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    Fox News Remains an Aberration in American Journalism

    The decision by Dominion Voting Systems on Tuesday to settle its defamation suit against Fox News is no doubt a disappointment to the many people who have been viciously demeaned and insulted by the network’s hosts over the years and who now won’t get to see those hosts writhe on the witness stand as they are forced to admit their lies. But the settlement is also a lost opportunity for the profession of journalism.A six-week trial, especially if it ended in a victory for Dominion, could have demonstrated to the public in painstaking detail what an abject aberration Fox has become among American news organizations. In-person testimony would have illustrated what the pre-trial evidence had begun to show: that Fox hosts and executives knew full well that the conspiracy theories they peddled about the outcome of the 2020 election were false, but they broadcast them anyway to hang on to viewers who didn’t want to hear the truth. A loss by Fox, with a staggering damage award, would have demonstrated that its behavior was so exceptional and outrageous that it had to be punished.People inclined to believe that all news organizations deliberately lie to build their audience may not consider Fox’s actions to be the least bit aberrant. But if that were true, there would be a lot more trials like the one that almost happened in this case. In fact, there have been very few media trials in recent years — usually in the single digits each year, according to one study — compared with the thousands of civil trials each year. Most defamation cases are dismissed before they ever get near a trial, in part because the plaintiff could not come close to proving a news organization met the “actual malice” standard set out in the landmark New York Times v. Sullivan case of 1964, but also often because the plaintiff couldn’t even convince the judge that the defamatory material was false. News organizations also win dismissals by persuading judges that the material at issue was a legitimate opinion or was a “fair report” of allegations made at a public meeting or trial.Fox couldn’t persuade a judge of any of those defenses. In fact, the judge in this case, Eric Davis, ruled in March that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true” — a decision that was a huge setback for Fox and may have led to its eagerness to settle the case.Most defamation cases that are not dismissed are settled before trial, and the Dominion case essentially fits that pattern even though a jury had already been selected. But the size of the monetary settlement that Fox must pay, $787.5 million, also makes it a huge outlier. The next-largest publicly disclosed settlement of a defamation case against a major news organization was reached in 2017, when ABC News settled a case for at least $177 million. (Alex Jones, who was ordered last year to pay over $1.4 billion to families of victims in the Sandy Hook shooting, is not part of a legitimate news organization.)Still, nothing would have compared with a full-length trial in this case and a victory for Dominion, which many legal experts said was a strong possibility. That kind of defeat for a major news organization almost never happens, and the reason is that unlike their counterparts at Fox, journalists in conventional newsrooms don’t actually plot to deceive their audiences. They might make mistakes, they might be misled by a source or cast a story in a way they later regret, but with very rare exceptions they don’t deliberately lie.The emails and text messages demonstrating Fox’s knowing deceit, which came out in pre-trial discovery, were shocking both in their cynicism and in their deviation from industry norms. Vociferous press critics on the right and the left will scoff at this notion, but the fact is that journalists in functional newsrooms want to tell the truth. And they do so not because they fear getting sued but because that’s why they got into the business. I’ve worked for more than four decades in six American newsrooms, large and small, and the pattern of behavior shown by Fox would have been unthinkable in any of them at any time.That’s why a loss by Fox would not have raised significant press freedom issues, nor would it have increased the threat that journalists would regularly be sued for defamation. Because of the Sullivan case, news organizations are protected from libel judgments if they do not recklessly disregard the truth or engage in actual malice, which almost all newsrooms scrupulously avoid doing. Fox, however, sped right past those red lights, got caught and then spent an enormous amount of money to avoid the stain of a potential guilty verdict and the spectacle of its chairman, Rupert Murdoch, testifying to its dysfunction. (The company again demonstrated its disdain for the truth by issuing a statement on Tuesday afternoon saying the settlement demonstrated its “commitment to the highest journalistic standards.”) A second chance at clarity is coming with a libel suit against Fox by a different voting-technology company, Smartmatic. Maybe this time the opportunity to perform a public service by conducting a trial will outweigh the temptation of a Fox settlement offer.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

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    Fox Settles Dominion Suit, but Smartmatic Case and Others Loom

