1
Today, clouds, sun, breezy, cold, high 46. Tonight, mainly clear, cold, low 34. Tomorrow, sunshine, clouds, less wind, a bit warmer, high 49. Weather map appears on Page A16. U(D54G1D)y+&!{!$!=!. Less than a week after a humiliating loss, U.S. Soccer announced that Jurgen Klinsmann had been fired as coach of the men’s national soccer team. PAGE B8 SPORTSTUESDAY B8-12 U.S. Soccer Coach Is Dismissed Marijuana use is legal in California, but the ordeals of one of the state’s largest cannabis companies have left many in the industry fearful. PAGE A13 NATIONAL A13-22 A Bumpy Road to Legality David Brooks PAGE A31 EDITORIAL, OP-ED A30-31 After disclosures of an exten- sive, state-run doping program in Russia, sports officials have been retesting urine samples from the 2008 and 2012 Summer Olympics, in Beijing and London. Their find- ings have resulted in a top-to-bot- tom rewriting of Olympics history. More than 75 athletes from those two Olympics have been found, upon further scrutiny, to be guilty of doping violations. A ma- jority are from Russia and other Eastern European countries. At least 40 of them won medals. Dis- ciplinary proceedings are con- tinuing against other athletes, and the numbers are expected to climb. Anyone looking at the record books for the Beijing and London Games might think them an illu- sion. Medals are being stripped from dozens of athletes and redis- tributed to those who were de- prived a spot on the podium. “The numbers are just impossi- ble, incredible,” said Gian-Franco Kasper, an executive board mem- ber of the International Olympic Committee. “We lose credibility. Credibility is a major concern.” The results of the retests are coming at a time of intense inter- national scrutiny on Russian ath- letes. The country’s longtime anti- doping lab chief in May described an elaborate doping program and cheating scheme, and nearly a third of Russia’s Olympic team was barred from the Summer Games in Rio de Janeiro. The Olympic committee an- nounced penalties for 16 athletes last week and another 12 on Mon- day. Suddenly — and unceremoni- ously — some undecorated Olym- pians are inheriting medals for From 6th to Olympic Medalist: Doping Results Topple Podium By REBECCA R. RUIZ Top, the American high jumper Chaunté Lowe, sixth in the 2008 Beijing Olympics, was moved up to third after three women, above, who finished ahead of her were disqualified for doping. TOP, DOUG MILLS/THE NEW YORK TIMES; FROM LEFT, DAVID J. PHILLIP/ASSOCIATED PRESS; JED JACOBSOHN/GETTY IMAGES; PIERRE-PHILIPPE MARCOU/AGENCE FRANCE-PRESSE — GETTY IMAGES Continued on Page B12 STEPHANIE KEITH/REUTERS Officers doused people protesting an oil pipeline project near Cannon Ball, N.D., on Sunday. Sixteen were held Monday. Page A14. Resisting a Pipeline, and Water Cannons, in North Dakota WASHINGTON — Not long af- ter he took office, President Obama sought advice from the Justice Department about a po- tential conflict of interest involv- ing a foreign government. He wanted to know whether he could accept the Nobel Peace Prize. The answer turned on the Emoluments Clause, an obscure provision of the Constitution that now poses risks for President- elect Donald J. Trump should he continue to reap benefits from transactions with companies con- trolled by foreign governments. “Emolument” means compen- sation for labor or services. And the clause says that “no person holding any office of profit or trust” shall “accept of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign state” unless Congress consents. It took David J. Barron, a Jus- tice Department official who is now a federal appeals court judge in Boston, 13 single-spaced pages to answer Mr. Obama’s question. Two things were clear, he wrote. The Emoluments Clause “surely” applied to the president, and the prize, which included a check for about $1.4 million, was the sort of thing that would be barred if it came from a foreign state. In the end, however, Mr. Barron con- cluded that Mr. Obama could ac- cept the prize because the com- mittee