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    House Finds Bannon in Contempt for Defying Jan. 6 Inquiry Subpoena

    The vote came after a bitterly partisan debate over the Capitol attack and as Republicans sought to deflect questions about Donald J. Trump’s role in the violence.The House recommended that Stephen K. Bannon, a former top adviser to President Donald J. Trump, face criminal contempt charges for refusing to cooperate with its select committee’s investigation into the Jan. 6 Capitol riot.Carlos Bernate for The New York TimesWASHINGTON — The House voted on Thursday to find Stephen K. Bannon in criminal contempt of Congress for stonewalling the investigation into the Jan. 6 Capitol attack, pressing for information from a close ally of Donald J. Trump even as Republicans moved to insulate the former president from accountability.The vote of 229 to 202, mostly along party lines, came after Mr. Bannon refused to comply with a subpoena from the House select committee investigating the assault, declining to provide the panel with documents and testimony. The action sent the matter to the Justice Department, which now must decide whether to prosecute Mr. Bannon and potentially set off a legal fight that could drag on for months or years.But what was clear on Thursday was that nine months after the deadliest attack on the Capitol in two centuries, many Republicans in Congress remain bent on whitewashing, ignoring or even validating what took place as their party continues to embrace the lie of a stolen election. Only nine Republicans joined Democrats in voting to enforce the panel’s subpoena.The rest followed the lead of Mr. Trump, who in a statement before the vote derided the election he lost as a crime and praised the mob attack — which injured 140 police officers and claimed several lives — as a legitimate response.“The insurrection took place on Nov. 3, Election Day,” Mr. Trump wrote. “Jan. 6 was the protest!”Before the vote, Republicans argued that the investigation — which Democrats undertook after Republicans blocked the formation of an independent, bipartisan inquiry — was a partisan exercise devised to smear Mr. Trump and persecute his supporters for their political beliefs.On the House floor, Representative Jim Jordan, Republican of Ohio and an ardent Trump supporter, accused the committee of harassing Mr. Bannon and organizers of the “Stop the Steal” rally that preceded the riot.“You’re involved in political activity? They’re going to investigate you,” Mr. Jordan said. “You know what this is really about: getting at President Trump.”Representative Jim McGovern, Democrat of Massachusetts, condemned the former president’s comments and the way Republicans continued to follow his lead.“We live in an age where apparently, some put fidelity to Donald Trump over fidelity to the Constitution,” he said.“He is so feared,” Mr. McGovern added, “that my Republican colleagues are going to keep denying what happened that day.”Representative Liz Cheney of Wyoming, who broke sharply with Mr. Trump, pleaded with her fellow Republicans to stop following him down a path that she warned would lead to ruin.“There’s a moment when politics must stop if we want to defend and protect our institutions,” said Ms. Cheney, the vice chairwoman of the select committee. “A violent assault on the Capitol to stop a constitutional process of counting electoral votes is that moment.”The question of what will happen to Mr. Bannon now goes to the Justice Department, where Attorney General Merrick B. Garland has declined to say whether he will move forward with charges.“We’ll apply the facts in the law and make a decision, consistent with the principles of prosecution,” he told the House Judiciary Committee during an oversight hearing on Thursday.The question of what will happen to Mr. Bannon now goes to the Justice Department. Attorney General Merrick B. Garland has declined to say whether he will move forward with charges.Stefani Reynolds for The New York TimesPresident Biden has endorsed prosecuting those who do not cooperate with the investigation. On Thursday, he made a point of condemning the riot and its origins.“The violent, deadly insurrection on the Capitol nine months ago — it was about white supremacy,” Mr. Biden said in a speech on Thursday to commemorate the 10th anniversary of the Martin Luther King Jr. monument in Washington.Robert J. Costello, Mr. Bannon’s lawyer, informed the House committee this month that his client would not comply with its subpoena, citing Mr. Trump’s directive for his former aides and advisers to invoke immunity and refrain from turning over documents that might be protected under executive privilege.Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.Members of the investigative committee, which is controlled by Democrats, believe that Mr. Bannon has crucial information about plans to undermine Mr. Biden’s victory, including conversations Mr. Bannon had with Mr. Trump in which he urged the former president to focus his efforts on Jan. 6.In its report recommending that the House find Mr. Bannon in contempt, the committee repeatedly cited comments he made on his radio show on Jan. 5 — when Mr. Bannon promised “all hell is going to break loose tomorrow” — as evidence that “he had some foreknowledge about extreme events that would occur the next day.”“He was deeply involved in the so-called Stop the Steal campaign,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said of Mr. Bannon. “We know that the forces that tried to overturn the election persist in their assault on the rule of law.”Representative Liz Cheney, Republican of Wyoming, was stripped of her leadership post over her opposition to Mr. Trump’s election lies. She has pleaded with her colleagues to stop enabling him.Stefani Reynolds for The New York TimesMs. Cheney has suggested that Mr. Trump’s insistence on asserting executive privilege is evidence that he was “personally involved” in the plot to overturn the election on Jan. 6.“Today,” she noted, “the former president suggested that the violence was justified.”Ms. Cheney was one of nine Republicans to join House Democrats in voting to find Mr. Bannon in criminal contempt. The others were Representatives Adam Kinzinger of Illinois, the other Republican member of the panel; Anthony Gonzalez of Ohio; John Katko of New York; Nancy Mace of South Carolina; Jaime Herrera Beutler of Washington; Brian Fitzpatrick of Pennsylvania; and Fred Upton and Peter Meijer, both of Michigan.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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    House Panel Recommends Contempt Charge for Stephen Bannon

