More stories

  • in

    Jim Hagedorn, a Trump Ally in the House, Dies at 59

    A two-term Minnesota conservative, he backed efforts to overturn the election of Joseph Biden as president on spurious grounds of voter fraud.Representative Jim Hagedorn, a second-term Minnesota Republican who was a staunch ally of former President Donald J. Trump and who joined with other members of his party in seeking to overturn the election of Joseph R. Biden Jr., died on Thursday. He was 59. His wife, Jennifer Carnahan Hagedorn, the former chair of the Minnesota Republican Party, announced the death on Facebook. She did not specify the cause or say where he died. He had long been public about his three-year struggle with cancer and announced in January that he had tested positive for Covid-19.Mr. Hagedorn was diagnosed with stage IV kidney cancer in 2019, shortly after he was sworn in as a first-term member of the House of Representatives. He underwent immunotherapy treatment at the Mayo Clinic, and doctors removed the affected kidney in December 2020. He said at the time that 99 percent of the cancer was gone, but he announced in July that it had returned.Mr. Hagedorn had run for a House seat three times without success, in 2010, 2014 and 2016, when he lost by a hair to the incumbent, the Democrat Tim Walz. In 2018, after Mr. Walz left to run successfully for governor, Mr. Hagedorn narrowly won his seat in a race against the Democrat Dan Feehan.In a rematch against Mr. Feehan in 2020, Mr. Hagedorn won by a slightly larger margin, despite his health issues, and was raising money in anticipation of a re-election campaign in November.“He’ll forever be known as a common sense conservative who championed fair tax policy, American energy independence, peace through strength foreign policy and southern Minnesota’s way of life and values,” his campaign said in a statement.Throughout his short tenure in office, Republicans were in the minority in the House. All the while, Mr. Hagedorn remained a strong conservative, worked on behalf of small businesses and rural entrepreneurs, and stood as an ally of Mr. Trump, who won Mr. Hagedorn’s district in 2016 by 15 percentage points.“I’ve said repeatedly since 2016 that of course I support Donald Trump,” Mr. Hagedorn told the Minnesota newspaper The Star Tribune in 2019, “because I felt like if he’d lost, we’d have lost the country.”In December 2020, Mr. Hagedorn was one of 126 Republican members of the House who filed an amicus brief urging the Supreme Court to overturn the election of Mr. Biden as president, a brief based on spurious and disproved allegations of widespread voter fraud. The court rejected the suit, which had sought to throw out the election results in four battleground states.Just hours after the deadly insurrection at the Capitol on Jan. 6, 2021, by a mob of Trump supporters, Mr. Hagedorn was among 147 Republicans who objected to certifying Mr. Biden’s election.“There was no stronger conservative in our state than my husband,” his wife wrote in her statement, “and it showed in how he voted, led and fought for our country.”Mr. Hagedorn, right, was on hand when President Donald J. Trump arrived in Minneapolis in 2018. At center was Dave Hughes, a Republican candidate for the U.S. House of Representatives. Tom Brenner for The New York TimesJames Lee Hagedorn was born on Aug. 4, 1962, in Blue Earth, Minn., near the Iowa border. His father, Tom Hagedorn, was a U.S. House member and represented some of the same southern Minnesota territory as his son later did. His mother, Kathleen (Mittlestadt) Hagedorn, was a homemaker.Jim was raised on the family farm near Truman, Minn., and in McLean, Va., while his father served in Congress, from 1975 to 1983.He graduated from George Mason University in Virginia with a bachelor’s degree in government and political science in 1993. While a student, he worked as a legislative aide to Representative Arlan Stangeland, another Minnesota Republican. He later worked as a congressional liaison at the Treasury Department and as the congressional affairs officer for the Bureau of Engraving and Printing until 2009.During the early 2000s, Mr. Hagedorn wrote a blog called “Mr. Conservative,” which has since been deleted. His posts took aim at Native Americans, gay people and women, among others.In 2005, when President George W. Bush nominated a woman, the White House counsel Harriet Miers, to the Supreme Court (she ultimately withdrew her name), Mr. Hagedorn described her nomination as an effort “to fill the bra of Supreme Court Justice Sandra Day O’Connor.”The blog posts resurfaced during Mr. Hagedorn’s unsuccessful run for the House in 2014; he told The Star Tribune that they were old and had been satirical in nature. They surfaced again in 2018, when he won the seat chiefly by proclaiming his loyalty to Mr. Trump.Complete information on his survivors was not available.The final piece of legislation that Mr. Hagedorn introduced, on Feb. 9, was a resolution to place a national debt clock in the House chamber.“The American people deserve full transparency about this nation’s fiscal affairs,” he said, “and this resolution will be a strong reminder to lawmakers as they vote on proposals that could put our country further in debt.” More

