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    North Carolina Court Rejects Republican Gerrymander of Maps

    The State Supreme Court said maps of the state’s 14 House districts and state legislative districts violated guarantees of free elections, speech and assembly.The North Carolina Supreme Court on Friday upended Republican efforts to lock in political dominance in the state, saying that congressional and state legislative maps were partisan gerrymanders that violated the State Constitution.The ruling requires the Republican-controlled legislature not only to submit new maps to the court, but to offer a range of statistical analyses to show “a significant likelihood that the districting plan will give the voters of all political parties substantially equal opportunity to translate votes into seats” in elections.The requirement rebuffed the argument against redrawing the maps that the legislature offered in oral arguments before the court this week: that the court had no right to say whether and when political maps cross the line from acceptable partisanship into unfairness.The justices’ 4-3 decision, split along party lines, not only sets a precedent for judging the legality of future maps in the state, but could play an important role in the struggle for control of the House of Representatives in elections this November. The Republican-drawn maps had effectively allotted the party control of at least 10 of the 14 House seats the state will have in the next Congress, even though voters statewide are roughly equally divided between the two parties.It was a challenge to earlier partisan maps in North Carolina and Maryland that led the U.S. Supreme Court to end decades of federal debate over the constitutionality of partisan gerrymanders, ruling in 2019 that they were political issues beyond its jurisdiction. The justices said then that Congress and state courts should rule on the question, and lawyers for the plaintiffs in the case said on Friday that the new ruling carried out that mandate to the letter.Understand Redistricting and GerrymanderingRedistricting, Explained: Answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Texas: Republicans want to make Texas even redder. Here are four ways their proposed maps further gerrymandered the state’s House districts.“The U.S. Supreme Court said it’s up to state courts to rein in partisan gerrymandering, and that’s exactly what the North Carolina Supreme Court has done,” said Elisabeth Theodore of the law firm Arnold & Porter. “The court’s direction is clear: The General Assembly must stop cheating and draw fair new maps so that North Carolinians can have a fair say in who governs them.”But one longtime scholar of the state’s politics, Michael Bitzer of Catawba College in Salisbury, N.C., said the Republican legislature could take the case yet again to the U.S. Supreme Court.Citing their brief in the state case, he said the legislators might argue that the state court’s decision violates the provision in the U.S. Constitution that gives Congress the ultimate right to decide the “times, places and manner” of elections.The decision comes as both federal and state courts have lately proved a bulwark against some excessive gerrymanders. A state court in Ohio rejected maps drawn by Republicans in the state legislature last month as unconstitutional partisan gerrymanders, and a federal court in Alabama ruled last month that Republicans had to redraw their congressional map to create a second district that gave minorities a fair shot at electing their preferred candidate.The legal decisions have been a boon for Democrats, who started the latest redistricting cycle at a significant disadvantage. Republicans controlled the map-drawing process in 187 congressional districts, while Democrats were able to draw 75 districts.The court decisions in North Carolina, Ohio and Alabama all forced Republicans back to the drawing table and are likely to result in either more competitive seats or opportunities for Democrats in the midterm elections.The 2019 Supreme Court decision on partisan gerrymandering has led opponents of partisan maps to take their arguments from federal courts to the state benches, where constitutions often give more legal protections to voters. The Pennsylvania Supreme Court gave them an important victory in 2018, striking down Republican-drawn maps that the justices said violated the State Constitution.In the North Carolina case, a lower court said last month that even though the state and congressional maps were extreme partisan gerrymanders by any measure, the State Constitution nevertheless did not outlaw them.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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    Donald Trump 'Is Wrong' on Authority to Overturn Election, Says Pence

