More stories

  • in

    Christie Says in a New Ad That He Was Wrong to Support Trump in 2016

    Former Gov. Chris Christie of New Jersey said in a new ad released Thursday that he had been wrong to endorse Donald J. Trump in 2016.“I have an admission to make,” Mr. Christie said directly to the camera in the 60-second ad, part of a series his campaign is running in New Hampshire, where he has staked his campaign on a strong showing. “Eight years ago, when I decided to endorse Donald Trump for president, I did it because he was winning, and I did it because I thought I could make him a better candidate and a better president. Well, I was wrong. I made a mistake.”Mr. Christie endorsed Mr. Trump in 2016 after ending his own presidential campaign, and he went on to be a powerful surrogate. His campaign argues that, while several Republicans who previously supported Mr. Trump are now running against him for the party’s nomination, Mr. Christie is the only one willing to say he erred by supporting Mr. Trump in the first place. He suggested in the ad that this was evidence of his “character.”“Now, we’re confronted with the very same choice again,” he said in the ad, which was first reported by Axios. “Donald Trump is ahead in the polls, so everyone says, ‘Anyone who’s behind him should drop out, and we should make our choice Donald Trump versus Joe Biden.’ Well, Joe Biden has had the wrong policies, and Donald Trump would sell the soul of this country. Neither choice is acceptable to me, and it shouldn’t be acceptable to you.”Over the past few weeks, an increasing number of Republicans — most prominently Gov. Chris Sununu of New Hampshire — have called on Mr. Christie to end his campaign. Their argument is not for a rematch between Mr. Trump and Mr. Biden, but rather for narrowing the field of Mr. Trump’s primary opponents to a single candidate who can defeat him and prevent such a rematch.Mr. Sununu and many Republican donors and strategists think that candidate should be Nikki Haley, the former South Carolina governor.Mr. Christie is polling better in New Hampshire than in other early-voting states — he is averaging about 11 percent there, good enough for third place ahead of Gov. Ron DeSantis of Florida — but he is still far behind Ms. Haley, who is herself far behind Mr. Trump. Mr. Christie says Ms. Haley is not sufficiently distinguishing herself from the former president.Mr. Sununu’s endorsement of Ms. Haley last month was a blow to the Christie campaign. He followed it a couple of weeks later by declaring Mr. Christie’s bid to be “at an absolute dead end” and suggesting that his continued presence in the race would only help Mr. Trump. More