  • in

    Judge Allows Civil Suits to Proceed Against Trump Over Jan. 6

    The ruling means the plaintiffs in three civil cases will likely be able to seek information from the former president over his role in the attack on the Capitol.A federal judge in Washington ruled on Friday that three civil lawsuits against Donald J. Trump related to the attack on the Capitol last January were able to move forward, saying that the former president was not shielded by the normal protections of immunity or the First Amendment.The ruling by the judge, Amit P. Mehta, meant that the plaintiffs in the suits — several members of Congress and police officers who served at the Capitol during the attack — will likely be able to seek information from Mr. Trump about the specific role he played in fostering the chaos at the building on Jan. 6, 2021.If ultimately found liable, Mr. Trump could also be on the hook for financial damages.Judge Mehta’s order capped a difficult week for Mr. Trump, one in which a judge in New York ruled that he had to answer questions from state investigators examining his company, the Trump Organization, for evidence of fraud. Officials at the National Archives also said that Mr. Trump had taken classified national security documents from the White House to his private club in Florida.The lawsuits, all of which were filed last year, accused Mr. Trump of overlapping charges of conspiring with several others — people like his lawyer Rudolph W. Giuliani, his son Donald Trump Jr. and extremist groups such as the Proud Boys and the Oath Keepers militia — to sow doubts about the 2020 election, culminating in the violent storming of the Capitol. Judge Mehta allowed the suits to go ahead against the Proud Boys and Oath Keepers, but dismissed them against Mr. Giuliani and Mr. Trump’s son.Judge Mehta ruled that he would consider — and likely grant — a motion to dismiss from another defendant in one of the cases, Representative Mo Brooks, Republican of Alabama. Instead of moving to dismiss, Mr. Brooks had asked Judge Mehta to allow him to substitute the federal government in his place as the defendant in the case.At a nearly five-hour hearing last month, Mr. Trump’s lawyers argued he was immune from being sued because he had been acting in his official role as president when he addressed a huge crowd in Washington at the Ellipse before the Capitol was breached. The lawyers also claimed that Mr. Trump’s incendiary speech, one in which he urged the crowd to “fight like hell,” but also cautioned them to be peaceful and patriotic, should be protected by the First Amendment.But in his 112-page order, Judge Mehta ruled that Mr. Trump’s actions that day had little to do with normal presidential duties like executing laws or commanding the armed forces and instead concerned something more personal: what the judge called Mr. Trump’s “efforts to remain in office for a second term.”“To deny a president immunity from civil damages is no small step,” Judge Mehta wrote. “The court well understands the gravity of its decision. But the alleged facts of this case are without precedent.”The judge also found that after months of creating an “air of distrust and anger” by relentlessly claiming the election had been stolen, Mr. Trump should have known his supporters would take his speech not merely as words, but as “a call to action.” For that reason, the judge decided, the address was not “protected expression.”Mr. Trump “invited his supporters to Washington, D.C., after telling them for months that corrupt and spineless politicians were to blame for stealing an election from them; retold that narrative when thousands of them assembled on the Ellipse; and directed them to march on the Capitol building,” Judge Mehta wrote.Each of the suits was based in part on a Reconstruction era law known as the Ku Klux Klan Act of 1871, originally intended to protect former slaves from abuse by local officials but became a vehicle for challenging official actions more broadly. The suits, which seek civil damages, are separate from the Justice Department’s sprawling investigation into hundreds of people who took part in the storming of the Capitol and from a parallel congressional investigation into machinations by Mr. Trump and others to overturn the election results in the weeks and months leading up to Jan. 6.To date, Mr. Trump has not faced a subpoena from either the Justice Department or the House committee investigating the Capitol riot. But the ruling on Friday created the likelihood that Mr. Trump would have to provide documents to the plaintiffs or even sit for a deposition.“Above all else, it’s about accountability,” said Joseph Sellers, one of the lawyers for the plaintiffs. Representatives for Mr. Trump did not immediately respond to requests for comment.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Civil lawsuits. More

