More stories

  • in

    España va a estar bien tras las elecciones generales

    Se elige entre democracia y autocracia.Así es como el presidente del gobierno español, Pedro Sánchez, de centroizquierda, enmarca las elecciones que se celebrarán este domingo. Cuando justificó su convocatoria de elecciones anticipadas, Sánchez estableció paralelismos entre España y otros países cuyas recientes elecciones estuvieron dominadas por el fantasma de un régimen iliberal de derechas. “Hay que aclarar”, dijo sobre la decisión de los españoles, “si quieren un presidente del gobierno de España al lado de Biden o de Trump, si quieren un presidente del gobierno del lado de Lula o de Bolsonaro”. Para no ser menos, Alberto Núñez Feijóo, principal oponente de Sánchez al frente del Partido Popular, conservador, lo acusó a él y a sus socios de coalición de izquierdas de actuar como “un régimen totalitario” y arropar a las autocracias latinoamericanas.Ambos mensajes se inscriben en un discurso más general que ve las elecciones como una contienda entre dos bloques polarizados —derecha e izquierda—, cada uno de los cuales alberga sectores extremos que condenarán al país. Gran parte de la inquietud se centra en Vox, un partido de extrema derecha que podría entrar en el gobierno como socio de coalición del Partido Popular y con ello, según algunas opiniones, poner en peligro la propia democracia española. Pero estos mensajes son desmesurados. Las elecciones del domingo determinarán el rumbo político de España en los próximos años, no la suerte que correrá su democracia.Para empezar, Sánchez no se enfrenta a un candidato trumpista. Feijóo, expresidente del gobierno de la región de Galicia, es un político conservador a la antigua usanza, que se caracteriza por su talante tranquilo y discreto. Desde que llegó a la presidencia del Partido Popular el año pasado, tras el liderazgo, propenso al escándalo y derechista, de Pablo Casado, ha dirigido el partido hacia el centro al tiempo que se ha ganado la fama de aburrido. “La alternativa serena”, es el lema no oficial de la campaña de Feijóo.Según los sondeos, Feijóo solo podría arrebatarle el poder a Sánchez en coalición con Vox, la tercera fuerza en el Congreso español, que ronda el 13 por ciento en las encuestas. Es la posibilidad de una coalición del Partido Popular y Vox lo que ha hecho saltar las alarmas, y con razón: Vox se opone al feminismo, los derechos LGBTQ+ y a cualquier intento de reexaminar las atrocidades contra los derechos humanos durante la Guerra Civil española y la dictadura del general Francisco Franco. También aboga por levantar una muralla alrededor de los enclaves españoles de Ceuta y Melilla para impedir la entrada de los migrantes del norte de África. De manera ominosa, ha planteado la propuesta de celebrar un referéndum nacional para prohibir los partidos separatistas.El altisonante lenguaje de Vox y sus propuestas políticas tóxicas suponen una grave amenaza para la democracia española, pero no tan existencial como muchos creen. Su entrada en un gobierno conservador convencional podría normalizar el partido, por ejemplo. Aun si esto obedeciese más al deseo que a la realidad, ayuda a no perder la perspectiva de las cosas. Vox entró en el Congreso español en 2019, y por primera vez en un gobierno regional en 2022, en una coalición liderada por el Partido Popular. Son logros importantes, sobre todo porque, hasta entonces, la extrema derecha carecía de representación en el poder legislativo nacional de España. Sin embargo, eso atestigua la inexperiencia del partido, que ocuparía una posición subalterna en una coalición.Hay una cuestión más general. El surgimiento de Vox —por llamativo que sea— no supuso ningún cambio significativo para la derecha española y la política en España. Contrariamente a lo que se suele pensar, la extrema derecha no desapareció con la muerte de Franco. Durante la transición a la democracia, entre 1977 y 1982, se aglutinó en torno a Alianza Popular, un partido neofranquista que obtuvo 16 escaños en las elecciones parlamentarias de 1977. A sus fundadores, derechistas ultracatólicos, se los llamaba “los siete magníficos” porque los siete eran antiguos ministros de Franco, entre ellos Manuel Fraga, ministro franquista de Información y Turismo que, siendo diputado, ayudó a redactar la Constitución española de 1978.A finales de la década de 1980, con la fundación del Partido Popular, la extrema derecha se incorporó al nuevo partido y pasó a influir en los futuros gobiernos conservadores y, entre otras cosas, impulsó durante el gobierno de José María Aznar un plan de humanidades que blanqueaba el papel de los conservadores en el ascenso de la dictadura de Franco y alentó el fallido intento de Mariano Rajoy de restringir los derechos de aborto. Animada por el auge de los partidos populistas de derechas en todo el mundo, la extrema derecha española ha decidido que puede salir tranquilamente de su escondite. Pero siempre estuvo ahí.Y lo que es más importante: la democracia española es lo bastante fuerte para soportar la participación de un partido de extrema derecha en un gobierno conservador. Aunque haya dejado de ser la excepción en Europa en lo que respecta a la extrema derecha, España sigue siendo diferente por una importante razón: es notablemente ajena a la temida patología política conocida como retroceso democrático, o erosión de las normas democráticas. La ausencia de dichos problemas en España se refleja en el “Freedom in the World Report”, de Freedom House, que clasifica la democracia española entre las más desarrolladas del mundo. Esto es especialmente reseñable, puesto que España cumple las dos condiciones que suelen reunir los países en retroceso democrático: una corta historia como democracia y una polarización extrema. Sin embargo, la democracia española, respaldada por un liderazgo estable, progresos sociales y económicos y una dinámica cultura política pluripartidista, se ha mantenido firme.Por supuesto, no es inmune a las amenazas. Una gran incógnita es qué papel desempeñará el separatismo en el próximo gobierno, incluso en el futuro del país. Todas sus fuerzas políticas explotan el separatismo para obtener ventajas partidistas. En los últimos años, la derecha —incluido el Partido Popular— ha ganado elecciones arremetiendo contra los separatistas, aunque eso le costase su hundimiento en Cataluña y el País Vasco, las regiones que albergan a los principales movimientos separatistas. La izquierda, a su vez, utiliza a Vox como espantajo para despertar los fantasmas del franquismo, sobre todo en las regiones separatistas, con la esperanza de espolear a sus partidarios. Por su parte, los separatistas enfrentan a la derecha con la izquierda en pro de sus muy estrictos objetivos, al tiempo que presentan injustamente a Madrid como opresora para reforzar sus reivindicaciones victimistas.Nada de esto es bueno para la democracia; de hecho, es francamente peligroso. En 2017, los separatistas catalanes sumieron a España en su crisis política más grave desde la muerte de Franco al celebrar un referéndum ilegal sobre la independencia. Que el país lograra capear la crisis —gracias en gran parte al hábil liderazgo de Sánchez— demostró al mundo que la democracia española, aunque fracturada, pude seguir funcionando mejor que bien. Sin embargo, también sirvió como advertencia de que uno de los mayores peligros en una sociedad democrática, incluso en una tan exitosa como la española, es dar por sentada la democracia.Omar G. Encarnación es profesor de Ciencias Políticas en el Bard College y autor de Democracy Without Justice in Spain: The Politics of Forgetting, entre otros libros. More

