WASHINGTON — As Justice Department officials haggled for months this year with former President Donald J. Trump’s lawyers and aides over the return of government documents at his Florida home, federal prosecutors became convinced that they were not being told the whole truth.

That conclusion helped set in motion a decision that would amount to an unparalleled test of the Justice Department’s credibility in a deeply polarized political environment: to seek a search warrant to enter Mar-a-Lago and retrieve what prosecutors suspected would be highly classified materials, beyond the hundreds of pages that Mr. Trump had already returned.

By the government’s account, that gamble paid off, with FBI agents carting off boxloads of sensitive material during the search three weeks ago, including some documents with top secret markings.

But the matter hardly ended there: What had started as an effort to retrieve national security documents has now been transformed into one of the most challenging, complicated and potentially explosive criminal investigations in recent memory, with tremendous implications for the Justice Department, Mr. Trump and public faith in government.

Attorney General Merrick B. Garland now faces the prospect of having to decide whether to file criminal charges against a former president and likely 2024 Republican candidate, a step without any historical parallel.

Remarkably, he may have to make this choice twice, depending on what evidence his investigators find in their separate, broad inquiry into Mr. Trump’s efforts to reverse the outcome of the 2020 election and his involvement with the Jan. 6 attack on the Capitol.

The department’s Jan. 6 investigation began as a manhunt for the rioters who attacked the Capitol. But last fall it expanded to include actions that occurred before the assault, such as the plan to submit slates of electors to Congress that falsely stated Mr. Trump had won in several key swing states.

This summer, prosecutors in the US attorney’s office in Washington began to ask witnesses directly about any involvement by Mr. Trump and members of his inner circle, including the former White House chief of staff Mark Meadows, had in efforts to reverse his election loss.

For all his efforts to distance the department from politics, Mr. Garland cannot escape the political repercussions of his decisions. How he handles Mr. Trump will surely define his tenure.

It is still unclear how either case will play out. Prosecutors working on the investigation into Mr. Trump’s handling of classified information are nowhere near making a recommendation to Mr. Garland, according to people with knowledge of the inquiry. Court filings describe the work as continuing, with the possibility of more witness interviews and other investigative steps to come.

The Trump Investigations

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The Trump Investigations

Numerous inquiries. Since former President Donald J. Trump left office, he has been facing several civil and criminal investigations into his business dealings and political activities. Here is a look at some notable cases:

The Trump Investigations

Jan 6 investigations. In a series of public hearings, the House select committee investigating the Jan. 6 attack laid out a comprehensive narrative of Mr. Trump’s efforts to overturn the 2020 election. This evidence could allow federal prosecutors, who are conducting a parallel criminal investigation, to indict Mr. Trump.

The Trump Investigations

Georgia election interference case. Fani T. Willis, the Atlanta-area district attorney, has been leading a wide-ranging criminal investigation into the efforts of Mr. Trump and his allies to overturn his 2020 election loss in Georgia. This case could pose the most immediate legal peril for the former president and his associates.

The Trump Investigations

New York State civil inquiry. Letitia James, the New York Attorney General, has been conducting a civil investigation into Mr. Trump and his family business. The case is focused on whether Mr. Trump’s statements about the value of his assets were part of a pattern of fraud or were simply Trumpian showmanship.

So far, Mr. Garland has signaled that he is comfortable with owning all of the decisions related to Mr. Trump. He has resisted calls to appoint a special counsel to deal with investigations into the former president. In his first speech to the department’s 115,000 employees last year, he expressed faith that together they could handle any case. “All of us are united by our commitment to the rule of law and to seeking equal justice under law,” he said.

Over the course of this year, as prosecutors sought to understand how sensitive government documents ended up at Mr. Trump’s Florida resort, they began to examine whether three laws had been broken: the Espionage Act, which outlaws the unauthorized retention or disclosure of national security information; a law prohibiting the mishandling of sensitive government records; and a law against obstructing a federal investigation.