    Former Vice President Mike Pence said in a speech on Friday that he had no right to overturn the 2020 election, as the former president has falsely claimed.Former Vice President Mike Pence said he had no legal authority to change the outcome of the 2020 election, offering his most forceful rejection of Donald Trump’s efforts to overturn the results.Jacob Langston for The New York TimesFormer Vice President Mike Pence on Friday offered his most forceful rebuke of Donald J. Trump, saying the former president is “wrong” that Mr. Pence had the legal authority to change the results of the 2020 election and that the Republican Party must accept the outcome and look toward the future.Speaking to a gathering of conservatives near Orlando, Fla., the former vice president said he understands “the disappointment so many feel about the last election” but repudiated Mr. Trump’s false claims that Mr. Pence could reject the Electoral College results and alter the outcome last year.“President Trump is wrong,” said Mr. Pence, in his remarks before the Federalist Society, a conservative legal organization. “I had no right to overturn the election.”The comments marked the strongest rejection of Mr. Trump’s efforts to overturn the 2020 election by his former vice president. Mr. Pence refused to give in on Jan. 6 to Mr. Trump’s pressure campaign to change the results. Since then, he has remained relatively quiet about that decision, largely declining to directly attack Mr. Trump or assign him any blame for inciting the deadly siege on the Capitol. In public appearances last year, Mr. Pence defended his role in resisting Mr. Trump but did not go further than saying that the two men will never “see eye to eye about that day.”But tensions between them have been rising in recent days. As Mr. Pence positions himself for a possible presidential bid in 2024, Mr. Trump has pushed more intensely a false narrative aimed at blaming his former vice president for failing to stop President Biden from taking office.Mr. Pence cast his opposition on Friday as larger than the immediate political moment, implying that the false claims pushed by Mr. Trump and his followers threatened to undermine American democracy.“The truth is there’s more at stake than our party or our political fortunes,” he said. “If we lose faith in the Constitution, we won’t just lose elections — we’ll lose our country.”In a speech that largely focused on attacking the policies and record of the Biden administration, Mr. Pence described Jan. 6 as a “dark day” in Washington. Such a description runs counter to an attempt by some on the right to rewrite history by describing the siege as a peaceful rally and by calling the rioters “political prisoners.” And he urged Mr. Trump and his party to accept the results of the last election.“Whatever the future holds, I know we did our duty that day,” Mr. Pence said. “I believe the time has come to focus on the future.”But Mr. Pence stopped short of completely breaking with the right-wing base that remains deeply influenced by Mr. Trump.Mr. Pence did not explicitly say that Mr. Trump lost the election and he declined to address the false claims of election fraud still being pushed by the former president and his supporters. The carefully constructed wording of his rebuke shows an effort by Mr. Pence to defend his own actions on Jan. 6, while not completely alienating a Republican base that remains animated by conspiracy theories of a stolen election. Their support could be crucial in any 2024 primary contest.His comments came just hours after the Republican Party voted to censure two Republican lawmakers for taking part in the House investigation of the Jan. 6 attack. The lawmakers, Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois, were censured for participating in what the party’s resolution described as the “persecution of ordinary citizens engaged in legitimate political discourse.”Legal scholars and officials from both parties say the vice president does not have the power to overturn elections. Mr. Pence agrees with that interpretation of the law: In a letter to Congress sent the morning of the Capitol attack, Mr. Pence rejected the president’s claims, writing that the Constitution “constrains me from claiming unilateral authority to determine which electoral votes should be counted and which should not.”On Sunday, Mr. Trump falsely claimed that Mr. Pence could have “overturned the election” in a statement denouncing a bipartisan push to rewrite the Electoral Count Act of 1887. The former president and his allies misinterpreted that century-old law in their failed bid to persuade Mr. Pence to throw out legitimate election results. And on Tuesday, Mr. Trump said that the congressional committee investigating the role of his administration in the violent Jan. 6 attack on the Capitol should instead examine “why Mike Pence did not send back the votes for recertification or approval.”Mr. Trump’s attempts to influence his vice president have become a focus of the House committee investigating the Jan. 6 attack, with some members seeing the participation of Mr. Pence’s team as vital to deciding whether it has sufficient evidence to make a criminal referral of Mr. Trump to the Justice Department. Two of Mr. Pence’s aides testified privately before the committee this week and Mr. Pence’s lawyer and the panel have been talking informally about whether the former vice president would be willing to speak to investigators.The Justice Department has also been examining the ways in which Mr. Trump’s attacks on Mr. Pence influenced the mob. In recent plea negotiations in some Jan. 6 cases, prosecutors have asked defense lawyers whether their clients would admit in sworn statements that they stormed the Capitol believing that Mr. Trump wanted them to stop Mr. Pence from certifying the election.As the attackers raided the Capitol that day, some chanted “Hang Mike Pence.” Mr. Trump initially brushed aside calls from aides and allies to call them off. Since then, Mr. Trump has defended the chants as understandable because, as he said in an interview with Jonathan Karl of ABC News, “the people were very angry” about the election. More

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    Arizona Republicans Sought to Overturn Votes. Rusty Said No.