that chose him was inde- pendent of the Norwegian govern- ment and the prize itself was Trump’s Foreign Business Deals May Test a Constitutional Limit By ADAM LIPTAK Continued on Page A22 WASHINGTON — Donald J. Trump ran for president boasting that he knew more about fighting terrorists than America’s gener- als. But now that Mr. Trump is the president-elect, he is spending a great deal of his time with retired generals, and those of a particular breed: commanders who, when they served, were often at odds with President Obama. One has been named as Mr. Trump’s national security adviser, and several others are candidates for coveted positions in his cab- inet or are advising him on how to confront the world’s greatest threats. They would give his for- eign policy a far more aggressive cast than Mr. Obama’s. Turning to the retired officers reflects Mr. Trump’s preference for having strong, even swagger- ing, men around him. But it wor- ries national security experts and even other retired generals, who say that if Mr. Trump stacks criti- cal jobs purely with warriors, it could lead to an undue emphasis on military force in American for- eign policy. “If you have too many generals in the kitchen, the dish is likely to be baked with even more military instruments inside,” said John A. Nagl, a retired Army lieutenant colonel and an expert in counter- insurgency strategy. “I’m not sure that’s the recipe the United States needs for every foreign policy meal.” Mr. Trump’s inclination toward Focus on Generals for Top Jobs Stirs Worries on Military Sway By MARK LANDLER and HELENE COOPER Continued on Page A20 WASHINGTON — President- elect Donald J. Trump on Monday released a two-and-a-half-minute infomercial-style video, turning to social media to deliver a direct-to- camera message in which he vowed to create jobs, renegotiate trade agreements, end restric- tions on energy production and impose bans on lobbying. Mr. Trump offered what he called an update on his transition, which he said was going “very smoothly, efficiently and effec- tively.” Reading from a script and looking into a camera, he steered clear of his most inflammatory campaign promises to deport im- migrants and track Muslims and his pledge to repeal the Affordable Care Act. “Whether it’s producing steel, building cars or curing disease, I want the next generation of pro- duction and innovation to happen right here, in our great homeland: America — creating wealth and jobs for American workers,” Mr. Trump said in the video. The brief YouTube video offered one of the few opportunities for the public to hear from Mr. Trump directly since he was elected two weeks ago. The president-elect has declined to hold a news con- ference since his victory, and in- stead has used early-morning Twitter bursts to communicate. Mr. Trump gave a brief middle- of-the-night speech after Hillary Clinton called him on Nov. 9. And he sat for an interview with The Wall Street Journal and an ap- pearance, surrounded by his fam- ily, on CBS News’s “60 Minutes” last week. Since then, he has mostly been behind closed doors as he assembles a cabinet and White House team. In the video, Mr. Trump de- TRUMP, ON VIDEO, SAYS TRANSITION RUNS SMOOTHLY AN APPEAL ON YOUTUBE Softer Tone in Avoiding Topics Like Terrorism and Immigration By MICHAEL D. SHEAR and JULIE HIRSCHFELD DAVIS Continued on Page A19 Under Bryant Park, the New York Public Library has opened a repository of research materials in a concrete- encased, climate-controlled vault. With a little red railroad. PAGE A24 NEW YORK A24-28 A Railroad in the Library Francis made permanent a decision that allows priests to grant absolution for an act that the Roman Catholic Church considers “a grave sin.” PAGE A4 Pope Extends Abortion Policy The problems of South Korea’s female president have left many women infuri- ated and fearful that their patriarchal country will become even more skepti- cal of female leadership. PAGE A4 INTERNATIONAL A4-12 Gender and Political Scandal A free app, Explorer, offers