By summertime, the investigation into Mr. Trump’s handling of classified information had started to yield compelling indications of possible intent to thwart the law, according to two people familiar with the work. While there was not necessarily ironclad evidence, witness interviews and other materials began to point to the possibility of deliberate attempts to mislead investigators. In addition to witness interviews, the Justice Department obtained security camera footage of various parts of Mar-a-Lago from the Trump Organization.

What we consider before using anonymous sources.
How do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even satisfied with these questions, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.

The heavily redacted affidavit explaining the government’s desire for a search warrant said that the Justice Department had “probable cause to believe that evidence of obstruction will be found at” Mar-a-Lago, and that “the government has well-founded concerns that steps may be taken to frustrate or otherwise interfere with this investigation if facts in the affidavit were prematurely disclosed.”

But a decision about whether to charge Mr. Trump over attempts to obstruct the investigation, or his handling of sensitive national security information, would involve a variety of considerations.

At the heart of the case would be evidence uncovered by the FBI, which is still trying to understand how and why government records made their way to Mar-a-Lago and why some stayed there despite repeated requests for their return by the National Archives and a later subpoena from the Justice Department.

But the highly classified nature of some of the documents retrieved from Mar-a-Lago and the possible evidence of obstruction are only some elements that will go into any final decision about pursuing a prosecution.

Career national security prosecutors will conduct a robust analysis of whether that evidence persuasively shows that laws were broken. That process will include a look at how the facts have been applied in similar cases brought under those same laws, information that prosecutors examined when they investigated former Secretary of State Hillary Clinton and the former CIA director David H. Petraeus.

Key developments in the inquiries into the former president and his allies.

In the case involving Mrs. Clinton’s use of a private email server, for instance, officials in the national security division asked prosecutors to dive deep into the history of the Espionage Act. At issue was whether her handling of classified information indicated she had engaged in gross negligence. One compelling case of gross negligence that they did find, involving a former FBI agent, included far more serious factors. After examining past examples, they found that her case did not meet that standard. In the end, the consensus was not to charge Mrs. Clinton.

But Mr. Trump’s case presents the additional question of obstruction of justice, and the possibility that evidence could show that he or his legal team defied the Justice Department to hold onto documents that belonged to the government.

That in some ways echoes a previous obstruction inquiry conducted by Robert S. Mueller III, the special counsel who examined whether Russia interfered in the 2016 election. His final report showed that Mr. Trump tried to curtail, or even end, the special counsel inquiry as he learned more about it. But Mr. Mueller declined to say whether Mr. Trump had broken the law, allowing the attorney general at the time, William P. Barr, to clear Mr. Trump of that crime.

There is no way to know whether the Justice Department has facts regarding obstruction that meet its standard of prosecution, which is evidence that would “probably be sufficient to obtain and sustain a conviction.”

But the Justice Department’s own legal filings have thrust the question of obstruction into public view. Should Mr. Garland find that there is not enough evidence to indict Mr. Trump, the Justice Department under two successive administrations will have chosen not to recommend prosecuting Mr. Trump for that crime.

If Mr. Garland chooses to move forward with charges, it will be a historic moment for the presidency, a former leader of the United States accused of committing a crime and possibly forced to defend himself before a jury of his fellow citizens. It is a process that could potentially unfold even as he runs again for the White House against an incumbent whose administration is prosecuting him.

That, too, runs huge risks for the department’s credibility, particularly if the national security threat presented by Mr. Trump’s possession of the documents, inevitably disclosed at least in part during the course of any trial, do not seem substantial enough to warrant such a grave move.

Mr. Garland and his investigators are fully aware of the implications of their decisions, according to people familiar with their work. The knowledge that they will be scrutinized for impropriety and overreach, they say, has underscored the need to hew to the facts.

But a decision to prosecute — or to decline to prosecute — has political implications that Mr. Garland cannot escape. And no matter of judiciousness can change the fact that he is operating within an America as politically divided as it has been in decades.

