Elections

Curbs on drop boxes, tougher ID requirements and purges of voter rolls would have been weakened, or never even passed, if a federal oversight system had been in place.Georgia toughened identification requirements for absentee voting. Arizona authorized removing voters from the rolls if they do not cast a ballot at least once every two years. Florida and Georgia cut back sharply the use of drop boxes for mail-in ballots.All of these new voting restrictions would have been rejected or at least softened if a federal civil rights protection from the 1960s were still intact, experts in election law said.For decades, the heart of the landmark Voting Rights Act of 1965 was a practice known as preclearance, largely detailed under Section 5 of the statute. It forced states with a history of racial discrimination to seek approval from the Department of Justice before enacting new voting laws. Through preclearance, thousands of proposed voting changes were blocked by Justice Department lawyers in both Democratic and Republican administrations.In 2013, however, Section 5 was hollowed out by the Supreme Court, as Chief Justice John G. Roberts Jr. wrote in a majority opinion that racial discrimination in voting no longer constituted a significant threat.As Republican-led state legislatures have tightened voting rules after the 2020 election, new restrictions have been enacted or proposed in four states that are no longer required to seek approval before changing voting laws: Georgia, Arizona, Texas and Florida. Those new restrictions would almost certainly have been halted, stalled or altered had Section 5 still been in use, according to interviews with former federal prosecutors and a review by The New York Times of past civil rights actions by the Justice Department.“There’s nothing subtle about what they’re trying to do,” said Tom Perez, the former head of the Justice Department’s civil rights division and a former chairman of the Democratic National Committee. “If Section 5 were still around, those laws would not see the light of day.”The restoration of preclearance is now at the center of a debate in Congress over the passage of federal voting legislation.On Tuesday, the House passed the John Lewis Voting Rights Advancement Act, which would restore preclearance in several states, among other changes. Attorney General Merrick B. Garland has urged Congress to revive preclearance, but Senate Republicans oppose such a move, and a filibuster in the Senate threatens to sink the bill before it can reach President Biden’s desk.President Lyndon B. Johnson greeted Martin Luther King Jr. after signing the Voting Rights Act into law in August 1965.Lyndon B. Johnson LibrarySection 5 covered nine states — Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia — and several counties in New York, Florida, California, South Dakota and North Carolina.Many changes sailed through the Department of Justice during the years of preclearance. Still, thousands of proposed voting laws and rules were found to be discriminatory. From January 1982 to July 2005, Justice Department lawyers filed 2,282 objections to 387,673 proposed voting changes under Section 5, according to a study by the University of California, Berkeley, School of Law.Again and again this year, states have enacted voting restrictions that closely track measures that were flagged and rejected years ago under preclearance.In Georgia, a law that toughened ID requirements for absentee voting will have a disproportionate effect on Black voters, who make up about a third of the electorate. More than 272,000 registered voters lack the forms of identification that are newly required to cast absentee ballots, according to a study by The Atlanta Journal-Constitution. More than half of them are Black.“If you have a voter-ID law where a lot of people don’t have one of the IDs, that’s a red flag,” said Jon Greenbaum, chief counsel for the Lawyers’ Committee for Civil Rights Under Law and a former voting rights lawyer for the Justice Department under the Clinton and George W. Bush administrations.Mr. Perez, the head of the civil rights division from 2009 to 2013, recalled an Arizona bill that proposed barring third parties from dropping off absentee ballots on behalf of voters. The Navajo Nation protested that some of its communities were hours from the nearest mailbox, making the act of voting by mail an arduous one.The Justice Department pushed back at Arizona lawmakers in preclearance. “We asked them a series of very pointed questions because we had real concerns that it was discriminatory, and they withdrew it,” he said. “As a result of the questions we asked, Section 5 worked in that case. But once Section 5 was emasculated in 2013, they had free rein to enact it.”That bill, Mr. Perez noted, was similar to a new Arizona ban on ballot collection upheld in a recent Supreme Court decision.Republicans across the country have defended the new voting laws and denied they are restrictive, often repeating the mantra that the laws make it “easier to vote, harder to cheat.”Gov. Brian Kemp of Georgia called a Justice Department lawsuit over the state’s new ID requirements “disgusting” and a “politically motivated assault on the rule of law.”Republicans do not dispute that the current Department of Justice, under Mr. Garland, would have challenged the new laws under Section 5. But they argue that the Biden administration is focusing on the politics of voting rights and not on the merits of the laws.“Laws that would have likely been precleared in a previous Democratic administration would be easily objected to by the current Biden administration,” said Justin Riemer, the chief counsel at the Republican National Committee.He added: “And it is very apparent to us that their determinations would be politically motivated in stopping states from enacting reasonable regulations that protect the integrity of their election processes.”Six former leaders of the civil rights division under Republican presidents from Ronald Reagan to Donald J. Trump declined to comment or did not respond to requests to comment.The greatest power of Section 5, voting rights experts said, was as a deterrent.The burden of proof that laws were not discriminatory was placed on covered states: They had to show that the laws were not going to further restrict voting rights among communities of color.