    The committee scrutinizing the Jan. 6 Capitol riot said the former White House counselor had “multiple roles relevant to this investigation.”The House select committee investigating the Capitol riot voted 9-0 to recommend charging the former White House counselor with criminal contempt of Congress for defying its subpoena.Carlos Bernate for The New York TimesWASHINGTON — One day before a mob of former President Donald J. Trump’s supporters stormed the Capitol, Stephen K. Bannon, a former top adviser to Mr. Trump, made a prediction to listeners of his radio show.“Now we’re on, as they say, the point of attack — the point of attack tomorrow,” Mr. Bannon said on Jan. 5 as he promoted a plan hatched by Mr. Trump and far-right Republican lawmakers to try to overturn President Biden’s victory the next day, when Congress would meet to formalize the election results. “It’s going to kick off. It’s going to be very dramatic.”It is because of comments like that, which foreshadowed the violence that played out during the Capitol riot, that the House committee investigating the assault is interested in questioning Mr. Bannon. But the former counselor to Mr. Trump has refused to cooperate with the inquiry, citing the former president’s claim of executive privilege.The panel voted unanimously on Tuesday to recommend charging Mr. Bannon with criminal contempt of Congress for defying its subpoena, sending the issue to the House. Representative Steny H. Hoyer of Maryland, the majority leader, said members would hold a vote on Thursday. The chamber is expected to approve the move and hand the matter over to the Justice Department for prosecution.“The rule of law remains under attack right now,” said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee. “If there’s no accountability for these abuses — if there are different sets of rules for different types of people — then our democracy is in serious trouble.“Mr. Bannon will comply with our investigation,” he added, “or he will face the consequences.”Mr. Thompson said he expected the full House to “quickly” take up the matter.The high-profile confrontation is the first of several that promise to test the boundaries of executive privilege — the presidential prerogative to keep official communications secret — and will determine how far the House committee will be able to go in uncovering the story behind the deadliest attack on the Capitol in two centuries.Mr. Trump has filed his own federal lawsuit that touches on similar questions, suing both the chairman of the investigative committee and the head of the National Archives, the custodian of his presidential records, to block the release of material the panel has requested.Many Democrats fear that case, as well as any the Justice Department might decide to bring against Mr. Bannon, may drag on for months, potentially long enough for Republicans to gain the House majority in 2022 and bury the inquiry — and with it, any hope of revealing fresh information about what precipitated the riot.Members of the committee, which is controlled by Democrats, believe that Mr. Bannon has crucial information about plans to undermine Mr. Biden’s victory, including conversations Mr. Bannon had with Mr. Trump in which he urged the former president to focus his efforts on Jan. 6.In a report recommending the House find Mr. Bannon in contempt, the committee repeatedly cited comments he made on his radio show on Jan. 5 — when Mr. Bannon promised “all hell is going to break loose tomorrow” — as evidence that “he had some foreknowledge about extreme events that would occur the next day.”Investigators wrote that Mr. Bannon appeared to “have had multiple roles relevant to this investigation,” including in constructing the “Stop the Steal” public relations effort to spread the lies of a fraudulent election that motivated the attack, and participating in events from a ‘‘war room” organized at a Washington, D.C., hotel with other allies of Mr. Trump who were seeking to overturn the election.The group included members of the Trump campaign’s legal team, including Rudolph W. Giuliani and John C. Eastman; and prominent proponents of false election fraud claims, including Russell Ramsland Jr. and Boris Epshteyn; as well as Trump ally Roger J. Stone Jr., who left the hotel with members of the Oath Keepers militia group acting as bodyguards, the committee wrote.“It’s not going to happen like you think it’s going to happen,” Mr. Bannon told his audience on Jan. 5. “It’s going to be extraordinarily different. And all I can say is: Strap in.”Robert J. Costello, Mr. Bannon’s lawyer, has informed the committee that his client would not comply, citing Mr. Trump’s directive for his former aides and advisers facing subpoenas to invoke immunity and refrain from turning over documents that might be protected under executive privilege.Late Monday, Mr. Bannon and his lawyer sought to delay the vote, citing Mr. Trump’s lawsuit seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 Capitol riot. Mr. Thompson quickly denied the request for a delay.The panel was set to charge Mr. Bannon with criminal contempt of Congress for defying its subpoena.Jason Andrew for The New York TimesUnder federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.During the Tuesday committee meeting, Representative Liz Cheney, Republican of Wyoming and the committee’s vice chairwoman, directed a comment to her Republican colleagues, warning them that following Mr. Trump’s lies was a prescription for “national self-destruction.”