  • in

    Obstruction Law Cited by Prosecutors in Trump Case Has Drawn Challenges

    Hundreds of Jan. 6 rioters have been charged with obstruction of an official proceeding, but the charge, which could be applied to former President Donald J. Trump, has come under scrutiny.Well before the prosecutors investigating Donald J. Trump’s efforts to overturn the 2020 election laid out for him three laws that could be the basis for an indictment, one of the statutes, covering obstruction of an official proceeding, had already been used against — and challenged by — scores of rioters who took part in the storming of the Capitol.The legal questions around applying the obstruction law to the attack on Jan. 6, 2021, have spawned a pair of federal appeals court cases — and could even end up in front of the Supreme Court. But while it might seem risky for the special counsel, Jack Smith, to include the obstruction count in an indictment before the attacks against it are resolved, the way in which the law is written could make it almost uniquely suited to charging Mr. Trump.The count — formally known in the penal code as 18 U.S.C. 1512(c)(2) — makes it a crime to “corruptly” obstruct, impede or interfere with any official government proceeding, and carries a maximum penalty of 20 years in prison.In more than 300 Jan. 6 riot cases, prosecutors have used the law to describe the central event that day: the disruption of the Electoral College vote certification that was taking place inside the Capitol during a joint session of Congress.In general, defendants have been charged with the obstruction count when prosecutors believe they have evidence that their actions on Jan. 6 played some role in stopping the certification process or in chasing lawmakers away from their duties. But as soon as the charge began to be used in Capitol riot cases, defense lawyers started arguing that the government was stretching the statute far beyond its intended scope.By its plain text, the measure seemingly has nothing to do with mobs or riots. It was passed into law in 2002 as part of the Sarbanes-Oxley Act, which sought to clamp down on corporate malfeasance, and was initially meant to prohibit things like shredding documents or tampering with witnesses in congressional inquiries.In April, the U.S. Court of Appeals for the District of Columbia upheld the use of the obstruction count, even while acknowledging that it had never been applied in quite the way it had been in the Jan. 6 cases.The decision by the three-judge panel — which included two Trump appointees — largely homed in on just one of the complaints against the statute. The panel said that any obstruction committed by rioters at the Capitol did not have to relate exclusively to the law’s original prohibitions against tampering with witnesses or destroying documents.But the panel reserved judgment on a separate challenge to the law, one involving the definition of the word “corruptly.” That issue could relate more directly to Mr. Trump, should he be charged with the count.In its arguments to the appeals court, the government said that acting corruptly should be broadly construed to include all sorts of unlawful behavior, such as destroying government property or assaulting police officers. The defense argued for a much narrower interpretation, seeking to define the term as acting illegally to procure something to directly benefit oneself.This challenge is at the center of the second appeals court case in Washington and could be decided any day now. It could also affect how the law applies to Mr. Trump: Unlike many of the rioters on the ground who stood to gain little for themselves by stopping the certification process on Jan. 6, Mr. Trump stood to gain something of immense personal value that day: a victory in the election.While it remains unknown how Mr. Smith might structure an obstruction charge, he could opt to use it to describe the pressure campaign that Mr. Trump and some of his allies mounted against Vice President Mike Pence. The president and lawyers close to him like John Eastman sought to strong-arm Mr. Pence into using his role in overseeing the election certification on Jan. 6 to unilaterally toss the race to Mr. Trump.Last year, the House select committee investigating Jan. 6 urged that Mr. Trump be charged with obstruction of an official proceeding among other counts, including conspiracy to defraud the United States and incitement to insurrection. But long before those recommendations were made, judges and lawyers involved in Jan. 6 criminal cases were exploring whether Mr. Trump’s behavior — specifically his attempts to pressure Mr. Pence — violated the obstruction count.In November 2021, for example, at an early hearing discussing the validity of the charge, James Pearce, a prosecutor who has handled many of the Justice Department’s thorniest Capitol riot legal issues, argued in court that if someone urged Mr. Pence to break the law on Jan. 6, it could qualify as a corrupt act of obstruction. While Mr. Pearce never mentioned Mr. Trump by name, it was clear he was discussing the former president’s attempts to get Mr. Pence to do his bidding that day.“One of the definitions of ‘corruptly’ is trying to get someone to violate a legal duty,” Mr. Pearce said.Mr. Smith’s election interference inquiry is not the first time prosecutors have used 1512(c)(2) as the basis for scrutinizing Mr. Trump. The provision was also instrumental in the investigation by Robert S. Mueller III, the special counsel who examined whether Mr. Trump obstructed efforts to look for ties between Russia and his 2016 presidential campaign.In 2018, William P. Barr, before he got the job as Mr. Trump’s attorney general, wrote a memo to top officials in the Justice Department complaining that Mr. Mueller’s use of the obstruction count was “premised on a novel and legally insupportable reading of the law.”Mr. Mueller, Mr. Barr wrote, was “proposing an unprecedented expansion of obstruction laws” in an effort to find a way to charge Mr. Trump for actions that he had the constitutional power to carry out. (Mr. Mueller never sought to charge Mr. Trump.)Some legal experts have said that Mr. Trump could mount an attack against the obstruction charge, if it is brought by Mr. Smith, by arguing that he truly believed he had been robbed of victory by fraud in the election and, therefore, could not be accused of having acted corruptly.But last week, a senior federal judge in Washington, Royce C. Lamberth, found a high-profile Jan. 6 rioter guilty of the obstruction count despite the defendant’s repeated claims that he believed the election had been stolen.Judge Lamberth’s reasoning — which came in the case of Alan Hostetter, a former police chief turned yoga instructor from Southern California — made no mention of Mr. Trump’s potential criminal exposure, but it could set a legal basis for refuting any attempts by the former president to get around the law’s references to “corruptly.”“Even if Mr. Hostetter genuinely believed the election was stolen and that public officials had committed treason, that does not change the fact that he acted corruptly with consciousness of wrongdoing,” Judge Lamberth wrote. “Belief that your actions are serving a greater good does not negate consciousness of wrongdoing.” More