  • in

    How Macron Stands as France's Presidential Election Looms

    The president, not even a formal candidate yet, seems to benefit from standing above the anti-immigrant fray.PARIS — France faces an unusual presidential election in seven weeks, with no credible left-wing contender, an electorate so disenchanted that abstention could be high, and a clear favorite who has not even announced his candidacy.That favorite is President Emmanuel Macron, 44, who has opted to stay above the fray, delaying his decision to declare he is running until some time close to the March deadline, yet another way to indulge his penchant for keeping his opponents guessing.Comfortable in his lofty centrist perch, Mr. Macron has watched as the right and extreme-right tear one another to shreds. Immigration and security have largely pushed out other themes, from climate change to the ballooning debt France has accumulated in fighting the coronavirus crisis.“To call your child ‘Mohammed’ is to colonize France,” says Éric Zemmour, the far-right upstart of the election who has parlayed his notoriety as a TV pundit into a platform of anti-immigrant vitriol.Only he, in his telling, stands between French civilization and its conquest by Islam and “woke” American political correctness. Like former President Donald J. Trump, to whom he spoke this week, Mr. Zemmour uses constant provocation to stay at the top of the news.Éric Zemmour, the far-right presidential candidate, at a campaign rally last month in Cannes. He uses constant provocation to stay at the top of the news.Daniel Cole/Associated PressStill, Mr. Macron has a clear lead in polls, which give him about 25 percent of the vote in the first round of the election on April 10. Mr. Zemmour and two other right-wing candidates are in the 12 to 18 percent range. Splintered left-wing parties are trailing and, for now, seem like virtual spectators for the first time since the foundation of the Fifth Republic in 1958.France generally leans right; this time it has lurched. “The left lost the popular classes, many of whom moved to the far right because it had no answer on immigration and Islam,” said Pascal Bruckner, an author and political philosopher. “So it’s the unknowable chameleon, Macron, against the right.”The beneficiary of a perception that he has beaten the coronavirus pandemic and steered the economy through its challenges, Mr. Macron appears stronger today than for some time. The economy grew 7 percent in the last quarter. Unemployment is at 7.4 percent, low for France. The lifting of Covid-19 measures before the election, including mask requirements in many public places, seems probable, a step of potent symbolism.It is a measure of the difficulty of attacking Mr. Macron that he seems at once to embody what is left of social democracy in France — once the preserve of a Socialist Party that is now on life support — and policies embraced by the right, like his tough stand against what he has called “Islamist separatism.”Paris in December. Many in the country are struggling to pay rising energy bills and are weary from the two-year struggle against the pandemic.Andrea Mantovani for The New York Times“He is supple,” said Bruno Le Maire, the economy minister. Mr. Macron’s predecessor as president, François Hollande, a Socialist who feels betrayed by the incumbent’s shift rightward, put it less kindly in a recent book: “He hops, like a frog on water lilies, from one conviction to another.”The two leading candidates in the first round go through to a second on April 24. The crux of the election has therefore become a fierce right-on-right battle for a second-place passage to a runoff against Mr. Macron.Marine Le Pen, the perennial anti-immigrant candidate, has become Mr. Zemmour’s fiercest critic, as defections to him from her party have grown. She has said his supporters include “some Nazis” and accused him of seeking “the death” of her National Rally party, formerly called the National Front.Mr. Zemmour, whose own extremist view is that Islam is “incompatible” with France, has ridiculed her for trying to distinguish between extremist Islamism and the faith itself. He has attacked her for not embracing the idea of the “great replacement” — a racist conspiracy theory that white Christian populations are being intentionally replaced by nonwhite immigrants, leading to what Mr. Zemmour calls the “Creolization” of societies.The president would be confident of his chances against either Ms. Le Pen, whom he beat handily in the second round in 2017, or Mr. Zemmour, even if the glib intellectualism of this descendant of an Algerian Jewish family has overcome many of the taboos that kept conservative French voters from embracing the hard right.Marine Le Pen, the perennial anti-immigrant candidate, has become Mr. Zemmour’s fiercest critic.Valery Hache/Agence France-Presse — Getty ImagesFrance is troubled, with many people struggling to pay rising energy bills and weary from the two-year struggle against the pandemic, but a blow-up-the-system choice, like the vote for Mr. Trump in the United States or Britain’s choice of Brexit, would be a surprise.Paulette Brémond, a retiree who voted for Mr. Macron in 2017, said she was hesitating between the president and Mr. Zemmour. “The immigration question is grave,” she said. “I am waiting to see what Mr. Macron says about it. He probably won’t go as far as Mr. Zemmour, but if he sounds effective, I may vote for him again.”Until Mr. Macron declares his candidacy, she added, “the campaign feels like it has not started” — a common sentiment in a country where for now the political jostling can feel like shadow boxing.That is scarcely a concern to the president, who has portrayed himself as obliged to focus on high matters of state. These include his prominent diplomatic role in trying to stop a war in Ukraine through his relationship with President Vladimir V. Putin of Russia, and ending, along with allies, the troubled French anti-terrorist campaign in Mali.If Mali has been a conspicuous failure, albeit one that seems unlikely to sway many voters, the Ukraine crisis, as long as it does not lead to war, has allowed Mr. Macron to look like Europe’s de facto leader in the quest for constructive engagement with Russia. Mr. Zemmour and Ms. Le Pen, who between them represent some 30 percent of the vote, make no secret of their admiration for Mr. Putin.Ukrainian soldiers at a front-line position in eastern Ukraine this week. Mr. Macron has portrayed himself as obliged to focus on high-level matters of state like trying to stop a war in Ukraine.Tyler Hicks/The New York TimesOne member of Mr. Macron’s putative re-election team, who insisted on anonymity per government practice, said the possibility of a runoff against the center-right Republican candidate, Valérie Pécresse, was more concerning than facing either Ms. Le Pen or Mr. Zemmour in the second round.A graduate of the same elite school as Mr. Macron, a competent two-term president of France’s most populous region and a centrist by instinct, Ms. Pécresse might appeal in the second round to center-left and left-wing voters who regard Mr. Macron as a traitor.Learn More About France’s Presidential ElectionCard 1 of 6The campaign begins. More