“Almost all of you know in your hearts that what happened on Jan. 6 was profoundly wrong,” she said. “You know that there is no evidence of widespread election fraud sufficient to overturn the election; you know that the Dominion voting machines were not corrupted by a foreign power. You know those claims are false.”But both Mr. Bannon’s and Mr. Trump’s cases raise novel legal issues. The case against Mr. Bannon is untested because he has not been an executive branch official since he left the White House in 2017, and any conversations he may have had with Mr. Trump pertaining to Jan. 6 are likely to have fallen outside the former president’s official duties. No court has definitively said whether conversations with private citizens are covered by executive privilege, which is generally extended in relation to conversations or documents that pertain to presidential duties..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-1kpebx{margin:0 auto;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-1kpebx{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 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.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;}And the Biden administration has refused to assert executive privilege over any of Mr. Trump’s Jan. 6-related material, saying that it would not be in the public interest to keep secret the details of a plot to thwart the peaceful transfer of power.Committee members said they were confident that they would prevail in their push to obtain the information.“The former president’s clear objective is to stop the select committee from getting to the facts about Jan. 6, and his lawsuit is nothing more than an attempt to delay and obstruct our probe,” Mr. Thompson and Ms. Cheney wrote in response to Mr. Trump’s suit. “Precedent and law are on our side.”Claims of executive privilege date back to the very first congressional investigation, in George Washington’s administration, said Douglas L. Kriner, a professor of government at Cornell University and author of the book “Investigating the President: Congressional Checks on Presidential Power.”However, Mr. Bannon’s situation is different from many previous cases in which the privilege was invoked.“It’s hard to imagine how this jeopardizes national security,” Mr. Kriner said of releasing documents from the Trump administration. “It doesn’t involve a current ongoing administration that might be harmed in any way, and it doesn’t even involve the right to frank and open conversation between the president and other advisers within the administration.”The committee vote comes as some Senate Republicans are holding up the confirmation of Mr. Biden’s nominee for the U.S. attorney in Washington, D.C., who would oversee charges against defendants related to the Jan. 6 attack, including any potential charges against Mr. Bannon.Senator Mike Lee, Republican of Utah, has put a hold on the nomination of Matthew M. Graves to lead the office, according to two people with knowledge of the situation.Representative Eleanor Holmes Norton, the District’s nonvoting delegate, said she was confident Mr. Graves would eventually win approval, but that his nomination had become mired in Republican hostility around the effort to investigate the Capitol riot.“It really isn’t related to him at all,” Ms. Norton said. “It’s partisan. It does relate to Jan. 6. It’s a tantrum, really.”Mr. Lee’s office did not respond to a request for comment.Emily Cochrane More

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    As Trump Thunders About Last Election, Republicans Worry About the Next One

    Donald Trump is the Republicans’ greatest asset in mobilizing voters. But some fret that his obsession with false claims about the 2020 election could cost the G.O.P. in 2022.Republicans believe they have a good shot at taking Congress next year. But there’s a catch.The G.O.P.’s ambitions of ending unified Democratic control in Washington in 2022 are colliding with a considerable force that has the ability to sway tens of millions of votes: former President Donald J. Trump’s increasingly vocal demands that members of his party remain in a permanent state of obedience, endorsing his false claims of a stolen election or risking his wrath.In a series of public appearances and statements over the last week, Mr. Trump has signaled not only that he plans to work against Republicans he deems disloyal, but also that his meritless claims that widespread voter fraud cost him the White House in 2020 will be his litmus test, going so far as to threaten that his voters will sit out future elections.“If we don’t solve the Presidential Election Fraud of 2020,” Mr. Trump said in a statement last week, “Republicans will not be voting in ’22 or ’24. It’s the single most important thing for Republicans to do.”The former president’s fixation on disproved conspiracy theories is frustrating to many in his party who see it as needlessly divisive at a time when Republicans feel they are poised to take back the House of Representatives and perhaps the Senate in the 2022 midterm elections. They worry he could cost Republicans otherwise winnable seats in Congress and complicate the party’s more immediate goal of winning the governor’s race in Virginia next month.The concern over Mr. Trump’s attempts to make all federal elections a referendum on him points to the larger debate among Republicans over what his role should be, as someone who remains singularly popular with the party’s base but is also a liability with swing voters and a motivator for Democrats to turn out.Some rising stars in the Republican Party — like Representative Elise Stefanik of New York, who ousted Representative Liz Cheney of Wyoming from a House