  • in

    Experts See a Message in Chinese Balloons Flying Over Taiwan

    Some analysts see the objects as a calculatedly ambiguous reminder to voters that Beijing is watching.A surge in sightings of balloons from China flying over Taiwan has drawn the attention of the island’s military and struck some experts as a calculatedly ambiguous warning to voters weeks before its presidential election.Taiwan’s Ministry of National Defense has reported occasional sightings of balloons floating from China since last month, and a surge in recent days, according to the ministry’s daily tally of Chinese military activities near the island. Official Taiwanese accounts about balloons were previously very sporadic.The recent balloons have mostly stayed off Taiwan’s coast. On Monday, however, one flew across the island, according to the ministry’s descriptions of their paths. Of four spotted on Tuesday, three flew over Taiwan, and two passed through to the island’s east side, facing the Pacific Ocean. Another flew over the island on Wednesday.The Taiwanese reports also noted some of the balloons’ proximity to the island’s military bases. Of the four reported on Tuesday, three were first detected 120 to 184 miles from the Ching Chuan Kang Air Base in the city of Taichung. Taiwan’s defense ministry declined to specify how close to the base they may have flown.The balloons do not appear to pose an immediate military menace to Taiwan, a self-governed democracy of 23 million people that Beijing says is its territory. Taiwan’s defense ministry last month indicated that the balloons seemed to be for collecting data about the atmosphere, but it has declined to give details about the ones detected this week.“The Ministry of National Defense is closely monitoring and tracking them, responding appropriately, and is also assessing and analyzing their drift patterns,” Maj. Gen. Sun Li-fang, a spokesman for the ministry, said on Thursday in response to questions about the balloons.Taiwan has, so far at least, experienced none of the alarm that gripped many Americans last year when a hulking Chinese high-altitude surveillance balloon floated across the United States. China denied that the balloon was for spying, but Washington did not buy that line, and the dispute soured relations for many months.A surveillance balloon was shot down off the coast of South Carolina in 2023. China denied that the balloon was for spying, but Washington did not buy that line.Randall Hill/ReutersTaiwanese people are used to Chinese military flights near the island, and news of the balloons has generally been met with calm, if not indifference.The balloon flights may, nonetheless, be part of the “gray zone” tactics that China uses to warn Taiwan of its military strength and options, without tipping into baldfaced confrontation. The timing of the balloon flights, close to Taiwan’s election, was telling, said Ko Yong-Sen, a research fellow at the Institute for National Defense and Security Research, a think tank in Taipei funded by Taiwan’s defense ministry. Mr. Ko has analyzed the pattern of recent sightings.“It’s more an intimidating effect in what happens to be a quite sensitive time, with we in Taiwan holding our election on Jan. 13,” Mr. Ko said in an interview. China, he said, “may want to tone it down. People say that it has recklessly used major weapons like planes and ships for harassment, so it’s shifted to balloons that can be used for a certain kind of lower-intensity intimidation and harassment.”In the election, Taiwanese voters will choose a president and legislature, and Beijing has made no secret of wanting the governing Democratic Progressive Party to lose power. The party opposes Beijing’s claims to Taiwan, and has asserted Taiwan’s distinctive identity and claims to nationhood. Decades ago, the party endorsed independence for Taiwan but now says it accepts the more ambiguous status quo of democratic self-determination.Lai Ching-te, the Democratic Progressive Party’s presidential candidate, has been leading in most polls up to Wednesday. But Hou Yu-ih, the candidate for the Nationalist Party, which favors closer ties with China, has trailed Mr. Lai by only a few percentage points in some recent surveys, and the Nationalists may emerge as the biggest party in the legislature, ending the Democratic Progressive Party’s majority.When asked late last month about the initial reports of balloons near Taiwan, a spokesman for the Chinese Ministry of Defense, Wu Qian, did not confirm or deny any flights, but suggested that, as Taiwan was a part of China, any dispute over balloons crossing the median line between the two sides was moot. He also accused the Democratic Progressive Party of whipping up the issue “to swindle votes.”In 1996, China’s attempt to use missile tests and menacing military drills to shape Taiwan’s presidential election failed, and this time, Beijing has not rolled out any major military exercises in the weeks before the vote. The balloons may augur a more fiery response from China’s leaders if they dislike the election result, said Ben Lewis, a military analyst based in Washington who maintains a daily data record of Chinese military activities around Taiwan.“I think the number of overflights, and, even more, their timing, is still an escalation in the P.R.C.’s activities,” Mr. Lewis said by email, referring to the People’s Republic of China. “If nothing else, I’m taking this as a warning that the P.R.C.’s response to the election will likely be impossible to predict.”The latest sightings were almost certainly not the first time that balloons from China floated over Taiwan, Mr. Lewis said. The Taiwanese defense ministry began regularly reporting Chinese military flights near the island in 2020, and their numbers have grown year by year and now include drones. After a Chinese weather balloon was found last year on a small island controlled by Taiwan, Taiwan’s defense ministry said that most of the balloons swept in around the Taiwan Strait from December to February when, it noted, the “prevailing wind direction” helped them along.Mr. Ko, the Taiwanese defense expert, said that he worried more about what the Chinese military could do with more concerted use of high-altitude balloons over the island, like the one spotted over the United States last year, which could augment data collection using satellites and radar.“The intelligence gathering from Taiwan would be even more serious,” he said. “This is something we’ve been concerned about, and it would be more troublesome.” More

  • in

    Haley Jokes That New Hampshire Primary Will ‘Correct’ the Result of the Iowa Caucuses

