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Column: Elon Musk's voter lottery looks illegal. Too bad he'll probably get away with it

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Column: Elon Musk's voter lottery looks illegal. Too bad he'll probably get away with it

Elon Musk’s voter registration lottery scheme is too cute by half and probably illegal. It also illustrates why violations of election law often go unpunished.

Musk announced last weekend that he would award $1 million a day until the election to a randomly selected registered Pennsylvania voter who signs a petition professing support for the 1st and 2nd Amendments. He has already bestowed the first few checks and expanded the sweepstakes to signers from the other key electoral battlegrounds, Georgia, Nevada, Arizona, Michigan, Wisconsin and North Carolina.

Now why would the world’s richest man concoct such a strangely designed game of chance and dangle instant-millionaire status before registered voters? Is he that gratified by attestations of support for the first fifth of the Bill of Rights — though only in swing states and only until the election?

Musk’s game is plainly to harvest new voters for Donald Trump. Both Trump’s campaign and Kamala Harris’ are spending millions of dollars daily in their desperate efforts to persuade and motivate the voters who might tip the apparently deadlocked race. Musk thinks he has hit on a novel and clever way to use his own vast riches to entice voters more directly.

Maybe he has, but his creative method also appears to be illegal. The rub is that he may well get away with it.

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Federal law makes it a felony to pay anyone to register to vote, codifying the bedrock principle that people should exercise the franchise based on their free will rather than the purchasing power of a candidate or interest group. The law arose partly because of organized efforts to pay eligible voters to register.

Musk’s ham-handed scheme is designed to induce new registrations of voters who are likely to vote for Trump while appearing to comply with the law. Indeed, it seems likely to appeal to the sort of coveted potential swing-state voter who may not have registered or consistently cast a ballot in past elections. All they have to do to get a shot at a life-changing payout is register — which state and federal law rightly make very easy — and sign Musk’s phony-baloney petition.

The enticement doesn’t ensure that the signers will vote — or that they will vote for Trump — and they may already be registered. But that shouldn’t obscure what the lottery clearly does achieve.

First, it provides something of value to everyone who plays, even if all but one contestant walks away empty-handed. That’s why lottery tickets aren’t free: The chance to make a million has some small value and is often treated as more valuable than it really is.

Second, it induces new voter registrations — imperfectly, yes, but perhaps as or more efficiently than, say, a supermarket registration drive. So what if some of the signers were already registered or or end up failing to vote? Musk and Trump don’t care about those people or whether they go home with checks. What matters is that in the process, unregistered people will have registered. And while it’s conceivable that the contest will produce a few previously unregistered Harris voters, the people who register and sign the petition are more likely to vote for the former president.

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The Department of Justice has reportedly sent a letter to Musk’s super PAC, which administers the scheme, advising that it may be illegal. Most law-abiding campaigns would be alarmed by such a shot across the bow. Trump and Musk, however, are more likely to laugh it off.

They may have time and circumstances on their side. In practice, it’s often difficult to stop election law violations in the limited time remaining before the voting concludes, after which it’s effectively too late.

The barriers to law enforcement here are typical of election matters. To begin with, while every voter in the state (or every Harris voter) is arguably harmed by the scheme to manipulate the electorate, it would be difficult to find someone to bring a claim against Musk. The Supreme Court has found that a “generalized grievance” that applies equally to every voter can’t confer the necessary legal standing.

The Department of Justice could sue Musk’s PAC and seek an injunction directing it to cease any unlawful behavior. And it might. But the department’s letter was sent days ago without public comment, and its reported warning that the lottery may be illegal isn’t likely to petrify scofflaws such as Musk and Trump. And it’s well-known that the department is habitually hesitant to do anything that could be perceived as interfering with an election.

Even if the department did secure an injunction, there would be no way to undo the new registrations of likely Trump voters that Musk already has stitched up. The same would be true if the department leveled federal criminal charges against the PAC, the prospects of which are remote for that and other reasons.

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That turns out to be a common feature of election law. Remember the notorious butterfly ballot that inadvertently diverted more than 2,000 Floridians’ votes from Al Gore to Pat Buchanan in 2000, more than enough to change the result in George W. Bush’s favor? By the time it became clear that so many voters had been misled, there was nothing to be done.

With the coming election looking even tighter in the polls than the last two, the parties and the country have reason to obsess over tens or hundreds of votes in the swing states that will pick the next president. But elections are inevitably imperfect. Absent extraordinary vigilance and in many cases notwithstanding it, the election could turn on freakish events or even the fruits of a probably criminal scheme.