leadership post in a bitter intraparty fight over the Jan. 6 riots and Mr. Trump’s attempts to downplay them — have been clear: They want Mr. Trump to play a role in the 2022 midterms. Ms. Stefanik called him “an asset to Republicans on the ballot” at a fund-raiser last week.And top party strategists said they expected the former president to remain front and center in the Republicans’ campaign to retake control of the House. “He’s the leader of the party,” said Corry Bliss, a consultant to Republicans on congressional races. “The more energized and engaged he is, the better we’ll do.”But party officials believe Mr. Trump’s threat about his supporters staying home en masse is real. And the potency of his false claims about 2020 caught even some of his staunchest allies in the party off guard.The stakes are amplified by Mr. Trump’s increasingly pointed hints that he plans to be the party’s nominee in 2024.Representative Marjorie Taylor Greene has been an outspoken supporter of Mr. Trump and the claims of voting irregularities during the 2020 election.Kenny Holston for The New York TimesRepresentative Marjorie Taylor Greene of Georgia has supported exhaustive audits of the 2020 results to look for evidence of voting irregularities that repeated reviews have failed to produce. Still, she has told colleagues that she was surprised by a recent survey of Republican voters in her district, according to one person who spoke with her about it.The internal survey found that 5 percent of Republican voters said they would sit out the 2022 election if the state of Georgia did not conduct a forensic audit of the 2020 election — a demand that some of Mr. Trump’s hard-core supporters have made. Another 4 percent said they would consider sitting out the election absent an audit.The possibility that nearly 10 percent of Republicans could sit out any election — even one in a solidly red district like the one held by Ms. Taylor Greene — was something Republican strategists said they found alarming.Since Mr. Trump left office, polls have repeatedly shown that large majorities of Republican voters want him to run in 2024. And roughly 40 percent of Republicans say they consider themselves to be primarily his supporters rather than supporters of the party — about the same share who said so last November, according to the political research firm Echelon Insights.Many Republicans don’t seem to want to hear anything critical about him. A recent poll by the Pew Research Center, for instance, highlighted the lack of an appetite for much dissent. Nearly two-thirds of Republicans, Pew found, said their party should not be accepting of elected officials who criticize Mr. Trump.Mr. Trump’s recent interference in the Virginia contest — where polls show the Republican candidate, Glenn Youngkin, narrowly trailing his Democratic rival, former Gov. Terry McAuliffe — worried advisers to Mr. Youngkin’s campaign. They watched as their carefully scripted plan to keep the race focused on their candidate and on claims that Democrats have veered too far left became engulfed by news coverage of the former president praising Mr. Youngkin at a political rally last week.Mr. Trump remains overwhelmingly popular within the Republican party.Maddie McGarvey for The New York TimesSome Republicans said they feared they were watching a preview of the awkward and unpleasant dilemma their candidates would face for the foreseeable future, as Mr. Trump remains the most popular figure in their party, determining what candidates say and how voters think.“Here is where Trump is so destructive,” said Barbara Comstock, a former Republican member of Congress who lost her seat in suburban Virginia in 2018. That year, voters in swing districts across the country turned against centrist incumbents like her in a repudiation of Mr. Trump.Trump’s Bid to Subvert the ElectionCard 1 of 6A monthslong campaign. More

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    Jan. 6 Panel Moves to Recommend Criminal Charges Against Bannon

    The House select committee investigating the Capitol riot will vote next week to recommend a criminal contempt of Congress charge against Stephen K. Bannon after he defied a subpoena.WASHINGTON — The chairman of the House inquiry into the Jan. 6 attack on the Capitol said the committee would move next week to recommend that Stephen K. Bannon, a former top adviser to President Donald J. Trump, face criminal contempt charges for refusing to cooperate with its investigation.The move would escalate what is shaping up to be a major legal battle between the select committee and the former president over access to crucial witnesses and documents that could shed light on what precipitated the assault, when a pro-Trump mob stormed the Capitol and disrupted Congress’s formal count of the votes that confirmed President Biden’s election.The fight will test how far Congress will be able to go in pressing forward on the investigation in the face of stonewalling by the former president. Should the House ultimately approve the referral, as expected, the Justice Department would decide whether to accept it and pursue a criminal case.So far, the Biden administration has taken the unusual step of refusing to honor Mr. Trump’s claims of executive privilege, which can shield White House deliberations or documents involving the president from disclosure.Mr. Bannon informed the panel last week that he would defy a subpoena, in accordance with a directive from Mr. Trump, who has told former aides and advisers that they should not cooperate because the information requested is privileged.