    Another election technology company, Smartmatic, is suing news outlets, including Fox, over false claims of election fraud, and Dominion has other cases pending.On Tuesday, Fox News hastily agreed to pay $787.5 million to resolve a defamation suit filed by Dominion Voting Systems — among the largest settlements ever in a defamation case — just hours after the jury for the trial was selected. In addition to the whopping financial settlement, Fox conceded that “certain claims” it had made about Dominion were false.In settling with Dominion, the network avoided the possible embarrassment of a trial that could have exposed its inner workings. Rupert Murdoch, the 92-year-old Fox News founder, and the Fox host Tucker Carlson were potential witnesses.Dominion sued the cable news network two years ago, after it aired stories falsely claiming that Dominion’s voting machines were susceptible to hacking and had flipped votes to Joseph R. Biden Jr. that had been cast for Donald J. Trump, who was president.But the settlement with Dominion is not the only legal action that some news outlets are facing after making bogus claims about the 2020 elections.Dominion v. NewsmaxNewsmax apologized in 2021 for spreading false claims that a Dominion employee rigged voting machines.Callaghan O’Hare/ReutersIn 2021, the right-wing news outlet Newsmax formally apologized for spreading false allegations that an employee of Dominion had rigged voting machines. In a statement on its website, Newsmax said it had found “no evidence” that the Dominion employee, Eric Coomer, had manipulated voting machines in an effort to sabotage Mr. Trump’s re-election bid.“On behalf of Newsmax, we would like to apologize for any harm that our reporting of the allegations against Dr. Coomer may have caused to Dr. Coomer and his family,” the statement said.Dominion also sued Mike Lindell, the chief executive of MyPillow and an outspoken supporter of the former president, and two of Mr. Trump’s lawyers, Sidney Powell and Rudy W. Giuliani, for their baseless claims about election fraud. In 2021, a federal judge refused to throw out the suits against them. And in October, the Supreme Court declined to consider Mr. Lindell’s bid to fend off his suit. This month, he told The New York Times, “I will never back down, ever, ever, ever.” The lawsuits are ongoing.Smartmatic v. Fox NewsIn 2021, Fox News was also sued by Smartmatic, which provided voting technology in Los Angeles County for the 2020 election. In its complaint, Smartmatic wrote, “Fox joined the conspiracy to defame and disparage Smartmatic and its election technology and software,” adding, “The story led a mob to attack the U.S. Capitol.” The suit, filed in New York State Supreme Court, seeks at least $2.7 billion in damages.In February, a New York appeals court denied Fox’s request to dismiss the case, and a New York judge said last month that the case could proceed. A trial date has not been set.“We will be ready to defend this case surrounding extremely newsworthy events when it goes to trial, likely in 2025,” Fox News said in a statement on Wednesday.Smartmatic v. NewsmaxSmartmatic also brought defamation litigation against Newsmax, accusing it of spreading falsehoods about the company. Judge Eric M. Davis, who was also assigned to the Fox-Dominion trial, will preside. In February, Newsmax lost its bid to end the litigation, and Judge Davis let the case move forward.Smartmatic v. One America NewsThe headquarters of One America News in San Diego.The New York TimesIn 2021, Smartmatic also sued One America News Network, accusing the news organization of airing disinformation about the 2020 election even after the company warned it to stop. In June, a judge denied a request to dismiss the lawsuit.Lou DobbsThis month — days before jury selection began for the Dominion case — Fox News and Lou Dobbs, a former longtime Fox Business host and loyal Trump supporter, settled a defamation case with Majed Khalil, a Venezuelan businessman. Mr. Dobbs and Ms. Powell, a regular guest on Fox News, falsely claimed on the air and in related Twitter posts that Mr. Khalil had been part of a conspiracy to flip votes. One of the tweets said he was “the effective ‘COO’ of the election project.” Fox canceled Mr. Dobbs’s show in February 2021. More

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    Top Trump adviser to be interviewed by special counsel prosecutors

    Donald Trump’s senior adviser and legal counsel Boris Epshteyn is scheduled to be interviewed on Thursday by special counsel prosecutors investigating the former president’s retention of classified-marked documents at his Mar-a-Lago resort and his role in the January 6 Capitol attack.The investigation Epshteyn is being asked to talk about – potentially both – remains unclear, according to a person familiar with the matter who confirmed the meeting on the condition of anonymity. His lawyer could not immediately be reached for comment.But the interview, which was requested by special counsel prosecutors, marks a moment of potential peril for Trump given Epshteyn has been one of his closest advisers in recent years, with more knowledge about the former president’s legal entanglements than perhaps anyone else.Throughout the Mar-a-Lago documents case, Epshteyn has simultaneously been a member of Trump’s inner circle as a senior adviser on the 2024 campaign, and a member of the Trump legal team as the project-manager-esque person leading the civil and criminal lawyers as the in-house counsel.The dual roles mean Epshteyn is considered to have the most insight into decisions taken by Trump and others as the investigation has progressed – the sort of behind-the-scenes knowledge most prized by prosecutors in high-profile criminal cases.Whether Epshteyn has legal exposure himself remains unclear. But he played a role in the Trump legal team’s botched response to a grand jury subpoena last year that demanded the return of any classified-marked documents before the FBI seized 101 such papers at Mar-a-Lago.In that episode, Epshteyn coordinated the two Trump lawyers who were involved in turning over some classified-marked documents to the justice department and signing an attestation letter certifying compliance with the subpoena, which later turned out to be false.The scheduled interview with Epshteyn was the topic of conversation among some of the Trump lawyers on Wednesday morning, who have made their dislike of working with him known internally, complaining that he acts as a gatekeeper to Trump and gave him poor predictions in the Manhattan hush-money case.But Trump has prized Epshteyn’s personal loyalty to him, and despite asking associates at the start of the year whether he was doing a “good job” after a series of legal defeats in court and having his phone seized by the FBI in the January 6 investigation, has kept him as a trusted member of his inner circle.The documents case has proved tricky for the entire Trump legal team, with prosecutors unusually focused on the behavior of the lawyers.Epshteyn’s interview makes him the fifth Trump lawyer to have formally spoken with justice department officials or testified before the grand jury in Washington hearing evidence about the former president’s potential mishandling of classified documents and obstruction of justice.The grand jury most recently heard testimony from Evan Corcoran, who led the initial search of Mar-a-Lago after Trump received the subpoena and was ordered to turn over detailed notes, because of the so-called crime-fraud exception to attorney-client privilege protections.Before Corcoran testified, his co-counsel Tim Parlatore was subpoenaed to testify about additional searches of Mar-a-Lago he led after the justice department believed Trump might have additional classified-marked documents in his possession. Alina Habba and Christina Bobb have also testified to the grand jury. More