    Campaigning in New Hampshire on Wednesday, former Gov. Nikki Haley of South Carolina said that voters there would “correct” the result of the Iowa caucuses — the night before she was scheduled to appear for events in Iowa.“You know Iowa starts it. You know that you correct it,” Ms. Haley said, prompting laughter from the crowd of New Hampshire voters. “And then my sweet state of South Carolina brings it home.”Local campaign surrogates for Gov. Ron DeSantis of Florida, who is vying with Ms. Haley for second place in Iowa polls for the Republican presidential nomination, seized upon the remark as dismissive of the state’s first-in-the-nation balloting, scheduled for Jan. 15.Gov. Kim Reynolds, who has endorsed Mr. DeSantis, said, “I trust Iowans to make their own decisions. No ‘corrections’ needed.” Bob Vander Plaats, the Iowa evangelical leader who has also thrown his support behind Mr. DeSantis, called Ms. Haley’s quip an “admission of getting beat in the Hawkeye State.”Mr. DeSantis and Ms. Haley are scheduled to participate in back-to-back town halls Thursday night in Iowa. The events, to be broadcast live on CNN, will be among the few remaining opportunities for the two candidates to draw away support from former President Donald J. Trump.Ms. Haley’s teasing remark also reflects her dim chances of a victory in Iowa, where Mr. Trump is the overwhelming favorite; he is polling around or slightly below 50 percent support. Ms. Haley and Mr. DeSantis are polling below 20 percent in Iowa in a virtual tie for second place.In contrast, Ms. Haley has decisively risen from the pack of Mr. Trump’s rivals in New Hampshire. Recent polls there have shown her in second place far above other candidates, except for Mr. Trump.Ms. Haley’s quip also reflects the perils of campaigning across state lines in quick succession: Remarks playing to the local crowd in one state can become a liability in the next. More

  • in

    DeSantis and Haley Will Appear in Dueling Town Halls Tonight

    It’s another busy day on the presidential campaign trail in Iowa.Eleven days out from the caucuses, two of Donald J. Trump’s rivals, former Gov. Nikki Haley of South Carolina and Gov. Ron DeSantis of Florida, will participate Thursday night in back-to-back town halls to be broadcast live on CNN.For Mr. DeSantis and Ms. Haley, who have been battling for second place, the town halls will provide prime-time opportunities for them to win over Iowans ahead of the Jan. 15 caucuses. Mr. DeSantis will go first at 9 p.m. Eastern time, followed by Ms. Haley an hour later.Vivek Ramaswamy, the wealthy entrepreneur, is keeping up his fevered sprint across Iowa, aiming to beat the odds on Caucus Day despite his fourth-place position in state polls.The man they are all trying to take down, Mr. Trump, won’t start appearing at Iowa events until Friday, but his surrogates are stumping on his behalf. Representative Marjorie Taylor Greene, the far-right firebrand from Georgia, and Eric Trump, a son of the former president, will hold simultaneous campaign events in different parts of Iowa Thursday night.Mr. Trump, the overwhelming favorite of Republicans in Iowa, is regularly shown in state polls to be around or slightly below 50 percent support, with Mr. DeSantis and Ms. Haley polling below 20 percent in a virtual tie.But Ms. Haley and Mr. DeSantis have so far spent far more money attacking each other than they have Mr. Trump, and they have both been very cautious whenever they do venture toward criticizing the former president.Ms. Haley has focused on policy differences between her and Mr. Trump, on attack ads Mr. Trump has put out against her, and on the “chaos” that she says has followed him throughout the years. Although Mr. DeSantis has gone after Mr. Trump for making campaign promises in 2016 that he failed to keep while in office, Mr. DeSantis so far appears more comfortable attacking Ms. Haley. He has called her a liberal, a flip-flopper and the favored candidate of Wall Street, while Ms. Haley has mostly ignored him when speaking on the campaign trail.Mr. DeSantis’s refusal to more directly criticize Mr. Trump is a version of a problem every other candidate in the race faces: Seemingly every approach to talking about Mr. Trump, whether it’s aggressively attacking him or coming to his defense, has failed to draw away significant support.Former Gov. Chris Christie of New Jersey, who is not campaigning in Iowa and is instead staking his candidacy on the later New Hampshire primary, has most aggressively gone after Mr. Trump throughout the race. However, Republicans have so far had little appetite for that message.Nicholas Nehamas More