  • in

    Robert F. Kennedy Jr. Is Where Paranoia Meets Legacy Admissions

    It feels dangerous to write about Robert F. Kennedy Jr.: In the lag between when I put the finishing touches on this and when it becomes publicly available, I could be a conspiracy theory or two behind.I could be mulling his apparent belief that the coronavirus was diabolically engineered to spare Chinese and Ashkenazi Jewish people while he has already moved on to the hypothesis that Ron DeSantis is a hologram gone haywire (I could buy into this one), the revelation that earbuds deliver subconsciously perceptible government propaganda through our auditory canals or the epiphany that French bulldogs cause global warming. He’s a crank who cranks out whoppers the way Taylor Swift disgorges perfect pop songs.But we hang on her words for her craft. We hang on his for his clan. Kennedy is where paranoia meets legacy admissions. Like Donald Trump, with whom he has much more in common than he probably cares to admit, he’s an elitist hawking anti-elitism, an insider somehow branding himself an outsider, a scion styled as a spoiler, a populist as paradox. Why do Americans keep falling for these arrogant oxymorons?Oh, I understand the appeal of the perspective that narcissists like Trump and Kennedy peddle: that sinister operators deploy nefarious tricks to shore up their own dominance and keep hard-working, well-intentioned, regular folks in their places. It’s an exaggeration of inequities and injustices that really do exist, and it simplifies a maddeningly complex world. Ranting about George Soros or Anthony Fauci feels a whole lot better than raging at the vicissitudes of fate.But why turn to preachers like Trump and Kennedy for this anti-gospel? It’s like consulting sharks about veganism. Trump commenced his career with a big, fat wad of money from his rich father. He attended business school in the Ivy League. He hobnobbed with big-name politicians before he turned against them. He has an eagle’s nest of a penthouse in the financial capital of the world.And Kennedy? He belongs to perhaps the most storied family in American political life. His uncle’s White House was nicknamed Camelot, for heaven’s sake.That legacy is suffused with immeasurable heartache. I can’t imagine his pain at seeing that uncle murdered and then having his own father meet the same fate. I bet it stings to this day.But Kennedy’s place in a bona fide dynasty has also meant access, influence, mulligans. “Kicked out of an elite roster of prep schools, he still managed to arrive at Harvard in 1972,” Rebecca Traister wrote in an excellent recent profile of him and his presidential campaign in New York magazine, where she also described how he is “leaning hard into his family in this contest; his logo even borrows the iconography of his father’s 1968 campaign.”In an insightful column in The Times, my colleague Michelle Goldberg noted how, at a June rally in New Hampshire, Kennedy pitched his presidential bid as a return of his family’s magic and majesty. “We can restore America to the awesome vitality of the original Kennedy era,” he told an adoring crowd.It takes a yachtload of nerve to flaunt that pedigree while disparaging an entrenched political class, but across his speeches and interviews, Kennedy tries to have it all ways. He’s marginalized! He’s royalty! He’s the skunk at the garden party! He’s the cucumber sandwiches!All of which makes him an especially incoherent opportunist. Let’s be clear: As Kennedy promotes the specter of microchips in vaccines, as he posits that H.I.V. may not be the sole cause of AIDS, as he says that Anne Frank had it better than Americans under Covid lockdown, as he claims that Covid vaccines are often deadlier than what they’re supposed to prevent, as he fingers the C.I.A. for his uncle’s assassination and Prozac for mass shootings, he can portray a society in which the deck is stacked against all the little people because the deck has been stacked so heavily in his favor. His rapt audiences and his shimmering Kennedy-ness are inextricable.He has complained of being “deplatformed” for his, um, unconventional thinking, but he has conventional platforms aplenty. He does interviews galore. If there’s a conspiracy afoot, it’s working to his advantage. His visage, voice and views are everywhere I turn.And they speak to what a strange and scary time this is. So many Americans are so angry and distrustful that they’ll look for answers in the strangest of places. They’ll bow down to and elevate the unlikeliest of prophets. Trump and Kennedy are the self-proclaimed martyrs of the moment. There will be more where they came from.For the Love of SentencesDiane Keaton in the 1984 film adaptation of the John le Carré novel “The Little Drummer Girl.”Everett CollectionAs someone who has barely scratched the surface of John le Carré’s oeuvre, I very much needed Sam Adler-Bell’s recent guide in The Times to the best plotted, best written and most alluring of the prolific novelist’s works. It was, additionally, a lode of deft prose, such as his pitch for “A Perfect Spy,” published in 1986: “This is a great, whooshing thrill of a book! I recommend it constantly, the way annoying people recommend hydration.” (Thanks to Eric Andrus of Chelmsford, Mass., for nominating this.)Also in The Times, Kevin Roose wrestled with the grim undercurrent of the work done at a company trying to develop safe, responsible A.I. tools: “Not every conversation I had at Anthropic revolved around existential risk. But dread was a dominant theme. At times, I felt like a food writer who was assigned to cover a trendy new restaurant, only to discover that the kitchen staff wanted to talk about nothing but food poisoning.” (Ralph Begleiter, Ocean View, Del.)And Nick Kristof contrasted the dynamism and visual vibrancy of Eastern European countries today with their drabness when he traveled through them during the Soviet era and his “main impression was that in the Communist bloc you didn’t need color film.” (Jim Grout, Brentwood, Tenn.)In The Atlantic, Matt Seaton described his area of Vermont after the recent deluge: “If you were close enough to the river on Monday, above the roar of millions of gallons of raging brown murk, you could hear the uncanny kerthunk of huge rocks being smashed into one another, like a terrifying subaquatic game of pinball played by angry rain gods.” (Donna Meadows, Houston)Also in The Atlantic, Yair Rosenberg assessed Robert F. Kennedy Jr.’s antisemitic rant about Covid: “Kennedy is a conspiracy theorist, and the arc of conspiracy is short and bends toward the Jews.” (Rhoda Leichter, Pacific Palisades, Calif.)In The New Yorker, Susan Orlean conducted a funny, incisive tour of cooking gadgets come and gone: “The graveyard of kitchen fads is wide and deep, littered with the domestic equivalent of white dwarf stars that blazed with astonishing luminosity for a moment and then deteriorated into space junk.” (Ray Smith, Lutz, Fla.)In The New York Review of Books, Jessica Riskin assessed the limits of a new kind of student shortcut: “My teaching assistants and I became expert at sniffing out A.I.-generated essays by their flat, featureless feel, the literary equivalent of fluorescent lighting.” (Paul Ansell, Tampa Bay, Fla.)In The Los Angeles Times, Justin Chang managed, in his review of “Barbie,” to allude to its pink-and-purple palette and its opening on the same weekend as “Oppenheimer” in the same sentence: “I must point out the existence of Emma Mackey as Physicist Barbie, who presumably discovered the secrets of nuclear fuchsian.” (Bob Meadow, Los Angeles) That review also had an aptly playful headline that made rhyming reference to the movie’s stars, Margot Robbie and Ryan Gosling: “With Robbie in pink and Gosling in mink, ‘Barbie’ (wink-wink) will make you think.”And in The Wall Street Journal, Jason Gay appraised Carlos Alcaraz’s victory over Novak Djokovic in an epic five-set showdown at Wimbledon by noting Djokovic’s preternatural stamina. “There may be no harder opponent to close out in sports,” Gay wrote, adding: “Even after you defeat Djokovic, you should go up to the scorekeeper and get the result in writing, just to confirm.” (Barbara Gaynes, Harrison, N.Y.)To nominate favorite bits of recent writing from The Times or other publications to be mentioned in “For the Love of Sentences,” please email me here and include your name and place of residence.What I’m Reading, Watching and DoingFrank BruniThe work of the Washington Post columnist David Von Drehle is a mainstay of the For the Love of Sentences section. His recently published book, “The Book of Charlie: Wisdom From the Remarkable American Life of a 109-Year-Old Man,” is a gorgeously written examination of one centenarian’s eventful past as an example of all the disruption that life can mete out — and all the fortitude with which a human being can respond.A line from Anthony Lane’s review in The New Yorker of “Master Gardener,” Paul Schrader’s latest movie, appeared in For the Love of Sentences in early June, but I hadn’t seen the film at that point. I subsequently watched it. While it doesn’t rise nearly to the level of “First Reformed,” the first installment of what Schrader has called a trilogy of movies about boxed-in, haunted men — the second was “The Card Counter” — it has one sublime supporting performance, by the actress who plays Norma Haverhill, the owner of an estate with extensive formal gardens “whose name is like a mash-up of Norma Desmond and Miss Havisham, and whose gaze could nip the buds off a damask rose at 40 yards,” as Lane wrote. Lane went on to pay fitting tribute to that performer: “One thing I do believe in is the power of Sigourney Weaver. She makes Norma authentically scary, investing every gesture with the fierce languor of entitlement.” (“Master Gardener” is streaming on several platforms and can, for example, be rented through Prime Video or Apple TV+.)I don’t keep careful track, but it has apparently been about a month and a half since I gave you a report or photo of my four-legged companion. And you let me know it! I love that many of you miss Regan and ask after her and even worry that her absence from the newsletter means that something’s wrong. She and I recently hit the road for just a bit to visit a few friends, and as you can see from the picture above, Regan has an awful time trying to get comfortable in new surroundings. If only she could learn to relax.On a Personal NoteChristopher Dubia/Gallery StockAlmost every afternoon last week, I took a very long, very fast walk with intervals of running mixed in; just once, I didn’t bother to stretch when I was done. The next morning, I paid for that. My creaky knees! My knotted calves! There was no forgiveness for my lapse, not the way there was in years past, when my stretching was reliably unreliable.Similarly, I get no allowance anymore for evenings of gluttony. Back when I was The Times’s restaurant critic in my early 40s, I could atone for an excessive dinner and erase its effects by just increasing my exercise in its immediate aftermath. Now I need the better part of a week to get back to where I was.At 58, I reflect often on the differences between youth and age. One of the biggest is the margin for error. You have a big, broad one when you’re young, and that applies not just to muscles and midriffs but also to relationships, jobs and more.You can be sloppy, and the wages are modest. You can be heedless and recover. You can squander an opportunity and still find another (and maybe even another) and make the most of it, having learned from your mistakes. You have time. You have flexibility. Everything is more elastic — your knees, your calves, your skin, your heart.Don’t get me wrong: Age has its benefits. I much prefer 58 to 28. As I described in my most recent book, “The Beauty of Dusk,” age can bring a perspective and sense of peace that are so elusive in youth, when many of us are too distracted — by self-doubt, by want, by envy, by vanity — to learn the trick of contentment.But age also compels us to proceed with caution. To take greater care. The flesh-and-blood vessels that we occupy are more fragile. The promises we mean to keep and the plans we intend to execute can be postponed only so much. Time is of the essence. Which is perhaps why we’re graced with the wisdom to see that. More