“Mr. Bannon has declined to cooperate with the select committee and is instead hiding behind the former president’s insufficient, blanket and vague statements regarding privileges he has purported to invoke,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement.The committee, which is controlled by Democrats, will consider the referral on Tuesday and is all but certain to agree to it. That would send the criminal contempt citation to the full House, where Democrats have the votes to approve it. The matter would then be sent to the Justice Department with a recommendation that officials pursue a legal case against Mr. Bannon.The cumbersome procedure reflects a challenging reality that Democrats are grappling with as they delve deeper into the Jan. 6 inquiry. Congress is a legislative body, not a law enforcement entity, and its ability to compel cooperation and punish wrongdoing on its own is inherently limited. Its investigative tools are only as powerful as the courts decide, and the process of waging legal fights to secure crucial information and witnesses is likely to be a prolonged one.Robert J. Costello, a lawyer for Mr. Bannon, said in a letter to the committee on Wednesday that his client would not produce documents or testimony “until such time as you reach an agreement with President Trump” on claims of executive privilege “or receive a court ruling.”The case of Mr. Bannon is particularly tricky because he has not been an executive branch official since he left the White House in 2017, and any conversations he may have had with Mr. Trump pertaining to Jan. 6 are likely to have fallen outside the former president’s official duties.No court has definitively said whether conversations with private citizens are covered by executive privilege, which is generally extended in relation to conversations or documents that pertain to presidential duties.“Privilege for a private citizen, who was potentially talking about things outside of the president’s official duties, has never been tested in court,” said Jonathan D. Shaub, a law professor at the University of Kentucky who worked at the Justice Department’s Office of Legal Counsel.Even as it moves aggressively against Mr. Bannon, the panel has taken a different approach to two other advisers to Mr. Trump who have so far declined to comply with its subpoenas but have not stonewalled the inquiry entirely.Mark Meadows, the former White House chief of staff, and Kash Patel, a former Pentagon chief of staff, were also summoned to sit for depositions this week, but they are not yet facing contempt citations for failing to do so.The committee said it was in communication with Mr. Meadows and Mr. Patel, and a person with knowledge of those talks said that lawmakers were likely to grant them a delay before testifying. Dan Scavino Jr., a former White House deputy chief of staff under Mr. Trump, was served with his subpoena last week.For years while Mr. Trump was president, administration officials refused to comply with congressional subpoenas, thumbing their noses at Democratic lawmakers on matters from election interference to census questions. Democrats, in turn, opted not to try to press their claims in court, concluding that the process would be too time-consuming to be effective, particularly in the case of Mr. Trump’s impeachment.Now that he has left office, Democrats and Mr. Biden’s Justice Department must decide how aggressive they want to be in waging legal battles to insist on congressional prerogatives. That includes the question of whether to try to compel cooperation in the investigation from Mr. Trump himself, which Mr. Thompson has repeatedly said was possible, but which raises legal and logistical challenges that many Democrats privately say make it unlikely.Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.But the Justice Department has generally refrained from prosecuting executive branch officials when they have refused to comply with subpoenas, and Congress has voted to hold them in contempt, according to a 2019 Congressional Research Service report.Justice Department legal opinions from 1984 and 2008 say that the department will not prosecute officials for complying with a president’s formal assertion of privilege over conversations or documents.In 2015, the Justice Department under President Barack Obama said it would not seek criminal contempt charges against Lois Lerner, a former I.R.S. official; and in 2019, the department under Mr. Trump made a similar decision, rebuffing Congress on behalf of Attorney General William P. Barr and Commerce Secretary Wilbur Ross.The last person charged with criminal contempt of Congress, Rita M. Lavelle, a former federal environmental official under President Ronald Reagan, was found not guilty in 1983 of failing to appear at a congressional subcommittee hearing. She was later sentenced to jail for lying to Congress.Jeffrey S. Robbins, a former federal prosecutor and a partner at the law firm Saul Ewing Arnstein & Lehr, said under different circumstances, the committee might face an uphill battle enforcing the subpoena: if the Justice Department were still under Mr. Trump, Congress were in Republican hands, or there were a reasonable argument — such as protecting national security — for invoking executive privilege. In this case, Mr. Robbins said, none of those circumstances existed.“It’s open contempt of a subpoena without an apparent basis,” said Mr. Robbins, who teaches a course on congressional investigations at Brown University. He called the invocation of executive privilege “patently bogus,” adding, “It’s difficult to imagine it will not be referred for prosecution.”Once Congress votes to hold Mr. Bannon in contempt, the next step would be to refer the matter to the U.S. attorney in Washington. If the White House determines that no claim of executive privilege applies, the U.S. attorney’s office would then decide whether to bring the case before a grand jury, in consultation with top Justice Department officials.But if Mr. Bannon were to sue over the issue, the Justice Department would most likely follow past practice and wait for the courts to resolve the lawsuit before bringing the contempt charge before a grand jury, Mr. Shaub said.In letters transmitting its subpoenas to Mr. Bannon and the three former Trump administration officials, the