Harry Litman is the host of the “Talking Feds” podcast and the “Talking San Diego” speaker series. @harrylitman

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Fraud-plagued Minnesota sues Trump admin for withholding $243M in Medicaid payments

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Fraud-plagued Minnesota sues Trump admin for withholding 3M in Medicaid payments

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Minnesota filed a federal lawsuit Monday against the Trump administration, accusing federal health officials of illegally withholding $243 million in Medicaid payments from the state.

Attorney General Keith Ellison and the Minnesota Department of Human Services sued the Centers for Medicare and Medicaid Services (CMS) and the U.S. Department of Health and Human Services (HHS), arguing the funding freeze violates federal law.

The state is seeking a temporary restraining order to immediately block the action.

The dispute stems from a January notice in which the Trump administration said it would withhold more than $2 billion annually from Minnesota’s Medicaid program over what it described as “noncompliance” with federal regulations, specifically, alleged failures to “adequately identify, prevent, and address fraud in its Medicaid program.”

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Minnesota Attorney General Keith Ellison speaks during a Senate Homeland Security Committee hearing on Capitol Hill. (Tom Brenner/AP)

State officials say they have not been told specifically how Minnesota is out of compliance or what changes the administration wants to see.

The lawsuit follows a Feb. 25 announcement from CMS that it was deferring roughly $260 million in quarterly federal Medicaid funding to Minnesota, including about $243 million tied to “unsupported or potentially fraudulent” claims. 

CMS said the deferral is part of a broader fraud crackdown and cited unusually high spending and rapid growth in personal care services, home- and community-based services, and other practitioner services.

HEAVILY-REDACTED AUDIT FINDS MINNESOTA MEDICAID HAD WIDESPREAD VULNERABILITIES

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Vice President JD Vance looks on as Medicare and Medicaid Administrator Mehmet Oz speaks about combating fraud at the White House complex in Washington, D.C., on Feb. 25, 2026. (Oliver Contreras/AFP via Getty Images)

“For decades, Medicare fraud has drained billions from American taxpayers — that ends now,” HHS Secretary Robert F. Kennedy Jr. said in a statement. “We are replacing the old ‘pay and chase’ model with a real-time ‘detect and deploy’ strategy, using advanced AI tools to identify fraud instantly and stop improper payments before they go out the door.”

Minnesota officials contend the move improperly uses a funding “deferral” mechanism and amounts to denying the state due process before any formal finding of noncompliance.

WALZ SLAMS TRUMP ADMIN FOR TEMPORARILY HALTING MEDICAID FUNDING TO MINNESOTA: ‘CAMPAIGN OF RETRIBUTION’

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The threatened cuts represent about 7% of Minnesota’s quarterly Medicaid funding and could force reductions in health care services for low-income residents, according to Ellison’s office.

“Trump’s M.O. is to cut first, no matter what the law says or who gets hurt, and ask questions later, if at all,” the attorney general said. “These cuts are the latest in a long series of efforts to go around the law to punish Minnesotans — but just as we fought back and won when they illegally tried to cut funding for childcare, hungry families, and our schools, we are suing them again today to make them follow the law.”

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USDA immediately suspends all federal funding to Minnesota amid fraud investigation
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Fearing GOP win, California’s Democratic leader urges unviable party candidates for governor to drop out

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Fearing GOP win, California’s Democratic leader urges unviable party candidates for governor to drop out

Fearing the prospect of a Republican winning California’s gubernatorial race, state Democratic Party Chair Rusty Hicks on Tuesday urged his party’s candidates who lack a viable path to victory to drop out.

“It is imperative that every candidate honestly assess the viability of their candidacy and campaign,” Hicks wrote in an open letter to the politicians vying to replace termed-out Gov. Gavin Newsom. “I recognize my suggestions are hard for many to contemplate and may be even viewed as overly harsh by some.”

Hicks did not name the Democrats he wants out of the race, but such a public admonishment by a party leader is a rarity in California politics.

Even though the odds are relatively low, California cannot risk having a Republican elected as the next governor at a time when President Trump is in the White House, Hicks said.

“[S]o much is at stake in our Nation and so many are counting on the leadership of California Democrats to stand up and speak out at this historic moment,” Hicks wrote. “California’s leadership on the world stage is significantly harder if a Democrat is not elected as our next Governor.”

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Hicks urged Democrats languishing at the bottom of the field of candidates to drop out before the Friday deadline to officially file to run for governor — to ensure their names do not appear on the June primary ballot.