facts, videos and teaching tools for some 70 of the most compelling items at the American Museum of Natural History. PAGE C1 ARTS C1-8 Your Digital Museum Docent NASA’s James Webb Space Telescope — the long-awaited successor of the Hubble Space Telescope — is on budget and on track for a 2018 launch. PAGE D1 SCIENCE TIMES D1-6 Hubble’s Successor Has a Date Two weeks after Donald J. Trump swept to victory, investors from around the world are betting that his promises of tax cuts, fewer regulations and a spend- thrift federal government can re- charge the American economy. This burst of exuberance sent the major markets to record highs on Monday, as investors contin- ued to pull out of government bond funds whose yields are mi- serly. The momentum has shown few signs of slowing and has re- sulted in significant flows of money being poured into United States stocks. The rush of money has also pushed up the value of the dollar against the currencies of devel- oped nations, such as the euro, and those of developing nations like Brazil, Turkey and Mexico. A strong dollar that is underpinned by rising interest rates tends to spell trouble for emerging mar- kets, as investors move money from these countries, creating havoc and making it harder for governments and corporations to pay off their dollar-denominated debts. For that reason, many econo- mists have warned that the down- side to a Trump-inspired revival of the United States economy is a spate of calamities in emerging markets, as investors head quickly for the exit. The recent euphoria stands in sharp contrast to Wall Street’s prediction, before the election, of market mayhem if Mr. Trump were to win. The view had been that his unpredictable ways would spook the financial world, not least his threat to rip up trade Investors Make A Bullish Bet On Expansion Forecasting Era of Tax Cuts and Spending By LANDON THOMAS Jr. Source: Reuters THE NEW YORK TIMES 2,100 2,125 2,150 2,175 2,200 2,225 Election Day S.& P. 500-STOCK INDEX Monday +2.7% since Election Day Continued on Page B4 VOL. CLXVI . . . No. 57,424 © 2016 The New York Times Company NEW YORK, TUESDAY, NOVEMBER 22, 2016 Late Edition $2.50 A panel of three federal judges said on Monday that the Wiscon- sin Legislature’s 2011 redrawing of State Assembly districts to favor Republicans was an unconstitu- tional partisan gerrymander, the first such ruling in three decades of pitched legal battles over the is- sue. Federal courts have struck down gerrymanders on racial grounds, but not on grounds that they unfairly give advantage to a political party — the more com- mon form of gerrymandering. The case could now go directly to the Supreme Court, where its fate may rest with a single justice, An- thony M. Kennedy, who has ex- pressed a willingness to strike down partisan gerrymanders but has yet to accept a rationale for it. Should the court affirm the rul- ing, it could upend the next round of state redistricting, in 2021, for congressional and state elections nationwide, most of which is likely to be conducted by Republican- controlled legislatures that have swept into power in recent years. “It is a huge deal,” said Heather Gerken, a Yale Law School profes- sor and an expert on election law. “For years, everyone has waited for the Supreme Court to do some- thing on this front. Now one of the lower courts has jump-started the debate. “If this were to be a nationwide standard, 2021 would look quite different,” she said, “especially for the Democrats.” Several election-law scholars said the ruling was especially sig- nificant because it offered, for the first time, a clear mathematical formula for measuring partisan- ship in a district, something that had been missing in previous as- Districts Favor G.O.P. Unfairly, Court Finds in a Key State Case By MICHAEL WINES Continued on Page A21 William Trevor, the Irish-born author who died on Sunday at 88, was a master of the short story who often wrote of sad, everyday characters. PAGE A29 OBITUARIES A28-29 A Burnisher of the Ordinary