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    Robert F. Kennedy Jr. Makes His White House Run Official

    Announcing his long-shot bid to challenge President Biden, he spoke to a crowd of people who voiced their shared skepticism about vaccines and the pharmaceutical industry.More than half a century after his father sought the White House to end a calamitous war in Vietnam and to salve the country’s racial wounds, Robert F. Kennedy Jr. announced a presidential campaign on Wednesday built on re-litigating Covid-19 shutdowns and shaking Americans’ faith in science.Mr. Kennedy, a California resident, traveled to Boston, once the citadel of his family’s power, to declare that he would challenge President Biden for the Democratic nomination in a long-shot bid for the White House.Appearing at the Park Plaza Hotel — a favorite fund-raising venue of his uncle Ted Kennedy’s — he sought to wrap himself in the Kennedy political luster.The event was saturated, in words and images, with reminiscences of Mr. Kennedy’s father as well as another uncle, President John F. Kennedy.In a rambling speech lasting nearly two hours, Mr. Kennedy, 69, evoked his father’s 1968 campaign and death, and spoke in detail about his career as an environmental lawyer decades ago. He also aimed criticisms at the pharmaceutical industry, big social media companies that he accused of censorship, Mr. Biden’s commitment to the war in Ukraine and former President Donald J. Trump’s “lockdown” of the country early in the pandemic.“This is what happens when you censor somebody for 18 years,” Mr. Kennedy said, a reference to his complaint that social media platforms and the mainstream media have not given him a fair hearing. “I got a lot to talk about. They shouldn’t have shut me up for that long because now I’m really going to let loose on them for the next 18 months. They’re going to hear a lot from me.”Late in his speech, an alarm sounded and an announcement asked people to evacuate. Nobody moved. “Nice try,” Mr. Kennedy said, and continued to speak.Numerous attendees, who had come from Boston, neighboring New England states and Florida, recounted in interviews their skepticism about vaccines and the pharmaceutical industry.While polls show that up to half of Democrats want someone besides Mr. Biden as their 2024 nominee, no party leader has stepped up with a challenge, and past opponents have rallied to the president’s side. Mr. Kennedy is the latest in a history of fringe presidential aspirants from both parties who run to bring attention to a cause, or to themselves.For Mr. Kennedy, that cause is vaccine skepticism, which he cloaked in terms of truth-seeking and free speech, a crusade that in the past led him to falsely link childhood vaccines to autism. At the height of the Covid-19 pandemic, he sought to undermine public trust in vaccines, comparing government efforts to impose mandates in some places to “Hitler’s Germany.” Both Facebook and Instagram took down accounts of a group he runs for spreading medical misinformation.Family members have accused Mr. Kennedy of sowing distrust in the science behind vaccines. His campaign has appalled members of his famous Democratic clan.“I love my brother Bobby, but I do not share or endorse his opinions on many issues, including the Covid pandemic, vaccinations and the role of social media platforms in policing false information,” Kerry Kennedy, a sister of Mr. Kennedy’s, said in a statement.Bob Shrum, a former aide to Ted Kennedy, said Mr. Kennedy’s attacks on Dr. Anthony S. Fauci and the federal government’s top medical and scientific agencies would have infuriated his uncle. “It’s contrary to everything his uncle Ted Kennedy ever did,” he said. “He called health care the cause of his life.”In a statement of his own, Mr. Kennedy said he had made a “difficult choice to put my principles ahead of my personal affections” for Mr. Biden. “Some members of my family agree with me and others do not,” he added. “I bear them no ill will.”On Wednesday in Boston, Mr. Kennedy was introduced by his wife, Cheryl Ruth Hines, an actress, and he pointed out his children and grandchildren seated in a balcony of the hotel ballroom. But there was a notable absence of members of his family who have made careers in politics. A number of them affirmed their support for Mr. Biden’s re-election in recent days, part of a decades-long alliance between the Biden and Kennedy families.Ted Kennedy’s widow, Victoria Reggie Kennedy, is Mr. Biden’s ambassador to Austria. Caroline Kennedy, the daughter of President Kennedy, is ambassador to Australia. And Joe Kennedy III, a grandson of Robert F. Kennedy, is Mr. Biden’s special envoy to Northern Ireland, who flew with him this month to Belfast.Though his campaign is unlikely to pose a serious threat to Mr. Biden, the strength of emotions expressed by his supporters on Wednesday pointed to a group that is angry and distrustful of traditional Democrats when it comes to vaccines. Any link between childhood vaccines and autism has been widely rebuked by peer-reviewed scientific studies. Covid vaccines, which have been administered to millions of Americans, are safe and effective, according to the Centers for Disease Control. Nonetheless, misinformation about vaccines swirls online.Attendees, echoing Mr. Kennedy, took aim at a corrupt alliance of big business and government.“The Covid vaccines are not effective and not safe,” maintained Claire Mortimer, 69, a nurse practitioner who drove from Brooklin, Maine, to hear Mr. Kennedy. “I believe that only Bobby Kennedy Jr. is capable of getting rid of the corruption that is so deeply embedded in every agency of our government.”Andy Migner, 67, who works in regenerative healing in Boston, described herself as a “lifetime Democrat” who now feels politically homeless. She said “our ability to question,” as well as journalism and public debate, “has gone down the tubes.” More

