Elections

#masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesKey TakeawaysReporter AnalysisWhere Senators StandHouse ManagersTrump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyDenying Incitement, Trump Impeachment Team Says He Cannot Be TriedThe lengthy legal brief provided the first extended defense of former President Donald J. Trump’s conduct since the Jan. 6 assault on the Capitol. It arrived as senators locked in rules for an exceedingly fast trial.“This impeachment proceeding was never about seeking justice,” wrote Bruce L. Castor Jr., a lawyer for former President Donald J. Trump, along with the rest of his defense team.Credit…Anna Moneymaker for The New York TimesPublished More

#masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storyThe DailySubscribe:Apple PodcastsGoogle PodcastsA Guide to the (Latest) Impeachment TrialAs the Senate prepares to hear the case against Donald Trump, here’s what to expect from the prosecution and the defense.Hosted by Michael Barbaro; produced by Robert Jimison, Asthaa Chaturvedi, Luke Vander Ploeg, Alexandra Leigh Young and Sydney Harper; edited by Paige Cowett and Lisa Tobin; and engineered by Chris Wood.More episodes ofThe DailyFebruary 9, 2021  •  More

AdvertisementContinue reading the main storySupported byContinue reading the main storyHow Biden United a Fractious Party Under One TentPresident Biden and progressive Democrats are united by a moment of national crisis and the lingering influence of his predecessor. But the moment of harmony may be fragile.Members of President Biden’s administration have sent careful signs that they are listening to liberal Democrats.Credit…Doug Mills/The New York TimesLisa Lerer and Feb. 9, 2021, 5:00 a.m. ETFor years, Bernie Sanders and Joseph R. Biden Jr. wrestled over the Democratic Party’s future in a public tug of war that spanned three elections, two administrations and one primary contest.But when Mr. Sanders walked into his first Oval Office meeting with the new president last week and saw the large portrait of Franklin D. Roosevelt opposite the Resolute Desk, the liberal luminary felt as if he were no longer battling Mr. Biden for the soul of the party.“President Biden understands that, like Roosevelt, he has entered office at a time of extraordinary crises and that he is prepared to think big and not small in order to address the many, many problems facing working families,” Mr. Sanders said in an interview. “There is an understanding that if we’re going to address the crises facing this country, we’re all in it together.”After a 15-month primary contest that highlighted deep divides within the party, Mr. Biden and his fractious Democratic coalition are largely holding together. United by a moment of national crisis and the lingering influence of his predecessor, the new president is enjoying an early honeymoon from the political vise of a progressive wing that spent months preparing to squeeze the new administration.Democrats have remained resolute about pushing through Mr. Biden’s $1.9 trillion coronavirus rescue plan over near-unanimous dissent from Republicans, and they are determined to hold former President Donald J. Trump accountable for his role in the Jan. 6 Capitol violence in the impeachment trial that starts Tuesday.Liberal standard-bearers like Mr. Sanders and Senator Elizabeth Warren of Massachusetts are holding their fire. The progressive “Squad” in the House — Representative Alexandria Ocasio-Cortez of New York and her allies — have focused their rage on the Republicans who inspired the siege of the Capitol.And activists who have built careers out of orchestrating public pressure campaigns have been disarmed by the open line to the White House they enjoy, and by the encouragement they receive from its highest levels — a signal that the administration is tending to the Democratic base in a way that wasn’t done during the Obama or Clinton years.The moment of unity could be fragile: Sharp differences remain between Mr. Biden and his left flank over issues like health care, college costs, expanding the Supreme Court and tackling income equality. A battle looms over whether to prioritize a $15 per hour minimum wage in the administration’s first piece of legislation; the debate flared anew on Monday when a report from the Congressional Budget Office said the $15 level would significantly reduce poverty but cost hundreds of thousands of jobs.Yet in the embryonic stage of the Biden administration, Democrats appear to be largely coexisting under their big tent.Even Mr. Biden’s decision to hold his first high-profile White House meeting with Republican senators, and not Democrats, didn’t faze progressives who urged him to stand firm in the face of efforts to whittle down his $1.9 trillion stimulus package.“Biden said he would reach out to Republicans,” Senator Jeff Merkley of Oregon, one of the chamber’s most progressive members, said in an interview. “He had to give it a shot.”The harmony reflects how far Mr. Biden and his party shifted to the left during the Trump administration. During the campaign, Republicans accused Mr. Biden of being a “Trojan horse” for liberal interests. But the administration hasn’t tried to smuggle in progressive proposals; it has simply rebranded them as its own.Elements of the Green New Deal, economic proposals and initiatives on racial equity and immigration are appearing in the executive orders and legislative plans the administration has issued.Even party moderates like Senator Joe Manchin III of West Virginia now believe that Democrats must adopt a more aggressive approach to passing their agenda than they used a dozen years ago, when they last held full control of the federal government and spent months negotiating with Republicans. Senator Bernie Sanders of Vermont, second from left, Mr. Biden’s liberal opponent in the Democratic primary last year, has become an influential inside player in government.Credit…Stefani Reynolds for The New York TimesLast week, by contrast, Democrats moved toward passing