    The speaker of the Republican-controlled Arizona House — who supported Donald J. Trump in 2020 — just torpedoed a bill that would have let lawmakers reject the results of an election.It is a dark time in the life of the American experiment. The world’s oldest democracy, once assumed to be unbreakable, often appears to be coming apart at the rivets.From his Florida exile, a defeated leader, whose efforts to overturn the last election are still coming into view, is working to place loyalists in key offices across the country, and his followers are racing to install themselves at the controls of future elections.Yet in Arizona this week, the unlikeliest of characters just stepped forward with a palm raised to the forces of Donald J. Trump.When right-wing lawmakers there pushed a bill that would have given the Republican-controlled Legislature the power to unilaterally reject the results of an election and force a new one, Rusty Bowers said no.For decades, Bowers, the unassuming speaker of the Arizona House, has represented die-hard Republican beliefs, supporting the kinds of low-tax, limited-government policies that made the state’s Barry Goldwater a conservative icon.Bowers could have sat on the bill, letting it die a quiet death. Instead, he killed it through an aggressive legislative maneuver that left even veteran statehouse watchers in Arizona awe-struck at its audacity.“The speaker wanted to put the wooden cross right through the heart of this thing for all to see,” said Stan Barnes, a Republican consultant who has known Bowers for some 30 years.A line drawnThe bill’s sponsor, John Fillmore — who boasts of being the most conservative member of the Arizona State Legislature — told us in an interview that Bowers’s tactics amounted to saying: “I am God. I control the rules. You will do what I say.”But to the 69-year-old Bowers, a Mormon and father of seven who first entered politics in 1992, it was clearly a matter of something bigger than parliamentary procedure.By sending Fillmore’s legislation to not one but 12 committees, effectively dooming it, he was also sending an unmistakable message about the direction of his party — a G.O.P. that is unrecognizably different from what it was back when Goldwater-style conservatism itself represented an insurgency.Fillmore’s bill would have eliminated early voting altogether and mandated that all ballots be counted by hand.Voting Rights Lab, a nonprofit group that tracks election laws, called it “one of the most comprehensive attacks on nonpartisan election administration and voter access that we have seen.”Most troubling, to voting rights advocates and independent experts, was a provision that would have empowered the Arizona Legislature to “accept or reject the election results” and given a single elector the power to demand that a fresh election be held.And while the bill was never likely to become law, it was an expression of what Barnes called a “cathartic moment” for the Republican Party. “And I think Rusty is not excited about that,” he said.‘We gave the authority to the people’The Arizona dispute comes amid a national convulsion within the Republican Party, which has split into two unequal factions — the pro-Trump forces, who have rallied behind the former president’s calls to overturn the 2020 election, and a dwindling establishment, which has either avoided the subject or faced the wrath of Trump’s allies.On Friday, the Republican National Committee moved to censure Representatives Liz Cheney and Adam Kinzinger for serving on the congressional committee investigating the Jan. 6 riot at the U.S. Capitol. In so doing, the R.N.C. officially declared that the attack was “legitimate political discourse.”Bowers did not respond to multiple requests for an interview, but his public comments indicate a deep unease with how Trump and his base of supporters have promoted wild theories about election fraud and have pushed legislation that voting rights groups say amounts to an undemocratic, nationwide power grab.“We gave the authority to the people,’’ Bowers told Capitol Media Services, an Arizona outlet, earlier this week. “And I’m not going to go back and kick them in the teeth.’’Among Arizona political insiders, Bowers is known as a Renaissance man — an artist who’s equally comfortable rolling up his sleeves to fix a broken vehicle in the middle of the desert as he is painting landscapes in watercolor. A 2015 profile describes him as “a beekeeper and an orchardist” who once trekked to Mexico to live with a remote native tribe.“He has always struck me as independent, his own man,” Robert Robb, a columnist for The Arizona Republic, told us. “He’s a doctrinaire conservative on some things, but a pragmatic, conservative problem-solver on others. Very principled, straight-shooter, full of integrity.”Bowers, a libertarian-style conservative who came of age in Goldwater’s Republican Party, backed Trump in 2020. But he resisted calls after the election to overturn the results — dismissing his colleagues’ claims, which courts and independent experts have said are unfounded, that President Biden did not win Arizona fair and square.“As a conservative Republican, I don’t like the results of the presidential election,” he said in December 2020. “I voted for President Trump and worked hard to re-elect him. But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.”The Arizona G.O.P.’s civil warBowers’s resistance to the shifting currents of Republican politics has made him a frequent target of the pro-Trump right.Last year, when he survived an attempt to recall him from the Legislature, he complained about the aggressive tactics of the Trump supporters behind it.​​“They’ve been coming to my house and intimidating our family and our neighborhood,” Bowers said, describing how mobile trucks drove by his home and called him a pedophile over a loudspeaker.He is term-limited, but his stance could revive efforts to oust him from the speakership — a move that would have national reverberations.Fillmore, who insisted he was willing to bargain over any aspects of his bill, said he was “disappointed that members of my caucus do not have the testicular fortitude” to stand up to Bowers.But he hinted at moves afoot to remove the speaker, whom he accused of sabotaging what he said was a good-faith effort to rein in voting practices that, in his view, have gone too far.