RUNS SMOOTHLY Cuts and Spending SAYS TRANSITION TRUMP, … · 11/22/2016  · to answer Mr. Obama’s question. Two things were clear, he wrote. The Emoluments Clause “surely”

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Page 1: RUNS SMOOTHLY Cuts and Spending SAYS TRANSITION TRUMP, … · 11/22/2016  · to answer Mr. Obama’s question. Two things were clear, he wrote. The Emoluments Clause “surely”

C M Y K Nxxx,2016-11-22,A,001,Bs-4C,E2

Today, clouds, sun, breezy, cold, high46. Tonight, mainly clear, cold, low34. Tomorrow, sunshine, clouds,less wind, a bit warmer, high 49.Weather map appears on Page A16.

U(D54G1D)y+&!{!$!=!.

Less than a week after a humiliatingloss, U.S. Soccer announced that JurgenKlinsmann had been fired as coach ofthe men’s national soccer team. PAGE B8

SPORTSTUESDAY B8-12

U.S. Soccer Coach Is DismissedMarijuana use is legal in California, butthe ordeals of one of the state’s largestcannabis companies have left many inthe industry fearful. PAGE A13

NATIONAL A13-22

A Bumpy Road to Legality

David Brooks PAGE A31

EDITORIAL, OP-ED A30-31

After disclosures of an exten-sive, state-run doping program inRussia, sports officials have beenretesting urine samples from the2008 and 2012 Summer Olympics,in Beijing and London. Their find-ings have resulted in a top-to-bot-tom rewriting of Olympics history.

More than 75 athletes fromthose two Olympics have beenfound, upon further scrutiny, to beguilty of doping violations. A ma-jority are from Russia and otherEastern European countries. Atleast 40 of them won medals. Dis-ciplinary proceedings are con-tinuing against other athletes, andthe numbers are expected toclimb.

Anyone looking at the recordbooks for the Beijing and LondonGames might think them an illu-sion. Medals are being strippedfrom dozens of athletes and redis-tributed to those who were de-

prived a spot on the podium.“The numbers are just impossi-

ble, incredible,” said Gian-FrancoKasper, an executive board mem-ber of the International OlympicCommittee. “We lose credibility.Credibility is a major concern.”

The results of the retests arecoming at a time of intense inter-national scrutiny on Russian ath-letes. The country’s longtime anti-doping lab chief in May describedan elaborate doping program andcheating scheme, and nearly athird of Russia’s Olympic teamwas barred from the SummerGames in Rio de Janeiro.

The Olympic committee an-nounced penalties for 16 athleteslast week and another 12 on Mon-day. Suddenly — and unceremoni-ously — some undecorated Olym-pians are inheriting medals for

From 6th to Olympic Medalist:Doping Results Topple Podium

By REBECCA R. RUIZ

Top, the American high jumper Chaunté Lowe, sixth in the 2008Beijing Olympics, was moved up to third after three women,above, who finished ahead of her were disqualified for doping.

TOP, DOUG MILLS/THE NEW YORK TIMES; FROM LEFT, DAVID J. PHILLIP/ASSOCIATED PRESS; JED JACOBSOHN/GETTY IMAGES; PIERRE-PHILIPPE MARCOU/AGENCE FRANCE-PRESSE — GETTY IMAGES

Continued on Page B12

STEPHANIE KEITH/REUTERS

Officers doused people protesting an oil pipeline project near Cannon Ball, N.D., on Sunday. Sixteen were held Monday. Page A14.Resisting a Pipeline, and Water Cannons, in North Dakota

WASHINGTON — Not long af-ter he took office, PresidentObama sought advice from theJustice Department about a po-tential conflict of interest involv-ing a foreign government. Hewanted to know whether he couldaccept the Nobel Peace Prize.

The answer turned on theEmoluments Clause, an obscureprovision of the Constitution thatnow poses risks for President-elect Donald J. Trump should hecontinue to reap benefits fromtransactions with companies con-trolled by foreign governments.

“Emolument” means compen-sation for labor or services. Andthe clause says that “no personholding any office of profit ortrust” shall “accept of any present,emolument, office or title, of any

kind whatever, from any king,prince or foreign state” unlessCongress consents.

It took David J. Barron, a Jus-tice Department official who isnow a federal appeals court judgein Boston, 13 single-spaced pagesto answer Mr. Obama’s question.