their expansive coronavirus relief package through reconciliation, a fast-track budgetary process that allows the party to muscle through parts of its agenda with a simple majority vote.Within the Democratic caucus, Mr. Biden’s team has avoided other pitfalls he witnessed during the Obama administration, when White House spokesmen dismissed activists as “the professional left” and banished intraparty critics from the administration’s circles of influence. Instead, Mr. Biden’s White House has welcomed many such critics to virtual meetings, and the chief of staff, Ron Klain, has encouraged progressive criticism on his Twitter feed.The New WashingtonLive UpdatesUpdated Feb. 9, 2021, 9:53 a.m. ETBiden will spend the day focused on the stimulus package and his push to increase the minimum wage to $15.Conservative media, the apparatus that fed Trump’s power, is facing a test, too.Trump’s trial is expected to be brief but may have lasting political repercussions.Melissa Byrne, a progressive activist, discovered as much when she wanted to prod Mr. Biden to focus on forgiving student loan debt. To complement her steady stream of tweets, Ms. Byrne bought full-page ads in The News Journal, a newspaper that was delivered to Mr. Biden’s Delaware house daily during the presidential transition.Ms. Byrne expected some bristling from Mr. Biden’s team over her public protests. Instead, her efforts were encouraged. Mr. Klain told her to keep up the pressure, inviting her to more Zoom meetings with the transition team.“We just kept being able to have people at the table,” she said. “That showed me that we could do cool things like sit-ins and banner drops, but we could also be warm and fuzzy.”The singular focus on the pandemic has enabled Mr. Biden to align the central promise of his campaign — a more effective government response — with the priorities of party officials in battleground states, who say that voters expect Mr. Biden to deliver a competent vaccine distribution along with direct economic relief. Already, there is widespread agreement within the party that Democrats will be judged in the 2022 midterms and the 2024 presidential contest by their handling of the twin crises.“Needles and checks — that’s got to be the focus,” said Thomas Nelson, the executive of Wisconsin’s Outagamie County. Mr. Nelson was a Sanders delegate in 2020 and is running in the 2022 election for the seat held by Senator Ron Johnson, a Republican. “People in my county, we need those checks.”Mr. Biden has also paid attention to other policy matters. He has signed about 45 executive orders, memorandums or proclamations enacting or at least initiating major shifts on issues including racial justice, immigration, climate change and transgender rights.While his inner circle is largely composed of long-serving aides, he has placed progressives in influential administrative posts. He has also avoided selecting figures reviled by the left, like former Mayor Rahm Emanuel of Chicago — who was Mr. Obama’s chief of staff in 2009 — for high-profile positions.“None of the people we were afraid of got into this cabinet,” said Larry Cohen, the chairman of Our Revolution, the political group that formed out of the 2016 Sanders campaign. “It’s fine and well for Rahm Emanuel to be an ambassador someplace.”Mr. Biden has signed about 45 executive orders, memorandums or proclamations enacting or at least initiating major policy shifts on a wide array of issues.Credit…Doug Mills/The New York TimesFor the first time in his decades in Washington, Mr. Sanders is an influential inside player in governance. He is chairman of the Senate Budget Committee and speaks frequently with administration officials including Mr. Klain. He has had a number of conversations with Mr. Biden, whom he considers a friend, and said his calls to the White House were returned “very shortly.”“He sees the progressive movement as a strong part of his coalition,” Mr. Sanders said of Mr. Biden. “He is reaching out to us and is adopting some of the ideas that we have put forth that make sense in terms of today’s crises.”There’s plenty of overlap between Mr. Biden’s agenda and his left flank and some of the praise stems from the new president’s taking steps he had already promised during his campaign, including rejoining the Paris climate accord.Republicans have complained that Mr. Biden is a moderate being led astray by liberals in Congress and the White House. But as Democratic ideology shifted during his decades in Washington, Mr. Biden always recalibrated his positions to remain at the middle of his party. After four years of the Trump administration, that center has shifted decidedly to the left.While Mr. Biden took pains to separate himself from the progressive left during the campaign — “I beat the socialist,” Mr. Biden was fond of saying after he bested Mr. Sanders — he forged a rapprochement last summer when his campaign agreed to policy task forces with members appointed by Mr. Sanders. For his part, Mr. Biden has reinterpreted his campaign promise to bring the country together into the loosest definition of the term. His aides have begun portraying it as finding broad support for their plans among voters — regardless of whether they garner the votes of any congressional Republicans.“If you pass a piece of legislation that breaks down on party lines, but it gets passed, it doesn’t mean there wasn’t unity,” Mr. Biden said recently. “It just means it wasn’t bipartisan.”Still, reconciliation is subject to strict limits, so fights over what policies should be pursued and how to overcome Republican opposition are likely to be unavoidable.Senators Elizabeth Warren and Chuck Schumer held a news conference at the Capitol last week calling for student loan forgiveness.Credit…Anna Moneymaker for The New York TimesBattle lines are already being drawn over whether to eliminate the filibuster, which would allow the party to pass measures with a simple majority. Mr. Biden and moderate Democrats remain committed to keeping the tactic, a decision liberals say could block a robust policy portfolio.