Under California’s top-two primary system, the two candidates who receive the most votes in the June primary advance to the November general election, regardless of party.

With nine top Democrats running, the fear is that the candidates will splinter their party’s vote and allow the top two Republicans in the race to finish in first and second place. This is despite Democratic registered voters outnumbering Republicans in the state by almost 2 to 1, and no GOP candidate winning a statewide election since 2006.

Having two Republicans competing in the November election would be devastating to Democratic voter turnout and could hurt party candidates in pivotal down-ballot races.

“The result would present a real risk to winning the congressional seats required and imperil Democrats’ chances to retake the House, cut Donald Trump’s term in half, and spare our Nation from the pain many have endured since January 2025,” Hicks said in his letter. “We simply can’t let that happen.”

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A recent poll by the Public Policy Institute of California found that five candidates lead the contest — former Rep. Katie Porter, Rep. Eric Swalwell and hedge fund founder Tom Steyer among Democrats and conservative commentator Steve Hilton and Riverside County Sheriff Chad Bianco, both Republicans. Hilton and Bianco have led all candidates in other polls over the last few months. No other candidate received the support of more than 5% of likely voters.

After Hicks issued his directive, two influential leaders in California Democratic politics said they shared his concerns.

Lorena Gonzalez, the head of the California Federation of Labor Unions, said she worries that Democratic candidates who are drawing low single-digit support in the polls and remain in the race could tilt the election.

“You’re in a situation where a candidate who pulls 2 or 3% could make all the difference whether there’s two Republicans and anti-union folks in the runoff or if there’s not,” she said.

Gonzalez said that while she believes the legislature, where Democrats hold super majorities in both chambers, would be a check if a Republican was elected the state’s leader, that might not be enough protect Californians from Trump’s destructive policies.

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“We are seeing with Trump how much damage an executive who wants to ignore normal rules of engagement or the Constitution can do,” she said. “We can’t afford that.”

The federation began its endorsement process last week, and there were difficult conversations with gubernatorial candidates not only about their political beliefs, but also about their viability. The umbrella group of unions is expected to make an announcement about any potential endorsement on March 16.

Jodi Hicks, CEO and president of Planned Parenthood Affiliates of California, said it was imperative to block the “real possibility” of two Republicans advancing to the general election because of the deep cuts that the Trump administration has made to health care, including access to abortion.

“Given the severity of this moment, we urge candidates to consider how continuing their candidacy may put California’s values and reproductive freedom at risk,” Jodi Hicks said. “The stakes are too high for all of us, but especially for immigrant communities, transgender individuals, the over 15 million patients enrolled in Medi-Cal, and the over 25,000 patients a week who access essential health care at Planned Parenthood health centers.”

Discussions about the need for some Democrats to exit the race took place at last weekend’s California Democratic Party convention.

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But a politically thorny issue is that nearly all of the Democrats lagging in the polls are people of color, as former U.S. Health and Human Services Secretary Xavier Becerra noted at a candidate forum Monday evening.

“There are people who are calling for candidates to get out of the race,” he said at the gathering hosted by Equality California and the Los Angeles LGBT Center at the Renberg Theatre in Hollywood. “Isn’t it interesting that the candidates they are asking get out of the race are the candidates of color?”

Rusty Hicks, asked about the effect on minority candidates who have spent years or decades of their lives in public service, did not directly answer the question but lauded the field’s accomplishments.

“We have a number of strong candidates. They have incredible stories, and they are reflective of the diversity of our party. That being said, there are some political realities of where we are at at this particular moment,” he said in an interview. “I’m not calling on any specific candidates to move in one direction or the other. I’m just calling on them to assess their campaign and determine if they have a viable [path] and if they don’t, to not file.”

During Monday evening’s gubernatorial forum, Porter said she is concerned about the prospect of two Republicans making the top two.

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“I hear people say to me, it could never happen, but everybody said that about Trump too,” she said at the forum. “And I look at how much harm we’re suffering, and I think about all the political risks that people are facing every day, the risk of an immigrant to leave their home and walk on our streets, the risk of a kid who’s trans to try to play sports even in this state. And I just don’t think we can take any more political risks.”

Times staff writer Phil Willon contributed to this report.

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How President Trump’s Image Permeates the White House and Beyond

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How President Trump’s Image Permeates the White House and Beyond

Since moving back in, President Trump has significantly altered the “People’s House.” East Wing: gone. Oval Office: maximalized. Rose Garden: Mar-a-lago-ified. And the art? Lots of Trump.