“A lot of these provisions would have never been enacted in the first place if Section 5 were still there,” Mr. Greenbaum said. “Because these states know that if they couldn’t disprove retrogression, it would go down in flames.”The recent law in Arizona that removed voters from the permanent early voting list if they do not cast a ballot at least once every two years caught the eye of Deval Patrick, who led the civil rights division during the Clinton administration and later was governor of Massachusetts.People rallied in support of the Voting Rights Act outside the Supreme Court in February 2013.Christopher Gregory for The New York TimesIn 1994, Mr. Patrick objected to a Georgia proposal that would purge registered voters from the rolls if they failed to vote for three years unless they reaffirmed their registration status. He said the Arizona law struck him as another example of purging.“I think purging is one of the more pernicious undertakings, and I say this as somebody who is preternaturally neat,” Mr. Patrick said. “It is easier in many states today to keep a driver’s license than it is to keep your voter registration.”Gov. Doug Ducey of Arizona, a Republican, insisted that the new law was about election integrity. Active voters would still get ballots, while resources would be freed for “priorities like election security and voter education,” he said in a video after signing the bill. “Not a single Arizona voter will lose their right to vote as a result of this new law.”Mr. Patrick also said the preclearance process had helped prevent changes in voting rules aimed at engineering a victory.He pointed to Georgia, where Mr. Biden won by fewer than 12,000 votes. Georgia’s new voting law prohibits the use of provisional ballots by voters who show up at the wrong precinct before 5 p.m. on Election Day. But “out of precinct” voters accounted for 44 percent of provisional ballots last year, by far the most common reason. Of 11,120 provisional ballots counted, Mr. Biden won 64 percent.“When the margin of victory was as slim as it was, the notion that the provisional ballots might not be counted because of some very technical and frankly trivial issue, that’s a problem,” Mr. Patrick said.Voting rights lawyers also liken new laws curbing the use of drop boxes to past attempts — blocked by the Justice Department under preclearance — to reduce the numbers of polling places or absentee-ballot locations.In 1984 alone, for example, Reagan administration lawyers objected to the relocation of a Dallas polling place to a predominantly white community from a largely Black one, and challenged bills in Arizona that would have reduced access to polling places by rotating locations and cutting operating hours.In Georgia, 56 percent of absentee voters in urban Fulton County and suburban Cobb, DeKalb and Gwinnett counties returned their ballots in drop boxes, according to The Atlanta Journal-Constitution. Under Georgia’s new law, those counties will now have just 23 drop boxes, compared with 94 during the 2020 election.And in Texas last year, with roughly a month left before Election Day, Gov. Greg Abbott directed counties to offer only one location for voters to drop off mail-in ballots.“So you had counties with four million people and it was one place essentially to drop off your ballot,” said Chad Dunn, a longtime voting-rights lawyer. “Those are provisions that would have been stopped immediately.” More

US Capitol attackCapitol police officers sue Trump and far-right groups over 6 January attack Roger Stone also named in suit by six officers in federal court Ex-president worked with others to ‘commit acts of … terrorism’ Maya Yang in New York and agenciesThu 26 Aug 2021 14.20 EDTLast modified on Thu 26 Aug 2021 14.31 EDTCapitol police officers who were attacked and beaten during the insurrection at the US Congress on 6 January by extremist supporters of Donald Trump filed a lawsuit on Thursday against the former Republican president, his ally Roger Stone and members of far-right extremist groups.The officers accused them of intentionally sending a violent mob to disrupt the congressional certification of Joe Biden’s victory in the November 2020 election.The suit in federal court in Washington DC alleges Trump “worked with white supremacists, violent extremist groups, and campaign supporters to violate the Ku Klux Klan Act, and commit acts of domestic terrorism in an unlawful effort to stay in power”.The suit was filed on behalf of the seven officers by the Lawyers’ Committee for Civil Rights Under Law.“Trump’s and his co-conspirators’ repeated cries of election fraud caused many of his supporters, including other defendants, to plan to employ force, intimidation and threats on his behalf to keep him in office, should he lose the election,” the lawsuit alleges.“Because of defendants’ unlawful actions, plaintiffs were violently assaulted, spat on, teargassed, bear-sprayed, subjected to racial slurs and epithets, and put in fear for their lives. Plaintiffs’ injuries, which defendants caused, persist to this day,” the lawsuit added.It names the former president, the Trump campaign, Stone and members of the extremist far-right groups the Proud Boys and Oath Keepers, some of whose members were involved at the Capitol attack.Roger Stone is understood to have links to some of the far-right individuals who have been charged as a result of the riot in Washington DC. Stone was pardoned by Trump just before the then president left office after his defeat, having previously had his prison sentence commuted for crimes in relation to the Russia investigation into the 2016 election campaign.Trump held a rally near the White House on 6 January in which he encouraged his supporters to march on the nearby Capitol in an effort to stop certification of Biden’s victory over him, which was due to take place in a process involving the House of Representatives and the US Senate that day.Top Republicans move to protect Trump from Capitol attack falloutRead moreThe officers listed in the lawsuit are Conrad Smith, Danny McElroy, Byron Evans, Governor Latson, Melissa Marshall, Michael Fortune and Jason DeRoche. Collectively, the officers “have dedicated more than 150 years” to protecting Congress.While several police officers who served during the riots have come forward with stories of their experiences on 6 January, most notably during the congressional hearing in July, Thursday’s lawsuit is the first time that the seven plaintiffs, five of whom are Black, offered details of their experiences.