“Everyone is trying to make the argument that their priority can move through reconciliation,” said Adam Jentleson, a former Senate aide who recently founded a new organization to help progressive groups push their agenda in Washington. “As people start to see that their thing is not going to get done that way, there will be more pressure.”Mr. Biden’s honeymoon may be short on other issues as well. Advocates working near the Mexican border would like to see Mr. Biden flex his executive power to stop all deportations, going further than his promised 100-day moratorium, which was blocked in court.“The feeling is really, ‘Why did we come up with all this work to come up with this plan only for you to come up with an executive order to say you’re still reviewing it?’” said Erika Pinheiro, the policy and litigation director at Al Otro Lado, a legal aid service for migrants and deportees.Not everyone is quite as impatient. Ms. Byrne, the activist, said Mr. Biden’s executive order extending a pause on federal student loan payments until September served as a sufficient first step.“As long as they keep doing good stuff, we will be happy,” Ms. Byrne said. “You give them a moment to operate in good faith, and you keep the cycle going.”AdvertisementContinue reading the main story More

AdvertisementContinue reading the main storySupported byContinue reading the main storyFox Files Motion to Dismiss Smartmatic’s $2.7 Billion Defamation SuitIn a court filing, Rupert Murdoch’s media company says it had the right to broadcast the debunked claims of election fraud promoted by President Donald Trump’s legal team on Fox News and Fox Business.The Manhattan headquarters for Rupert Murdoch’s American media companies Fox Corporation, home of Fox News and Fox Business, and News Corp.Credit…Drew Angerer/Getty ImagesMichael M. Grynbaum and Feb. 8, 2021Rupert Murdoch’s Fox Corporation on Monday filed a motion to dismiss the $2.7 billion defamation lawsuit brought against it last week by the election technology company Smartmatic, which has accused Mr. Murdoch’s cable networks and three Fox anchors of spreading falsehoods that the company tried to rig the presidential race against Donald J. Trump.The lawsuit has roiled right-wing news media outlets whose star personalities repeatedly cast doubt on Joseph R. Biden Jr.’s victory in the wake of the election and raised the specter of a significant financial penalty for Fox. On Friday, the day after the lawsuit was filed, Fox canceled the nightly Fox Business program hosted by Lou Dobbs, who is named in the suit along with the Fox anchors Maria Bartiromo and Jeanine Pirro.In its 44-page response filed in New York State Supreme Court, Fox argues that the claims of electoral fraud made on its channels by Mr. Trump’s lawyers — including Rudolph W. Giuliani and Sidney Powell, who are also named in the defamation suit — were matters of significant interest to viewers and handled fairly.“This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern,” Fox says in the motion, adding, “An attempt by a sitting president to challenge the result of an election is objectively newsworthy.”Paul D. Clement, a partner in the Washington office of the law firm Kirkland & Ellis who served as solicitor general under President George W. Bush, is leading Fox’s defense. “Smartmatic’s theory is fundamentally incompatible with the reality of the modern news network and deeply rooted principles of free speech law,” Mr. Clement said in a statement.A spokesman for Smartmatic did not immediately reply to a request for comment.“It’s a strong move on their part to try to come out and dismiss the claim,” said Timothy Zick, a professor at William & Mary Law School who specializes in First Amendment law.Mr. Zick said that Fox was making use of the concept of “neutral reportage,” arguing that it could not be sued for defamation while covering the news. “They’re arguing that shields Fox News as an organization for simply reporting on the controversy, which is a matter of public interest,” he said.A key to Fox’s defense is the argument that it cannot be held responsible for statements made on its programs by Mr. Giuliani and Ms. Powell, given their roles as Mr. Trump’s legal representatives.“The public had a right to know, and Fox had a right to cover, that the president and his allies were accusing Smartmatic (and others) of manipulating the election results, regardless of the ultimate truth or accuracy of those allegations,” the motion reads. It also asserts that Smartmatic’s suit does not identify defamatory statements by television hosts employed by Mr. Murdoch’s company.Fox also argues that Smartmatic should be considered a public figure. That argument, which is likely to be contested by the tech company, means that Smartmatic must meet a high bar to prove that it was defamed: demonstrating that the defendants knew their statements were false, or at least had serious doubts about them.Smartmatic’s 276-page lawsuit alleges that Mr. Trump’s lawyers used Fox’s platform, and its sympathetic anchors, to spin conspiracies about the company that damaged its reputation and commercial prospects. The suit has been applauded by those seeking to curb the flow of disinformation from right-wing news outlets, but it has also raised questions about the limits of speech in a changing media landscape.Fox’s argument in its motion — that it provided a forum for newsworthy interviews — may cut into the conceptual heart of Smartmatic’s case, which groups Fox, its hosts and their guests as defendants who collaborated to spread falsehoods.The defamation lawsuit cites exchanges on Fox programs that, Smartmatic said, helped spread the false claim that it was the owner of a rival election tech company, Dominion Voting System, and that it provided its services to districts in multiple contested states. In fact, Smartmatic was used in the 2020 election only by Los Angeles County.And Smartmatic offers vivid examples of Fox programming that spread bizarre