Mr. Trump’s supporters have viewed any investigative steps around the former president as illegitimate attacks by a partisan Justice Department that is out to get him. And his detractors believe that any decision not to prosecute, no matter the evidence, would show that Mr. Trump is indeed above the law.

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Politics

ISIS Poses ‘Acute’ Menace to U.S. Evacuation Efforts in Kabul, Sullivan Says

A deadly attack on American and Afghan civilians would be a disaster not only for the US but also for the Taliban, who want to consolidate control over Kabul. The Taliban and the Islamic State were enemies and fought for control of parts of the country on the battlefield.

Understanding the Taliban takeover in Afghanistan

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Who are the Taliban? The Taliban emerged in 1994 amid the unrest following the withdrawal of Soviet troops from Afghanistan in 1989. They used brutal public punishments, including flogging, amputation and mass executions, to enforce their rules. Here is more about their genesis and track record as rulers.

Who are the Taliban leaders? These are the top leaders of the Taliban, men who for years have been on the run, in hiding, in prison and dodged American drones. Little is known about them or how they plan to rule, including whether they will be as tolerant as they say they are.

What is happening to the women of Afghanistan? When the Taliban was last in power, they banned women and girls from most jobs or from going to school. Afghan women have gained a lot since the Taliban was overthrown, but now they fear that they are losing ground. Taliban officials are trying to reassure women that things will be different, but there are indications that they have begun to reintroduce the old order in at least some areas.

Western counter-terrorism analysts say a high-profile attack by ISIS during the evacuation would most likely add to the group’s dwindling wealth, recruitment and prestige.

A June United Nations report found that “Islamic State’s territorial losses have affected the group’s ability to recruit and generate new funds.”

Although the ISIS affiliate was believed to still have 1,500 to 2,200 fighters in small areas of Kunar and Nangarhar provinces, the report said, “It has been forced to decentralize and consists mainly of cells and small groups across the country that act autonomously ”. while they share the same ideology. “

While the group suffered military setbacks from the summer of 2018, the report concluded that since June 2020, under its ambitious new leader Shahab al-Muhajir, the subsidiary has “remained active and dangerous” and is trying to increase its ranks with disaffected Taliban fighters and other militants.

“Given that ISIS-K and the Taliban are enemies, it will be a challenge for ISIS-K,” said Clarke. “Nevertheless, the Taliban now have their hands full governing, which will consume a considerable amount of bandwidth within the organization.”

Nathan Sales, the State Department’s Counter-Terrorism Coordinator in the Trump administration, said on Sunday that if the ISIS affiliate were able to attack the Kabul airport, “it suggests that Afghanistan may be after the departure of the USA will be a permissive environment for all types of terrorist groups. even those who are hostile to the Taliban. “

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Health

Alzheimer’s Drug Poses a Dilemma for the F.D.A.

The Food and Drug Administration is on the verge of announcing one of its most contentious decisions in years: the fate of an Alzheimer’s drug that could be the first treatment approved after nearly two decades of failed efforts to find ways to curb the debilitating disease.

On Monday, the agency will rule on the drug, aducanumab, which aims to slow progression of memory and thinking problems early in the disease. If approved, it would be the first new Alzheimer’s medication since 2003 and the first treatment on the market that attacks the disease process rather than just easing symptoms.

It would become a blockbuster drug within several years, analysts predict, costing tens of thousands of dollars annually per patient and bringing a windfall to its manufacturer, Biogen.

Patient groups, desperate for treatments, are pushing for approval. But greenlighting the drug would fly in the face of objections from several prominent Alzheimer’s experts and the F.D.A.’s independent advisory committee.

In November, the committee voted overwhelmingly against recommending approval, saying data failed to demonstrate persuasively that aducanumab slowed cognitive decline. Three advisory committee members later wrote a point-by-point critique of the evidence. Other scientists, and an independent think tank, say aducanumab hadn’t shown convincing benefit to outweigh its safety risks.