  • in

    As Crime Surges, Roll Back of Tough-on-Crime Policies Faces Resistance

    With violent crime rates rising and elections looming, progressive prosecutors are facing resistance to their plans to roll back stricter crime policies of the 1990s.Four years ago, progressive prosecutors were in the sweet spot of Democratic politics. Aligned with the growing Black Lives Matter movement but pragmatic enough to draw establishment support, they racked up wins in cities across the country.Today, a political backlash is brewing. With violent crime rates rising in some cities and elections looming, their attempts to roll back the tough-on-crime policies of the 1990s are increasingly under attack — from familiar critics on the right, but also from onetime allies within the Democratic Party.In San Francisco, District Attorney Chesa Boudin is facing a recall vote in June, stoked by criticism from the city’s Democratic mayor. In Los Angeles, the county district attorney, George Gascón, is trying to fend off a recall effort as some elected officials complain about new guidelines eliminating the death penalty and the prosecution of juveniles as adults. Manhattan’s new district attorney, Alvin Bragg, quickly ran afoul of the new Democratic mayor, Eric Adams, and his new police commissioner over policies that critics branded too lenient.The combative resistance is a harsh turn for a group of leaders whom progressives hailed as an electoral success story. Rising homicide and violent crime rates have even Democrats in liberal cities calling for more law enforcement, not less — forcing prosecutors to defend their policies against their own allies. And traditional boosters on the left aren’t rushing to their aid, with some saying they’ve soured on the officials they once backed.“I think that whole honeymoon period lasts about five or six hours,” said Wesley Bell, the prosecuting attorney for St. Louis County in Missouri, who is seeking re-election this fall.St. Louis County Prosecutor Wesley Bell, center, surrounded by area police chiefs before a news conference about a police officer who was shot and killed in 2019.Robert Cohen/St. Louis Post-Dispatch, via Associated PressMr. Bell, a former city councilman in Ferguson, Mo., is part of the group of prosecutors elected on a promise to address racial disparities in the criminal justice system. Most support eliminating the death penalty and cash bail, limiting prosecutions for low-level, nonviolent offenses and scaling back sentences.In a show of political strength, progressive prosecutors in Chicago and Philadelphia handily defeated challengers in recent years. Mr. Bell’s re-election bid in November is one of several races being watched for signs that voters’ views have shifted on those policies as violent crime has risen and racial justice protests have fallen out of the headlines.Homicide rates spiked in 2020 and continued to rise last year, albeit less slowly, hitting levels not seen since the 1990s. Other violent crimes also are up. Both increases have occurred nationally, in cities with progressive prosecutors and in cities without.That’s left no clear evidence linking progressive policies to these trends, but critics have been quick to make the connection, suggesting that prosecutors have let offenders walk and created an expectation that low-level offenses won’t be charged. Those arguments have landed on voters and city leaders already grappling with a scourge of pandemic-related ills — including mental health care needs and housing shortages, rising drug use, even traffic deaths.Last week, a Quinnipiac University poll of registered voters in New York City found that 74 percent of respondents considered crime a “very serious” problem — the largest share since the survey began asking the question in 1999 and more than 20 percentage points greater than the previous high, which was recorded in January 2016.Politicians are heeding those concerns. In New York, Mr. Adams, a Democrat, has promised to crack down on crime, and his police commissioner, Keechant Sewell, slammed Mr. Bragg’s proposals as threatening the safety of police officers and the public. In San Francisco, Mayor London Breed has become an outspoken critic of Mr. Boudin’s approach, which emphasizes social services over policing.“This is not working,” Ms. Breed said recently on The New York Times podcast “Sway.” “We’ve added all these additional resources — the street crisis response team, the ambassadors, the services, the buildings we purchase, the hotels we purchase, the resources. We’ve added all these things to deal with food insecurity. All these things. Yet people are still being physically harmed and killed.”The criticisms from two prominent Black mayors are particularly biting. In their liberal cities, the leaders’ nuanced complaints have far more influence with voters than familiar attacks from Republicans or police unions. Both mayors have argued that the minority communities that want racism rooted from the justice system also want more robust policing and prosecutions.President Biden, who was one of the architects of the tough-on-crime criminal justice overhaul of the 1990s, recently spoke highly of Mr. Adams’s focus on crime prevention. Some prosecutors and their allies took that as sign that the Democratic establishment is digging in on a centrist approach to criminal justice reform.Mr. Biden’s comments came as the Democratic Party worried about retaining the support of moderate suburban voters in midterm elections this year. Many Democratic lawmakers and strategists believe that protest slogans like “defund the police” hurt the party in the 2020 elections — particularly in Congressional swing districts and in Senate races. Republican candidates, eager to retake control of Congress in November, already have run advertisements casting Democrats as soft on crime.Most progressive prosecutors oppose the calls to gut police department budgets, but that is a nuance often missed. At one liberal philanthropic group, some newer givers have said they will not donate to any criminal justice groups — or to the campaigns of progressive prosecutors — because they don’t want to endorse defunding the police, according to a person who connects donors to criminal justice causes, and who insisted on anonymity to discuss private conversations.Samuel Sinyangwe, an activist who has been involved in several organizations pushing progressive prosecutors, said prosecutors hadn’t been as forceful as law enforcement unions in selling their solutions to rising violence in cities.“Police are spending a lot of money convincing people the appropriate response to that is more policing and incarceration,” he said. “I think that individual cities and counties are having to push back against that narrative. But I think they’re struggling to do that right now.”In San Francisco, Mr. Boudin argued that the effort to recall him was fueled by politics, not voters’ worries about crime. He pointed to the Republican megadonors who have funded the recall efforts and said Ms. Breed has a political incentive to see him ousted — he beat her preferred candidate for district attorney.San Francisco District Attorney Chesa Boudin earlier this week. He faces an effort to recall him.Justin Sullivan/Getty Images“These are Republican talking points,” Mr. Boudin said. “And it’s tremendously destructive to the Democratic Party and the long-term progress that the party is making at the local and national level around public safety and criminal justice to allow a few folks dissatisfied with a local election to undermine that progress.”Mary Jung, a Democratic activist leading the recall campaign, said those who painted the efforts as fueled by conservatives or moderates were missing the point. Many of their supporters, she said, are lifelong liberal Democrats.Those voters, she said, don’t view the effort to recall Mr. Boudin, who was elected in 2019, as a broad shift away from progressive policies, but as a local response in a community that feels unsafe. She cited several attacks against Asian immigrants and incidents of shoplifting as the sort of crimes that have rattled residents, regardless of political ideology.In another sign of Democrats’ discontent, San Francisco voters ousted three progressive members of the Board of Education in a recall election driven by pandemic angst.“Over 80,000 San Franciscans signed our petition and we only needed 53,000 signatures,” Ms. Jung said. “There’s only 33,000 registered Republicans in the city. So, you know, you do the math.”Some progressives warn against ignoring people’s fears. Kim Foxx, the state’s attorney for Cook County, which includes Chicago and some of the country’s most violence-plagued communities, said that any dismissive rhetoric could make prosecutors risk looking out of touch.“You can’t dismiss people,” Ms. Foxx said. “I live in Chicago, where we hit 800 murders last year, and that represents 800 immediate families and thousands of people who are impacted.”Cook County State’s Attorney Kim Foxx, right, with Chicago Mayor Lori Lightfoot and Police First Deputy Supt. Eric Carter announcing charges last month in a fatal shooting.Pat Nabong/Chicago Sun-Times, via Associated PressMs. Foxx faced a well-funded opponent and won re-election in 2020, as did Philadelphia’s district attorney, Larry Krasner, the following year. Those victories show the resilient support for progressive ideas, Mr. Krasner said, warning the Democratic Party not to abandon them.“Put criminal justice reform on the ballot in every election in almost every jurisdiction, and what you’re going to see is a surge in turnout,” Mr. Krasner said. “And that turnout will overwhelmingly be unlikely voters, reluctant voters, brand-new voters, people who are not connected to what they see as governmental dysfunction between the parties — but they are connected to an issue that has affected their communities.”But there are signs that attitudes about overhauling the criminal justice system are changing even among progressives. Many activists have shifted their focus away from electoral politics and toward policies they think address root of the problem, such as reducing the number of police and abolishing prisons.That “makes it very difficult to even defend or support particular prosecutors, because at the end of the day, they’re still putting people in jail,” Mr. Sinyangwe said.In 2020, Mr. Bell, the St. Louis prosecutor, faced the ire of the same progressive activists who had helped elect him. That July, he announced that his renewed investigation into the 2014 fatal police shooting of Michael Brown Jr., a young Black man, which ignited weeks of protests, had delivered the same results: no charges for the officer who killed him.Mr. Brown’s mother denounced Mr. Bell’s investigation. Speaking to reporters then, Mr. Bell said the announcement was “one of the most difficult things I’ve had to do as an elected official.”Asked to discuss the incident and the investigation, Mr. Bell declined.Josie Duffy Rice, the former president of The Appeal, a news outlet focused on criminal justice, said that in some ways the voters were learning the limitations of the progressive prosecutor’s role.“Prosecutors have the power to cause a lot of problems,” Ms. Duffy Rice said. “But not enough power to solve problems.” More