  • in

    January 6 grand jury to hear testimony from Trump aide – US politics live

    From 2h agoA federal grand jury investigating Donald Trump’s efforts to overturn the 2020 election will hear testimony from an aide who was with the former president for much of the day on 6 January 2021, according to multiple reports.William Russell, a former White House aide who now works for Trump’s presidential campaign, is scheduled to testify before he grand jury convened by special counsel Jack Smith, both CNN and NBC reported.Russell, who has previously testified before the grand jury, served in the Trump White House as a special assistant to the president and deputy director of advance, before moving to Florida to work as an aid to Trump after he left office.Multiple former senior Trump White House officials have testified before the grand jury in the special counsel’s investigation into the January 6 insurrection. Among those who have testified are Trump’s son-in-law and former White House senior adviser, Jared Kushner, and former top Trump aide, Hope Hicks.In April, Mike Pence testified for seven hours behind closed doors, meaning the details of what he told the prosecutors in the case remain uncertain.House speaker Kevin McCarthy has denied he privately promised former president Donald Trump that he would get legislation passed that would erase Trump’s two impeachments.According to a Politico report, Trump was outraged at McCarthy for withholding his endorsement of his presidential run in the 2024 election. In an interview last month, McCarthy expressed doubt that Trump was the “strongest” candidate to defeat Joe Biden and win back the White House next year.“He needs to endorse me – today!” Trump is said to have fumed to his staff on his way to a campaign event in New Hampshire. McCarthy called Trump to apologize after the interview, claiming he misspoke, sources told CNN at the time.In return for delaying that endorsement, according to Politico, McCarthy pledged that he would get the House to vote to expunge” both impeachments against the former president. The outlet said McCarthy had promised to do so before Congress leaves for an August recess. Recess begins in less than two weeks.In 2019, a Democrat-controlled House voted to impeach Trump for abuse of power and obstruction of Congress after he asked Ukraine to investigate his presidential election rival, Joe Biden, and his son on unsubstantiated corruption accusations.The House impeached Trump for a second time in 2021 for his actions ahead of the deadly January 6 attack on the US Capitol by his supporters. The Senate acquitted him both times, thanks to the votes of Republicans. McCarthy voted against impeaching Trump both times.“There’s no deal,” McCarthy told a reporter in the Capitol on Thursday, Reuters reported.The South Carolina senator Lindsey Graham, the top Republican on the Senate judiciary committee, accused Democrats of trying to “destroy” the supreme court and said the ethics bill “is an assault on the court itself”.Congress should stay out of the court’s business, Graham said.Opening the committee meeting, Senate judiciary chair Dick Durbin said the legislation would be a “crucial first step” in restoring confidence in the court.Graham vowed, in response, that “all of us are going to vote no”. From NBC’s Sahil Kapur:Here’s a rundown of the ethical controversies supreme court justices have been involved in.Real estate transactionsClarence Thomas’s friend Harlan Crow, the Texas Republican billionaire mega-donor, bought three properties that the conservative justice and his family owned, including Thomas’s childhood home in Savannah, Georgia, where Thomas’s mother still lives. Crow made significant renovations, cleared blight and let Thomas’s mother live there rent-free. The cost was more than $100,000 but was not disclosed.Justice Neil Gorsuch sold a 40-acre property he co-owned in rural Colorado after he became a justice, Politico reported. Brian Duffy, the chief executive of Greenberg Traurig, which has had more than 20 cases before the supreme court, bought the property in 2017. Gorsuch disclosed the sale and reportedly made between $250,000 and $500,000, but he left blank the buyer’s identity.School supportCrow paid thousands of dollars in private school tuition for two boarding schools that Thomas’s great-nephew attended, ProPublica reported. The transaction was not disclosed.An investigation by the Associated Press revealed how colleges and universities attract supreme court justices to campuses as a way to generate donations for institutions, raising ethical concerns around a court that, unlike other government agencies, does not have a formal code of conduct. The visits have resulted in all-expenses-paid teaching opportunities and book sales.Money to partnersThe Republican activist Leonard Leo paid Thomas’s wife, Ginni, $25,000 for polling services in January 2012, telling the Republican pollster Kellyanne Conway to make “no mention of Ginni”, the Washington Post reported. It’s unclear whether that is a direct ethical concern for Clarence Thomas but it may constitute a conflict of interest.Ginni, who also attended the January 6 attack at the Capitol, reportedly exchanged text messages with the then White House chief of staff Mark Meadows, encouraging him to support then president Donald Trump’s false election fraud claims aimed at subverting the results of his 2020 electoral defeat. The Judicial Education Project, a law firm tied to Leo, filed a brief to the supreme court in the landmark case that eventually gutted the Voting Rights Act not long after the payment was made.Roberts’ wife, Jane Sullivan Roberts, ran a legal recruiting firm that raised ethical concerns since she made millions of dollars in commissions from placing lawyers at firms, some of which appeared before the court. The New York Times obtained a letter from a former colleague of Roberts to the US justice department and Congress inquiring about the connection.Luxury tripsFor more than two decades, Thomas accepted millions of dollars’ worth of luxury trips on private planes and “superyachts”, and vacations from his friend Crow without reporting them on financial disclosure forms, ProPublica reported. Crow has said that he did not attempt to influence Thomas politically or legally nor did he discuss pending supreme court cases. Thomas said he was told he was not required to disclose the trips. Notably, a company linked to Crow was involved in at least one case before the US supreme court, Bloomberg reported. Thomas did not recuse himself from the case.Justice Samuel Alito reportedly took a private jet to an all-expenses-covered fishing trip to Alaska, paid for by the hedge fund billionaire and conservative mega-donor Paul Singer. NPR reports that Singer has been involved in 10 appeals to the supreme court. In an unprecedented move, Alito defended himself in an op-ed in the Wall Street Journal, declaring he did not have to recuse himself and followed what he “understood to be standard practice”.The Senate judiciary committee is expected to vote today on a bill that would require the supreme court to adopt a code of ethics.Senate Democrats have called for a measure to establish a code of conduct for the supreme court justices similar to those that other government agencies must follow.The bill, unlikely to pass in a divided Congress, would demand the court create a code within 180 days and establish rules on recusals related to potential conflicts of interest and disclosure of gifts and travel.The panel vote comes after months of scrutiny on the court over ethical controversies supreme court justices have been involved in.Senate judiciary committee chair, Dick Durbin, said this week:
    Just about every week now, we learn something new and deeply troubling about the justices serving on the supreme court, the highest court in the land in the United States, and their conduct outside the courtroom.
    Let me tell you, if I or any member of the Senate failed to report an all-expense paid luxury getaway or if we used our government staff to help sell books we wrote, we’d be in big trouble.