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Over the last year, The New York Times has captured at least nine paintings, posters, memes, and even a mugshot outside the Oval Office, that Mr. Trump added throughout the historic space.

Many of the selections are gifts from his supporters that highlight his political stature and reinforce the idea that Mr. Trump is invincible.

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All presidents or first ladies add to and shuffle the art in the White House.

Barack Obama brought in abstract paintings.

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Family Dining Room, 2015. Gabriella Demczuk for The New York Times

George W. Bush decorated with images from his Texas roots.

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Oval Office, 2007. Doug Mills/The New York Times

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In Mr. Trump’s first term, Melania Trump added a sculpture by Isamu Noguchi to the Rose Garden.

Rose Garden, 2020. Pool photo by Chris Kleponis

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But never before has a sitting president displayed so much of his own image on the White House walls.

There is an “assertion of symbolic power that he wants to be on view essentially everywhere in that space,” said Cara Finnegan, a communication professor at the University of Illinois and author of “Photographic Presidents: Making History from Daguerreotype to Digital.”

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Even outside his current residence, Mr. Trump’s visage has proliferated in unexpected places — on banners hanging from government buildings, on National Parks passes and on social media, where he has been likened to a king. There has also been talk of a U.S. Treasury-minted coin with Mr. Trump on both sides.

Break with tradition

In recent decades, each president’s official White House portrait has been unveiled in a ceremony hosted by his successor.

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The Carters hosted the Fords:

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East Room, 1978. Associated Press

The Clintons hosted the Bushes:

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East Room, 1995. Stephen Crowley/The New York Times

And the Bushes hosted the Clintons:

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East Room, 2004. Tim Sloan/Agence France-Presse — Getty Images

The mood has often been lighthearted, with political party tensions melting away.

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“I am pleased that my portrait brings an interesting symmetry to the White House collection,” George W. Bush joked in a ceremony hosted by the Obamas. “It now starts and ends with a George W.”

In a break with tradition, Mr. Trump did not schedule a ceremony for the unveiling of the Obamas’ portraits during his first term. Joe Biden later did, in a ceremony with a “Welcome Home!” vibe.

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Typically, the latest available presidential portrait — often a realistic oil painting — hangs in the main entrance hall, where heads of state are welcomed.

The Obama portrait was in the spot until April …

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Cross Hall in the Executive Residence, 2024. Tom Brenner for The New York Times

… when Mr. Trump replaced it with this painting by Marc Lipp, a Florida pop artist, last April.

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Cross Hall in the Executive Residence, 2025. Doug Mills/The New York Times

It depicts a striking moment in 2024 when a bloodied Mr. Trump pumped his fist in defiance, soon after being shot at by a would-be assassin during a campaign event.

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Presidential historians have criticized the departure from convention.

Though Mr. Trump had a portrait commissioned for the Smithsonian’s American Presidents collection after his first term, none was confirmed for the permanent White House collection, and the White House said that this is where that portrait would have hung.

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It is not totally unprecedented for a president to hang a painting of himself in the White House during his term. Theodore Roosevelt, William Howard Taft and Grover Cleveland all did, according to the White House Historical Association. But more often than not, paintings of presidents and first ladies are hung after they have left office, historians said.

Flags, fists and faith from fans

In what has become something of a muse for many of the president’s artistic supporters, there are at least three other depictions of the fist-pumping scene in the White House.

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The image “is in people’s garages when I walk around my neighborhood,” said Leslie Hahner, a Texas resident and communication professor at Baylor University, who studies visual political culture. “People love that image.”

Behind the Oval Office, one is in a small room that houses Trump merchandise:

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Oval Office study, 2025. Doug Mills/The New York Times

Another was seen in the West Wing next to a “Still Life with Fruit” painting from 1850:

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West Wing, 2025. Doug Mills/The New York Times

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A statue form was spotted in the Oval Office:

Oval Office, 2025. Haiyun Jiang for The New York Times

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The sculptor, Stan Watts, told a Utah TV station last year that he believes the president was saved by God that day. Many of Mr. Trump’s Christian supporters have echoed that sentiment.

At least two works by a self-described “Christian worship artist,” Vanessa Horabuena, are among Mr. Trump’s White House collection. He has called Ms. Horabuena, who often paints live in front of an audience, “one of the greatest artists anywhere in the world.”

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In 2022, she painted a portrait of Mr. Trump at a booth at the Conservative Political Action Conference. When he saw it, he asked to meet her, Ms. Horabuena’s representative said. She most recently painted Mr. Trump live at a New Year’s Eve party at Mar-A-Lago.