  • in

    South Korea Prepares for Another Covid-Era National Election

    SEOUL — South Korea, which is experiencing its largest Covid-19 wave yet, will set aside a 90-minute window just for voters with the coronavirus to cast their ballots at polling stations next month.The recent surge in coronavirus cases had raised questions about how the country’s tight presidential election would be held. Lawmakers agreed this week to reserve 6 p.m. to 7:30 p.m. on March 9, Election Day, for voters with Covid. The rest of the electorate will vote from 6 a.m. to 6 p.m.“Protecting everyone’s right to vote is paramount,” Dr. Jung Jae-hun, a professor who is a Covid-19 policy adviser to the prime minister, said in an interview. “It’s entirely possible to do so while preventing outbreaks.”The National Election Commission reported on Thursday that interest in voting in the upcoming election was at its highest since 2012, demonstrating that the surge in coronavirus infections might not dampen turnout.Lee Jae-myung of the ruling Democratic Party and Yoon Suk-yeol of the opposition People Power Party are neck and neck.About 44 million eligible voters reside in South Korea, according to the election commission. But at the rate that infections are going, as many as one million might have Covid by Election Day, according to Dr. Jung, who is also a professor of preventive medicine at Gachon University near Seoul.The government’s health protocols require people with Covid to remain in isolation at home. The special time window on Election Day would allow them to leave for the purposes of casting their ballot.The daily caseload in South Korea was 93,135 on Thursday. By comparison, in the last nationwide election of the coronavirus era, in 2020, the government reported fewer than 40 new ​infections a day. More