“This should not be approved, because substantial evidence of effectiveness hasn’t been shown,” said Dr. Lon Schneider, director of the California Alzheimer’s Disease Center at the University of Southern California and one of many site investigators who helped conduct one of the aducanumab trials. “There’s very little potential that this will address the needs of patients.”

Beyond the status of this particular drug, some experts worry approval could lower standards for future drugs — an especially important question at a time when public trust in science is teetering.

“I simply don’t see a path for approval because of the absence of evidence that’s been shared to date that this product works, and I think it would set a remarkably dangerous precedent — not only for the field of Alzheimer’s research but also for the broader regulation of prescription drugs in our country,” said Dr. G. Caleb Alexander, an F.D.A. advisory committee member and an internist, epidemiologist and drug safety and effectiveness expert at the Johns Hopkins Bloomberg School of Public Health.

About six million people in the United States and roughly 30 million globally have Alzheimer’s, a number expected to double by 2050. Currently, five medications approved in the United States can delay cognitive decline for several months in various Alzheimer’s stages. About two million Americans have mild Alzheimer’s-related impairment, fitting criteria for aducanumab, a monthly intravenous infusion requiring regular imaging to detect potential brain swelling.

Biogen officials declined to comment for this article, but in earnings calls, medical meetings and F.D.A. presentations, they have said the evidence shows cognitive benefit. Several Alzheimer’s experts whose experience includes consulting for Biogen wrote recently that aducanumab “achieves the standard of meaningful efficacy with adequate safety.”

Debate centers on two never fully completed Phase 3 trials that contradicted each other. One suggested that a high dose could slightly slow cognitive decline; the other showed no benefit. Biogen says that given the need for Alzheimer’s medications, the single positive trial, plus results from a small safety trial and aducanumab’s ability to reduce a key protein, should justify approval.

The F.D.A. typically follows advisory committee recommendations and usually requires two convincing studies for approval, but it has made exceptions, especially for severe diseases that lack treatments.

Two other medications now in trials appear more promising than aducanumab, experts say, but it could be three or four years before data would indicate whether they merit approval. Many families say that’s too long to wait.

“There’s lots of issues with the data,” acknowledged Maria Carrillo, chief science officer for the Alzheimer’s Association, a patient advocacy group campaigning vigorously for approval. But she said her organization must “weigh the crushing reality of what people live with today” and support giving patients something to try instead of waiting several years for more conclusive positive results.

The F.D.A. itself seems divided. In advisory committee presentations, a clinical analyst cited “substantial evidence of effectiveness to support approval.” But an F.D.A. statistician wrote that another trial was needed because “there is no compelling, substantial evidence of treatment effect or disease slowing.”

And some experts, like Dr. Ronald Petersen, director of the Mayo Clinic’s Alzheimer’s Disease Research Center in Rochester, Minn., say they’re “on the fence.” He said he’d like to give patients a new option soon but “the data are iffy.”

Aducanumab, a monoclonal antibody, targets a protein, amyloid, that clumps into plaques in the brains of Alzheimer’s patients. Many amyloid-reducing drugs failed to slow symptoms in trials, a history that, some experts say, makes it especially important that aducanumab’s data be convincing. If effective, it would support a long-held, unproven theory that attacking amyloid can help if done early enough.

Excitement about aducanumab grew after a small early trial to evaluate safety showed amyloid reduction and hinted it might slow cognitive decline. The F.D.A., in a move some experts question, allowed Biogen to skip Phase 2 trials and conduct two Phase 3 trials of about 1,640 patients each.

Both trials were stopped early, in March 2019, when an independent data monitoring committee said aducanumab didn’t appear to be working. Consequently, 37 percent of participants never completed the 78-week trials.

But that October, Biogen announced it found benefit in one trial after evaluating data from 318 participants who finished before the trials were stopped but after the cutoff point for results the monitoring committee assessed.

In that trial, Biogen said, the highest dose slowed cognitive decline by 22 percent, or about four months over 18 months. A lower dose in that trial and high and low doses in the other showed no statistically significant benefit over a placebo.