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    Pro-DeSantis PAC Makes Hires in Iowa, New Hampshire and South Carolina

    The Florida governor has not entered the 2024 race yet, but a super PAC supporting him is laying the groundwork for his likely run.Gov. Ron DeSantis of Florida and his allies are expanding his political footprint in key states that will begin the 2024 presidential nominating contest, with the main super PAC backing his bid making hires in Iowa, New Hampshire and South Carolina and an operative with recent Iowa experience joining the payroll of the Republican Party of Florida.The Iowa strategist, Sophie Crowell, managed the successful re-election campaign of Representative Ashley Hinson, Republican of Iowa, in 2022, and is now working for the state party in Florida, according to people familiar with her hiring. The party is serving as a way station where Mr. DeSantis has been adding strategists and policy advisers who are expected to eventually work on his likely 2024 run.Mr. DeSantis has not yet declared his bid, but a pro-DeSantis super PAC, Never Back Down, has acted as something of a campaign-in-waiting, hiring staff members and responding to regular attacks from former President Donald J. Trump. Almost as significantly, it has engaged with mainstream news organizations that Mr. DeSantis instinctively shuns.The super PAC previously announced that it had raised $30 million in its first three weeks, as major donors poured money into the group in a bid to slow the momentum of Mr. Trump, the Republican polling front-runner.Never Back Down has begun answering a pro-Trump group’s ads on television and is now building out a team in the important states that kick off the race. David Polyansky, who held senior posts on the 2016 presidential campaigns of former Gov. Scott Walker of Wisconsin and Senator Ted Cruz of Texas, is overseeing the hiring, according to people briefed on the process. The recent hires are expected to constitute only the first wave of additions in early states.In Iowa, the pro-DeSantis group has hired Tyler Campbell, who previously served as campaign manager for the state’s agriculture secretary, Mike Naig, and now runs his own political consulting firm.In New Hampshire, the PAC has hired Ethan Zorfas, another veteran of the Cruz campaign and a close ally of the strategist Jeff Roe, who is overseeing Never Back Down’s strategy.Mr. Zorfas, who served as chief of staff to the state’s last Republican congressman, Frank Guinta, attended Mr. DeSantis’s speech on Friday in New Hampshire at a state party dinner. Mr. Zorfas worked for the congressional campaign of Karoline Leavitt in New Hampshire last year. Ms. Leavitt won the primary but lost the general election and is now working for a pro-Trump super PAC.In South Carolina, the group has hired Michael Mulé, who runs a political consulting firm in Charleston that has done extensive work in the state and beyond.Mr. DeSantis’s allies have made clear that he is unlikely to formally enter the race before the end of the Florida legislative session in early May. Mr. DeSantis has more than $85 million remaining in his state-level PAC, which is widely believed to be eligible to be transferred to the super PAC if and when he enters the 2024 contest.Mr. DeSantis has already traveled to all three early states in 2023 and was in South Carolina on Wednesday, speaking in North Charleston and talking about his “Florida blueprint” for the nation. More

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    Biden Summons Big Donors to Washington as 2024 Campaign Nears