    The bill would need at least nine GOP votes to pass, and Republicans appear united against it, arguing that the legislation would undermine the separation of powers and “destroy” the court.Twice impeached and now twice arrested and indicted. Donald Trump faces serious charges in New York and Florida over a hush-money scheme during the 2016 election and his alleged mishandling of classified documents.And more criminal charges could be on the way for Trump in Georgia and Washington DC. Here is where each case against Trump stands:Classified documents case in FloridaStatus: Trump pleaded not guilty; trial scheduled for AugustCharges: 31 counts of willful retention of national defense information under the Espionage Act, conspiracy to obstruct justice and false statements and representations, among othersHush-money case in New YorkStatus: Trump pleaded not guilty; trial forthcomingCharges: 34 felony charges of falsifying business recordsJanuary 6 case in WashingtonStatus: Subpoenas issued by grand juryPotential charges against Trump: Obstruction of an official proceeding, conspiracy to defraud the government and incitement of an insurrection2020 election meddling case in GeorgiaStatus: Grand jury report finished; charging decisions expected this summerPotential charges against Trump: Election code violationsE Jean Carroll lawsuits in New YorkStatus: First lawsuit going to trial; second lawsuit on appealAllegations against Trump: Defamation and sexual abuseRead the full story here. Donald Trump has said he has until midnight tonight to testify before the federal grand jury deciding whether to indict him over his efforts to overturn the 2020 election.Targets of criminal investigations rarely speak to grand juries, as they are usually advised by their attorneys to not take up invitations to meet with the grand jury because any statements provided in that setting could be used to help build a case against them in the event that they’re charged.Trump has not exercised that right in the two other criminal cases in which he’s been charged, Politico’s Kyle Cheney writes. Recent witnesses who have appeared before the grand jury investigating Donald Trump’s efforts to overturn the 2020 election were reportedly asked about the former president’s state of mind surrounding the January 6 insurrection.Federal prosecutors asked multiple former senior Trump White House officials to speak to Trump’s mindset in the days and weeks after losing the 2020 election, leading up to 6 January, according to a New York Times report. Witnesses including Trump’s son-in-law, Jared Kushner, were asked if he had privately acknowledged that he had lost the election, it said. Kushner is understood to have said that it was his impression that Trump truly believed the election was stolen.The line of questioning suggested prosecutors were trying to determine if Trump acted with corrupt intent as he sought to remain in power, the paper said.A federal grand jury investigating Donald Trump’s efforts to overturn the 2020 election will hear testimony from an aide who was with the former president for much of the day on 6 January 2021, according to multiple reports.William Russell, a former White House aide who now works for Trump’s presidential campaign, is scheduled to testify before he grand jury convened by special counsel Jack Smith, both CNN and NBC reported.Russell, who has previously testified before the grand jury, served in the Trump White House as a special assistant to the president and deputy director of advance, before moving to Florida to work as an aid to Trump after he left office.Multiple former senior Trump White House officials have testified before the grand jury in the special counsel’s investigation into the January 6 insurrection. Among those who have testified are Trump’s son-in-law and former White House senior adviser, Jared Kushner, and former top Trump aide, Hope Hicks.In April, Mike Pence testified for seven hours behind closed doors, meaning the details of what he told the prosecutors in the case remain uncertain.What the potential charges means for Trump is unclear.Prosecutors have been examining various instances of Trump pressuring officials like his former vice-president Mike Pence, but Trump’s efforts to obstruct the transfer of power could also be construed as conspiring to defraud voters more generally.The other two statutes, meanwhile, suggest a core part of the case against Trump is focused on the so-called fake electors scheme and the former president’s efforts to use the fake slates in a conspiracy to stop the congressional certification of Joe Biden’s election win on 6 January 2021.The target letter did not cite any seditious conspiracy, incitement of insurrection or deprivation of rights under color of law – other areas for which legal experts have suggested Trump could have legal risk.Last year, the House select committee that investigated the Capitol attack concluded that Trump committed multiple crimes in an attempt to reverse his 2020 defeat to Joe Biden, including conspiracy to defraud the United States and obstruction of an official proceeding.The committee issued symbolic criminal referrals to the justice department, although at that point the justice department had since stepped up its criminal investigation with the addition of new prosecutors in spring 2022 before they were folded into the special counsel’s office.House investigators also concluded that there was evidence for prosecutors to charge Trump with conspiracy to defraud and obstruction of an official proceeding. They also issued referrals for incitement of insurrection, which was not listed in the target letter.Should prosecutors charge Trump in the federal January 6 investigation, the case could go to trial much more quickly than the Mar-a-Lago classified documents case – before the 2024 election – because pre-trial proceedings would not be delayed by rules governing national security materials.Federal prosecutors investigating Donald Trump’s efforts to overturn the 2020 election results have evidence to charge the former president with three crimes, including section 241 of the US legal code that makes it unlawful to conspire to violate civil rights, two people familiar with the matter said.The potential charges detailed in a target letter sent to Trump by prosecutors from the office of special counsel Jack Smith, who also charged Trump with retaining classified documents last month, was the clearest signal of an imminent indictment.Prosecutors appear to have evidence to charge Trump with obstruction of an official proceeding and conspiracy to defraud the United States based on the target letter, two statutes that the House select committee examining the January 6 Capitol attack issued criminal referrals for last year.The target letter to Trump identified a previously unconsidered third charge, the sources said. That is section 241 of title 18 of the US code, which makes it unlawful to conspire to threaten or intimidate a person in the “free exercise” of any right or privilege under the “Constitution or laws of the United States”.The statute, enacted to protect the civil rights of Black voters targeted by white supremacy groups after the US civil war, is unusual because it is typically used by prosecutors in law enforcement misconduct and hate crime prosecutions, though its use has expanded in recent years.Donald Trump has until Thursday midnight to respond to special counsel Jack Smith and tell his office whether he will appear before a grand jury in the justice department’s investigation into efforts to overturn the 2020 election results.A letter sent to Trump by prosecutors from Smith’s office on Sunday identified the former president as a “target” in the probe into the January 6 insurrection, Trump posted to his Truth Social website on Tuesday. He wrote:
    Deranged Jack Smith, the prosecutor with Joe Biden’s DOJ, sent a letter … stating that I am a TARGET of the January 6th Grand Jury investigation, and giving me a very short 4 days to report to the Grand Jury, which almost always means an Arrest and an Indictment.
    People who receive target letters from federal authorities are usually advised by their attorneys to not take up invitations to meet with the grand jury because any statements provided in that setting could be used to help build a case against them in the event that they’re charged.Good morning, US politics blog readers. The former president, Donald Trump, has quietly added a criminal defense attorney to his legal team as he faces a potential indictment in the justice department’s investigation into the January 6 insurrection.Attorney John Lauro, who has also represented Trump attorneys Christina Bobb and Alina Habba, is joining Trump’s legal team alongside Todd Blanche, according to sources, CNN reported late on Wednesday.Lauro will be solely focused on special counsel Jack Smith’s investigation into Trump’s efforts to remain in office following his 2020 election defeat to Joe Biden, including the deadly 6 January 2021 riot in which his supporters overran the Capitol building in Washington DC.Federal prosecutors have evidence to charge the former president with three crimes, including section 241 of the US legal code that makes it unlawful to conspire to violate civil rights, the Guardian reported last night, citing two people familiar with the matter.Trump faces being charged with obstruction of an official proceeding and conspiracy to defraud the United States, two statutes that the House select committee examining the January 6 Capitol attack issued criminal referrals for last year.The target letter also identified a previously unconsidered third charge, the sources said. That is section 241 of title 18 of the US code, which makes it unlawful to conspire to threaten or intimidate a person in the “free exercise” of any right or privilege under the “Constitution or laws of the United States”.The potential charges detailed in a target letter sent to Trump by prosecutors from Smith’s office, who also charged Trump with retaining classified documents last month, was the clearest signal of an imminent indictment.Here’s what else we’re watching today:
    9am ET: Joe Biden will get his daily intelligence briefing.
    9am ET: The House will hold a hearing on online censorship. Democratic presidential hopeful, Robert F Kennedy, is expected to testify.
    10am ET: The Senate will meet to resume consideration of an EPA nomination and the NDAA.
    10.20am ET: Biden will leave for Joint Base Andrews, where he will fly to Philadelphia.
    10.45am ET: House Minority Leader Hakeem Jeffries will hold his weekly news conference.
    1pm ET: Biden will speak about “Bidenomics”. He will depart Philadelphia to return to the White House in the afternoon. More