falsehoods, like a claim by Ms. Powell made on Mr. Dobbs’s show that the former president of Venezuela, Hugo Chávez, had assisted the company in creating software that could covertly alter votes. (Mr. Chávez died in 2013 and had nothing to do with Smartmatic.)In other exchanges cited by Smartmatic, Fox anchors alternately expressed support and astonishment as Mr. Giuliani and Ms. Powell spun out their claims. In one case, a phrase used by Ms. Powell — “cyber Pearl Harbor” — was later invoked by Mr. Dobbs on his show and on social media.Fox’s response on Monday included a 14-page appendix under the title “Fox’s Evenhanded Coverage of Smartmatic,” documenting instances from Fox News and Fox Business that the company believes showed skepticism toward the Trump team’s claims.Among the examples are three identical, pretaped fact-checking segments that ran in mid-December on programs hosted by Ms. Bartiromo, Mr. Dobbs and Ms. Pirro and that featured Eddie Perez, an election expert who debunked a number of false claims about Smartmatic.The segments were broadcast after Smartmatic sent a letter to Fox demanding retractions and threatening legal action.AdvertisementContinue reading the main story More

#masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyOn PoliticsTrump Isn’t the Only One on Trial. The Conservative Media Is, Too.The former president’s second impeachment trial begins oral arguments on Tuesday. But conservative media organizations face an even more consequential test in the weeks and months ahead.Outside the Fox News headquarters in New York on the day of President Biden’s inauguration. The network and other conservative outlets have faced lawsuits over false claims about the election.Credit…Carlo Allegri/ReutersFeb. 8, 2021Updated 9:47 p.m. ETWith the Senate’s impeachment trial starting oral arguments on Tuesday, Donald Trump now faces the possibility of real consequences for his role in inciting the Capitol siege of Jan. 6.But the apparatus that fed him much of his power — the conservative news media — is facing a test of its own. This might ultimately have a much bigger impact on the future of American politics than anything that happens to Mr. Trump as an individual.In recent weeks, two voting-technology companies have each filed 10-figure lawsuits against Mr. Trump’s lawyers and his allies in the media, claiming they spread falsehoods that did tangible harm. This comes amid an already-raging debate over whether to reform Section 230 of the Communications Decency Act, which prevents online companies from being held liable for the views expressed on their platforms.“The greatest consequence of the Trump presidency has been the weaponizing of disinformation and parallel dismantling of trust in the media,” Mark McKinnon, a longtime political strategist and co-host of the Showtime political series “The Circus,” told me in an email.“Unfortunately, it took the perpetration of the big lie that the election was a fraud, an insurrection at the Capitol, and almost destroying our democracy for someone to finally take action. But it appears to be working,” Mr. McKinnon said. “Nothing like threatening the bottom line to get the desired attention.”On Thursday, the voting-machine company Smartmatic filed a $2.7 billion lawsuit against Fox News, some of its prominent hosts and two lawyers who represented Mr. Trump, Sidney Powell and Rudy Giuliani. The suit accuses them of mounting a campaign of defamation by claiming that Smartmatic had been involved in an effort to throw the election to Joe Biden. Fox News said in a statement that it was “committed to providing the full context of every story with in-depth reporting and clear opinion,” adding that “we are proud of our 2020 election coverage and will vigorously defend against this meritless lawsuit in court.”The Fox suit came on the heels of a similar $1.3 billion suit that Dominion Voting Systems brought against Mr. Giuliani the week before.The impact of both lawsuits was immediate. Newsmax, an ultraconservative TV station that has expanded its popularity by lining up to the right of Fox News, cut off an interview with the MyPillow founder Mike Lindell last week as he attacked Dominion — something that commentators had done on the station many times before. Then, over the weekend, Fox Business sidelined Lou Dobbs, one of Mr. Trump’s fiercest TV news defenders and a defendant named in the Smartmatic lawsuit.Jonathan Peters, a media law professor at the University of Georgia, said that unlike many libel lawsuits, the Dominion and Smartmatic cases do not appear to be publicity stunts; they have a firm legal basis.“In recent years it has been a boom time for nuisance claims against media organizations,” Dr. Peters said, citing lawsuits brought against traditional news media by Trump allies like Representative Devin Nunes and Joe Arpaio. “The language at issue in the Dominion and Smartmatic litigation has involved statements of fact that would be provably false,” he added. “The language at issue is not necessarily opinion, hyperbole or some other form of invective.”Because the suits seem to be serious, Dr. Peters said, “this is a corrective for companies and individuals being sued — and for those not being sued it is a shot across the bow.”But in a media landscape permanently altered by polarization, and by Mr. Trump’s indifference to facts, Fox News and other conservative broadcasters face significant competition from popular YouTubers and Twitter users, who have much more leeway to express potentially harmful views.Angelo Carusone, the president of Media Matters, a left-leaning group, said this leaves Fox News fighting a two-front war.“They’re getting attacked by their own people,” he said. “If you’re a conservative channel or host, you need to pick away at Fox News.