    The gathering is the latest in an intensifying series of planning moves ahead of Mr. Biden’s expected announcement of a re-election bid.Top donors to President Biden have received a last-minute invitation to travel to Washington at the end of next week to see Mr. Biden as he gears up for a 2024 campaign, according to more than a half-dozen people who have been invited to or briefed on the event.Invitations are going out to some of the biggest donors and bundlers for Mr. Biden’s 2020 campaign — those who donated or raised at least $1 million, according to one person. The initial round of invitations is being made by phone instead of email.The event, which is not a fund-raiser, is seen as an effort to rally donors before what is expected to be an expensive 2024 run.The gathering is the latest in an intensifying series of discussions and planning meetings between the White House and Democratic National Committee officials ahead of Mr. Biden’s expected campaign. The president has said for months that he plans to run, and last week he said while traveling in Ireland that an announcement would come “relatively soon.”Even as Biden advisers say they feel under no immediate pressure to formally begin a campaign, there has been some discussion of an announcement as early as next week, which would coincide with the anniversary of Mr. Biden’s entry into the 2020 race.Some of the details of the donor event appear to still be coming together, but it is expected to include a meeting on Friday evening with Mr. Biden outside the White House, multiple people said. There might also be briefings from some of Mr. Biden’s top strategists on Saturday.One person familiar with the event described it as something of an outstretched hand after a relatively long drought of interactions between Mr. Biden’s world and some of its donors.Two governors who have previously been top Democratic fund-raisers, J.B. Pritzker of Illinois and Phil Murphy of New Jersey, have also been invited because of their past fund-raising, according to two people briefed on the event. Both have been seen as potential candidates in 2024 if Mr. Biden decides not to run.The White House and the Democratic National Committee did not immediately respond to requests for comment. More

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    ‘One of the Odd and Scary Things About American Politics’ Is What Republicans Are Doing