  • in

    Trump’s Trial Dates Collide With His 2024 Campaign Calendar

    The Republican front-runner is facing a growing tangle of criminal and civil trials that will overlap with next year’s presidential primaries.As former President Donald J. Trump campaigns for the White House while multiple criminal prosecutions against him play out, at least one thing is clear: Under the laws of physics, he cannot be in two places at once.Generally, criminal defendants must be present in the courtroom during their trials. Not only will that force Mr. Trump to step away from the campaign trail, possibly for weeks at a time, but the judges overseeing his trials must also jostle for position in sequencing dates. The collision course is raising extraordinary — and unprecedented — questions about the logistical, legal and political challenges of various trials unfolding against the backdrop of a presidential campaign.“The courts will have to decide how to balance the public interest in having expeditious trials against Trump’s interest and the public interest in his being able to campaign so that the democratic process works,” said Bruce Green, a Fordham University professor and former prosecutor. “That’s a type of complexity that courts have never had to deal with before.”More broadly, the complications make plain another reality: Mr. Trump’s troubles are entangling the campaign with the courts to a degree the nation has never experienced before and raising tensions around the ideal of keeping the justice system separate from politics.Mr. Trump and his allies have signaled that they intend to try to turn his overlapping legal woes into a referendum on the criminal justice system, by seeking to cast it as a politically weaponized tool of Democrats.Already, Mr. Trump is facing a state trial on civil fraud accusations in New York in October. Another trial on whether he defamed the writer E. Jean Carroll is set to open on Jan. 15 — the same day as the Iowa caucuses. On Jan. 29, a trial begins in yet another lawsuit, this one accusing Mr. Trump, his company and three of his children of using the family name to entice vulnerable people to invest in sham business opportunities.Because those cases are civil, Mr. Trump could choose not to attend the trials, just as he shunned an earlier lawsuit by Ms. Carroll, in which a jury found him liable for sexual abuse.But he will not have that option in a criminal case on charges in New York that he falsified business records as part of covering up a sex scandal shortly before the 2016 election. The opening date for that trial, which will most likely last several weeks, is in late March, about three weeks after Super Tuesday, when over a dozen states vote on March 5.Jack Smith, the special counsel leading two federal investigations into Mr. Trump, has asked the judge overseeing the indictment in the criminal inquiry into Mr. Trump’s hoarding of sensitive documents to set a trial date for late 2023.But on Tuesday — the same day Mr. Trump disclosed that federal prosecutors may charge him in the investigation into the events that culminated in the Capitol riot — his defense lawyers argued to Judge Aileen M. Cannon that she ought to put off any trial in the documents case until after the 2024 election. The intense publicity of the campaign calendar, they said, would impair his rights.Mr. Trump has long pursued a strategy of delay in legal matters, seeking to run out the clock. If he can push his federal trial — or trials, if he is ultimately indicted in the Jan. 6 inquiry — beyond the 2024 election, it is possible that he or another Republican would win the presidency and order the Justice Department to drop the cases.A president lacks the authority to quash state cases, but even if Mr. Trump were to be convicted, any inevitable appeals would most likely still be pending by Inauguration Day in 2025. If he is back in office by then, the Justice Department could also raise constitutional challenges to try to defer any additional legal proceedings, like a prison sentence, while he is the sitting president.In making the case for delaying the trial until after the election, Mr. Trump’s defense lawyers contended on Tuesday that Mr. Trump was effectively squaring off in court against his 2024 rival, President Biden.“We don’t know what’s going to happen in the primaries, of course, but right now, he’s the leading candidate,” said Todd Blanche, one of Mr. Trump’s lawyers. “And if all things go as we expect, the person he is running against — his administration is prosecuting him.”But David Harbach, a prosector on Mr. Smith’s team, said Mr. Trump was “no different from any other busy important person who has been indicted.” He called the claim of political influence “flat-out false,” seemingly more intended for “the court of public opinion” than a court of law.“The attorney general appointed the special counsel to remove this investigation from political influence, and there has been none — none,” he said.Judge Cannon, who has not yet made a decision about the eventual trial date, indicated that in considering delay, she believed the focus should be not on the campaign but on legal issues, like the volume and complexity of classified evidence.Setting a trial date for the documents case is the first and most basic logistical issue. But the possibility of indictments from two inquiries into Mr. Trump’s attempts to stay in power after the 2020 election, the federal investigation led by Mr. Smith and a state investigation overseen by Fani T. Willis, a district attorney in Georgia who has signaled that charges could come in August, may soon bump up against that.There is no overriding authority that acts as an air traffic controller when multiple judges are deciding dates that could conflict. Nor are there rules that give federal or state cases precedence or that say that any case that was charged first should go to trial first.Brandon L. Van Grack, a former prosecutor who worked on the Russia investigation led by the special counsel Robert S. Mueller III, pointed to that inquiry as an example. Prosecutors brought charges against Mr. Trump’s former campaign chairman, Paul Manafort, in two jurisdictions, first in the District of Columbia and then in the Eastern District of Virginia, but the trials took place in reverse order.“There was sensitivity to hearing dates, and it was incumbent on counsel to educate both judges on the scheduling and conflicts, but there wasn’t a rule that said the District of Columbia matter was charged first and therefore went to trial first,” he said. “It’s judicial discretion.”As an informal practice, Mr. Green said that judges overseeing potentially conflicting matters sometimes call each other and work out a calendar. No procedural rule authorizes such conversations, he said, but it is considered appropriate.Looming over Mr. Trump’s legal peril is an unwritten Justice Department norm known as the 60-day rule. As a primary or general election nears, prosecutors should not take overt actions that could improperly influence voting.It is not clear, however, how that principle applies to matters that are already public and so less likely to alter a candidate’s image. Notably, Raymond Hulser, a veteran prosecutor who has been consulted for years about how to apply the 60-day rule, is a member of Mr. Smith’s team.Further complicating matters, Mr. Trump has hired some of the same defense lawyers to handle multiple investigations against him, leaving them stretched for time.Christopher Kise, another lawyer for Mr. Trump, cited the former president’s crowded legal calendar at the hearing on Tuesday. Not only did Mr. Kise indicate that he would need to prepare for the fraud-related trials in October and January, but he also pointed to Mr. Blanche’s role in the criminal trial in March involving falsified business records in New York.“So these are the same lawyers dealing with the same client trying to prepare for the same sort of exercises, and so I think that’s highly relevant,” Mr. Kise said.Several legal experts said that while people have a Sixth Amendment right to choose their legal representation, it is not absolute. They noted that judges could tell defendants that, if their chosen lawyers are too busy to take on additional matters in a timely manner, they must hire others.Such an order would give Mr. Trump something more to complain about to an appeals court, said Professor Green, who added, “I think it’s probably a losing argument.”Alan Feuer More

  • in

    How Serious is No Labels?