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{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;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{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-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Mr. Carusone pinpoints spring 2017 as a moment of symbolic transition. That’s when the Fox News host Sean Hannity began embracing a series of baseless claims tying Hillary Clinton to the death of a Democratic aide, claims that Mr. Trump had co-signed. “In August of 2016, Sean Hannity was chastising conservative media figures for promoting the Seth Rich conspiracy theories,” Mr. Carusone said. “And yet in May of 2017, Hannity is launching his own investigation into who in Hillary Clinton’s campaign murdered Seth Rich. There is no clearer moment of when they shifted their posture.”Mr. Carusone said that Mr. Hannity’s evolution was goaded by Mr. Trump’s ability to use social media to promote unproven, reckless arguments — and by social media companies’ ability to give him a platform without themselves facing repercussions for his speech, thanks to Section 230. “Trump increasingly was able to leapfrog Fox News, in terms of building a relationship to Fox News’s own audience,” he said. “So Fox News lost the keys to the gate.”But in the past month, Mr. Trump has lost his set of keys, too. He was kicked off Twitter and Facebook after the Capitol riot, and since leaving the White House he has been as quiet as a church mouse. In his absence, Fox News has begun to focus more on attacking Mr. Biden and other Democrats on the news of the day than on importing conspiracy theories from online.Going forward, Mr. Carusone said, “I think they’ll try to soften some of the content on the edges, and to lean heavier into the partisan attacks and less on the right-wing fever swamp fantasies and narratives.”Proponents of media reform say that this moment presents a once-in-a-generation opportunity to rethink government policy related to online speech in particular. Ellen Goodman, a Rutgers Law School professor who focuses on information policy, said that maintaining a healthy marketplace of ideas was crucial to democracy.“If this is a moment of radical, ‘Build Back Better’ adjustments, and a revival of the middle class, what would the democracy-building part of that look like?” she said. She proposed instituting taxes or regulations that would “make the surveillance-capitalism model less attractive,” preventing social media companies from microtargeting audiences in the interest of selling them products.Jonathan Zittrain, a Harvard Law School professor who studies digital media, sees a sea change coming. In the early decades of the internet, he said, most legal discussions were guided by a question of “rights,” particularly the right to free speech under the First Amendment. But in recent years, a new interest in what he called “the public health framework” has taken hold.“Misinformation and extremism — particularly extremism that’s tied to violence — can result in harm,” Mr. Zittrain said. “Given that there are compelling things in both the rights framework and the health framework, there’s going to be a balance struck.”On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.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] reading the main story More

On the eve of Donald Trump’s impeachment trial on a charge of inciting the deadly US Capitol attack, Chuck Schumer and Mitch McConnell, the Senate majority and minority leaders, have laid out the framework for the trial. ’All parties have agreed to a structure that will ensure a fair and honest Senate impeachment trial of the former president,’ Schumer said. Each side will have 16 hours to present their arguments and the trial will break on Friday afternoon and resume on Sunday afternoon
Trump impeachment: Schumer says agreement reached on rules for trial – live More

#masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentLatest UpdatesWhere Each Senator StandsTimelineHow the House VotedHow the Trial Will UnfoldAdvertisementContinue reading the main storySupported byContinue reading the main storyUsing Connections to Trump, Dershowitz Became Force in Clemency GrantsThe lawyer Alan M. Dershowitz, who represented the former president in his first impeachment trial, used his access for a wide array of clients as they sought pardons or commutations.Alan M. Dershowitz had substantial influence with the White House as President Donald J. Trump decided who should benefit from his pardon powers.Credit…Erin Schaff/The New York TimesKenneth P. Vogel and Feb. 8, 2021Updated 7:30 p.m. ETWASHINGTON — By the time George Nader pleaded guilty last year to possessing child pornography and sex trafficking a minor, his once strong alliances in President Donald J. Trump’s inner circle had been eroded by his cooperation with the special counsel’s investigation into Mr. Trump’s team and its connections to Russia.So as Mr. Nader sought to fight the charges and reduce his potential prison time, he turned to a lawyer with a deep reservoir of good will with the president and a penchant for taking unpopular, headline-grabbing cases: Alan M. Dershowitz.Mr. Dershowitz told Mr. Nader’s allies that he had reached out to an official in the Trump administration and one in the Israeli government to try to assess whether they would support a plan for Mr. Nader to be freed from United States custody in order to resume a behind-the-scenes role in Middle East peace talks, and whether Mr. Trump might consider commuting his 10-year sentence.Mr. Dershowitz helped craft a proposal — which Mr. Nader’s allies believed he was floating at the White House in the final days of the Trump presidency — for Mr. Nader to immediately “self-deport” after his release from a Virginia jail. Under the plan, Mr. Nader would board a private plane provided by the United Arab Emirates to return to the Gulf state, where he holds citizenship and has served as a close adviser to the powerful crown prince.Given the nature of Mr. Nader’s crimes and his cooperation with the Russia investigation, his bid for clemency was a long shot that did not work out. But Mr. Dershowitz’s willingness to pull a range of levers to try to free him shows why he emerged as a highly