“I’m an old-school person. I do not go calmly. I do not go quietly,” Fillmore warned. “I believe Republican voters are solidly in line with me.”Arizona political observers told us it was unlikely that the right wing of the Republican caucus could find a suitable replacement for Bowers, who has survived thus far through a combination of inertia and disorganization among his critics.Fillmore, who said he did not support Trump in 2016 and hadn’t spoken with him, said he had received death threats over the bill from people who accused him of racism for wanting, as he put it, to restore Arizona’s voting laws as they were when he grew up in the 1950s.He expressed his own fortitude pithily. “You know what, people?” he said. “Kiss my grits.”What to readThe Republican Party censured Representatives Liz Cheney and Adam Kinzinger, and called the events of Jan. 6 “legitimate political discourse.” Party leaders later said that the language didn’t apply to the attack on the Capitol, report Jonathan Weisman and Reid J. Epstein. Read the censure resolution here.Former Vice President Mike Pence told the Federalist Society today in Florida that “President Trump is wrong,” and that Pence “had no right to overturn the election.” Lisa Lerer reports that his remarks “offered his most forceful rebuke of Donald Trump.”Biden celebrated the Labor Department’s January jobs report today. Ben Casselman and Talmon Joseph Smith explain that the “overreaching message of the report was one of resilience in the face of a resurgent pandemic.”viewfinderIn Upper Marlboro, Md., President Biden signed an executive order on Friday requiring project labor agreements on many federal construction projects.Sarahbeth Maney/The New York TimesEye contact, with echoesOn Politics regularly features work by Times photographers. On Friday, Sarahbeth Maney caught President Biden looking up at three ironworkers, their legs hanging in the air, just before he signed an executive order benefiting construction trade unions. Here’s what she told us about capturing it:I like how all three of them are looking at Biden, and he’s looking at them. I was hoping there would be some sort of interaction. He thought it was fun. “You’re nuts,” he joked, comparing them to workers who were similarly situated at a job site when he got his first-ever union endorsement. It was a little offbeat moment that makes a speech a little more personal and interesting.They seemed like they were in their natural element. They looked really relaxed. Everyone in the crowd was sitting up very straight — very attentive, just like the men above — but down below, people had their phones out and were recording. When Biden signed the executive order, a lot of people stood up, which actually made it hard for me to take a picture — because their heads and phones were in the way.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at [email protected]. More

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    G.O.P. Declares Jan. 6 Attack ‘Legitimate Political Discourse’

    The Republican National Committee voted to censure Representatives Liz Cheney and Adam Kinzinger for participating in the inquiry into the deadly riot at the Capitol.WASHINGTON — The Republican Party on Friday officially declared the Jan. 6, 2021, attack on the Capitol and events that led to it “legitimate political discourse,” and rebuked two lawmakers in the party who have been most outspoken in condemning the deadly riot and the role of Donald J. Trump in spreading the election lies that fueled it.The Republican National Committee’s voice vote to censure Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois at its winter meeting in Salt Lake City culminated more than a year of vacillation, which started with party leaders condemning the Capitol attack and Mr. Trump’s conduct, then shifted to downplaying and denying it.On Friday, the party went further in a resolution slamming Ms. Cheney and Mr. Kinzinger for taking part in the House investigation of the assault, saying they were participating in “persecution of ordinary citizens engaged in legitimate political discourse.”After the vote, party leaders rushed to clarify that language, saying it was never meant to apply to rioters who violently stormed the Capitol in Mr. Trump’s name.“Liz Cheney and Adam Kinzinger crossed a line,” Ronna McDaniel, the Republican National Committee chairwoman, said in a statement. “They chose to join Nancy Pelosi in a Democrat-led persecution of ordinary citizens who engaged in legitimate political discourse that had nothing to do with violence at the Capitol.”But the censure, which was carefully negotiated in private among party members, made no such distinction, nor is the House committee investigating the attack examining any normal political debate. It was the latest and most forceful effort by the Republican Party to minimize what happened and the broader attempt by Mr. Trump and his allies to invalidate the results of the 2020 election. In approving it and opting to punish two of its own, Republicans seemed to embrace a position that many of them have only hinted at: that the assault and the actions that preceded it were acceptable.It came days after Mr. Trump suggested that, if re-elected in 2024, he would consider pardons for those convicted in the Jan. 6 attack and for the first time described his goal that day as subverting the election results, saying in a statement that Vice President Mike Pence “could have overturned the election.”On Friday, Mr. Pence pushed back on Mr. Trump, calling his assertion “wrong.”“I had no right to overturn the election,” Mr. Pence told the Federalist Society, a conservative legal organization, at a gathering in Florida.Read the full resolutionThe Republican National Committee’s resolution censures Representatives Liz Cheney and Adam Kinzinger.Read Document 2 pagesThe day’s events, which were supposed to be about unity, only served to highlight Republicans’ persistent division over Mr. Trump’s attempt to overturn the 2020 election, as their leaders try to move forward and focus attention on what they call the failings of the Biden administration. More than a year later, the party is still wrestling with how much criticism and dissent it will tolerate.