  • in

    Susan Collins: Reform the Electoral Count Act to Avoid Another January 6

    Imagine my surprise when on Jan. 6, 2017, I found out that I had received one electoral vote to be vice president of the United States — an office for which I was not a candidate — from a “faithless elector” from the state of Washington.Four years later, on Jan. 6, 2021, when a violent mob overran the Capitol, I realized that my unearned vote in the Electoral College was not amusing. This seemingly innocuous vote was an indication that our system of counting and certifying votes for president and vice president had deep and serious structural problems.These unfortunate flaws are codified in the Electoral Count Act, which guides the implementation of part of the presidential election process included in the Constitution. This 1887 law, vaguely written in the inaccessible language of a different era, was intended to restrain Congress, but in practice it has had the unintended effect of creating ambiguities that could potentially be used to expand the role of Congress and the vice president in ways that are contrary to the Constitution.Despite its defects, the law was not an issue for more than a century because of the restraint of the people who exercised the serious, but limited, constitutional responsibility of counting the votes. Vice presidents and Congresses sustained the will of the people — even when they did not like the result.For example, we saw this in 1961 and again in 2001, when Vice Presidents Richard Nixon and Al Gore presided in a fair and dignified manner over the counting of the electoral votes despite having lost close elections for president. Vice President Gore even refused to hear Democratic objectors who were trying to make him president.Then came the election of 2020. President Donald Trump and his allies both exploited the weaknesses of the law and ignored the language of the Constitution. Mr. Trump argued that the vice president could overturn the election results. A violent mob temporarily halted the electoral count that would confirm President Biden’s victory.Vice President Mike Pence’s courage and integrity on that day cannot be overstated. He stood up to a determined president who relentlessly pressured him to swing the election his way. And he refused to be intimidated by rioters who assaulted police officers, swarmed the Capitol and chanted “Hang Mike Pence!” As the dangerous mob neared the Senate chambers, the vice president and senators had to be whisked away.The House, too, was forced to evacuate, bringing the electoral count to a halt. How well I remember a sparse group of Capitol Police officers urging us to “Run! Run!” as we made our way to a secure location, while other members of the overwhelmed Capitol Police battled the mob. For hours, we watched on television as rioters broke into the Senate chamber and rummaged through our desks.Finally, senators were told it was safe enough for us to proceed back to the chamber, which all of us were determined to do so that we could resume the counting of the votes. The walk back that evening was very different. In contrast to the small number of police officers guiding our evacuation, F.B.I. tactical teams with riot gear, National Guard members and police officers lined our route. Vice President Pence and the Congress returned to the Capitol that night and completed the final, constitutionally mandated step before the inauguration of a new president — we counted the votes.That day reminded us that there is nothing more essential to the survival of a democracy than the orderly transfer of power, and there is nothing more essential to the orderly transfer of power than clear rules for effecting it. We should not depend on the fidelity and resolve of vice presidents to follow the intent of these rules; the law should be crystal clear on the parameters of the vice president’s powers and consistent with the very limited role set forth in the Constitution. Vice President Pence’s actions on Jan. 6 were heroic. But the peaceful transfer of power shouldn’t require heroes.Much debate has focused recently on the casting of ballots. Much more attention must be paid to the counting and certifying of votes. Our democracy depends on it. To prevent the subversion of the electoral process, Congress must reform the Electoral Count Act. A bipartisan group of 16 senators is working to do that.The ambiguously phrased Electoral Count Act must be amended to make absolutely clear that a vice president cannot manipulate or ignore electoral votes as he or she presides over this joint session of Congress. But other flaws in the law must also be remedied. For instance, the law’s threshold for triggering a challenge to the results of a state is far too low: Only one representative and one senator are required to object to a state’s electors. In the past, members on both sides of the aisle have challenged the vote without any real evidence of wrongdoing.Our group of senators shares a vision of drafting legislation to ensure the integrity of our elections and public confidence in the results. We want a bill that will be considered by committees, debated on the Senate floor, garner the support of the Senate’s two leaders and pass the Senate with 60 or more votes.The broader we cast our net, however, the more difficult it will be to achieve consensus. We have to be careful about expanding a reform bill to include provisions that go well beyond correcting the current law, strengthening election security and protecting poll workers from threats of violence. Relitigating bills that have already been rejected won’t get us to the finish line. Our primary focus must be on avoiding another Jan. 6 by reforming the Electoral Count Act. That is the vital goal in itself, our duty to perform and a worthy mission that should not be derailed by good-faith but ultimately partisan provisions.We do not know if we will succeed, but we are trying to fix a serious problem.  The senators working on this legislation have philosophical, regional and political differences. When we disagree, we attempt to persuade one another — we cajole, haggle and even argue — but we do so with an eye on a common goal. That is the way it is supposed to work in a democracy. Maybe we could refer to the process as “legitimate political discourse.”Susan Collins is a Republican senator from Maine. She is leading a bipartisan group of senators who are committed to reforming the Electoral Count Act.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