sought-after and often influential intermediary as Mr. Trump decided who would benefit from his pardon powers.Many of Mr. Dershowitz’s clients got what they wanted before Mr. Trump left office, an examination by The New York Times found. The lawyer played a role in at least 12 clemency grants, including two pardons, which wipe out convictions, and 10 commutations, which reduce prison sentences, while also helping to win a temporary reprieve from sanctions for an Israeli mining billionaire.His role highlighted how Mr. Trump’s transactional approach to governing created opportunities for allies like Mr. Dershowitz — an 82-year-old self-described “liberal Democrat” who defended the president on television and in his first impeachment trial — to use the perception that they were gatekeepers to cash in, raise their profiles, help their clients or pursue their own agendas.Mr. Dershowitz received dozens of phone calls from people seeking to enlist him in clemency efforts. The cases in which he did assist came through family members of convicts, defense lawyers enlisting him because they thought he could help their court cases as well as their clemency pushes and Orthodox Jewish prisoners’ groups with which he has long worked.In a series of interviews, Mr. Dershowitz — who in a career spanning more than half a century has represented a roster of tabloid-magnet clients accused of heinous acts, including O.J. Simpson and Jeffrey Epstein — cast his defense of Mr. Trump and his clemency efforts as a natural extension of his work defending individual rights against a justice system that could be harsh and unfair. “I’m just not a fixer or an influence peddler,” he said.Mr. Dershowitz said his efforts on behalf of Mr. Nader reflected “a multifaceted approach to these problems. So I don’t separate out diplomacy, legality, courts, executive, Justice Department — they’re all part of what I do.”He said that “the idea that I would ever, ever ingratiate myself to a president in order to be able to advertise myself as a person that could get commutations is just totally false and defamatory.”Among those Mr. Dershowitz sought to help was George Nader, a figure in the special counsel’s Russia investigation who pleaded guilty to possessing child pornography and sex trafficking a minor.Credit…C-SPAN, via Associated PressHe acknowledged, though, that his relationship with Mr. Trump increased interest in his services, and potentially his effectiveness.“Of course I’m not surprised that people would call me because they thought that the president thought well of me,” Mr. Dershowitz said. “If somebody is seeking a pardon from Clinton, you’re not going to go to somebody who is a friend of Jerry Falwell. You’re going to go to somebody who is a Democrat. That’s the way the system works.”He said he had agonized over cases in which he had failed to persuade Mr. Trump, including that of a federal death row inmate he had represented who was executed in December.Still, Mr. Dershowitz had an outsize influence over how Mr. Trump deployed one of the most profound unilateral powers of the presidency, including:Commutations to three people on whose behalf he personally lobbied Mr. Trump after working on their cases with Jewish prisoners’ rights groups. They included two New York real estate investors who had been convicted of defrauding more than 250 investors out of $23 million and a former executive at a kosher meatpacking plant who was convicted in 2009 of bank fraud.Commutations to several people who received long sentences at trial after turning down shorter sentences in plea deals offered by prosecutors, an outcome known as the trial penalty, against which Mr. Dershowitz has long crusaded. A commutation for a New Jersey man who was sentenced in 2013 to 24 years in prison for charges related to a Ponzi-style real estate scheme that caused $200 million in losses. Pardons to two conservative political figures, the author Dinesh D’Souza and the former vice-presidential aide I. Lewis Libby Jr., and a commutation to the former Illinois governor Rod R. Blagojevich. Mr. Dershowitz did not work on their cases, but he recommended clemency grants when Mr. Trump asked his opinion.It is difficult to determine how much money the work brought Mr. Dershowitz.Mr. Dershowitz, an emeritus professor at Harvard Law School who described himself as semiretired, said more than half of his clemency work was pro bono, and most of it was done on behalf of pre-existing clients. When he was paid, it was at an hourly rate in line with the fees charged by senior partners at law firms, Mr. Dershowitz said.In one case, he was paid by the family of Jonathan Braun, whose 10-year sentence for drug smuggling was commuted by Mr. Trump in his final hours in office. But after The Times reported that Mr. Braun had a history of violence and threatening people, Mr. Dershowitz said he donated the fees to charity.Mr. Dershowitz emerged as a favorite of Mr. Trump’s after he publicly criticized the Russia investigation.Credit…Pete Marovich for The New York TimesBut Mr. Dershowitz — who volunteered examples of Mr. Trump seeking his advice while in the next breath protesting that he was “not a Trump supporter” and had no more influence with Mr. Trump than with past presidents — obtained something that his defenders and detractors alike described as especially important to him: renewed political relevance and an increased reputation as a power player, particularly in the Jewish community.Mr. Dershowitz emerged as a favorite of Mr. Trump from his early days in office as a result of his criticism of the investigation being carried out by the special counsel, Robert S. Mueller III.Mr. Dershowitz, an ardent supporter of Israel, was invited to the White House in 2017 for two days of private talks about a Middle East peace plan being assembled by Mr. Trump, his son-in-law Jared Kushner and other officials.Mr. Dershowitz was invited back to the White House last year, when Mr. Trump unveiled the peace plan, and for a Hanukkah party in 2019 where