    Are democracies providing the rope to hang themselves?From Turkey to Hungary, from India to the United States, authoritarian leaders have gained power under the protective cloak of free elections.“There is no doubt that democratic processes and judicial decisions can be used to limit the power of the people, restructuring governments and institutions to make them less representative, more undemocratic,” Rogers Smith, a political scientist at the University of Pennsylvania told me, in response to my emailed inquiry.Smith continued:The classic examples are partisan gerrymandering and barriers to voting, but in recent years Republicans have gone further than ever before in using their overrepresentation in state legislatures to shift power to those legislatures, away from officeholders in Democratic-led cities, from officials elected statewide and from voters.Jack Goldstone, a professor of public policy at George Mason University, made a parallel argument by email:One of the odd and scary things about American politics, more reminiscent of the 19th century than anything in the post-World War II period, is that when the Republicans lost the presidential election in 2020 and did much worse than expected in 2022 (even worse than in a normal midterm contest), they did not abandon the leaders and policies that produced these results. Instead, they have doubled down on even more extreme and broadly unpopular leaders and policies, from Trump to abortion and guns.Goldstone believes that this developmentis a sign that normal politics have been replaced by extreme polarization and factional identity politics, in which the extremes grow stronger and drain the center. As a minority seeking to exercise control of government, it is actually necessary that the Trumpist G.O.P. suppress democratic procedures that normally produce majority control.If enough voters, Goldstone wrote,are deeply anxious or frightened of some real or imagined threat (e.g. socialism, mass immigration, crime, threats to their religion, transgender takeover), they may well vote for someone who promises to stand up to those threats, even if that person has no regard for preserving democracy, no regard for the rights and freedoms of those seen as “enemies.” If such a leader is elected, gets his or her party to control all parts of government, and wants to turn all the elements of government into a weapon to attack their enemies, no laws or other organizations can stop them.Goldstone warned “that should the Republicans manage to gain control of the House, Senate and presidency in 2024, building an electoral autocracy to impose their views without challenge will be their top priority.”There are two distinct mechanisms involved in overturning democracy, Goldstone argued:First, is controlling all elected and appointed elements of the government. If the same political party controls the House, Senate, judiciary and presidency, and disregards the principles of democracy and independence of officials, then sadly none of the institutions of democracy will prevent arbitrary and autocratic government.The second element, according to Goldstone, is unique to this country: “The United States has so many safeguards for minority rights that it is conceivable that a minority party could obtain complete control of all levers of government.”How so?The U.S. Senate is chosen on the basis of territory, not numbers, so that Wyoming and California both have two senators. Gerrymanders mean that states where Democratic and Republican voters are about even, like Wisconsin and North Carolina, have very unequal representation in Congress. Finally, the Electoral College method of aggregating state votes for president has meant that in 2000 and 2016 candidates with a minority of the people’s votes were elected.The consequences?“A determined effort to twist and benefit from these various opportunities and rules means that a party that represents a minority of the people can, in the U.S., control the House, Senate, and presidency,” Goldstone wrote, enabling “an oppressive government restricting freedom and ruling autocratically, and doing so to impose the goals and beliefs of a minority on an unwilling majority.”Robert Lieberman, a political scientist at Johns Hopkins and a co-author, with Suzanne Mettler, a political scientist at Cornell, of “Four Threats: The Recurring Crises of American Democracy,” argued in an email that “Democratic procedure is not a threat to democracy per se, but it is fair to say that it has vulnerabilities.”“Democratic procedures,” he continued, “are intended to provide a means to hold leaders accountable,” which include:Horizontal accountability — institutional checks and balances that enable public officials to hold each other accountable; and vertical accountability — ways for citizens to hold public officials accountable, such as elections or popular mobilization. In a well-functioning democracy, both kinds of accountability work together to limit the concentration of power in the hands of a single party or individual.But Lieberman pointed out, “Democratic procedures can also enable would-be authoritarians to undermine both kinds of accountability under the cloak of democratic legitimacy.”Democratic regimes, he wrote, “are less likely than in the past to be overthrown in a sudden violent burst, as in an overt coup d’état. Instead, democracies are more frequently degraded by leaders who use apparently legal, democratic means to hollow out democratic accountability.”Voter suppression or gerrymandering, Lieberman noted,can limit vertical accountability by making it harder for the opposition to win elections, while maneuvers such as court packing can lower barriers for a party in power to expand its power. And these kind of tactics can reinforce one another, as when the Supreme Court upheld the practice of partisan gerrymandering (in Rucho v. Common Cause). Taken together, these kinds of moves can enable a party to gain and keep power without majority support and increasingly unconstrained by public disapproval.How do authoritarian-leaning politicians gain the power to elude the institutional restraints designed to maintain democracy? Stephan Haggard, a professor at the School of Global Policy and Strategy at the University of California-San Diego, emailed me to say that “an important feature of populism is the belief in majoritarian conceptions of democracy: that majorities should not be constrained by horizontal checks, various rights, or even by the rule of law: Majorities should be able to do what they want.”This majoritarian conception of democracy, Haggard continued,is a leitmotif of virtually all democratic backsliding episodes. That the will of “the people” is being thwarted by an elite (read “deep state”) that must be purged. Of course, the definition of “the people” does not refer to everyone, but the favored supporters of the autocrat: whites in the U.S., Muslims in Turkey, Russian traditionalists and so on.One common characteristic of democratic backsliding, according to Haggard, is its incrementalism, which, in turn, mutes the ability of the public to perceive what is happening in front of its eyes:A constant refrain from observers who have weathered these systems is how difficult it is to be clear as to what is transpiring. This comes in part because autocrats lie and distort the truth — that is fundamental — but also because behaviors once thought out of bounds are normalized. Think Trump’s open racism or calls for violence against opponents at his rallies; all of that got normalized.Christina Ewig, a professor of public affairs at the University of Minnesota’s Humphrey School of Public Affairs, views contemporary challenges to democracy from another vantage point.In an email responding to my inquiry, Ewig wrote that she disagrees with the premise that democracy is providing the rope to hang itself. Instead, she argued, “Democracy and democratic procedure are not threats to democracy itself. Instead, anti-democratic actors that abuse the state are a threat to democracy.”The United States, Ewig continued, “shows evidence of becoming what the political scientists Steven Levitsky and Lucan Way call a ‘competitive authoritarian