“Shame falls on a party that would censure persons of conscience, who seek truth in the face of vitriol,” Senator Mitt Romney, Republican of Utah, wrote on Twitter “Honor attaches to Liz Cheney and Adam Kinzinger for seeking truth even when doing so comes at great personal cost.”He did not mention that the party chairwoman who presided over the meeting and orchestrated the censure resolution, Ms. McDaniel, is his niece.The censure was also condemned by Senator Bill Cassidy, Republican of Louisiana, who, like Mr. Romney, voted to remove Mr. Trump from office for inciting insurrection on Jan. 6, and Gov. Larry Hogan of Maryland, also a Republican, who called Friday “a sad day for my party — and the country.”Republican National Committee members defended the measure, describing people who have been questioned by the Jan. 6 committee as victims in a broader Democratic effort to keep focus on the attack at the Capitol.“The nominal Republicans on the committee provide a pastiche of bipartisanship, but no genuine protection or due process for the ordinary people who did not riot being targeted and terrorized by the committee,” said Richard Porter, a Republican National Committee member from Illinois. “The investigation is a de facto Democrat-only investigation increasingly unmoored from congressional norms.”The Jan. 6 committee, which has seven Democratic members, has interviewed more than 475 witnesses, the vast majority of whom either volunteered to testify or agreed to without a subpoena. It has no prosecutorial powers, and is charged with drawing up a report and producing recommendations to prevent anything similar from happening again.The party’s far-right flank has long agitated to boot Ms. Cheney and Mr. Kinzinger out of the House Republican Conference for agreeing to serve on the panel, a push that Representative Kevin McCarthy of California, the minority leader, has tried to brush aside. And the formal censure, approved by the state party chairs and committee members who make up the Republican National Committee, is sure to stir up those efforts again.The Republican Party declared the Jan. 6, 2021, attack on the Capitol and events that led to it as “legitimate political discourse.”Jason Andrew for The New York Times“We need to move on from that whole discussion and, frankly, move forward and get the House back in 2022,” said Representative Mike Garcia, a California Republican facing a difficult re-election campaign in a newly configured district.Most House Republicans tried to ignore the actions of the party on Friday, refusing to answer questions or saying they had not read the censure resolution. Representative Dan Crenshaw, Republican of Texas, called it “dumb stuff,” while Representative Mark Green, Republican of Tennessee, lamented the distraction from “this abysmal administration’s record.”Democrats, however, were incensed at the resolution’s language.“The Republican Party is so off the deep end now that they are describing an attempted coup and a deadly insurrection as political expression,” said Representative Jamie Raskin, Democrat of Maryland and a member of the special House committee investigating the Capitol attack. “It is a scandal that historians will be aghast at, to think that a major political party would be denouncing Liz Cheney for standing up for the Constitution and not saying anything about Donald Trump’s involvement in the insurrection.”In his own defense, Mr. Kinzinger said: “I have no regrets about my decision to uphold my oath of office and defend the Constitution. I will continue to focus my efforts on standing for truth and working to fight the political matrix that’s led us to where we find ourselves today.”The resolution spoke repeatedly of party unity as the goal of censuring the lawmakers, saying that Republicans’ ability to focus on the Biden administration was being “sabotaged” by the “actions and words” of Ms. Cheney and Mr. Kinzinger, which indicate “they support Democrat efforts to destroy President Trump more than they support winning back a Republican majority in 2022.”Normally, the party stays out of primary fights, but the resolution will make it easier for the Republican apparatus to abandon Ms. Cheney and throw its weight and money behind her main G.O.P. challenger, Harriet Hageman.It declares that the party “shall immediately cease any and all support of” both lawmakers “as members of the Republican Party for their behavior, which has been destructive to the institution of the U.S. House of Representatives, the Republican Party and our republic, and is inconsistent with the position of the conference.”Mr. Kinzinger has already announced he will not seek re-election, as have some other House Republicans who voted to impeach Mr. Trump for inciting the attack on the Capitol. Ms. Cheney, however, has vowed to stand for re-election.Representative Adam Kinzinger has announced that he will not seek re-election, as have some other House Republicans who voted to impeach Mr. Trump.Stefani Reynolds for The New York TimesEarlier this week, the Wyoming delegation to the Republican National Committee submitted a so-called “Rule 11” letter, formalizing party support for Ms. Hageman. The existence of the letter was reported by The Washington Post.The letter allows the Republican National Committee to send resources to the Wyoming branch of the party to spend on Ms. Hageman’s behalf — essentially designating her as the party’s presumptive nominee. The designations are common in Republican politics, but typically are used to support incumbents who may be facing token primary challengers. Ms. Cheney, who faces an uphill battle in her re-election bid against a Republican Party aligned with Mr. Trump, said party leaders “have made themselves willing hostages” to Mr. Trump.“I do not recognize those in my party who have abandoned the Constitution to embrace Donald Trump,” she said. “History will be their judge. I will never stop fighting for our constitutional republic. No matter what.”Ms. Cheney has a commanding financial advantage over Ms. Hageman, according to federal campaign finance reports released this week. Ms. Cheney entered 2022 with nearly $5 million in campaign cash, while Ms. Hageman reported just $380,000.The censure resolution was watered down from an initial version that called directly for the House Republican Conference to “expel” Ms. Cheney and Mr. Kinzinger “without delay.” That demand was dropped. However, the language condemning the attack on “legitimate political discourse” was then added.William J. Palatucci, a Republican National Committee member from New Jersey who said he opposed the resolution, said those changes were made “behind closed doors.” The final language was officially circulated to committee members early Friday morning. He called it “cancel culture at its worst.”Luke Broadwater More