  • in

    In Tense Election Year, Public Officials Face Climate of Intimidation

    Colorado and Maine, which blocked former President Donald J. Trump from the ballot, have grappled with the harassment of officials.The caller had tipped off the authorities in Maine on Friday night: He told them that he had broken into the home of Shenna Bellows, the state’s top election official, a Democrat who one night earlier had disqualified former President Donald J. Trump from the primary ballot because of his actions during the Jan. 6 Capitol riot.No one was home when officers arrived, according to Maine State Police, who labeled the false report as a “swatting” attempt, one intended to draw a heavily armed law enforcement response.In the days since, more bogus calls and threats have rolled in across the country. On Wednesday, state capitol buildings in Connecticut, Georgia, Hawaii, Kentucky, Michigan, Minnesota, Mississippi and Montana were evacuated or placed on lockdown after the authorities said they had received bomb threats that they described as false and nonspecific. The F.B.I. said it had no information to suggest any threats were credible.The incidents intensified a climate of intimidation and the harassment of public officials, including those responsible for overseeing ballot access and voting. Since 2020, election officials have confronted rising threats and difficult working conditions, aggravated by rampant conspiracy theories about fraud. The episodes suggested 2024 would be another heated election year.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

  • in

    Want to Understand 2024? Look at 1948.