regime’ — a regime that is civilian, with formal democratic institutions, but in which incumbents ‘abuse’ the state to stay in power.”Prominent examplesinclude former President Trump’s attempts to influence Georgia officials to change election outcomes in November 2020, and then to impede the peaceful transfer of power on Jan. 6. Senator Mitch McConnell’s refusal to let President Obama nominate a Supreme Court justice is another. At the state level, Wisconsin Republicans, through district gerrymandering, have a chokehold on a purple state.All of these examples, Ewig argued,appear to be abuses of democracy rather than uses of democracy. Democracy requires an acceptance that one’s party will not always be a winner. But the Republican Party in the United States has, on more than one occasion, refused to lose.For now, Ewig wrote, the United States is not a competitive authoritarian regime. The results of the 2020 national elections and the institutional opposition to the insurrection in 2021 “helped to avoid that. But some U.S. states do look suspiciously competitive authoritarian.”Why is democracy under such stress now? There are many answers to that question, including, crucially, the divisiveness inherent in the elevated levels of contemporary polarization that makes democratic consensus so difficult to achieve.In an April 2021 paper, four scholars, Samuel Wang of Princeton, Jonathan Cervas of Carnegie Mellon, Bernard Grofman of the University of California-Irvine and Keena Lipsitz of Queens College, address the basic question of what led to the erosion among a substantial number of voters of support for democratic principles in a nation with a two-century-plus commitment to this tradition:In the United States, rules and institutions from 1790, when voters comprised white male landowners and slave owners in a nation of four million, were not designed to address today’s governance needs. Moreover, existing rules and institutions may amplify background conditions that drive polarization. The decline of civic life in America and the pluralism it once nurtured has hastened a collapse of dimensionality in the system.Americans once enjoyed a rich associational life, Wang and his colleagues write, the demise of which contributes to the erosion of democracy: “Nonpolitical associations, such as labor unions, churches, and bowling leagues, were often crosscutting, bringing people from different backgrounds into contact with one another, building trust and teaching tolerance.” In recent years, however, “the groups that once structured a multidimensional issue space in the United States have collapsed.”The erosion of democracy is also the central topic of a Feb. 13 podcast with Martin Wolf, a Financial Times columnist and the author of “The Crisis of Democratic Capitalism.” Wolf makes the case that “economic changes and the performance of the economy interacting produced quite a large number of people who feared that they were becoming losers. They feared that they risked falling into the condition of people who really were at the bottom.”At the same time, Wolf continued, “the immense growth of the financial sector and the dominance of the financial sector in management generated some simply staggering fortunes at the top.” Instead of helping to drive democratization, the market system “recreated an oligarchy. I think there’s no doubt about that.”Those who suffered, Wolf noted, “felt the parties of the center-left had largely abandoned them and were no longer really interested in their fate.”Two senior fellows at Brookings, William Galston and Elaine Kamarck, explore threats to American democracy in a January 2022 analysis, “Is Democracy Failing and Putting Our Economy at Risk?” Citing data from six surveys, including those by Pew, P.R.R.I., Voter Study Group and CNN, the authors write:Support in the United States for political violence is significant. In February 2021, 39 percent of Republicans, 31 percent of independents and 17 percent of Democrats agreed that “if elected leaders will not protect America, the people must do it themselves, even if it requires violent actions.” In November, 30 percent of Republicans, 17 percent of independents and 11 percent of Democrats agreed that they might have to resort to violence in order to save our country.In the wake of the Jan. 6 assault on the Capitol, Galston and Kamarck observe:Even though constitutional processes prevailed, and Mr. Trump is no longer president, he and his followers continue to weaken American democracy by convincing many Americans to distrust the results of the election. About three-quarters of rank-and-file Republicans believe that there was massive fraud in 2020 and Joe Biden was not legitimately elected president.In fact, Galston and Kamarck continue, “the 2020 election revealed structural weaknesses in the institutions designed to safeguard the integrity of the electoral process,” noting that “if Mr. Pence had yielded to then-President Trump’s pressure to act, the election would have been thrown into chaos and the Constitution placed in jeopardy.”Since then, Galston and Kamarck note, the attack on democracyhas taken a new and dangerous turn. Rather than focusing on the federal government, Trump’s supporters have focused on the obscure world of election machinery. Republican majorities in state legislatures are passing laws making it harder to vote and weakening the ability of election officials to do their jobs.American democracy, the two authors conclude,is thus under assault from the ground up. The most recent systematic attack on state and local election machinery is much more dangerous than the chaotic statements of a disorganized former president. A movement that relied on Mr. Trump’s organizational skills would pose no threat to constitutional institutions. A movement inspired by him with a clear objective and a detailed plan to achieve it would be another matter altogether.“The chances that this threat will materialize over the next few years,” Galston and Kamarck add, “are high and rising.”If democracy fails in America, they contend,It will not be because a majority of Americans is demanding a nondemocratic form of government. It will be because an organized, purposeful minority seizes strategic positions within the system and subverts the substance of democracy while retaining its shell — while the majority isn’t well organized, or doesn’t care enough, to resist. The possibility that this will occur is far from remote.The anxiety about democratic erosion — even collapse — is widespread among those who think about politics for a living:In his January 2022 article, “Democracy’s Arc: From Resurgent to Imperiled,” Larry Diamond, a senior fellow at Stanford’s Freeman Spogli Institute, joins those who tackle what has become an overriding topic of concern in American universities:For a decade, the democratic recession was sufficiently subtle, incremental and mixed so that it was reasonable to debate whether it was happening at all. But as the years have passed, the authoritarian trend has become harder to miss. For each of the last fifteen years, many more countries have declined in freedom than have gained. By my count, the percentage of states with populations over one million that are democracies peaked in 2006 at 57 percent and has steadily declined since, dropping below a majority (48 percent) in 2019 for the first time since 1993.In this country, Diamond continued, “Rising proportions of Americans in both camps express attitudes and perceptions that are blinking red for democratic peril. Common political ground has largely vanished.”He adds: “Even in the wake of the Jan. 6 insurrection at the U.S. Capitol, most Americans have still not come to grips with how far the country has strayed from the minimum elements of normative and behavioral consensus that sustain democracy.”At the close of his essay, Diamond goes on to say:It is human nature to seek personal autonomy, dignity and self-determination, and with economic development those values have become ascendant. But there is nothing inevitable about the triumph of democracy.The next test will be in November 2024.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