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    Jan. 6 Defendant Seeks to Subpoena Trump as Witness at Trial

    The request to have the former president testify faces an uphill fight, but it illustrates efforts by defendants to place him at the center of their cases.Almost from the moment that the first rioters were arrested in connection with the violent attack on the Capitol last January, defendants have tried in various ways to blame former President Donald J. Trump for their behavior.Some have attempted to get out of jail on bail by claiming that they stormed the building because Mr. Trump said they should. Others have sought reduced sentences by arguing that they only joined the riot because they believed Mr. Trump had authorized them to do so.On Friday, however, one Jan. 6 defendant took a different and much bolder step in seeking to pull Mr. Trump into the center of his case: He and his lawyer asked a federal judge for permission to subpoena the former president and several of his allies to testify as witnesses at his trial.“It is anticipated that, when called as a witness, Donald J. Trump will testify that he and others orchestrated a carefully crafted plot to call into question the integrity of the 2020 presidential election and the validity of President Biden’s victory,” the lawyer, Samuel H. Shamansky, said in court papers filed on behalf of his client, Dustin Thompson.“Moreover, it will be established at trial that Mr. Trump and his conspirators engaged in a concerted effort to deceive the public, including defendant, into believing that American democracy was at stake if Congress was permitted to certify the election results,” the papers said.It will most likely be an uphill climb for Mr. Shamansky to get permission to subpoena Mr. Trump and force him to appear in court, a process that could also be time-consuming and involve extensive litigation.At a hearing last month, the judge in Mr. Thompson’s case, Reggie B. Walton of Federal District Court in Washington, expressed skepticism about the notion of a former president and members of his inner circle being placed by force on the witness stand. He suggested that Mr. Shamansky could just as easily make his point by playing for the jury video or audio recordings of them speaking on Jan. 6 or in the days leading up to it.The request for the subpoenas came in conjunction with a separate motion in which Mr. Shamansky notified Judge Walton that he intended to mount what is known as a public authority defense when Mr. Thompson goes on trial in April. The strategy involves defendants arguing that they were authorized to commit crimes on the advice of a federal official.A spokesman for Mr. Trump did not immediately respond to a request for comment on the proposed subpoena.At the hearing last month, Mr. Shamansky told Judge Walton that he wanted to subpoena not only Mr. Trump, but also several of his former aides and advisers, including Rudolph W. Giuliani, Stephen K. Bannon, Stephen Miller and John Eastman.Acknowledging that he would have a hard time disputing that Mr. Thompson had committed a crime on Jan. 6, Mr. Shamansky told the judge that he wanted testimony from Mr. Trump and the others in order to establish Mr. Thompson’s mind-set that day and to prove that his client had effectively been duped into breaking the law.As for the recordings Judge Walton suggested, Mr. Shamansky argued that live witnesses always played better in front of juries. He also insisted that he had a right — even a duty — to mount the strongest defense of Mr. Thompson that he could.If Mr. Shamansky gets his way, it is almost certain that the famously litigious Mr. Trump would oppose the subpoena in a bruising legal fight, which could drag out the proceedings for months.In an interview on Friday, Mr. Shamansky said if he succeeded in obtaining the subpoenas, he would not only ask Mr. Trump about his speech that day, but also seek to get his hands on private notes or messages that were used in drafting the address. He added that he knew of no legal prohibition against trying to get testimony from a former president as a material witness in a criminal case.“I’m unaware of any authority that undermines our position,” he said. “The Constitution guarantees and demands Trump’s appearance at trial.”Some legal experts seemed to agree, pointing to President Richard M. Nixon’s failed attempts in 1974 to quash a subpoena by the Watergate special prosecutor for tapes and other documents related to his case. Others noted that, in 1990, former President Ronald Reagan gave videotaped testimony during the trial of John M. Poindexter, his onetime national security adviser, who was charged with obstructing a congressional inquiry into the Iran-contra affair.“Based on the precedent of United States v. Nixon, as well as President Reagan’s testimony in the Poindexter trial, I think there is a plausible case that Trump could be required to produce documents or otherwise testify, at least in some form, in some of the Jan. 6 trials,” said Alan Rozenshtein, a former Justice Department official who teaches at the University of Minnesota Law School.Dustin Thompson, right, with his lawyer, Samuel H. Shamansky, in Columbus, Ohio, last year. Mr. Thompson was charged shortly after the Capitol attack.Joshua A. Bickel/The Columbus Dispatch, via Associated PressMr. Thompson, 37, of Columbus, Ohio, was charged soon after the Capitol attack with stealing a coat rack from inside the building and for being in a restricted area of the Capitol grounds with a onetime college classmate, Robert Lyon, who was also charged.Prosecutors later brought an additional charge against both men, accusing them of obstructing an official proceeding before Congress in which lawmakers were certifying the final count of the Electoral College vote.In an interview with The Columbus Dispatch shortly after the initial charges were filed, Mr. Shamansky said Mr. Thompson and others who went to the Capitol “got brainwashed to the point they felt duty bound to follow the encouragement of their commander in chief.” More