    GOFFSTOWN, N.H. — “I’m not afraid of losing,” Senator Joe Manchin said, with some real charm and conviction, on Monday night.He offered this in the middle of a substantive point, about honesty and political strength, but in a weird venue: the first town hall put on by No Labels, the longstanding centrist group now threatening to run a third-party presidential ticket if Joe Biden and Donald Trump are nominated. To think about losing, and not being afraid to lose, at this event went to the thing people fear about No Labels right now.The idea behind the town hall itself was to draw attention to the group’s policy agenda, titled “Common Sense.” Those words were visible at least 26 times on No Labels backdrops and placards around the room at the New Hampshire Institute of Politics at Saint Anselm College. Staff members wore “Common Sense” T-shirts and handed out “Common Sense” hats and “Common Sense” booklets. Inside those booklets, prospective voters find proposals on entitlements, a vow to keep artificial intelligence research rolling, some interesting ideas about changing the way credit scores work and centrist platitudes on immigration and abortion. The idea is: On this we agree.At the actual event, though, in response to a woman’s question about climate change, Mr. Manchin, Democrat of West Virginia, and John Huntsman, a Republican former governor of Utah, ended up disagreeing about carbon pricing. (Mr. Huntsman brought it up, then Mr. Manchin volunteered that he’s always been against it.) Whether No Labels is for or against carbon pricing was seemingly never resolved at the event, even though it’s exactly the kind of thing two No Labels-types would agree on during a panel in Aspen or Davos. Faced with the minor disproof of concept, the event’s moderator asked the pair, “If there is a Republican and a Democrat who are in the White House, together, how would that work?”“It would work a helluva lot better than what we have today,” Mr. Huntsman cracked to laughter and so forth from the crowd. The moderator tried again: How would this actually work?“Nobody knows because we’ve never tried it,” Mr. Huntsman replied, which produced a slight hitch in the crowd, since people’s tolerance for the unknown has probably decreased over the past decade. “Well, they tried it in 1864,” Mr. Manchin, added, which produced an uneasier noise in the crowd.People talk about this thing as if it must be a dark-money plot to tip the election Donald Trump’s way. But while No Labels says it will proceed only if it thinks the unity ticket could actually win, the compelling, magnetic quality of this effort is its opaqueness. It’s really not clear what exactly No Labels is doing or why.At times, the entire enterprise seems more like an attractive market opportunity (the opportunity made possible by our national unhappiness) — like seeing a spike in electric vehicle production and buying up mineral rights to mine lithium. But even then, it’s not clear who in the No Labels universe believes what: Is threatening to run a third-party candidate a leverage thing? Against whom? Do they think that the right unity ticket could reach the ephemeral threshold of belief where enough voters think they could win to make the ticket viable?No Labels won’t say yet who’s funding it, or who its candidates will be or which party will take the presidential slot. There will be a convention, in April in Dallas, with delegates, but who are the delegates going to be? One of the Maine voters who accidentally switched their party registration to No Labels? The group rarely if ever seems to mention the circumstance where setting up the logistically challenging mechanisms for a backup candidate would make sense: for instance, if Mr. Biden withdrew late from the presidential race. If Mr. Biden weren’t president, he might even be the hypothetical candidate that Joe Lieberman, a No Labels co-chair — also present in New Hampshire — would be calling for.At least one No Labels board member has quit over the likelihood that the group could help re-elect Mr. Trump. At least one local chapter says it isn’t interested in the idea of a third-party run. On the anniversary of D-Day, Third Way (a different centrist group) convened a wide array of figures, including former Obama campaign advisers and former senators such as Heidi Heitkamp, to meet about how to stop No Labels. Dick Gephardt, a former House majority leader, is planning to establish a different group to stop No Labels.Since its beginning more than a decade ago, No Labels has taken on a dislocated, strange quality. Nine years ago, Mr. Manchin actually quit when the group endorsed Republican Cory Gardner (who is no longer in the Senate) against Democrat Mark Udall (also no longer in the Senate). In 2015, two of the three senators who were members of the group’s Problem Solvers Caucus were Republican Kelly Ayotte (who lost in 2016) and Democrat Bill Nelson (who lost in 2018). People tend to become “bipartisan problem solvers” in districts and states that routinely flip back and forth between parties. For a long time, No Labels members have been disappearing, or about to disappear or reappearing after a loss in this way.But it’s not just impermanence — there’s always been a kind of detachment from reality, too. No Labels is dedicated to bipartisanship and working together, leaning on the ways staying in Washington for decades creates the kind of personal, fruitful relationships better able to solve problems. Zoom out, though, and the entire life span of No Labels coincides with a period defined by how much voters hate Washington.In our time of No Labels, politics has taken such an apocalyptic, nihilistic turn that a mob tried to ransack the Capitol while we were midway through a once-a-century pandemic. It’s hard to believe sometimes that when robots can think and it’s 120 degrees in Arizona, No Labels is throwing out PoliSci seminar ideas about rejiggering how speakers of the House are chosen. The “Common Sense” booklet mentions, in a section on how expensive health care is, how Congress hasn’t tackled tort reform. Whose fault was that?No Labels’s dissociation from the problems it identifies comes through in weirder, more absurd, more hostile ways at times. At the event this week, a reporter asked Chris Sununu, the governor of New Hampshire, whether he’d endorse a No Labels candidate, to which he immediately replied, “I’m a Republican!” while what sounded like Frank Sinatra’s “New York, New York” played over the loudspeakers.In May, when a Problem Solvers Caucus member, Representative Brad Schneider of Illinois, said he wasn’t into this idea of a third-party ticket, No Labels sent this insane text to voters: “We were alarmed to learn that your U.S. Rep. Brad Schneider recently attacked the notion that you should have more choices in the 2024 presidential election.”On Monday night, when the moderator asked about the widely shared concern that No Labels would throw the election in Mr. Trump’s direction, Mr. Huntsman said this was “the latest talking point” and then actually compared No Labels critics to Russian and Chinese authoritarians. “So if you live in a place like China or Russia — and I’ve lived in both, running both U.S. embassies — they don’t allow any choice,” he said. “There’s no participation. They’re complete, pure authoritarian systems. So when I start hearing people here say, ‘That’s not a good thing. You shouldn’t do things to expand and enhance our participation in the system. It might result in A, B or C losing,’ I say, ‘I’ve heard that before — but not in this country.’”Alongside the group’s strangeness, there’s also been an earnestness that in the end, people still want the kinds of things they wanted before, in the 1990s and 2000s in particular. No Labels is this last refuge, a resting place inside and outside the two parties and a half-finished Washington dreamscape. In New Hampshire, the Manchin-Huntsman event drew a crowd that on the surface looked like a Republican event of 20 years ago — collared shirts in shades of blue. That kind of voter, in New Hampshire or suburban Atlanta or Colorado, can feel the Republican Party falling away from them in real time.And the country can feel like it’s in fading, chaotic straits more often than anyone would like. Voters do not want what they seem likely to get in a Biden-Trump rematch. This fact is the firm but vibrating floor beneath the No Labels project and the panic it has produced — the recognition that we’re approaching a 2024 election that will make American voters unhappy. But how unhappy? Unhappy enough to resume voting for protest candidates? Unhappy enough to vote for a mystery unity ticket, only on the principle of their unhappiness?I don’t know that the electoral effects of No Labels are as clear as people say. It’s possible that running Mr. Manchin and Larry Hogan, a former governor of Maryland, would peel off those old-school suburban Republicans who voted for Mr. Biden, or that those voters might be the ones who would otherwise stay home or return to the Republican fold, or that few people would risk a third-party vote anyway. What is real, though, in a deep and human way, is that plenty of people fear a second Trump term and are dissatisfied with how life is in America. And No Labels is here to take advantage of that sadness with a half-finished idea.Katherine Miller is a staff writer and editor in Opinion.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: [email protected] The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Biden Attacks Trump and MAGA but Avoids Indictment Talk

    The president has taken swipes at Republicans, including a video playfully featuring Marjorie Taylor Greene as a narrator, but he and his allies are avoiding one target: his predecessor’s legal woes.For months, President Biden has appeared to delight in needling Donald J. Trump and his Republican allies, trying at every turn to make MAGA and ultra-MAGA a shorthand for the entire party.This week, Mr. Biden cheekily highlighted a video in which Representative Marjorie Taylor Greene of Georgia derisively ticks through his first-term accomplishments and likens him — not positively — to Franklin Delano Roosevelt. “I approve this message,” the president commented on the video, which was viewed more than 43 million times in 24 hours.Mr. Biden recently did a victory lap when Senator Tommy Tuberville of Alabama promoted local spending in the bipartisan infrastructure bill, which Mr. Tuberville had voted against.And his campaign took a shot at Mr. Trump for not visiting Wisconsin during his current presidential bid, accusing him of a “failure to deliver on his promised American manufacturing boom.”But when it comes to the topic dominating the presidential race this week, Mr. Biden and his top allies are treating Mr. Trump’s legal troubles like Voldemort — avoiding, at all costs, any mention of the indictments that must not be named.This moment comes after weeks of polling, both public and private, that suggests Mr. Trump, who is comfortably the front-runner in the Republican primary race, would be a weaker general-election opponent next year than Gov. Ron DeSantis of Florida or other G.O.P. candidates.The White House and the Biden campaign have not sent explicit instructions to surrogates and supporters telling them to steer clear of Mr. Trump’s legal issues, but plenty of those on Team Biden have gotten the message loud and clear: Don’t talk about the Trump indictments.“The American people want the judicial process to play out without interference from politicians,” said Representative Ro Khanna of California, a member of the Biden campaign’s national advisory board. “President Biden has his pulse on the sentiments of the American public by talking about what matters to them.”Mr. Biden has said he won’t comment on investigations into and charges against Mr. Trump — a reflection of his clear desire not to be seen as intruding on Justice Department independence, as well as the political imperative of deflecting Republicans’ relentless, evidence-free accusations that he is the hidden hand behind the prosecutions.The Biden campaign and the Democratic National Committee have repeatedly declined to comment or answer questions about Mr. Trump’s indictments. The White House press secretary, Karine Jean-Pierre, has dodged numerous questions about Mr. Trump’s legal travails in recent weeks.“I’m just not going to respond to any hypotheticals that’s currently, you know, out there in the world,” Ms. Jean-Pierre said Tuesday after Mr. Trump revealed he had received a so-called target letter from federal investigators, a sign that he could soon be indicted in the investigation into the events that culminated in the Capitol riot. “Just not going to comment from here.”The Biden world’s approach to Mr. Trump’s indictments echoes how Democrats handled Mr. Trump, then the president, during the 2018 midterm elections.Scores of resistance-fueled Democrats ran for and won House seats by focusing on health care policy without placing Mr. Trump at the center of their campaigns. They didn’t have to talk Trump then, the thinking went, because voters had already made up their minds about him.“He is omnipresent and the voters who are motivated to vote against him and his party already know what they need to know,” said Meredith Kelly, a strategist who worked for the House Democrats’ campaign arm in 2018. “This allowed congressional candidates to talk about real kitchen-table issues impacting families and continues to be the case this cycle as he looms large over the battlefield in 2024.”There’s also little question that polling shows Mr. Biden is stronger against Mr. Trump than Mr. DeSantis or others, giving the president little incentive to do anything to hurt Mr. Trump’s standing among Republican primary voters.A Michigan poll conducted last week by a Republican-leaning polling firm found Mr. Biden up by a percentage point against Mr. Trump but down by two to Mr. DeSantis. The same firm’s poll of Nevada showed Mr. Biden up by four against Mr. Trump and trailing Mr. DeSantis by two. And in Wisconsin, a poll last month from Marquette University Law School found Mr. Biden with a nine-point lead over Mr. Trump but a two-point lead over Mr. DeSantis.According to the Marquette pollster, Charles Franklin, both Mr. Trump and Mr. DeSantis hold support from hard-core Republicans in a matchup against Mr. Biden, but among Republican-leaning independents, Mr. Trump’s support drops while Mr. DeSantis’s does not.The public polling aligns with the White House’s own polling of battleground states.One person who is more than happy to amplify discussions about the investigations and indictments is Mr. Trump himself. It was the former president, of course, who revealed that he had received the target letter.“Crooked Joe Biden has weaponized the Justice Department to go after his top political opponent, President Trump, who is the overwhelming front-runner to take back the White House,” said Steven Cheung, Mr. Trump’s campaign spokesman. “Biden wants to meddle in the election because he knows he stands no chance against President Trump.”Mr. Biden’s campaign on Wednesday referred to Representative Marjorie Taylor Greene as an “unintentional campaign” spokeswoman.Saul Martinez for The New York TimesThe Biden campaign’s video of Ms. Greene served to tweak and elevate one of Mr. Trump’s staunchest far-right supporters and promote Mr. Biden’s own record without getting into the legal cases against Mr. Trump. Polling conducted for the White House last year found that Ms. Greene was known and disliked by a large portion of voters and that independent voters associated her with Mr. Trump’s MAGA movement.Mr. Biden’s campaign referred to her on Wednesday as an “unintentional campaign” spokeswoman.“Joe Biden had the largest public investment in social infrastructure and environmental programs that is actually finishing what F.D.R. started, that L.B.J. expanded on, and Joe Biden is attempting to complete,” Ms. Greene said at the Turning Point Action conference over the weekend, in the video clipped by the Biden campaign.The result is a crisp 35-second video, distributed on Mr. Biden’s Twitter feed with the introduction, “I approve this message.”The clip was similar to the moment last month when Mr. Biden highlighted unusual and unexpected support from another Trump-centric Republican, Senator Tuberville, who praised spending in Alabama from the infrastructure law, which Mr. Biden signed and the senator had voted against.In that instance, Mr. Biden played up Mr. Tuberville’s support during a Chicago speech, theatrically drawing the sign of the cross on his chest as if the senator had undergone a political conversion.The president has previously sought to draw attention to Ms. Greene, who is already a leading social media and fund-raising star in the Republican Party. During a speech this month in South Carolina, he said that he would soon make a visit to her northwest Georgia district to celebrate the beginning of construction of a solar power manufacturing plant there.The crowd laughed. Mr. Biden has not yet scheduled a trip to the groundbreaking. More