“One attacker shoved Officer Latson … Attackers then breached the Senate Chamber, physically assaulted Officer Latson, and hurled racial slurs at him, including ‘n****r’ … Officer Latson suffered physical injury from being physically struck by attackers and from exposure to noxious pepper spray, bear spray, fire extinguishers, and other pollutants sprayed by attackers,” the lawsuit said.Another officer, Michael Fortune, upon arrival at the Capitol, “saw that it was like a war zone, with chemical fog in the air, tables flipped, statues defaced, feces on the walls, and blood and broken glass on the floors”.DeRoche, an 18-year Capitol police veteran and a navy veteran, said the lawsuit was not about a monetary settlement. Rather, he said, the lawsuit aimed to set the record straight about what happened on 6 January. He wanted Trump and the other defendants to be held accountable for their actions, so “if they were to do this ever again, there would be consequences,” the suit said.‘I went to hell and back’: officer condemns Republican lawmakers who spurned Capitol attack hearingRead moreA House committee has started in earnest to investigate what happened that day, sending out requests on Wednesday for documents from intelligence, law enforcement and other government agencies.More than 500 people who took part in the insurrection are facing criminal charges in one of the biggest federal investigations since the September 11, 2001, terrorist attacks on the US.Two other similar cases have been filed in recent months by Democratic members of Congress. The suits allege the actions of Trump and his allies led to the violent siege of the Capitol that injured dozens of police officers, delayed the certification of Biden’s victory and sent lawmakers running for their lives.Trump accused the committee of violating “longstanding legal principles of privilege” but his team had no immediate comment on Thursday’s lawsuit.“Racism and white supremacy pervaded Defendants’ efforts from the outset,” the lawsuit said.Thursday’s lawsuit was the first to accuse Trump of working with both far-right extremists and political organizers to promote his dishonest allegations of a fraudulent election.“This is probably the most comprehensive account of 6 January in terms of civil cases,” said Edward Caspar, a lawyer who is leading the lawsuit.TopicsUS Capitol attackUS policingDonald TrumpRoger StoneThe far rightnewsReuse this content More

Israel’s new prime minister, Naftali Bennett, heads to Washington promising better relations and seeking support for covert attacks on Iran’s nuclear program.WASHINGTON — The cable sent this year by the outgoing C.I.A. officer in charge of building spy networks in Iran reverberated throughout the intelligence agency’s Langley headquarters, officials say: America’s network of informers had largely been lost to Tehran’s brutally efficient counterintelligence operations, which has stymied efforts to rebuild it.Israel has helped fill the breach, officials say, its robust operations in Iran providing the United States with streams of reliable intelligence on Iran’s nuclear activities, missile programs and on its support for militias around the region.The two countries’ intelligence services have a long history of cooperation and operated in virtual lock step during the Trump administration, which approved or was party to many Israeli operations in its shadow war against Iran.That changed after the election of President Biden, who promised to restore the nuclear agreement with Iran that Israel so vigorously opposed. In the spring, Benjamin Netanyahu, then Israel’s prime minister, even curtailed intelligence sharing with the United States because he did not trust the Biden administration.The challenge for the two countries — as Israel’s new prime minister, Naftali Bennett, meets with Mr. Biden at the White House on Thursday — will be whether they can rebuild that trust even as they pursue contradictory agendas on Iran. The Biden administration favors a diplomatic approach, reviving and building on the 2015 nuclear agreement, while Israeli officials say that only force can stop Iran from building an atomic bomb.A key goal for Mr. Bennett will be to determine whether the Biden administration will continue to support Israel’s covert operations against Iran’s nuclear program, senior Israeli officials said.Israeli officials hope that any new deal with Iran will not limit such operations, which in the past have included sabotage of Iranian nuclear facilities and the assassination of Iranian nuclear scientists.The White House meeting comes just weeks after William J. Burns, the C.I.A. director, traveled to Israel to meet his counterpart, David Barnea, as well as Mr. Bennett, a sign of the importance of intelligence cooperation to the bilateral relationship.“The sharing of intelligence and operational activity between Israel and the United States is one of the most important subjects on the agenda for the meeting,” said Maj. Gen. Aharon Zeevi Farkash, a former director of Israeli military intelligence. “Israel has developed unique capabilities for intelligence collection in a number of enemy countries, capabilities that the United States was not able to grow on its own and without which its national security would be vulnerable. ”William J. Burns, the C.I.A. director, second from left, recently met with his counterpart in Israel. The two agencies are trying to rebuild trust as their countries pursue contradictory agendas on Iran.Stefani Reynolds for The New York TimesIn his meeting with Mr. Biden, Mr. Bennett’s hand will be strengthened by the fact that the United States has become more dependent on Israel for information on Iran. The United States has other sources of information, including electronic eavesdropping by the National Security Agency, but it lacks the in-country spy network Israel has..