committee said it was seeking information about the president’s actions in the run-up to and during the riot.Mr. Bannon reportedly communicated with Mr. Trump on Dec. 30 and urged him to focus his efforts on Jan. 6, the committee said. He was also present at a meeting at the Willard Hotel in Washington the day before the violence, when plans were discussed to try to overturn the results of the election the next day, the committee stated. Mr. Bannon was quoted as saying, “All hell is going to break loose tomorrow.”On Wednesday, the committee also issued a subpoena to Jeffrey Clark, a former Justice Department official who was involved in Mr. Trump’s efforts to overturn the election. The committee’s action came the same day it heard lengthy closed-door testimony from Jeffrey A. Rosen, the former acting attorney general, who has testified publicly and privately about the final days of the Trump administration, when the former president was pressing top officials to use the Justice Department to advance false claims of election fraud.In private testimony before the Senate Judiciary Committee, Mr. Rosen said that Mr. Clark had told him that Mr. Trump was getting ready to fire Mr. Rosen and endorse Mr. Clark’s strategy of pursuing conspiracy theories about the hacking of voting booths and fraud.“Well, I don’t get to be fired by someone who works for me,” Mr. Rosen said he told Mr. Clark. More

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    The Trump Coup Is Still Raging

    What happened at the Capitol on Jan. 6 was not a coup attempt. It was half of a coup attempt — the less important half.The more important part of the coup attempt — like legal wrangling in states and the attempts to sabotage the House commission’s investigation of Jan. 6 — is still going strong. These are not separate and discrete episodes but parts of a unitary phenomenon that, in just about any other country, would be characterized as a failed coup d’état.As the Republican Party tries to make up its mind between wishing away the events of Jan. 6 or celebrating them, one thing should be clear to conservatives estranged from the party: We can’t go home again.The attempted coup’s foot soldiers have dug themselves in at state legislatures. For example, last week in Florida State Representative Anthony Sabatini introduced a draft of legislation that would require an audit of the 2020 general election in the state’s largest (typically Democratic-heavy) counties, suggesting without basis that it may show that these areas cheated to inflate Joe Biden’s vote count.Florida’s secretary of state, a Republican, knows that an audit is nonsense and has said so. But the point of an audit would not be to change the outcome (Mr. Trump won the state). The point is not even really to conduct an audit.The obviously political object is to legitimize the 2020 coup attempt in order to soften the ground for the next one — and there will be a next one.In the broad strategy, the frenzied mobs were meant to inspire terror — and obedience among Republicans — while Rudy Giuliani and his co-conspirators tried to get the election nullified on some risible legal pretext or another. Republicans needed both pieces — neither the mob violence nor an inconclusive legal ruling would have been sufficient on its own to keep Mr. Trump in power.True to form, Mr. Trump was able to supply the mob but not the procedural victory. His coup attempt was frustrated in no small part by a thin gray line of bureaucratic fortitude — Republican officials at the state and local levels who had the grit to resist intense pressure from the president and do their jobs.Current efforts like the one in Florida are intended to terrorize them into compliance today or, short of that, to push such officials into retirement so that they can be replaced with more pliant partisans. The lonely little band of Republican officials who stopped the 2020 coup is going to be smaller and lonelier the next time around.That’s why the Great Satan for the Republican Party right now is not Mr. Biden but Representative Liz Cheney of Wyoming, one of a small number of Republicans willing to speak honestly about Jan. 6 and to support the investigation into it — and willing to contradict powerful people like Kevin McCarthy of California, who has falsely (and preposterously) claimed that the F.B.I. has cleared Mr. Trump of any involvement in Jan. 6.The emerging Republican orthodoxy on Jan. 6 is created by pure political engineering, with most party leaders either minimizing, halfheartedly defending or wholeheartedly celebrating the coup, depending on their audience and ambitions. Pragmatic party leaders like Mitch McConnell, and others like him who were never passionately united with Mr. Trump but need his voters, are hoping that the memory of the riot gets swept away by the ugly news from Afghanistan and the usual hurly-burly. But other Republicans have praised the rioters: Representative Madison Cawthorn of North Carolina insisted that those who have been jailed are “political prisoners” and warned that “bloodshed” might follow another “stolen” election. The middle-ground Republican consensus is that the sacking of the Capitol was at worst the unfortunate escalation of a well-intentioned protest involving legitimate electoral grievances. More

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    Tap Dancing With Trump: Lindsey Graham’s Quest for Relevance