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    G.O.P. Lawsuit Casts N.Y. Congressional Maps as Brazen Gerrymandering

    A Republican-led legal effort faces an uphill battle to overturn newly drawn congressional districts, which Democrats have defended as lawful.A Republican-led group of voters filed a lawsuit late Thursday challenging New York’s freshly drawn congressional maps as unconstitutional, a day after Democratic lawmakers in Albany approved district lines that would heavily favor their party in its battle to retain control of the House.The 67-page suit argued that the new district lines violated a 2014 state constitutional amendment meant to protect against partisan district drawing, saying that Democrats had “brazenly enacted a congressional map that is undeniably politically gerrymandered in their party’s favor.”“This court should reject it as a matter of substance, as the map is an obviously unconstitutional partisan and incumbent-protection gerrymander,” said the lawsuit, which was brought by a group of 14 voters.The lawsuit, which was widely expected, is likely to face an uphill battle: State courts have traditionally been reluctant to reject maps drawn by lawmakers, and it can be difficult to prove that maps that favor one political party were drawn illegally.But the lawsuit was filed in State Supreme Court in Steuben County, a Republican stronghold in the state’s Southern Tier where judges may be more sympathetic to claims of Democratic political gerrymandering.The outcome of the challenge could hinge on how a state judge interprets an anti-gerrymandering provision in the 2014 amendment that has not been tested in court before, as well as the process lawmakers followed to draw the lines.“The question is whether the court will reject 50 years of precedent and reject the plan,” said Jeffrey Wice, a senior fellow at New York Law School’s Census and Redistricting Institute.Understand Redistricting and GerrymanderingRedistricting, Explained: Answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.New York: Democrats’ aggressive reconfiguration of the state’s congressional map is one of the most consequential in the nation.Texas: Republicans want to make Texas even redder. Here are four ways their proposed maps further gerrymandered the state’s House districts.The judge could uphold or reject the maps, and potentially compel Democrats to redraw them — or appoint a special master to do so in a nonpartisan way should the Legislature prove unable to. The decision, if appealed, may eventually wind its way to the Court of Appeals, the state’s highest court.Democrats have rejected the charge of gerrymandering, arguing that the new lines are a fair representation of a state that is overwhelmingly Democratic and where population changes over the last decade have only served to further depopulate conservative rural areas and grow urban and suburban communities that tend to be more favorable to their party.The newly drawn maps in New York position Democrats to potentially flip three House seats in November, the largest projected shift in any state.The challenge against the maps comes as both parties continue their attempts to leverage the redistricting process nationwide, with Republicans often doing so more effectively because of their majorities in large states like Texas. Republican maps are being challenged in several states.State lawmakers in New York had long been in charge of drawing the lines, but the 2014 amendment created a 10-member bipartisan redistricting commission tasked with drawing balanced maps devoid of the type of gerrymandering that had plagued the state over decades.But the commission, as many in Albany expected, became deadlocked and failed to agree on a single set of maps last month. That mean that, under the process outlined in the law, the power to redraw the maps was reverted to the Legislature, where Democrats hold supermajorities in both chambers.Shortly after, Democratic lawmakers moved swiftly to draw and consider their own district lines. No public hearings were held, a move that was decried by Republicans and good-government groups, but which Democrats justified as necessary in order to comply with a time-sensitive electoral calendar.Democrats passed the maps on Wednesday and Gov. Kathy Hochul, a fellow Democrat, signed them into law the following day.“We are 100 percent confident that the lines are in compliance with all legal requirements,” said Mike Murphy, a spokesman for Andrea Stewart-Cousins, the Democratic majority leader in the State Senate. “They are a gigantic step forward for fairer representation and reflect the strength and diversity of New York like never before”Democrats in New York currently hold 19 seats, while Republicans control eight seats. The new maps, which include one less seat as a result of population loss, would favor Democrats in 22 of the state’s 26 congressional districts.The lawsuit filed on Thursday outlined instances, from Staten Island and Brooklyn to Long Island and the North Country, in which, the plaintiffs said, lawmakers deliberately redrew district lines to give Democrats an overall edge.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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    Apathy and Anger in France’s Election Everytown