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The risk of such dependence became clear in April when Israel set off explosives at Iran’s Natanz nuclear plant.Mr. Netanyahu had ordered his national security officials to reduce the information that they conveyed to the United States about planned operations in Iran, American and Israeli officials said.And on the day of the attack, Israel’s foreign intelligence agency, the Mossad, gave the United States less than two hours’ notice, according to American and Israeli officials, far too short a time for the United States to assess the operation or ask Israel to call it off.Israeli and American officials interviewed for this article spoke on the condition of anonymity to discuss classified operations.Israeli officials said they took the precautions because Americans had leaked information about some Israeli operations, a charge U.S. officials deny. Other Israeli officials say the Biden administration had been inattentive to their security concerns, too focused on reviving the Iran nuclear agreement that President Donald J. Trump had pulled out of.A satellite photo showing the Natanz nuclear facility in April 2021. Days earlier, Israeli operatives set off a large explosion inside the plant. Planet Labs Inc., via Associated PressIn Washington, many American officials said they believed that Mr. Netanyahu was just resuming the grudge he had held against the Obama administration, which negotiated the nuclear deal with Iran.The last-minute notification of the Natanz operation was the starkest example that Israel had changed its procedures since the Trump presidency.Senior Biden administration officials said that the Israelis, at least in spirit, had violated a longstanding, unwritten agreement to at least advise the United States of covert operations, giving Washington a chance to object.Mr. Burns called his counterpart, Yossi Cohen, the Mossad chief, expressing concern over the snub, according to people briefed on the call.Mr. Cohen said that the belated notification was the result of operational constraints and uncertainty about when the Natanz operation would take place.For the American-Israeli intelligence relationship, it was another a sharp turnabout.Relations had soured during the Obama era.The Obama White House, concerned that Israel was leaking information, kept the existence of the negotiations with Iran secret from Israel, a former Obama administration official said. Israeli intelligence learned of the meetings from its own sources.Mr. Netanyahu was also convinced that American spy agencies were keeping him under surveillance, according to a former Israeli official.During the Trump administration, cooperation reached new highs.In the spring, Benjamin Netanyahu, then Israel’s prime minister, curtailed intelligence sharing with the United States because he did not trust the Biden administration.Dan Balilty for The New York TimesWhen the Mossad stole Iran’s nuclear archive in 2018, the only foreign officials briefed in advance were Mr. Trump and his C.I.A. director, Mike Pompeo.Israeli officials used the documents to convince Mr. Trump that Iran had an active nuclear weapons program, and Mr. Trump cited them when he withdrew from the nuclear agreement months later, a major victory for Mr. Netanyahu.“This was clever use of intelligence,” Mr. Netanyahu told The New York Times in 2019.Iran has denied that it seeks a nuclear weapon, but the archives showed that Iran had a nuclear weapons program as recently as 2003. According to American intelligence officials, no evidence has emerged that the program continued.During meetings with senior Trump administration officials in late 2019 and early 2020, Mr. Cohen presented a new Iran strategy, arguing for aggressive covert operations to sabotage Iran’s nuclear facilities and killing key personnel to force Iran to accept a stricter agreement.Israel began a wave of covert operations, keeping the Trump administration in the loop on a series of cyber and bombing attacks on Iranian nuclear facilities and on the assassination of Iran’s chief nuclear scientist, Mohsen Fakhrizadeh, in November 2020, after the American election but before Mr. Biden took office.The two countries also cooperated on two operations in 2020: a U.S. operation to kill the leader of Iran’s paramilitary Quds Force, Maj. Gen. Qassim Suleimani, and an Israeli operation to kill a Qaeda leader who had taken refuge in Tehran.Mr. Pompeo, who later served as secretary of state, said that there was no relationship more important during his four years in the Trump administration than the one that the C.I.A. had with the Mossad.“The two organizations really had a moment, an important moment in history,” he said in an interview in June.In January 2020, an American drone strike killed Maj. Gen. Qassim Suleimani as he was leaving the Baghdad airport. The strike was aided by Israeli intelligence.Sergey Ponomarev for The New York TimesBut the warmth of the Trump years quickly gave way to chillier relations this year. The Biden administration’s announcement of its plan to return to the Iran nuclear deal and repeated delays of visits by Israeli intelligence officials to Washington deepened skepticism of the new administration in Israel.Mr. Cohen sought to repair the relationship with the United States during his final months as Mossad chief, a senior Israeli official said.On his final visit to Washington in April, a little more than two weeks after the Natanz bombing, he met with C.I.A. officials and Mr. Biden, promising a more transparent intelligence relationship. Mr. Burns gave him a warm reception, and an award for fostering the close partnership between the Mossad and the C.I.A.“You have people within both intelligence organizations that have had relationships for a very long time,” said Will Hurd, a former C.I.A. officer and former member of the House Intelligence Committee. “There is a closeness and an ability to potentially smooth out some of the problems that may manifest from the leaders.”Arguably as important in rebooting the relations between the two spy shops was the departure of Mr. Netanyahu from the prime minister’s office.Prime Minister Naftali Bennett, who meets with President Biden on Thursday, said he would use the meeting with Mr. Biden to try to reset the tone of Israel’s relationship with the United States.Amit Elkayam for The New York TimesMr. Bennett says he wants to open a new chapter in relations with the White House, and has promised a more constructive approach.But the Mossad is already planning more secret operations in Iran. The question for the Biden administration is which are acceptable and when, General Zeevi Farkash said.“The U.S. and Israel must jointly identify the red lines so that if Iran crosses them, Israel can act to prevent it from achieving military nuclear capacity,” he said.Julian E. Barnes and Adam Goldman reported from Washington, and Ronen Bergman from Tel Aviv. Eric Schmitt contributed reporting from Washington. More