    Americans were angry with Truman because of high prices in the aftermath of World War II, even as other economic signals looked promising.President Truman and his wife, Bess, during his 1948 whistle-stop campaign.Associated PressIn the era of modern consumer confidence data, there has never been an economy quite like this recent one — with prices rising so high and unemployment staying so low.But just a few years before the consumer sentiment survey index became widely available in 1952, there was a period of economic unrest that bears a striking resemblance to today: the aftermath of World War II, when Americans were near great prosperity yet found themselves frustrated by the economy and their president.If there’s a time that might make sense of today’s political moment, postwar America might just be it. Many analysts today have been perplexed by public dissatisfaction with the economy, as unemployment and gross domestic product have remained strong and as inflation has slowed significantly after a steep rise. To some, public opinion and economic reality are so discordant that it requires a noneconomic explanation, sometimes called “vibes,” like the effect of social media or a pandemic hangover on the national mood.But in the era of modern economic data, Harry Truman was the only president besides Joe Biden to oversee an economy with inflation over 7 percent while unemployment stayed under 4 percent and G.D.P. growth kept climbing. Voters weren’t overjoyed then, either. Instead, they saw Mr. Truman as incompetent, feared another depression and doubted their economic future, even though they were at the dawn of postwar economic prosperity.The source of postwar inflation was fundamentally similar to post-pandemic inflation. The end of wartime rationing unleashed years of pent-up consumer demand in an economy that hadn’t fully transitioned back to producing butter instead of guns. A year after the war, wartime price controls ended and inflation skyrocketed. A great housing crisis gripped the nation’s cities as millions of troops returned from overseas after 15 years of limited housing construction. Labor unrest roiled the nation and exacerbated production shortages. The most severe inflation of the last 100 years wasn’t in the 1970s, but in 1947, reaching around 20 percent.According to the historian James T. Patterson, “no domestic issue of these years did Truman more damage than the highly contentious question of what to do about wartime restraints on prices.”Mr. Truman’s popularity collapsed. By spring in 1948, an election year, his approval rating had fallen to 36 percent, down from over 90 percent at the end of World War II. He fell behind the Republican Thomas Dewey in the early head-to-head polling. He was seen as in over his head. The New Republic ran a front-page editorial titled: “As a candidate for president, Harry Truman should quit.”Hubert Humphrey, mayor of Minneapolis and later a vice president and Democratic presidential nominee, spoke before a Senate committee on anti-inflation controls in 1948.Associated PressIn retrospect, it’s hard to believe voters were so frustrated. Historians generally now consider Mr. Truman one of the great presidents, and the postwar period was the beginning of the greatest economic boom in American history. By any conceivable measure, Americans were unimaginably better off than during the Great Depression a decade earlier. Unemployment remained low by any standard, and consumers kept spending. The sales of seemingly every item — appliances, cars and so on — were an order of magnitude higher than before the war.Yet Americans were plainly dissatisfied. Incomes in 1948 were twice what they were in 1941, but statistically their dissatisfaction is probably best explained by the decline in real incomes in 1947, just as real incomes declined in 2021-22. The polling in the run-up to the 1948 election — archived at the Roper Center — bears the hallmarks of voter dissatisfaction:Despite the extraordinarily positive developments of the last decade, voters were pessimistic about the future. They believed a depression was likely in the next few years. As late as summer 1948, they were likelier to think things in America would get worse in the years ahead than to get better. They expected prices to keep rising.In November 1947, Gallup found that more than two-thirds of Americans said they were finding it harder to make ends meet than the year before, while almost no one said it was easier.In polling throughout 1947 and 1948, a majority supported reinstating wartime rationing and price controls.In December 1947, more than 70 percent of adults said they would want their own wages to decline in order to bring prices down.Prices seemed to weigh heavily on Americans heading into the election. Voters said that if they got a chance to talk with Mr. Truman about anything, it would be the cost of living and getting the economy back to normal. Ahead of the conventions, voters said a plan to address high prices was the No. 1 priority they wanted in a party platform. More voters said they wanted prices to be addressed over the next four years than any other issue.A rally for equal rights outside the 1948 Democratic convention in Philadelphia.Bettman/Getty ImagesThe Dixiecrats, a breakaway segregationist party, held a convention of their own in Birmingham, Ala.Bettmann/Getty ImagesThe importance of the economic issue faced stiff competition from the rising Cold War, the enactment of the Marshall Plan, the Berlin airlift, the formation of Israel and the subsequent