    Lindsey Graham’s moment, it seemed, came on the evening of Jan. 6. With crews still cleaning up the blood and broken glass left by the mob that just hours before had stormed the Capitol, he took the Senate floor to declare, “Count me out” and “Enough is enough.”Half a year later, a relaxed Mr. Graham, sitting in his Senate office behind a desk strewn with balled napkins and empty Coke Zero bottles, says he did not mean what almost everybody else thought he meant.“That was taken as, ‘I’m out, count me out,’ that somehow, you know, that I’m done with the president,” he said. “No! What I was trying to say to my colleagues and to the country was, ‘This process has come to a conclusion.’ The president had access to the courts. He was able to make his case to state legislators through hearings. He was disappointed he fell short. It didn’t work out. It was over for me.”What was not over for the senator from South Carolina was his unlikely — to many people, confounding — relationship with that president, Donald J. Trump.For four years, Mr. Graham, a man who had once called Mr. Trump “a race-baiting, xenophobic bigot,” exemplified the accommodations that so many Republicans made to the precedent-breaking president, only more vividly, volubly and candidly.But Mr. Graham’s reaffirmed devotion has come to represent something more remarkable: his party’s headlong march into the far reaches of Trumpism. That the senator is making regular Palm Beach pilgrimages as supplicant to an exiled former president who inspired the Capitol attack and continues to undermine democratic norms underscores how fully his party has departed from the traditional conservative ideologies of politicians like Mitt Romney, Liz Cheney and Mr. Graham’s close friend John McCain.To critics of Mr. Graham, and of Mr. Trump, that enabling comes at enormous cost. It can be seen, for example, in Republicans’ efforts to torpedo the investigations of the Capitol riot and in the way the party, with much of its base in thrall to Mr. Trump’s stolen-election lie, is enacting a wave of vote-suppressing legislation in battleground states.Mr. Graham, of course, describes his role in far less apocalyptic terms. Even as he proclaims — from under the hard gaze of a half-dozen photos of Mr. McCain — that the Republican Party is now “the Trump party,” even as he goes on Fox to declare that the party can’t “move forward” without the man who twice lost the popular vote, Mr. Graham casts himself as a singular force for moderation and sanity.Senator Lindsey Graham at a campaign rally last year with President Donald J. Trump.Doug Mills/The New York TimesHe alone can fix the former president, he believes, and make him a unifying figure for Republicans to take back both houses of Congress next year and beyond. To that end, he says, he is determined to steer Mr. Trump away from a dangerous obsession with 2020.“What I say to him is, ‘Do you want January the 6th to be your political obituary?’” he said. “‘Because if you don’t get over it, it’s going to be.’”Many of Mr. Graham’s old friends on both sides of the aisle — and he still does not lack for them — grudgingly accepted as political exigency his original turn to Mr. Trump. His deviations from conservative orthodoxy, they understood, had left him precariously mistrusted back home. Now, though, they fear he has reached a point of no return.“Trump is terrible for the country, he’s terrible for the Republican Party and, as far as I’m concerned, he’s terrible for Lindsey,” said Mark Salter, a close McCain friend who was the ghostwriter for Mr. Graham’s autobiography.“Lindsey is playing high-risk politics,” said Senator Dick Durbin, a liberal Democrat from Illinois who considers Mr. Graham a friend. “He is pinning the hopes of the Republican Party on a very unstable person.”What makes Lindsey run?Over the last four years, pundits and political analysts have endlessly teased the question. Yet what emerges from interviews with more than 60 people close to him, and with the senator himself, is a narrative less of transformation than of gyration — of an infinitely adaptable operator seeking validation in the proximity to power. It is that yearning for relevance, rooted in what he and others described as a childhood of privation and loss, that makes Mr. Graham’s story more than just a case study of political survival in the age of Trump.Raised just this side of poverty and left parentless early, Mr. Graham, 66, has from his school days chosen to ally himself with protective figures he calls “alpha dogs,” men more powerful than himself — disparate, even antagonistic, figures like Mr. Trump and Mr. McCain, the onetime prisoner of war so famously disparaged by Mr. Trump. Indeed, toward the end of his life, Mr. McCain privately remarked that his friend was drawn to the president for the affirmation.“To be part of a football team, you don’t have to be the quarterback, right?” Mr. Graham said in the interview. “I mean, there’s a value in being part of something.”It was in that role, amid unrelenting pressure from Mr. Trump and his sons, that Mr. Graham called Georgia’s top elections official in November to inquire about the vote tally in the state, which Mr. Trump lost by nearly 12,000. That call is now part of a criminal investigation of the Trump camp’s actions in Georgia.Yet nothing Mr. Graham does or says seems enough to satisfy the Trumps. That has left the self-described conciliator struggling to generate good will on both sides of the political divide.In mid-November, as he was publicly urging Mr. Trump to keep up the election fight, Mr. Graham made a previously unreported phone call to President-elect Joseph R. Biden Jr., to revive a friendship damaged by his call for a special prosecutor to investigate the overseas business dealings of Mr. Biden’s son Hunter.It was short, and not especially sweet, according to three people with direct knowledge of the exchange. Mr. Graham told Mr. Biden that, in attacking Hunter, he had done only the bare minimum to satisfy Trump supporters back home. (A Graham spokesman disputed that account.)Mr. Biden, who viewed Mr. Graham’s statement as an unforgivable attack on his family responded by saying he would work with any Republican, but dismissed the approach as Mr. Graham trying to have it both ways, two people close to the president said.