    Auxerre has backed the winner in every French presidential race for 40 years. This time, the town’s politics are drifting right, and many struggling residents see little to vote for.AUXERRE, France — With its magnificent 13th-century Gothic cathedral and its prominent statue of Paul Bert, one of the founders of France’s secular school system, Auxerre seems to encapsulate French history. Half-timbered houses line picturesque riverbanks. Vines roll across the surrounding countryside.“Auxerre is the typical French provincial town,” said Crescent Marault, the mayor.So typical, in fact, that for the past 40 years the Burgundy town has consistently voted for the winning presidential candidate, mirroring results at the national level and making the town a political bellwether of sorts.Today, like much of France, Auxerre has experienced a shift to the right, the result of a malaise that stems in part from the difficulties of getting a job in the provincial town, and stagnant earnings for those who are employed — as well as from less tangible fears over immigration and crime.Mr. Marault, the right-wing mayor, came to office in 2020 by beating the former socialist mayor of 19 years. He said insecurity was a growing concern for his constituents.Walking along the Yonne River in Auxerre. The town’s mayor said insecurity was a growing concern for his constituents.Dmitry Kostyukov for The New York Times“It’s as if some people let themselves be intoxicated by the comments on a national scale,” he said. “But frankly, we cannot consider that Auxerre is a city where there is insecurity.” The crime rate in Auxerre is higher than the national average but far below that in Paris.This drift rightward has been accompanied by growing disillusionment with politics as a whole. Many people seem to have given up on the idea that political change can make any difference to their lives.“The presidential election is a moment of polarization of media attention, but is not found in people’s daily lives,” said Benoît Coquard, a sociologist who specializes in rural life. “It’s important to see this gap between the media bubble and what is actually happening in the lives of people who are uninterested in it.”Valentine Souyri, 38, a bus driver who was watching her children at a playground, said that “the problem is not immigration.”“The problem is that the people who want power don’t know what it’s like to be down here,” said Ms. Souyri, who never fails to vote in elections. But this time, she’s unsure.“Nothing is changing for us here, for the people” Kader Djemaa, an unemployed father of three, said.Dmitry Kostyukov for The New York Times“None of them talks about what we are really interested in,” she said. “I’ve been looking for an ophthalmologist for my son for a year, I haven’t had a dentist for two years. Here we have nothing, it’s a desert.”“My parents were minimum-wage earners too, but they got by more,” Ms. Souyri added, echoing persistent concerns in France that social mobility is broken and social protections are diminishing.She once told her son, who wanted to become a member of the National Assembly, that “you are a child of a minimum-wage earner, you will be one, your children and grandchildren will too. Welcome to France!”Such frustration over a future perceived as bleak explains some of the shift toward political extremes. In the 2020 first round of regional elections, the far-right National Rally party was second in Auxerre, with 20 percent of the votes — up from 9.3 percent in the first round of the 2007 presidential election.Some businesses in the center of Auxerre have closed.Dmitry Kostyukov for The New York TimesÉmilie Pauron, 37, also a bus driver in Auxerre, has voted for Marine Le Pen, the National Rally’s leader, in every presidential election since 2012.“The state has no money, and there are French people in the countryside who are starving,” Ms. Pauron said as she watched over her daughter — whose father is Congolese — at the same playground on the outskirts of town. “And those who arrive,” she added, alluding to immigrants, “we give them everything. We must stop.”Many in Auxerre mentioned the rising cost of living as their main concern. A recent poll shows a similar feeling at the national level, with 51 percent of French rating purchasing power as their main source of concern, well before immigration.Like in many medium-sized towns of so-called “peripheral France,” Auxerre suffered from the closing of a factory in 1990s — in this case, one that made woodworking tools and used to be among the area’s main employers. Now cut off from the main centers of population and employment, the town is experiencing the disconnect from the governing elite in Paris that drove the Yellow Vest movement three years ago.Many in Auxerre mentioned the rising cost of living as their main concern.Dmitry Kostyukov for The New York TimesWith less than three months to go before the April vote, the presidential campaign is feverishly discussed in the French media.On the right, polls show between 12 and 18 percent support for Ms. Le Pen; a far-right rival, Éric Zemmour; and Valérie Pécresse, the candidate of France’s established conservative party, Les Républicains. They are fighting to unseat President Emmanuel Macron, a centrist, who is leading the polls with 24 percent. The left, hopelessly splintered, has no candidate with more than 10 percent.In the 2007 presidential election, a majority in Auxerre voted for Nicolas Sarkozy — 31 percent in the first round and around 52 percent in the second one, matching the nationwide figures.In the first round of the 2012 election, too, Auxerre voted in the same proportions for the main candidates as at the national level. Jean-Luc Mélenchon, from the hard left, won 11 percent, Ms. Le Pen 17 percent and François Hollande, the socialist who would be elected, roughly 30. In 2017, Mr. Macron came out on top in Auxerre in the first round with 25 percent.A teenager waiting on the street near a high school. Frustration over a future perceived as bleak explains some of the shift toward political extremes in the town.Dmitry Kostyukov for The New York TimesIf Auxerre is a bellwether, it seem curiously detached in this election. For many people, the vote seems to feel as distant and irrelevant as Paris and the elites who live there.Learn More About France’s Presidential ElectionCard 1 of 6The campaign begins. More