Two things were clear, he wrote.The Emoluments Clause “surely”applied to the president, and theprize, which included a check forabout $1.4 million, was the sort ofthing that would be barred if itcame from a foreign state. In theend, however, Mr. Barron con-cluded that Mr. Obama could ac-cept the prize because the com-mittee that chose him was inde-pendent of the Norwegian govern-ment and the prize itself was

Trump’s Foreign Business Deals May Test a Constitutional Limit

By ADAM LIPTAK

Continued on Page A22

WASHINGTON — Donald J.Trump ran for president boastingthat he knew more about fightingterrorists than America’s gener-als.

But now that Mr. Trump is thepresident-elect, he is spending agreat deal of his time with retiredgenerals, and those of a particularbreed: commanders who, whenthey served, were often at oddswith President Obama.

One has been named as Mr.Trump’s national security adviser,and several others are candidatesfor coveted positions in his cab-inet or are advising him on how toconfront the world’s greatestthreats. They would give his for-eign policy a far more aggressivecast than Mr. Obama’s.

Turning to the retired officers

reflects Mr. Trump’s preferencefor having strong, even swagger-ing, men around him. But it wor-ries national security experts andeven other retired generals, whosay that if Mr. Trump stacks criti-cal jobs purely with warriors, itcould lead to an undue emphasison military force in American for-eign policy.

“If you have too many generalsin the kitchen, the dish is likely tobe baked with even more militaryinstruments inside,” said John A.Nagl, a retired Army lieutenantcolonel and an expert in counter-insurgency strategy. “I’m not surethat’s the recipe the United Statesneeds for every foreign policymeal.”

Mr. Trump’s inclination toward

Focus on Generals for Top JobsStirs Worries on Military Sway

By MARK LANDLER and HELENE COOPER

Continued on Page A20

WASHINGTON — President-elect Donald J. Trump on Mondayreleased a two-and-a-half-minuteinfomercial-style video, turning tosocial media to deliver a direct-to-camera message in which hevowed to create jobs, renegotiatetrade agreements, end restric-tions on energy production andimpose bans on lobbying.

Mr. Trump offered what hecalled an update on his transition,which he said was going “verysmoothly, efficiently and effec-tively.” Reading from a script andlooking into a camera, he steeredclear of his most inflammatorycampaign promises to deport im-migrants and track Muslims andhis pledge to repeal the AffordableCare Act.

“Whether it’s producing steel,building cars or curing disease, Iwant the next generation of pro-duction and innovation to happenright here, in our great homeland:America — creating wealth andjobs for American workers,” Mr.Trump said in the video.

The brief YouTube video offeredone of the few opportunities forthe public to hear from Mr. Trumpdirectly since he was elected twoweeks ago. The president-electhas declined to hold a news con-ference since his victory, and in-stead has used early-morningTwitter bursts to communicate.

Mr. Trump gave a brief middle-of-the-night speech after HillaryClinton called him on Nov. 9. Andhe sat for an interview with TheWall Street Journal and an ap-pearance, surrounded by his fam-ily, on CBS News’s “60 Minutes”last week. Since then, he hasmostly been behind closed doorsas he assembles a cabinet andWhite House team.

In the video, Mr. Trump de-

TRUMP, ON VIDEO,SAYS TRANSITION

RUNS SMOOTHLY

AN APPEAL ON YOUTUBE

Softer Tone in AvoidingTopics Like Terrorism

and Immigration

By MICHAEL D. SHEARand JULIE HIRSCHFELD DAVIS

Continued on Page A19

Under Bryant Park, the New YorkPublic Library has opened a repositoryof research materials in a concrete-encased, climate-controlled vault. Witha little red railroad. PAGE A24

NEW YORK A24-28

A Railroad in the Library

Francis made permanent a decisionthat allows priests to grant absolutionfor an act that the Roman CatholicChurch considers “a grave sin.” PAGE A4

Pope Extends Abortion Policy

The problems of South Korea’s femalepresident have left many women infuri-ated and fearful that their patriarchalcountry will become even more skepti-cal of female leadership. PAGE A4