One of her portraits was spotted in the Cabinet room in January.

It shows Mr. Trump, his eyes closed, in front of a mountain with a small cross on the top:

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Cabinet Room, 2026. Doug Mills/The New York Times

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Ms. Horabuena hand-delivered it to the White House, according to her website.

Her other painting shows the president walking through a phalanx of flags. It was seen hanging prominently in a hallway leading to the Cabinet Room and the Oval Office:

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West Wing, 2025. Doug Mills/The New York Times

“He’s positioned as this embattled warrior in a lot of these images,” Dr. Hahner said.

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Historical figures Mr. Trump adulates are co-stars in some of the art he has chosen.

In an image created by the team of White House trade adviser Peter Navarro, Mr. Trump is pictured with William McKinley and Henry Clay, who, like the president, championed the use of tariffs:

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West Wing, 2025. Doug Mills/The New York Times

Here, Mr. Trump is with two other Republican presidents, Abraham Lincoln (to whom he has compared himself) and Ronald Reagan (whom he is a fan of):

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West Wing, 2025. Doug Mills/The New York Times

Titled “Great American Patriots,” the piece was painted by Dick Bobnick, an illustrator and Trump supporter from Minnesota. He said he mailed several prints to 1600 Pennsylvania Avenue, but he had no idea his work was on the White House walls until a USA Today reporter called him about it.

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“I could hardly believe it,” said Mr. Bobnick. (He said the print is now his best-seller.)

If not in portraits, Mr. Trump’s image is reflected on mirrors that he has added to the White House complex.

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Two are in the Oval Office …

Oval Office, 2025. Doug Mills/The New York Times

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… making his image visible from the Resolute Desk.

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Oval Office, 2025. Doug Mills/The New York Times

The mirrors, the portraits and the gilding mimic the look of his properties, like Mar-a-Lago, his Florida estate.

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Mar-a-Lago, 2016. Eric Thayer for The New York Times

“Trump is obsessed with his image,” Dr. Hahner said. “And he is so controlling of his image.”

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Trump everywhere, all the time

One portrait seen in the White House has become a communication tool between Mr. Trump and his supporters in the real world.

This is his social media profile picture.

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Trump’s Truth Social account, 2025.

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It was seen last October hanging between former first ladies Laura Bush and Barbara Bush in the now-demolished East Wing:

Booksellers Hall in the now-demolished East Wing, 2025. Cheriss May for The New York Times

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The portrait was painted by Lena Ruseva, an immigrant from the former Soviet Union, who goes by the name MAGALANGELO. Mr. Trump invited her to his Bedminster golf club in 2022, and she gave it to him as a birthday gift.

“Every time social media or the news quotes the president and I see my artwork alongside it, I feel proud and grateful,” she said.

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For a time, the same portrait hung next to Hillary Clinton, his political rival and a former first lady.

Booksellers Hall in the now-demolished East Wing, 2025. Alex Brandon/Associated Press

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Supporters at that time lauded the placement on social media:

This example of a positive feedback loop demonstrates how Mr. Trump has used social media to redefine the presidency and presidential communication. Ms. Ruseva’s portrait was used on social media, hung up in the real world, then photographed and put back on social media by supporters who praised the president.

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When Mr. Trump was elected to his first term in 2016, Dr. Hahner said that scholars referred to him as the first “meme president.”

Mr. Trump and his internet fans are used to a meme culture based on irony, and rehashing, repurposing and remixing existing images. The collection of White House artwork — much of it originating from his supporters — sits in an uncanny valley between realism and meme-ism, Dr. Hahner said.

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Like memes that multiply, Mr. Trump’s image has been reproduced in other ways, outside the White House.

Last month, a huge banner with Mr. Trump’s face was draped outside the Justice Department headquarters …

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Justice Department headquarters, 2026. Eric Lee for The New York Times

Last year, similar signage was strung over the Labor Department building …

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Labor Department building, 2025. Eric Lee for The New York Times

… and the Agriculture Department building (this one, alongside Lincoln).

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Agriculture Department building, 2025. Eric Lee for The New York Times

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At his request, Mr. Trump’s portrait was recently updated at the Smithsonian’s National Portrait Gallery:

National Portrait Gallery, 2026. Alyssa Schukar for The New York Times

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Still, Mr. Trump wants more. The White House has suggested that the National Portrait Gallery add a separate section for Trump-related art.

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