Mr. Trump signed an executive order Mr. Dershowitz had helped draft targeting anti-Semitism on college campuses.The week after the Hanukkah party in 2019, Mr. Dershowitz attended a Christmas Eve dinner at the president’s Mar-a-Lago resort, where he said Mr. Trump lobbied him to join his impeachment legal defense team. Mr. Dershowitz said he decided to join as a matter of principle and noted that he had also consulted with President Bill Clinton’s legal team during his impeachment.Mr. Dershowitz acknowledged taking advantage of his access to push for clemency grants, starting with the invitation to the White House for talks about the Middle East peace plan. He used the opportunity to urge Mr. Trump to grant clemency to Sholom Rubashkin, the kosher meatpacking executive convicted in 2009.Sholom Rubashkin, a former kosher meatpacking executive, was convicted of bank fraud in 2009. Mr. Dershowitz pressed Mr. Trump to commute his 27-year prison sentence. Credit…Matthew Putney/The Waterloo Courier, via Associated PressMr. Rubashkin’s case had become a cause in Orthodox Jewish circles, and Mr. Dershowitz had worked on it on a pro bono basis. A few months after Mr. Dershowitz made the case to Mr. Trump in the White House, Mr. Rubashkin was free.That outcome emboldened a network of activists and groups supporting prisoners’ rights, social service and clemency, including some associated with Orthodox Jewish leaders.Mr. Dershowitz and a Jewish group with which he has worked closely, the Aleph Institute, were central players in the network. As word spread of their successes, they were inundated with requests from prisoners and their families, including many Orthodox Jews. Late last year, Mr. Trump called Mr. Dershowitz to ask about clemency grants he was advocating on a pro bono basis with the Aleph Institute for Mark A. Shapiro and Irving Stitsky, the New York real estate investors convicted in the $23 million fraud. Mr. Dershowitz cast the cases as emblematic of the trial penalty.Mr. Dershowitz had written op-eds in Newsweek and The Wall Street Journal denouncing the trial penalty and citing unnamed cases. One matched the details of Mr. Shapiro and Mr. Stitsky, who were each sentenced to 85 years in prison after they turned down plea agreements of less than 10 years. Mr. Dershowitz said one or both of the articles had circulated in the White House, and Mr. Trump had asked him about the trial penalty.“He was very interested” in the penalty, Mr. Dershowitz said, and also “the concept of the pardon power being more than just clemency, but being part of the system of checks and balances for excessive legislative or judicial actions.”Mr. Stitsky had no prior relationship with Mr. Trump. But last year, friends of Mr. Stitsky helped retain a Long Island law and lobbying firm, Gerstman Schwartz, that did. One of the firm’s partners had parlayed previous New York public relations work for Mr. Trump into a new Washington lobbying business after he became president.And Mr. Stitsky’s new lawyers also tapped into the pardon-seeking network by working with both Mr. Dershowitz and the Aleph Institute.Mr. Trump commuted the sentences of Mr. Shapiro and Mr. Stitsky.In another case championed by Mr. Dershowitz and the Aleph Institute, Mr. Trump commuted the 20-year sentence of Ronen Nahmani, an Israeli-born Florida man convicted in 2015 of selling synthetic marijuana. The appeal to the White House, which Mr. Dershowitz helped devise, included an assurance that Mr. Nahmani would leave the country and never return — a framework that Mr. Dershowitz said served as a model for Mr. Nader’s case.Mr. Dershowitz at the White House last year, before Prime Minister Benjamin Netanyahu of Israel visited Mr. Trump.Credit…Alyssa Schukar for The New York TimesMr. Dershowitz was enlisted to help Mr. Nader by Joey Allaham, a Syrian-born New York restaurateur and businessman, who paid Mr. Dershowitz to consult on Middle East issues, including working with Mr. Nader.After Mr. Nader was arrested in 2019, Mr. Allaham connected Mr. Dershowitz to Mr. Nader’s criminal defense lawyer, Jonathan S. Jeffress, who paid Mr. Dershowitz at an hourly rate.Mr. Nader’s team grew to include the lobbyist Robert Stryk, who filed a disclosure statement saying he was working to win a presidential commutation, and the lawyer Robin Rathmell, who filed a clemency petition at the Justice Department citing Mr. Nader’s help to the United States in Middle East relations. Mr. Nader’s allies had also used that argument in the early 1990s in an effort to win a reduced sentence when he pleaded guilty to a different child pornography charge.Mr. Dershowitz said he thought it would help Mr. Nader’s current case if the American, Israeli and Emirati governments would vouch for his assistance to the United States in the region, and if Mr. Nader would pledge to leave the country upon his release.Mr. Dershowitz told Mr. Nader’s allies that he made one call last year to a Trump administration official who handled Middle East policy and who was discouraging about the idea. He also called Ron Dermer, the Israeli ambassador to the United States, who was noncommittal. After that, Mr. Dershowitz said, he shifted his efforts on behalf of Mr. Nader to focus almost exclusively on his fight to reduce his sentence in the courts.“That was 99 percent of the effort,” Mr. Dershowitz said, “because the clemency effort directed at commutation was always so uphill considering the nature of the crime that it was never realistic.”Mr. Nader’s allies had a different impression of Mr. Dershowitz’s efforts.“We understood that Mr. Dershowitz was seeking clemency on behalf of Mr. Nader,” Mr. Jeffress said, “and that he was rejected for the sole reason that Mr. Nader had cooperated in the Mueller investigation.”Nicholas Confessore More