“One study was positive, and one identically performed study was negative,” said Dr. David Knopman, a clinical neurologist at the Mayo Clinic and a site principal investigator for one trial. “I don’t think it takes a Ph.D. in statistics to see that that’s inconclusive.”

Dr. Alexander added that Biogen’s interpretation of data using after-the-fact analyses was “like the Texas sharpshooter fallacy — the idea that the sharpshooter shoots up a barn and then goes and draws a bull’s-eye around the cluster of holes that he likes.”

By contrast, Dr. Stephen Salloway, who has received research and consulting fees from Biogen but wasn’t paid for being an aducanumab trial site principal investigator, called himself a “passionate” supporter of approval. He considers the evidence sufficient because Alzheimer’s is so disabling.

“I understand people’s concerns — the data set has issues, of course,” said Dr. Salloway, director of neurology and the Memory and Aging Program at Butler Hospital in Providence, R.I. “F.D.A. is in a tough spot, obviously.”

But he favors giving patients the option. Of his 17 participants in both the safety trial and Phase 3, he said, 10 had remained relatively cognitively stable for several years, while seven had declined at typical rates.

“It didn’t work for everybody,” he said, but “it just seemed like there were more people that were steady for longer than I’m used to.”

One challenge with assessing impact is that many early-stage patients decline slowly anyway, Dr. Schneider said.

Advocates and many patients say delaying deterioration even slightly is meaningful. But some experts say the single trial’s slowing of 0.39 on an 18-point scale rating memory, problem-solving skills and function may be imperceptible to patients’ experience and doesn’t justify approving a drug that floundered in another trial and carries risk of harm.

“This product, even in the best of circumstances, would be not terribly effective at all, with significant safety risks,” Dr. Alexander said.

The potential harm involves brain swelling or bleeding experienced by about 40 percent of Phase 3 trial participants receiving the high dose. Most were either asymptomatic or had headaches, dizziness or nausea. But such effects prompted 6 percent of high-dose recipients to discontinue. No Phase 3 participants died from the effects, but one safety trial participant did.

Some trial participants’ views reflect the situation’s complexity.

Dewayne Nash, 71, of Santa Barbara, Calif., learned after the trial that he had received 18 months of a placebo, during which his cognitive scores improved — partly, he believes, because he lowered his cholesterol. Dr. Nash, a retired family physician, then received seven months of aducanumab, scaling up to the high dose, hoping it would slow decline, but “I didn’t notice any difference.”

Dr. Nash, whose mother and brother died of Alzheimer’s, will resume aducanumab soon through Biogen’s study for previous participants. He said that for his situation, he would like it approved because he expects to decline before other therapies become available and is willing to risk “brain bleeding and stuff.”

But scientifically, “I don’t like it when they rush drugs,” he said.

“They really ought to do the studies that need to be done” before approval, he added. Otherwise, “you’re giving people a drug that may help, but it may not.”

Dr. Salloway said one trial patient whose dementia had remained mild considerably longer than he’d expected was Henry Magendantz, a retired obstetrician-gynecologist in Providence, R.I. Dr. Magendantz, 84, started the safety trial after his wife, Kathy Jellison, noticed him having trouble following steps to assemble furniture.

He received a year of placebo, then a year of lower-dose aducanumab, then two years of the high dose before the 2019 halt. During that time, Ms. Jellison said, he was “slipping a bit,” but she believes aducanumab slowed decline enough to allow him to participate in tasks like choosing an assisted-living facility, where he moved in October 2018.

“It brought us some time,” she said.

Another issue with evaluating treatments is that some assessment scales, including in the aducanumab trials, involve reports from relatives or caregivers, who might miss subtle symptom progression.

“It is squishy stuff,” said Susan Woskie, a professor emeritus in public health at the University of Massachusetts Lowell, whose wife, Debby Rosenkrantz, 68, participated in the trial. “This stuff is really difficult, I think, to compile into metrics that have any validity.”