First Arab-Israeli War, Mr. Truman’s decision to desegregate the military and the rise of the Dixiecrats.The Cold War, civil rights, Israel and other domestic issues combined to put extraordinary political pressure on an increasingly fractured Democratic coalition. On the left, the former vice president Henry Wallace ran against Mr. Truman as a Progressive; he also ran as someone who was unequivocally pro-Israel, threatening to deny Mr. Truman the support of Jewish voters who had voted all but unanimously for Franklin D. Roosevelt. On the right, the segregationist South defected from the Democrats at the convention over the party’s civil rights plank, again threatening to deny him the support of an overwhelmingly Democratic voting bloc.Truman and the Republican nominee, Thomas Dewey, in August 1948. Dewey led in the polls.Nat Fein/The New York TimesHe won, actually.Frank Cancellare/United Press InternationalIn the end, Mr. Truman won in perhaps the most celebrated comeback in American electoral history, including the iconic “Dewey Beats Truman” headline and photograph. He had barnstormed the country with an economically populist campaign that argued Democrats were on the side of working people while reminding voters of the Great Depression. You might well remember from your U.S. history classes that he blamed the famous “Do Nothing Congress” for not enacting his agenda.What you might not have learned in history class is that Mr. Truman attacked the “Do Nothing Congress“ first and foremost for failing to do anything about prices. The text of his speech at the Democratic convention does not quite do justice to his impassioned attack on Republicans for failing to extend price controls in 1946, and for their platform on prices. Finally, he called for a special session of Congress to act on prices and housing shortages (the links correspond to the YouTube video of those parts of his convention speech, for those interested). In short, congressional failure to act on prices was central to his critique of Republicans.In this respect, Mr. Truman was probably in a stronger position than Mr. Biden. Mr. Truman could blame Republicans for inflation; he could argue he had a solution for inflation; and he could link his position on inflation to his broader message about the Democrats as a party for working people. Polling at the time suggested that voters supported price controls, supported his special session, and did not necessarily blame Mr. Truman for inflation. In fact, more voters blamed Congress, business and labor than the president himself.Where Mr. Biden can still hope to match Mr. Truman is in economic reality, as inflation today is falling just as it was in the run-up to the 1948 election.In January 1948, inflation was 10 percent; by the end of October, it had fallen by half, and would reach one percent by January 1949. At election time, only 18 percent of voters expected prices would be higher in six months; just a few months earlier in June, a majority did so. It seems reasonable to wonder whether Mr. Truman might have lost the election had it been held a few months earlier.Despite those excellent conditions for a comeback, Mr. Truman’s electoral weakness was still stark. He had a powerful message and an improving economy, but he won by just 4.5 percentage points. The third-party candidates Mr. Wallace and Strom Thurmond succeeded in denying Mr. Truman key elements of the Democratic base that the party might have imagined it could take for granted just a few years earlier. He lost much of the Deep South without the support of the Dixiecrats and even lost New York, thanks to considerable defections on the left and among Jewish voters. No Democratic presidential would ever again reassemble the so-called New Deal coalition.But if 1948 is a mixed precedent for Mr. Biden, it’s a good precedent for today’s sour economic mood. It might betray a simple fact about public opinion: Voters hate inflation so much that they won’t ever like the economy if prices go up. There is no precedent in the era of consumer sentiment data for voters to have an above-average view of the economy once inflation cracks 5 percent — the recent high was 9 percent in June 2022 — even when unemployment is extremely low. It may just be that simple; indeed, consumer sentiment has begun to tick up over the last year, as inflation has declined to 3 percent.Alternately, 1948 and this era may suggest a more complex lesson about public opinion in the wake of pandemic or war, as high postwar and post-pandemic expectations quickly get dashed by the reality that the world isn’t returning to “normal” quite so quickly. Not only are high hopes dashed, but they also yield many kinds of economic dysfunction beyond high prices, from supply chain problems and housing shortages to “help wanted” signs and rising interest rates.Indeed, the famous “return to normalcy” election in 1920 — the largest popular vote landslide in American history — followed World War I and the 1918-1920 flu pandemic, which brought a recession and even higher inflation than in the 1940s.Normalcy did not come fast enough to save the party in power in 1920, the Democrats, but in retrospect it wasn’t too far off. The Roaring Twenties were just around the corner. And normalcy was just beginning to arrive in 1948, when Mr. Truman won re-election. The country was at the dawn of the prosperous, idealized 1950s “Leave It to Beaver” era that still lingers in the public imagination.If something similar is almost at hand, it can’t come soon enough for Mr. Biden. More