Sidney Powell, L. Lin Wood and seven other lawyers deceived federal courts and debased the judicial process, a federal judge wrote.A federal judge in Michigan on Wednesday night ordered sanctions to be levied against nine pro-Trump lawyers, including Sidney Powell and L. Lin Wood, ruling that a lawsuit laden with conspiracy theories that they filed last year challenging the validity of the presidential election was “a historic and profound abuse of the judicial process.”In her decision, Judge Linda V. Parker of the Federal District Court in Detroit ordered the lawyers to be referred to the local legal authorities in their home states for possible suspension or disbarment.Declaring that the lawsuit should never have been filed, Judge Parker wrote in her 110-page order that it was “one thing to take on the charge of vindicating rights associated with an allegedly fraudulent election,” but another to deceive “a federal court and the American people into believing that rights were infringed.”“This is what happened here,” she wrote.Ms. Powell and Mr. Wood did not respond immediately to comment on the ruling. The other lawyers, including two who served in the Trump administration, could not be reached on Wednesday night for comment.The Michigan lawsuit, filed in late November, was one of four legal actions, collectively known as the “Kraken” suits, that Ms. Powell filed in courts around the country, claiming that tabulation machines made by Dominion Voting Systems were tampered with by a bizarre set of characters, such as the financier George Soros or Venezuelan intelligence agents. In the suits, she complained without merit that those conspirators began a complicated, covert plot to digitally flip votes from President Donald J. Trump to his opponent, Joseph R. Biden Jr.Judge Parker’s order came about a month after a marathon hearing during which she repeatedly pressed Ms. Powell and her colleagues about how — or even whether — they had verified the statements of witnesses who filed sworn statements making claims of widespread fraud and tampering with voting machines. Several times, Judge Parker expressed astonishment at the lawyers’ answers, telling them they had a responsibility to perform “minimal due diligence” and calling some of the lawsuit’s claims “fantastical.”In her decision, Judge Parker accused Ms. Powell, who is based in Dallas, and Mr. Wood, who is based in Atlanta, of abusing “the well-established rules” of litigation by making claims that were backed by neither the law nor evidence, but were instead marked by “speculation, conjecture and unwarranted suspicion.”“This case was never about fraud,” Judge Parker wrote. “It was about undermining the people’s faith in our democracy and debasing the judicial process to do so.”David Fink, a lawyer for the City of Detroit, called the ruling “a powerful message to attorneys everywhere.”“Follow the rules, stick to the truth or pay a price,” Mr. Fink said. “Lawyers will now know that there are consequences for filing frivolous lawsuits.”Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

Gov. Kathy Hochul chose Mr. Benjamin, a state senator from Harlem, to fill the second highest-ranking role in New York’s government.ALBANY, N.Y. — Gov. Kathy C. Hochul has chosen Brian A. Benjamin, a Democratic state senator from Harlem, to be her lieutenant governor, the second highest-ranking position in New York State, according to two people familiar with the decision.Ms. Hochul, a Democrat from Western New York who was sworn in as the state’s first female governor on Tuesday, is expected to announce the appointment at an event in Harlem on Thursday.The selection of Mr. Benjamin, who is Black, underscored Ms. Hochul’s attempt to diversify her ticket as she mounts her first campaign for governor next year, choosing a potential running mate who could help broaden her appeal in the voter-heavy New York City region.Mr. Benjamin is the senior assistant majority leader in the State Senate, where he has been a vocal proponent of criminal justice reforms. He ran unsuccessfully for city comptroller earlier this year, placing fourth in a crowded Democratic primary. Ms. Hochul’s office declined to comment. Mr. Benjamin, 44, who represents a large swath of Upper Manhattan, did not respond to requests for comment.A lieutenant governor becomes governor when the governor dies, resigns or is impeached. He or she also serves as acting governor when the governor is absent or disabled.But the position, which became vacant as a result of Ms. Hochul’s ascension after former Gov. Andrew M. Cuomo’s resignation, has traditionally served a mostly ceremonial role, entrusted with few statutory duties besides the formality of serving as president of the State Senate.Ms. Hochul, who was recruited by Mr. Cuomo as his running mate in 2014, did not have a close relationship with her predecessor during her nearly seven years as lieutenant governor; for example, she was not a part of Mr. Cuomo’s coronavirus briefings.Pointing to the work dynamic between President Biden and Vice President Kamala Harris, Ms. Hochul has said recently that she wanted to avoid sidelining whoever she picked as lieutenant governor, and entrust them with a policy portfolio.Ms. Hochul had indicated that she intended to select someone from New York City. Ms. Hochul, who is white, approached a handful of city politicians who are people of color, including State Senator Jamaal Bailey, a rising star in Bronx politics; Assemblywoman Rodneyse Bichotte, the leader of Brooklyn’s Democratic Party; and Rubén Díaz Jr., the outgoing Bronx borough president.She settled on Mr. Benjamin, a graduate of Brown University and Harvard University who worked at Morgan Stanley and was a managing partner at Genesis Companies, a real estate firm with a focus on affordable housing, before entering politics.In 2017, he ran for the State Senate seat vacated by Bill Perkins, who had won a seat in the City Council. He emerged as the Democratic Party’s pick for the seat after a convention vote in March and went on to easily defeat his Republican opponent in the overwhelmingly blue district, assuming office that June.As a senator, Mr. Benjamin has backed efforts to close Rikers Island and supported legislation on a range of criminal justice issues, from ending cash bail and reforming discovery to ending solitary confinement and reforming parole laws.He has also sponsored bills to get banks to divest from private for-profit prisons and create a so-called “rainy day fund” that New York City could tap into during fiscal emergencies. Mr. Benjamin said earlier this year that he supported the defund the police movement.Michael Blake, a former assemblyman from the Bronx who endorsed Mr. Benjamin in the comptroller primary, stressed that he should be recognized for his skills and experience, not just how his race and standing among Black voters could aid Ms. Hochul politically.