Ms. Rosenkrantz, a former social worker in Cambridge, Mass., said that while receiving roughly eight months of low-dose aducanumab in the trial, “I was really optimistic that there was a drug, and so for me it was like, yes, it’s working.”

Since restarting infusions in Biogen’s study for previous participants last September, though, “I haven’t noticed any change,” she said.

She experiences short-term memory loss and cannot follow recipes. “It just feels like there’s a blank in places where there shouldn’t be a blank in my brain,” she said.

Dr. Woskie said the couple yearns for treatments but that if the F.D.A. told Biogen, “‘No, we don’t fast-track approve you; come back when you have more data,’ that wouldn’t surprise me, and it might make sense.”

Some doctors who consider aducanumab’s evidence weak, including Dr. Knopman, say that if it is approved, they would tell patients their reservations but would feel ethically compelled to offer it.

Still, Dr. Jason Karlawish, a co-director of the University of Pennsylvania’s Penn Memory Center and a site investigator on Biogen-sponsored studies, said, “Physicians like me, who would be prescribers, are saying, ‘I want an effective drug to prescribe to my patients — but this is not the drug.’”

Categories
Business

Cryptocurrency poses a major danger of tax evasion

R. Tsubin | Moment | Getty Images

Crypto tax evasion

But how does cryptocurrency lead to tax evasion?

According to tax experts, it largely comes down to lax reporting requirements.

The IRS may not be able to track crypto earnings or transactions if they are not reported by exchanges, corporations, and other third parties. And that means the income may not be taxed.

“Nobody has set clear rules about it, so a lot is not reported,” said Jon Feldhammer, partner at law firm Baker Botts and former senior litigator at the IRS.

“Every time you create a path of non-reporting, you create an opportunity to capitalize on tax fraud in incomprehensible or much elusive ways,” he said.

Crypto is fast becoming an alternative to cash as more and more merchants accept Bitcoin and other virtual currencies as a means of payment. However, cash is more regulated.

For example, a company that receives more than $ 10,000 in cash from a customer must file a currency transaction report. This can happen when a consumer buys a car for more than $ 10,000 in cash, when someone wins big at the casino, or when a bank receives a large cash deposit.

These reports tell the government that a buyer has a lot of money that may or may not be reported on a tax return.

However, the same rules don’t apply to crypto. A used car company that receives $ 20,000 worth of Bitcoin from a customer does not need to file a report of currency transactions. This income can also remain untaxed if it is not reported on the business owner’s tax return, Feldhammer said.

“Although cryptocurrency transactions are a relatively small part of business income today, they are likely to grow in importance over the next decade, especially given a broad system of reporting financial accounts,” the financial report said.

Additionally, virtual currencies do not have to be bought or sold through an exchange, making these transactions more opaque to government officials.

Biden crypto proposal

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About 80% of the “tax gap” in the US is due to underreported income, according to the Treasury Department, especially the wealthy who hide income in opaque structures.

Stricter reporting standards – including “full reporting” for cryptocurrency – are among the most effective ways to improve tax compliance.

Biden’s tax agenda would treat crypto transactions like cash and require companies to report if they received more than $ 10,000 in virtual currency.

Financial institutions, payment processing companies and stock exchanges and custodians for digital assets would also have to report crypto transactions above a certain threshold, according to an analysis of the proposal published by the law firm Greenberg Traurig.

The IRS has already shown a greater interest in learning more about taxpayers’ crypto activities. The agency asked a question about cryptocurrency holdings on page 1 of the 2020 tax returns.

Biden’s compliance agenda would have to be passed by Congress. The overall plan would raise $ 700 billion in the first decade and an additional $ 1.6 trillion in the second decade, according to Treasury.

The White House would use these funds to fund action in the American Families Plan. This proposal includes additional funding for two years of free universal preschool, two years of free community college, heavily subsidized childcare for middle-class families, federal paid family vacations, and expanded child tax credits.