  • in

    The Case for Disqualifying Trump Is Strong

    It’s been just over two weeks since the Colorado Supreme Court ruled that Section 3 of the 14th Amendment disqualifies Donald Trump from holding the office of president of the United States. It stayed the effect of that ruling until this week. Pending further action from the Supreme Court of the United States — which Trump asked on Wednesday to overturn the ruling — the former president is off the Republican primary ballot in Colorado.I spent way too much of my holiday vacation reading the legal and political commentary around the decision, and as I did so I found myself experiencing déjà vu. Since the rise of Trump, he and his movement have transgressed constitutional, legal and moral boundaries at will and then, when Americans attempt to impose consequences for those transgressions, Trump’s defenders and critics alike caution that the consequences will be “dangerous” or “destabilizing.”There is already a “surge in violent threats” against the justices of the Colorado Supreme Court. The Yale Law School professor Samuel Moyn has argued that “rejecting Mr. Trump’s candidacy could well invite a repeat of the kind of violence that led to the prohibition on insurrectionists in public life in the first place.” Ian Bassin, a Protect Democracy co-founder, has suggested — and I agree — that even legal analysis of the 14th Amendment “is being colored by the analyst’s fear of how Trump and his supporters would react” to an adverse ruling.This is where we are, and have now been for years: The Trump movement commits threats, violence and lies. And then it tries to escape accountability for those acts through more threats, more violence and more lies. At the heart of the “but the consequences” argument against disqualification is a confession that if we hold Trump accountable for his fomenting violence on Jan. 6, he might foment additional violence now.Enough. It’s time to apply the plain language of the Constitution to Trump’s actions and remove him from the ballot — without fear of the consequences. Republics are not maintained by cowardice.To understand the necessity of removing Trump, let’s go first to the relevant language from the 14th Amendment and then to some basic rules of legal interpretation. Here’s the language:“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”You don’t have to be a lawyer to comprehend those words. You simply need some basic familiarity with American civics, the English language and a couple of common-sense rules of thumb. First, when interpreting the Constitution, text is king. If the text is clear enough, there is no need for historical analysis. You don’t need to know a special “legal” version of the English language. Just apply the words on the page.Second, it’s crucial to understand that many of the Constitution’s provisions are intentionally antidemocratic. The American republic is a democracy with guardrails. The Bill of Rights, for example, is a check on majoritarian tyranny. The American people can’t vote away your rights to speak, to exercise your religion or to due process. The Civil War Amendments, including the 14th Amendment, further expanded constitutional protections against majoritarian encroachment. Majorities can’t reimpose slavery, for example, nor can they take away your right to equal protection under the law.So when a person critiques Section 3 as “undemocratic” or “undermining democracy,” your answer should be simple: Yes, it is undemocratic, exactly as it was intended to be. The amendments’ authors were worried that voters would send former Confederates right back into public office. If they had believed that the American electorate was wise enough not to vote for insurrectionists, they never would have drafted Section 3.Moreover, you’ll note that the plain text of the amendment doesn’t require a court conviction for insurrection or rebellion. Again, this is intentional. The 14th Amendment originally applied to countless Confederate soldiers and continued to apply to them even after they were pardoned by President Andrew Johnson in 1868. It was not until the Amnesty Act of 1872 that most former Confederates were permitted to serve in office again.Which brings us to Donald Trump, who is currently facing a host of federal and state criminal charges related to his plot to overturn a lawful election and retain power illegitimately. He wasn’t merely involved in legal subterfuge, including by pressuring public officials to alter vote totals. He summoned the mob, told them to march to the Capitol and enlisted them to “fight like hell.” (At the same event, Rudy Giuliani urged “trial by combat.”) When the attack on the Capitol was underway, he inflamed the crowd in real time by tweeting that “Mike Pence didn’t have the courage to do what should have been done.”Yes, he also asked to the crowd to protest “peacefully and patriotically.” But as the Colorado Supreme Court affirmed, this “isolated reference” does not “inoculate” Trump, given “his exhortation, made nearly an hour later, to ‘fight like hell’ immediately before sending rallygoers to the Capitol.”What do you call the effort to overthrow a lawfully elected government through a combination of violence and legal subterfuge? In its ruling, the Colorado Supreme Court reviewed a variety of colloquial and legal definitions of insurrection and reached a common-sense conclusion “that any definition of ‘insurrection’ for purposes of Section 3 would encompass a concerted and public use of force or threat of force by a group of people to hinder or prevent the U.S. government from taking the actions necessary to accomplish a peaceful transfer of power in this country.”I have respect for those who argue that Jan. 6 was merely a riot and not a true “insurrection or rebellion,” but the clear and undisputed aims of the Trump scheme are what elevate his misconduct to rebellious status. The effort to steal the election wasn’t a mere protest. It represented an effort to change the government of the United States. I was open to Jonathan Chait’s argument that the term “insurrection” is not the “most precise” way to describe Jan. 6, but he lost me with this distinction: “Trump was not trying to seize and hold the Capitol nor declare a breakaway republic.”It’s true that Trump wasn’t declaring a breakaway republic, but he was attempting to “seize and hold” far more than the Capitol. He was trying to illegally retain control of the executive branch of the government. His foot soldiers didn’t wear gray or deploy cannons, but they did storm the United States Capitol, something the Confederate Army could never accomplish.There are also respectable arguments that the reference to “any office, civil or military, under the United States” does not include the president. As Kurt Lash wrote last month in The Times, “It would be odd to stuff the highest office in the land into a general provision that included everything from postmasters to toll takers.” He calls the text “ambiguous.”But is it, really? As Steven Portnoy wrote in an excellent piece for ABC News, the question of whether the section applied to the president and vice president was raised in the ratification debates, and Senator Lot Morrill of Maine provided the answer: “Let me call the Senator’s attention to the words ‘or hold any office, civil or military, under the United States.’”Remember, when reading the Constitution, words still retain their ordinary meaning, and the president is an officer under the United States by any conventional meaning of the term. In many ways, it would be fantastical to conclude otherwise. Is it really the case that insurrectionists are excluded from every office except the most powerful? One should not read constitutional provisions in a way that reaches facially absurd results.Moreover, it’s important to note that none of the legal analysis I’ve offered above relies on any sort of progressive or liberal constitutional analysis. It’s all text and history, the essence of originalism. In fact, the most influential law review article arguing that Trump is disqualified is by William Baude and Michael Stokes Paulsen, two of the most respected conservative legal minds in the United States.So no, it would not be a stretch for a conservative Supreme Court to apply Section 3 to Trump. Nor is it too much to ask the court to intervene in a presidential contest or to issue decisions that have a profound and destabilizing effect on American politics. In 2000, the Supreme Court effectively decided a presidential election at the finish line, ending Al Gore’s bid in a narrow decision that was criticized by some as partisan in nature.Moreover, in decisions ranging from Brown v. Board of Education to Dobbs v. Jackson Women’s Health Organization, the court has been quite willing to issue sweeping rulings that both inflame dissent and trigger political backlash. Fear of a negative public response cannot and must not cause the Supreme Court to turn its back on the plain text of the Constitution — especially when we are now facing the very crisis the amendment was intended to combat.Indeed, the principal reason the fear of negative backlash is so strong and so widely articulated is the seditious nature of the Trump movement itself. When the Supreme Court ruled against Al Gore, there was no meaningful concern that he’d try to engineer a violent coup. But if the court rules against Trump, the nation will be told to brace for violence. That’s what seditionists do.Republicans are rightly proud of their Civil War-era history. The Party of Lincoln, as it was known, helped save the Union, and it was the Party of Lincoln that passed the 14th Amendment and ratified it in statehouses across the land. The wisdom of the old Republican Party should now save us from the fecklessness and sedition of the new. More