“I think it’s important to realize that Brian is talented, and he is also Black,” Mr. Blake said.“People are always paying attention to talent even when there is no success,” Mr. Blake added. “He ran for city comptroller — I think he was the most qualified — and lost, but at the end of the day, God had bigger plans for him.”The competitive Democratic primary for comptroller included Corey Johnson, the speaker of the City Council, and Councilman Brad Lander, who emerged victorious as the standard-bearer of the party’s left flank. Mr. Benjamin finished fourth, behind Michelle Caruso-Cabrera, a former CNBC anchor.During the primary, Mr. Benjamin’s campaign relinquished nearly two dozen donations after The City raised questions about their authenticity.Mr. Benjamin’s poor showing in the primary could raise questions about how many votes from New York City he could help Ms. Hochul attract as a running mate, especially if the governor faces a primary challenge from a person of color.Jumaane Williams, the city’s public advocate, has said he is actively exploring a run for governor and Letitia James, the state attorney general, is considered a strong candidate, although she has given no indication that she intends to run.“Brian did not have a successful run citywide, but that doesn’t mean he won’t have a successful run statewide,” said Christina Greer, an associate professor of political science at Fordham University. “He has a financial background and could galvanize Black voters. He would translate well upstate.”Mr. Benjamin is a close friend of Keith L.T. Wright, the chairman of the Democratic Party in Manhattan, who backed Mr. Benjamin’s Senate candidacy. On Wednesday, Mr. Wright praised Ms. Hochul’s choice.“He’s bright, he’s intelligent and I think he’ll be a great pick,” Mr. Wright said. “I think he would be someone who would roll up his sleeves and get to work.”Charles B. Rangel, the former congressman and New York political icon, described the selection of Mr. Benjamin as “a tremendous opportunity for the governor to broaden her base now and make her case for re-election.”Some wondered whether Mr. Benjamin’s ascension could signal a resurgence of Black political power in Harlem, which has ceded ground to Brooklyn.David N. Dinkins, the city’s first Black mayor, hailed from Harlem and was a part of the “Gang of Four,” a group of African-American elected officials who had an outsize influence on state politics. David A. Paterson, who served as the state’s first Black governor and lieutenant governor, was connected to that history through his father, Basil Paterson, a former state senator. Mr. Rangel and Percy E. Sutton, the former Manhattan borough president and a civil rights leader, were the other members of the group.“It’s nice to see that younger generation of Harlem politicians come into their own,” said Lupé Todd-Medina, a Brooklyn-based Democratic communications strategist who counts Mr. Benjamin as a former client.Even so, many of the leading elected officials in the city and the state are Black and hail from Brooklyn.“The public advocate is from Brooklyn, the state attorney general is from Brooklyn, the incoming mayor is from Brooklyn and the possible first Black speaker of the House is from Brooklyn,” Ms. Todd-Medina added, “so I think that speaks for itself.” More

Some political activists had wondered whether the turmoil in Afghanistan would cause President Biden to back out of a planned trip to help Mr. Newsom retain his job.LOS ANGELES — Although he is mired in a political crisis about the withdrawal from Afghanistan, President Biden still plans to campaign for Gov. Gavin Newsom, who is facing a recall election in California, Mr. Biden’s press secretary said on Wednesday.The president had previously indicated he would try to help Mr. Newsom retain his job. But some political activists had wondered whether Mr. Biden would back out of the trip because of the turmoil in Afghanistan.Jen Psaki, the press secretary, said Mr. Biden still planned to go to California. “I don’t have a date for you at this point in time,” she said, “but that is still certainly his plan.”Mr. Newsom, the Democratic governor of the nation’s most populous state, is fending off an effort to remove him from office that began as a long shot initiated by Republicans dissatisfied with his policies on immigration and the death penalty. But as the coronavirus pandemic wore on and frustration built over prolonged restrictions, the recall gathered steam and, thanks in part to an extended deadline, enough signatures to trigger an election.Now Mr. Newsom and his allies are working to get the attention of the state’s enormous Democratic base, hoping to counteract enthusiasm for his ouster among Republicans.All of the state’s some 22 million registered voters were set to receive ballots by mail. On those ballots, they will be asked whether they think Mr. Newsom should be recalled, and if so by whom. The leading candidate to replace Mr. Newsom is Larry Elder, a conservative radio host from Los Angeles who some Democrats have described as an agent of a far-right power grab.Mr. Biden has already voiced support for Mr. Newsom. The president said on Twitter that the governor was “leading California through unprecedented crises — he’s a key partner in fighting the pandemic and helping build our economy back better.”Vice President Kamala Harris is set to return to the Bay Area this week to stump for the governor of her home state. Senator Elizabeth Warren, the prominent progressive from Massachusetts, has for weeks appeared in television ads warning that “Trump Republicans” are “coming to grab power in California.” More