    Durham Distances Himself From Furor in Right-Wing Media Over Filing

    The special counsel implicitly acknowledged that White House internet data he discussed, which conservative outlets have portrayed as proof of spying on the Trump White House, came from the Obama era.WASHINGTON — John H. Durham, the Trump-era special counsel scrutinizing the investigation into Russia’s 2016 election interference, distanced himself on Thursday from false reports by right-wing news outlets that a motion he recently filed said Hillary Clinton’s campaign had paid to spy on Trump White House servers.Citing a barrage of such reports on Fox News and elsewhere based on the prosecutor’s Feb. 11 filing, defense lawyers for a Democratic-linked cybersecurity lawyer, Michael Sussmann, have accused the special counsel of including unnecessary and misleading information in filings “plainly intended to politicize this case, inflame media coverage and taint the jury pool.”In a filing on Thursday, Mr. Durham defended himself, saying those accusations about his intentions were “simply not true.” He said he had “valid and straightforward reasons” for including the information in the Feb. 11 filing that set off the firestorm, while disavowing responsibility for how certain news outlets had interpreted and portrayed it.“If third parties or members of the media have overstated, understated or otherwise misinterpreted facts contained in the government’s motion, that does not in any way undermine the valid reasons for the government’s inclusion of this information,” he wrote.But even as he did not acknowledge any problem with how he couched his filing last week, Mr. Durham said he would make future filings under seal if they contained “information that legitimately gives rise to privacy issues or other concerns that might overcome the presumption of public access to judicial documents.”Former President Donald J. Trump has seized on the inaccurate reporting to declare that there is now “indisputable evidence” of a Clinton campaign conspiracy against him — and to suggest that there ought to be executions. Mr. Trump, Fox News hosts and others have also criticized mainstream journalists for not covering the purported revelation.The dispute traces back to a pretrial motion in the case Mr. Durham has brought against Mr. Sussmann accusing him of making a false statement during a September 2016 meeting with the F.B.I. where he relayed concerns about possible cyberlinks between Mr. Trump and Russia. The bureau later dismissed those as unfounded.Mr. Durham says Mr. Sussmann falsely told the F.B.I. official he had no clients, but was really there on behalf of both the Clinton campaign and a technology executive named Rodney Joffe. Mr. Sussmann denies ever saying that, while maintaining he was only there on behalf of Mr. Joffe — not the campaign.Several sentences of the filing recounted a second meeting, in February 2017, where Mr. Sussmann had presented different concerns about odd internet data and Russia to the C.I.A., which came from the same cybersecurity researchers who developed the suspicions he had presented to the F.B.I.At the C.I.A. meeting, Mr. Sussmann shared concerns about data that suggested that someone using a Russian-made smartphone may have been connecting to networks at Trump Tower and the White House, among other places.Mr. Sussmann had obtained that information from Mr. Joffe. The court filing also stated that Mr. Joffe’s company, Neustar, had helped maintain internet-related servers for the White House, and accused Mr. Joffe — whom Mr. Durham has not charged with any crime — and his associates of having “exploited this arrangement” by mining certain records to gather derogatory information about Mr. Trump.In the fall, The New York Times had reported on Mr. Sussmann’s C.I.A. meeting and the concerns he had relayed about the data suggesting the presence of Russian-made YotaPhones — smartphones that are rarely seen in the United States — in proximity to Mr. Trump and in the White House.But over the weekend, the conservative news media treated those sentences in Mr. Durham’s filing as a new revelation while significantly embellishing what it had said. Mr. Durham, some outlets inaccurately reported, had said he had discovered that the Clinton campaign had paid Mr. Joffe’s company to spy on Mr. Trump. But the campaign had not paid his company, and the filing did not say so. Some outlets also quoted Mr. Durham’s filing as using the word “infiltrate,” a word it did not contain.Most important, the coverage about purported spying on the Trump White House was premised on the idea that the White House network data involved came from when Mr. Trump was president. But Mr. Durham’s filing did not say when it was from.Lawyers for a Georgia Institute of Technology data scientist who helped analyze the Yota data said on Monday that the data came from the Obama presidency. Mr. Sussmann’s lawyers said the same in a filing on Monday night complaining about Mr. Durham’s conduct.Mr. Durham did not directly address that basic factual dispute. But his explanation for why he included the information about the matter in the earlier filing implicitly confirmed that Mr. Sussmann had conveyed concerns about White House data that came from before Mr. Trump was president.The purpose of the earlier filing was to ask a judge to look at potential conflicts of interest on Mr. Sussmann’s legal team. Mr. Durham included those paragraphs, he wrote, in part because one of the potential conflicts was that a member of the defense had worked for the White House “during the relevant events that involved” the White House.The defense lawyer in question is Michael Bosworth, who was a deputy White House counsel in the Obama administration.Separately on Thursday, lawyers for Mr. Sussmann filed a pretrial motion asking a judge to dismiss the case.They argued that even if Mr. Sussmann did falsely say at the F.B.I. meeting that he had no client — which they deny — that would not rise to a “material” false statement, meaning one affecting a government decision. The decision facing the F.B.I. was whether to open an investigation about the concerns he relayed at that meeting, and it would have done so regardless, they said.Mr. Durham has said Mr. Sussmann’s supposed lie was material because had the F.B.I. known that he was acting “as a paid advocate for clients with a political or business agenda,” agents might have asked more questions or taken additional steps before opening an investigation. More