#masthead-section-label, #masthead-bar-one { display: none }N.Y.C. Mayoral RaceWho’s Running?11 Candidates’ N.Y.C. MomentsA Look at the Race5 Takeaways From the DebateAdvertisementContinue reading the main storySupported byContinue reading the main storyFirst Ad Blitz in N.Y.C. Mayor’s Race Has an Unlikely Star: ObamaShaun Donovan, a former White House budget director, is rolling out his TV ad campaign and hoping his background in Washington will help him emerge from a crowded pack of candidates.Shaun Donovan, center, with then-President Barack Obama in 2014. Mr. Donovan also worked for former Mayor Michael R. Bloomberg, running New York City’s housing department.Credit…Stephen Crowley/The New York TimesFeb. 8, 2021Updated 6:53 p.m. ETWith the pandemic transforming New York City’s mayoral race into a mostly virtual affair, the best way to connect directly with voters would seem to be through television ads. Yet so far, the airwaves have been silent.That will change on Tuesday, when Shaun Donovan, the former Obama and Bloomberg administration official, kicks off the first television ad campaign of any significance in the contest.By being first out of the gate, Mr. Donovan is trying to gain attention and seize a narrative advantage, an opportunity that will diminish over time as his better-funded rivals, with presumably bigger advertising budgets, join the television fray. Still, this is the race’s first television advertising purchase, according to AdImpact, an advertising analytics firm.As of Monday afternoon, the campaign had reserved $75,000 worth of cable advertising space for the week of Feb. 9, according to AdImpact. The ads will run on CNN, MSNBC and NY1.The airing of the first ad will cost six figures, according to the campaign, which hopes to spend more than $1 million on television advertising by the June 22 primary. The ad’s timing, more than four months before that primary, is not coincidental.“It doesn’t quite smack of desperation yet, but it’s clearly motivated by the fact that he’s in real danger of being marginalized as a second-tier candidate quickly,” said Neal Kwatra, a Democratic political consultant who is unaffiliated with any of the candidates. “And that matters a lot in a race that is so compressed and is such a sprint.”The race is certainly far different from the campaigns New York City is accustomed to. Meeting voters face-to-face is a risky endeavor; candidates now must jockey for attention in a seemingly endless series of livestreamed forums and fund-raisers. At least three of the race’s more than 30 candidates have already been sidelined by quarantine. One of those three candidates is recovering from the coronavirus.Still, for Mr. Donovan, being first out of the gate on television could carry some risk.By the January filing deadline, Mr. Donovan had yet to raise enough money to quality for the city’s generous matching funds system. Should he spend down his campaign funds too early, he risks running low on cash during the pivotal weeks before the primary, when New York voters will presumably pay the closest attention to the race.Nor is this tactic without historical precedent. Six months before the scheduled 2001 mayoral primary, Alan G. Hevesi, then the city comptroller, launched the race’s first television ads to try to gain early traction. The effort failed: Mr. Hevesi did not win enough votes to qualify for the Democratic runoff between Mark Green and Fernando Ferrer, which took place against the backdrop of the Sept. 11 terrorist attacks.Today, New York City also faces profound crises. Mr. Donovan, a Democrat who served in the Obama administration as budget director and housing secretary, has sought to focus voter attention on his experience in Washington and his ability to wrest meaningful aid from the Biden administration.His first ad campaign hits that theme, beginning with former President Barack Obama extolling Mr. Donovan’s virtues after he nominated him as the White House budget director in 2014.“Shaun’s just one of those people where he sees a problem, and he will work to solve it,” Mr. Obama said then.The 30-second ad then progresses through images of President Biden warmly embracing Mr. Donovan, and Mr. Donovan meeting with Dr. Anthony S. Fauci, the director of the National Institute of Allergy and Infectious Diseases.Throughout his campaign, Mr. Donovan has seemed to distance himself from former Mayor Michael R. Bloomberg, for whom he ran the city’s housing department. The commercial continues in the same vein, with Mr. Bloomberg making a blink-and-you’ll-miss-it cameo.Part of Mr. Bloomberg’s face can be seen in an image of Mr. Donovan on Marine One with Mr. Obama and Gov. Andrew M. Cuomo as they respond to the destruction wrought by Hurricane Sandy.Mr. Donovan’s ad, produced by the Win Company, will run on cable television in all five boroughs.Katie Hill, a spokeswoman for Mr. Obama, heaped praise on Mr. Donovan in a statement, even as she said the former president was unlikely to endorse in the mayoral race.“Secretary Donovan helped lead our country out of the 2008 housing crisis, and later, as the director of O.M.B., he steered top policy priorities like health care access, climate change, inequality and public health, including pandemic preparedness and response,” Ms. Hill said. “President Obama is always heartened when alumni of his administration answer the call to run for office, but he does not typically weigh in on primaries and believes that the voters of N.Y.C. should make this decision for themselves.”Mr. Donovan has yet to break through to the front of the pack in this year’s race. He has about $900,000 in cash on hand, according to the New York City Campaign Finance Board. The Brooklyn borough president, Eric Adams, has $6.7 million on hand; the city comptroller, Scott M. Stringer, has $5.8 million on hand; and the former Citi executive Raymond J. McGuire has $3.8 million at his disposal.“I represent real change,” Mr. Donovan says, speaking to the camera from in front of a row of brownstones in the Brooklyn neighborhood of Prospect Lefferts Gardens, about three miles from his Boerum Hill home. “But the change candidate usually has the least experience. I actually have the most.”AdvertisementContinue reading the main story More