The social network has contacted academics to create a group to advise it on thorny election-related decisions, said people with knowledge of the matter.Facebook has approached academics and policy experts about forming a commission to advise it on global election-related matters, said five people with knowledge of the discussions, a move that would allow the social network to shift some of its political decision-making to an advisory body.The proposed commission could decide on matters such as the viability of political ads and what to do about election-related misinformation, said the people, who spoke on the condition of anonymity because the discussions were confidential. Facebook is expected to announce the commission this fall in preparation for the 2022 midterm elections, they said, though the effort is preliminary and could still fall apart.Outsourcing election matters to a panel of experts could help Facebook sidestep criticism of bias by political groups, two of the people said. The company has been blasted in recent years by conservatives, who have accused Facebook of suppressing their voices, as well as by civil rights groups and Democrats for allowing political misinformation to fester and spread online. Mark Zuckerberg, Facebook’s chief executive, does not want to be seen as the sole decision maker on political content, two of the people said.Mark Zuckerberg, Facebook’s chief executive, testified remotely in April about social media’s role in extremism and misinformation. Via ReutersFacebook declined to comment.If an election commission is formed, it would emulate the step Facebook took in 2018 when it created what it calls the Oversight Board, a collection of journalism, legal and policy experts who adjudicate whether the company was correct to remove certain posts from its platforms. Facebook has pushed some content decisions to the Oversight Board for review, allowing it to show that it does not make determinations on its own.Facebook, which has positioned the Oversight Board as independent, appointed the people on the panel and pays them through a trust.The Oversight Board’s highest-profile decision was reviewing Facebook’s suspension of former President Donald J. Trump after the Jan. 6 storming of the U.S. Capitol. At the time, Facebook opted to ban Mr. Trump’s account indefinitely, a penalty that the Oversight Board later deemed “not appropriate” because the time frame was not based on any of the company’s rules. The board asked Facebook to try again.In June, Facebook responded by saying that it would bar Mr. Trump from the platform for at least two years. The Oversight Board has separately weighed in on more than a dozen other content cases that it calls “highly emblematic” of broader themes that Facebook grapples with regularly, including whether certain Covid-related posts should remain up on the network and hate speech issues in Myanmar.A spokesman for the Oversight Board declined to comment.Facebook has had a spotty track record on election-related issues, going back to Russian manipulation of the platform’s advertising and posts in the 2016 presidential election.Lawmakers and political ad buyers also criticized Facebook for changing the rules around political ads before the 2020 presidential election. Last year, the company said it would bar the purchase of new political ads the week before the election, then later decided to temporarily ban all U.S. political advertising after the polls closed on Election Day, causing an uproar among candidates and ad-buying firms.The company has struggled with how to handle lies and hate speech around elections. During his last year in office, Mr. Trump used Facebook to suggest he would use state violence against protesters in Minneapolis ahead of the 2020 election, while casting doubt on the electoral process as votes were tallied in November. Facebook initially said that what political leaders posted was newsworthy and should not be touched, before later reversing course.The social network has also faced difficulties in elections elsewhere, including the proliferation of targeted disinformation across its WhatsApp messaging service during the Brazilian presidential election in 2018. In 2019, Facebook removed hundreds of misleading pages and accounts associated with political parties in India ahead of the country’s national elections.Facebook has tried various methods to stem the criticisms. It established a political ads library to increase transparency around buyers of those promotions. It also has set up war rooms to monitor elections for disinformation to prevent interference.There are several elections in the coming year in countries such as Hungary, Germany, Brazil and the Philippines where Facebook’s actions will be closely scrutinized. Voter fraud misinformation has already begun spreading ahead of German elections in September. In the Philippines, Facebook has removed networks of fake accounts that support President Rodrigo Duterte, who used the social network to gain power in 2016.“There is already this perception that Facebook, an American social media company, is going in and tilting elections of other countries through its platform,” said Nathaniel Persily, a law professor at Stanford University. “Whatever decisions Facebook makes have global implications.”Internal conversations around an election commission date back to at least a few months ago, said three people with knowledge of the matter. An election commission would differ from the Oversight Board in one key way, the people said. While the Oversight Board waits for Facebook to remove a post or an account and then reviews that action, the election commission would proactively provide guidance without the company having made an earlier call, they said.Tatenda Musapatike, who previously worked on elections at Facebook and now runs a nonprofit voter registration organization, said that many have lost faith in the company’s abilities to work with political campaigns. But the election commission proposal was “a good step,” she said, because “they’re doing something and they’re not saying we alone can handle it.” More

The request was part of a far-reaching set of documents the select committee sought from seven federal agencies, which suggested the inquiry was focusing on the former president’s role.WASHINGTON — The select committee scrutinizing the Jan. 6 Capitol riot demanded detailed records on Wednesday about Donald J. Trump’s every movement and meeting on the day of the assault, in a series of requests to federal agencies that suggested it was focusing on any ties the former president may have had to the attack’s planning or execution.The committee’s demands, sent to the National Archives and Records Administration and six other agencies, show that as they ramp up their inquiry, investigators are looking closely at efforts by the former president to overturn the results of the 2020 election and any connections he or his administration had to the rioters.They are also looking into the potential involvement of at least one top aide to a Republican member of Congress who helped publicize the “Stop the Steal” rallies, which drew Mr. Trump’s supporters to Washington on Jan. 6 to protest the election outcome.The panel sought communications among top Trump administration officials about attempts to place politically loyal personnel in senior positions as Mr. Trump sought to invalidate President Biden’s victory in the run-up to the attack. Investigators are also focused on the planning, organization and funding of pro-Trump rallies on Jan. 5 and Jan. 6 and other attempts to stop or slow the process of Mr. Trump handing over the presidency to Mr. Biden.