  • in

    Letitia James Doesn’t Need to Run for Governor to Grab the Spotlight

    Ms. James, the New York attorney general, highlighted her work on matters related to former President Donald J. Trump as she accepted a nomination for re-election.Letitia James took the convention stage just before lunch, hours before the Democratic State Convention’s main attractions were to appear, to accept a nomination for re-election as New York attorney general.She delivered an impassioned speech on Thursday, focusing on her broad efforts to pursue justice on behalf of New Yorkers, especially in her investigations revolving around former President Donald J. Trump and former Gov. Andrew M. Cuomo.She scarcely mentioned Mr. Trump or Mr. Cuomo by name. Nor did she discuss her brief, abandoned bid for governor, a decision that she said was based on her desire to continue her unfinished work as attorney general, which includes her office’s inquiry into Mr. Trump and his family.The impact of that choice was hammered home just hours after Ms. James spoke on Thursday, as a judge ruled that her office would be allowed to interview Mr. Trump and two of his children in her civil investigation into the family’s business practices.“When I was elected attorney general, I vowed to act without fear or favor to hold the powerful accountable, whether Republican or Democrat, in the public or private sector,” Ms. James said. “To be unbought, to be unbossed and unrelenting in the pursuit of justice and to stand up and speak up for the interests of everyday New Yorkers.”Ms. James, a Democrat from Brooklyn, jumped into the race for governor in late October following Mr. Cuomo’s resignation. She was initially seen as the most formidable challenger against Gov. Kathy Hochul, who had been unexpectedly elevated from lieutenant governor.Ms. James’s campaign hoped to garner national support by highlighting the potential for her to make history as the first Black woman to become governor in the country. But she dropped out in December, crowded out from the race by Ms. Hochul, who consistently led in early public polls and amassed an overwhelming fund-raising edge.Ms. James has not officially endorsed Ms. Hochul in the governor’s race, and mentioned her only in passing in her speech on Thursday.Ms. Hochul, for her part, praised Ms. James as “a national leader in fighting for justice, in fighting against Donald Trump-ism every place it rears its ugly head.” She added, “She’s been out there for us and I’m so proud of her.”The race for attorney general was once expected to be a highly contested one, with as many as five candidates mounting campaigns after Ms. James announced her candidacy for governor. But they all dropped out in swift succession as soon as Ms. James abandoned that bid, clearing the field for her re-election.Even with no major opponent, Ms. James gained a torrent of not-so-surprising endorsements over the past few weeks, from organized labor, from lawmakers on Long Island and from most of the state’s Democratic congressional delegation.At the same time, rumors began to swirl that Mr. Cuomo was entertaining thoughts of running for attorney general against Ms. James, who he has incessantly blamed for his downfall.Ms. James’s office oversaw an investigation that found that a slew of sexual harassment allegations against Mr. Cuomo were credible; he has denied the accusations. Their feud briefly spilled over onto the convention floor on Thursday, with the crowd applauding after Ms. James offered a passionate defense of the investigation.“It has become clear the former governor will never accept any version of these events other than his own,” Ms. James said during an 18-minute speech in a Midtown Manhattan hotel. “And to achieve that he is now claiming the mantle of victim, disgracefully attacking anyone in his path, pushing others down in order to prop himself up, but I will not bow. I will not break.”She sought to directly link Mr. Cuomo to the former president, whom Ms. James has repeatedly challenged in court as attorney general: “I will not be bullied by him or Donald Trump.”Indeed, the convention was replete with reminders of the dramatic upheaval that the New York political landscape has undergone in less than a year.Ms. James accepted this year’s nomination in the same hotel ballroom in Manhattan where Mr. Cuomo celebrated his election victory in 2018. Mr. Cuomo was not invited to the convention on Thursday, and his spokesman recently denied that Mr. Cuomo was interested in running for attorney general.The Cuomo-free convention made for a rare sight.His father, former Gov. Mario Cuomo, who served three terms, dominated conventions in the 1980s and 1990s. Andrew Cuomo later cast a shadow over the 2002 convention, when he famously withdrew his candidacy for governor on the eve of the event, acknowledging he did not have a path to victory against the party’s favored pick, Carl McCall. In 2006, he won the party’s endorsement for attorney general as he mounted a political comeback before being elected governor in 2010.Most of the party’s establishment, however, appears to have turned the page on Mr. Cuomo, who governed through ruthless tactics that left him with few, if any, political allies when he decided to resign or risk impeachment.“I haven’t heard anyone say his name and I think people are looking forward,” Pat Ryan, a Democrat and the executive of Ulster County, said shortly before Ms. James’s speech. “People don’t want us dwelling in the past.”Mr. Cuomo’s absence would have gone largely unacknowledged at the convention on Thursday had it not been for Ms. James’s speech, in which she also accused the Cuomo administration of lying to obfuscate the true extent of pandemic-related deaths in nursing homes.Her comments appeared to be the culmination of pent-up resentment following weeks of escalating attacks from the Cuomo camp, which has repeatedly denounced the investigation — which he authorized — as unfair and politically motivated just as Mr. Cuomo weighs how to re-enter public life.Indeed, after Ms. James’s speech, Richard Azzopardi, a spokesman for Mr. Cuomo, released a statement that accused her of being “a serial liar who continues to dodge answering a single substantive question about her sham report.” Mr. Cuomo’s lawyer said last week that he intended to file a professional misconduct complaint against Ms. James.On Thursday, Ms. James described herself as “the people’s lawyer,” thanking the delegates “for giving me the opportunity to carry your flag and to be your candidate to continue this work.” More