  • in

    Are We Doomed to Witness the Trump-Biden Rematch Nobody Wants?

    Have you met anyone truly excited about Joe Biden running for re-election? And by that, I mean downright Obama-circa-2008 energized — brimming with enthusiasm about what four more years of Biden would bring to our body politic, our economy, our national mood, our culture?Let’s be more realistic. Is there a single one among us who can muster even a quiet “Yay!”? And no, we’re not counting the guy who sounds like he’s performing elaborate mental dance moves to persuade himself nor anyone who is paid to say so. According to a recent report in The Times, Biden’s fund-raising thus far doesn’t exactly reveal a groundswell of grass roots excitement.Instead, most Democrats seem to view what looks like an inexorable rematch between Biden and Donald Trump with a sense of impending doom. My personal metaphor comes from Lars von Trier’s film “Melancholia,” in which a rogue planet makes its way through space toward an inevitable collision with Earth. In that film, the looming disaster symbolized the all-encompassing nature of depression; here, the feel is more dispiritedness and terror, as if we’re barreling toward either certain catastrophe or possibly-not-a-catastrophe. Or it’s barreling toward us.A Biden-Trump rematch would mean a choice between two candidates who, for very different reasons, don’t seem 100 percent there or necessarily likely to be there — physically, mentally and/or not in prison — for the duration of another four-year term.To take, momentarily, a slightly more optimistic view, here is the best case for Biden: His presidency has thus far meant a re-establishment of norms, a return to government function and the restoration of long-held international alliances. He has presided over a slow-churning economy that has turned roughly in his favor. He’s been decent.But really, wasn’t the bar for all these things set abysmally low during the Trump administration (if we can even use that word given its relentless mismanagement)? We continue to have a deeply divided Congress and electorate, a good chunk of which is still maniacally in Trump’s corner. American faith in institutions continues to erode, not helped by Biden’s mutter about the Supreme Court’s most recent term, “This is not a normal court.” The 2020 protests led to few meaningfully changed policies favoring the poor or disempowered.A Biden-Trump rematch feels like a concession, as if we couldn’t do any better or have given up trying. It wasn’t as though there was huge passion for Biden the first time around. The 2020 election should have been much more of a blowout victory for Democrats. Yet compared with his election in 2016, Trump in 2020 made inroads with nearly every major demographic group, including Blacks, Latinos and women, except for white men. The sentiment most Democrats seemed to muster in Biden’s favor while he was running was that he was inoffensive. The animating sentiment once he scraped by into office was relief.This time, we don’t even have the luxury of relief. In the two other branches of government, Democrats have been shown the perils of holding people in positions of power for too long — Ruth Bader Ginsburg in the judiciary and Dianne Feinstein in the legislature. Democrats and the media seem to have become more vocal in pointing out the hazards of Biden’s advancing age. In an April poll, of the 70 percent of Americans who said Biden shouldn’t run again, 69 percent said it’s because of his old age.That old age is showing. Never an incantatory speaker or a sparkling wit, Biden seems to have altogether thrown in the oratorical towel. Several weeks ago, he appeared to actually wander off a set on MSNBC after figuratively wandering through 20 minutes of the host Nicolle Wallace’s gentle questions. In another recent interview, with Fareed Zakaria, when asked specific questions about U.S.-China policy, Biden waded into a muddle of vague bromides and personal anecdotes about his travels as vice president with China’s leader, Xi Jinping. When asked point blank whether it’s time for him to step aside, Biden said, almost tangentially, “I just want to finish the job.”But what if he can’t? Kamala Harris, briefly a promising figure during the previous primary season, has proved lackluster at best in office. Like Biden, she seems at perpetual war with words, grasping to articulate whatever loose thought might be struggling to get out. The thought of her in the Oval Office is far from encouraging.One clear sign of America’s deepening hopelessness is the weird welcoming of loony-tune candidates like Robert Kennedy Jr., who has polled as high as a disturbing 20 percent among Democratic voters. Among never-Trumpian Republicans, there is an unseemly enthusiasm for bridge troll Chris Christie, despite his early capitulation to Trump, for the sole reason that among Republican primary candidates, he’s the one who most vociferously denounces his former leader. And a Washington nonprofit, No Labels, is gearing up for a third-party run with a platform that threatens to leach support from a Democratic candidate who is saddled with a favorable rating of a limp 41 percent.Trump, of course, remains the formidable threat underlying our malaise. Though he blundered into office in 2016 without a whit of past experience or the faintest clue about the future, this time he and his team of madmen are far better equipped to inflict their agenda. As a recent editorial in The Economist put it, “a professional corps of America First populists are dedicating themselves to ensuring that Trump Two will be disciplined and focused on getting things done.” The idea that Trump — and worse, a competent Trump — might win a second term makes our passive embrace of Biden even more nerve-racking. Will we look back and have only ourselves to blame?It is hard to imagine Democrats, or most Americans, eager to relive any aspect of the annus horribilis that was 2020. Yet it’s as if we’re collectively paralyzed, less complacent than utterly bewildered, waiting for “something” to happen — say, a health crisis or an arrest or a supernatural event — before 2024. While we wait, we lurch ever closer to something of a historical re-enactment, our actual history hanging perilously in the balance.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: [email protected] The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More