“Our Constitution provides for a peaceful transfer of power, and this investigation seeks to evaluate threats to that process, identify lessons learned and recommend laws, policies, procedures, rules or regulations necessary to protect our Republic in the future,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, wrote in the letters.The committee asked the National Archives, which keeps presidential records, for material it has about any plans hatched from within the White House or other federal agencies to derail the Electoral College vote count by Congress. The process was halted for hours on Jan. 6 as a mob of rioters breached the Capitol, hunting for lawmakers and Vice President Mike Pence and brutalizing police officers in the name of Mr. Trump.From the Defense Department and the Justice Department, the committee asked for records of discussions about potentially invoking the Insurrection Act, which some feared Mr. Trump might use to deploy the military to cling to power; communications between government entities during the Capitol violence; and exchanges between the Justice Department and Mr. Trump’s campaign legal team about challenges to the election’s outcome.The committee called on the Department of Homeland Security and the F.B.I. to furnish records of intelligence gathered before the assault; documents about the Secret Service’s protection of Mr. Pence and his family as the mob threatened him; and records tracking the spread and source of online disinformation about the election.The panel also sought information from the Interior Department about permitting for the rallies that preceded the mob violence and communications with the U.S. Park Police as the attack escalated. And it requested information from the National Counterterrorism Center about briefing materials prepared for senior officials before Jan. 6.The letters kicked off what is expected to be a flurry of records demands the committee plans to issue this week.Mr. Thompson told reporters that the committee planned to ask social media and telecommunications companies to preserve records of potentially “several hundred people,” including several unidentified members of Congress, as it scrutinizes those who worked to inflame the mob and were in communication with groups seeking to overturn the election.“We’ll look at everything that will give us information on what happened on Jan. 6,” Mr. Thompson said on Capitol Hill this week. “We have quite an exhaustive list of people.”The expansion of the select committee’s investigation came after a hearing in July in which four police officers told in excruciating detail of the brutal violence, racism and hostility they suffered as a throng of angry rioters beat, crushed and shocked them on Jan. 6.After that hearing, Representative Liz Cheney of Wyoming, one of two Republicans on the panel, pledged to move quickly to uncover any potential ties between the rioters and the Trump administration and campaign.Lawmakers must learn “what happened every minute of that day in the White House: every phone call, every conversation, every meeting leading up to, during and after the attack,” Ms. Cheney said then.Among the documents sought on Wednesday were “all calendars, schedules and movement logs regarding meetings or events attended by President Trump, including the identity of any individuals in attendance, whether virtual or in-person, on Jan. 6, 2021.”The committee asked for any documents and communications between the White House and some of Mr. Trump’s allies most involved in trying to undermine the election, including Stephen K. Bannon, his former chief strategist; Michael T. Flynn, his former national security adviser; Rudolph W. Giuliani, who served as his lawyer; and his longtime associate Roger J. Stone Jr.The committee is also seeking White House communications with Mike Lindell, the MyPillow chief executive and confidant of Mr. Trump, and the lawyer Sidney Powell, both of whom pushed lies and conspiracy theories about widespread election fraud. And it demanded records of communications between the White House and Ali Alexander, who publicized the “Stop the Steal” rallies, as well as Tom Van Flein, the chief of staff to Representative Paul Gosar, the Arizona Republican who helped promote them and tried to invalidate electoral votes for Mr. Biden on Jan. 6.It also asked for records on extremist groups and militias that were present at the Capitol that day, including QAnon, the Proud Boys, Stop the Steal, the Oath Keepers and the Three Percenters.The requests indicated the committee planned to investigate Mr. Trump’s pressure campaign on state officials to overturn the results of the election. Among the information sought were records from Republican state officials including Gov. Doug Ducey of Arizona, Gov. Brian Kemp of Georgia and Brad Raffensperger, the Georgia secretary of state.A records demand is often the first step a congressional committee takes before issuing subpoenas to obtain documents.The investigative push came as Michael A. Bolton, the Capitol Police inspector general, is continuing his own internal investigation into security failures on Jan. 6.In his latest report, a summary of which was obtained by The New York Times, Mr. Bolton faulted the agency’s communications during the attack, when officers say their urgent pleas for help went unanswered.The report, based on interviews with 36 Capitol Police officers, criticized what the inspector general called “departmentwide command and control deficiencies related to information sharing, chain of command directions, communication, preparedness, training, leadership development, emergency response procedures and law enforcement coordination.”In response, the Capitol Police said in a statement that the agency had “acknowledged there were communication gaps on Jan. 6.”“Given the events of Jan. 6, the enormous amount of radio traffic that day was not surprising,” the statement said. “Additionally, the size and magnitude of Jan. 6 made it difficult to respond to each officer’s emergency radio broadcast in real time.”The department said it had enlisted a retired Secret Service agent to help oversee a new operational planning process. 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