  • in

    The Run-Up: Should Jan. 6 Disqualify Trump From the 2024 Ballot?

    Listen and follow ‘The Run-Up’Apple Podcasts | Spotify | AmazonKenny Holston/The New York TimesIt’s the start of the actual election year — and a new chapter in the campaign.Voting in early states is less than two weeks away. But, amid the crunchtime campaigning, another story line is unfolding.Two states are saying that Donald Trump can’t be on the ballot … at all.Officials in Colorado and Maine are basing this on a clause of the 14th Amendment, which bars candidates from holding office if they have engaged in insurrection.The Trump campaign is appealing. And other states, like California and Michigan, have ruled the opposite way on the same issue. But with more than a dozen similar cases pending, the question is almost certainly headed to the Supreme Court. We speak to Maine’s secretary of state, Shenna Bellows, about her decision to disqualify Trump from the 2024 primary ballot and to Adam Liptak, who covers the Supreme Court for The New York Times.About ‘The Run-Up’“The Run-Up” is your guide to understanding the 2024 election. Through on-the-ground reporting and conversations with colleagues from The New York Times, newsmakers and voters across the country, our host, Astead W. Herndon, takes us beyond the horse race to explore how we came to this unprecedented moment in American politics. New episodes on Thursdays. Credits“The Run-Up” is hosted by More