INTERNATIONAL A4-12

Gender and Political Scandal

A free app, Explorer, offers facts, videosand teaching tools for some 70 of themost compelling items at the AmericanMuseum of Natural History. PAGE C1

ARTS C1-8

Your Digital Museum DocentNASA’s James Webb Space Telescope— the long-awaited successor of theHubble Space Telescope — is on budgetand on track for a 2018 launch. PAGE D1

SCIENCE TIMES D1-6

Hubble’s Successor Has a Date

Two weeks after Donald J.Trump swept to victory, investorsfrom around the world are bettingthat his promises of tax cuts,fewer regulations and a spend-thrift federal government can re-charge the American economy.

This burst of exuberance sentthe major markets to record highson Monday, as investors contin-ued to pull out of governmentbond funds whose yields are mi-serly. The momentum has shownfew signs of slowing and has re-sulted in significant flows ofmoney being poured into UnitedStates stocks.

The rush of money has alsopushed up the value of the dollaragainst the currencies of devel-oped nations, such as the euro,and those of developing nationslike Brazil, Turkey and Mexico. Astrong dollar that is underpinnedby rising interest rates tends tospell trouble for emerging mar-kets, as investors move moneyfrom these countries, creatinghavoc and making it harder forgovernments and corporations topay off their dollar-denominateddebts.

For that reason, many econo-mists have warned that the down-side to a Trump-inspired revival ofthe United States economy is aspate of calamities in emergingmarkets, as investors headquickly for the exit.

The recent euphoria stands insharp contrast to Wall Street’sprediction, before the election, ofmarket mayhem if Mr. Trumpwere to win. The view had beenthat his unpredictable ways wouldspook the financial world, notleast his threat to rip up trade

Investors MakeA Bullish BetOn Expansion

Forecasting Era of TaxCuts and Spending

By LANDON THOMAS Jr.

Source: Reuters THE NEW YORK TIMES

2,100

2,125

2,150

2,175

2,200

2,225

Election Day

S.& P. 500-STOCK INDEX

Monday+2.7% sinceElection Day

Continued on Page B4

VOL. CLXVI . . . No. 57,424 © 2016 The New York Times Company NEW YORK, TUESDAY, NOVEMBER 22, 2016

Late Edition

$2.50

A panel of three federal judgessaid on Monday that the Wiscon-sin Legislature’s 2011 redrawing ofState Assembly districts to favorRepublicans was an unconstitu-tional partisan gerrymander, thefirst such ruling in three decadesof pitched legal battles over the is-sue.

Federal courts have struckdown gerrymanders on racialgrounds, but not on grounds thatthey unfairly give advantage to apolitical party — the more com-mon form of gerrymandering. Thecase could now go directly to theSupreme Court, where its fatemay rest with a single justice, An-thony M. Kennedy, who has ex-pressed a willingness to strikedown partisan gerrymanders buthas yet to accept a rationale for it.

Should the court affirm the rul-ing, it could upend the next roundof state redistricting, in 2021, for

congressional and state electionsnationwide, most of which is likelyto be conducted by Republican-controlled legislatures that haveswept into power in recent years.

“It is a huge deal,” said HeatherGerken, a Yale Law School profes-sor and an expert on election law.“For years, everyone has waitedfor the Supreme Court to do some-thing on this front. Now one of thelower courts has jump-started thedebate.

“If this were to be a nationwidestandard, 2021 would look quitedifferent,” she said, “especially forthe Democrats.”

Several election-law scholarssaid the ruling was especially sig-nificant because it offered, for thefirst time, a clear mathematicalformula for measuring partisan-ship in a district, something thathad been missing in previous as-

Districts Favor G.O.P. Unfairly,Court Finds in a Key State Case

By MICHAEL WINES

Continued on Page A21

William Trevor, the Irish-born authorwho died on Sunday at 88, was a masterof the short story who often wrote ofsad, everyday characters. PAGE A29

OBITUARIES A28-29

A Burnisher of the Ordinary