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    What Next for Dominion After Its $787.5 Million Fox Settlement

    The election technology company has several more defamation lawsuits pending against public figures and news outlets.Dominion Voting Systems did more on Tuesday than settle its lawsuit against Fox News for $787.5 million: It also set the tone for the many related defamation cases it has filed. Legal experts say the settlement with Fox News, one of the largest defamation payouts in American history, could embolden Dominion as it continues to defend its reputation, which it says was savaged by conspiracy theories about vote fraud during the 2020 election. The company has several cases pending against public figures including Mike Lindell, the MyPillow executive, and news outlets such as Newsmax.The targets of Dominion’s remaining lawsuits, few of which have deep pockets and legal firepower at Fox’s level, will likely take a cue from Dominion and Fox’s face-off, legal experts said.“Even though it was a settlement, it certainly was a victory for Dominion,” said Margaret M. Russell, a law professor at Santa Clara University. “For other possible defendants, I don’t think this will make them double down; it will make them fearful.”Dominion is the second-largest election technology company operating in the United States, where there are few other major players. The company, whose majority owner is the private equity firm Staple Street Capital, was made “toxic” by the false fraud narratives in 2020, one of Staple Street’s founders said in court documents. At one point, Dominion estimated that misinformation cost it $600 million in profits.Fox said in its court filings that Dominion did not have to lay off employees, close offices or default on any debts, nor did it suffer any canceled business contracts as a result of the news network’s coverage. Fox said in one filing that Dominion had projected $98 million in revenue for 2022, which would make Tuesday’s settlement the equivalent of eight years of sales.Dominion’s customers are largely officials who oversee voting in states and counties around the country; the company served 28 states, as well as Puerto Rico, in the 2020 election. The false stories about fraud that were directed at the company were embraced by some local election officials.In court documents, an expert enlisted by Dominion said that the company had very low early contract termination rates and very high contract renewal rates before the 2020 election, but blamed the preoccupation with the false fraud claims for prompting some clients to exit deals after the vote.Now, Dominion has emerged from its tussle with Fox in a stronger position to win back any skittish clients or score new business, legal experts said.Last month, the judge in Dominion’s case against Fox reviewed evidence of the false claims and wrote that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true,” effectively confirming that the company was aboveboard.The secretary of state of New Mexico, Maggie Toulouse Oliver, applauded Tuesday’s settlement.“The harm done by election lies/denialism since 2020 is immeasurable, but this settlement against Fox News provides accountability & sends a strong message we’re happy to see,” Ms. Toulouse Oliver wrote on Twitter. During the midterm primaries last year, she blamed “unfounded conspiracy theories” when she sued officials in Otero county who had cited concerns about Dominion machines in their refusal to certify election results.Fox acknowledged in a statement on Tuesday that some of the claims it had made about Dominion were false, saying that the admission “reflects Fox’s continued commitment to the highest journalistic standards.”John Poulos, Dominion’s founder and chief executive, said in a statement on Tuesday that Fox caused “enormous damage” to his company and “nothing can ever make up for that.” He also thanked the election officials who make up Dominion’s clientele, and nodded to Staple Street’s support. “Lies have consequences,” a lawyer for Dominion Voting Systems said during a news conference.Pete Marovich for The New York TimesDominion drew some complaints that by settling, it had given up the opportunity to extract an apology from Fox or force it through a potentially embarrassing trial. An opinion article in the Daily Beast bemoaned that the voting technology company had “decided to step out of the ring with a bag of money instead of vanquishing one of the country’s most destructive and influential peddlers of hate and disinformation.”Mr. Poulos called the settlement “a big step forward for democracy” in an interview with ABC News broadcast on Wednesday.Legal experts noted that even if Dominion had prevailed in a jury verdict, it would have risked years of expensive battles over appeals from Fox.“The tort of defamation is not about saving democracy from liars,” said Enrique Armijo, a professor and First Amendment expert at Elon University School of Law. “It’s about saving the reputation of the people who have been lied about and making those liars compensate them for the harms to their reputations.”Fox still faces other legal challenges, including a $2.7 billion defamation lawsuit from another election technology company, Smartmatic. Fox said it planned to defend freedom of the press in the case and called Smartmatic’s damages claims “outrageous, unsupported and not rooted in sound financial analysis.” Smartmatic said in a statement that, after the Dominion settlement, it “will expose the rest” of the “misconduct and damage caused by Fox’s disinformation campaign.”Dominion, too, has more cases pending, including against the pro-Trump lawyer Rudolph W. Giuliani and One America News Network. Although the lawsuits involve similar false claims of election fraud, the facts of each case vary, experts said.Attorneys for Mr. Lindell and Mr. Giuliani did not immediately respond to requests for comment, nor did Newsmax or OAN.For the individuals and smaller companies facing legal claims, for whom a substantial jury judgment could be an “existential” threat, settlement may seem more attractive after Tuesday, Mr. Armijo said.“They’re not going to be able to put up the same level of defense that Fox did; they just don’t have the resources to do it,” he said. “It’s hard to see the other defamation defendants in the remaining cases getting any further than Fox did, which, as we saw, is not very far.” More