“Lindsey’s been a personal disappointment,” Mr. Biden said a few days later, “because I was a personal friend of his.”From Humble BeginningsIt is a truism of political biography that golf affords a window into both style and soul. And it has certainly played an important role in sustaining the precarious but durable Trump-Graham partnership. (That bond was on display in May, when the two men staged a Trump Graham Golf Classic fund-raiser, with an entry fee of $25,000.)Still, the senator’s frequent impromptu trips to Mar-a-Lago remain a bit of a puzzlement to the former president.“Jesus, Lindsey must really, really like to play golf,” Mr. Trump recently told an aide.The game — and the status conferred by playing with Mr. Trump — is no small thing to a man who grew up on the creaky lower rungs of the middle class, living in the back room of his family’s beer-and-shot pool hall, the Sanitary Cafe, in Central, S.C., a mill town at the midpoint of the freight line between Atlanta and Charlotte, N.C.His parents, Millie and F.J. Graham — known to everyone in town as Dude — worked 14-hour days and slept in the cramped apartment next to the bar’s two bathrooms, their kitchen separated by a curtain from the smoky tavern, with its jukebox, pinball machines and peeling laminate-wood counter. The future senator shared a single room with his parents, his sister, Darline, and the occasional patron, often coated in mill dust, who would wander in tipsily to watch TV with the family.A young Mr. Graham with his mother, Millie, in 1958.via Lindsey GrahamThe future senator being held by his father, F.J., several years earlier.via Lindsey GrahamMr. Graham was very close to both parents, and he finds it hard to discuss their loss without choking up. But his mother was the warmer presence; her husband was a wry but undemonstrative World War II veteran devoted to his family but preoccupied with keeping the business afloat and prone, in Mr. Graham’s early years, to drinking.“He had a tough side to him. He kept a gun behind the counter,” the senator’s sister, Darline Graham Nordone, recalled in a recent interview, adding, “You knew that Mr. Dude was a kind, good man, but you weren’t going to mess with him.”It fell largely to Mr. Graham, 9 years older, to be parent to his sister. From his early teens, she recalled, it was Lindsey who helped her with her homework, Lindsey who gave her medicine when she was sick. Not too many years later, it would be Lindsey who told her that their mother was dying. “Lindsey took me to the end of the hall” at the hospital, she said. “He told me he didn’t know if she was going to make it.”The Grahams did not have the money or the time for real vacations, so to bond with his father, Lindsey decided they should take up golf. They began playing at a chewed-up county course, and it became such a weekly ritual that, to save on rental fees, Dude Graham eventually bought an old electric cart that could be charged, free, at the course’s cart shed.Mr. Graham with his sister, Darline, and his parents.via Lindsey GrahamShortly after Mr. Graham began attending the University of South Carolina, his mother was diagnosed with lymphatic cancer. On weekends, he would ride a bus home to look after his sister. “It was just dark and lonely without him there,” she said.Fifteen months after their mother died, Ms. Nordone, still in middle school, woke up to discover Dude Graham dead, from a heart attack.“Don’t worry,” her brother told her, “I’ll always take care of you,” which he did as he ground his way through law school.Had this childhood led Mr. Graham to seek out father figures in his adult life? “That’s a tough question,” she replied. “I just don’t know.”Either way, his quicksilver mind and self-lacerating sense of humor made him a magnet for mentors and big brothers. Two of the earliest were his high school coach, Alpheus Lee Curtis, and Colonel Pete Sercer, the head of Air Force R.O.T.C. at the University of South Carolina, who guided him toward his first career, as a military lawyer, serving largely in Europe.Another mentor was Larry Brandt, his law partner when he returned to South Carolina. In an interview, Mr. Brandt recalled that Mr. Graham’s career in politics began when he was approached by both the local Republican and Democratic parties in 1992 to run for a state House seat held by an unpopular Democrat.“Lindsey came to me and said, ‘What do you think?’” said Mr. Brandt, a lifelong Democrat. “Lindsey and I talked a lot over time about issues, and there’s no doubt Lindsey was a Democrat on all social issues.”Ultimately, he said, Mr. Graham’s decision came down to calculation more than deep partisan feeling: The Democratic primary would be competitive; if he ran as a Republican, he would be able to devote himself to the general election.He won, and within a few years was elected to Congress, which in 1999 led to a career-making performance as a House manager in President Bill Clinton’s impeachment trial. Mr. McCain was so impressed with the barbed, folksy one-liners that he invited Mr. Graham back to his Senate office, where he declared himself a fan — and, oh, would Mr. Graham endorse him for president in 2000?Mr. Graham was House manager in President Bill Clinton’s impeachment trial in 1999.Douglas Graham/Congressional Quarterly, via Getty Images“I said, ‘Yeah,’” recalled Mr. Graham, who remembers thinking, in the moment, how far he had come from the Sanitary Cafe. “No one’s ever asked me to help them run for president. If Bush had asked me before him, I’d have probably said yes.”After Mr. Graham’s election to the Senate in 2002, the two became inseparable, communicating by flip-phone, often several times an hour, with Mr. Graham serving as sounding board, soother and tactical adviser. Their influence peaked as they supported the Iraq war before joining forces to question the Bush administration’s strategy and interrogation methods. They shared a vision for the Republican Party — inclusive, center-right, hawkish on foreign policy, more moderate on immigration and other domestic issues.But that ideal had long been fading when Mr. Graham joined Mr. McCain at his ranch in Sedona, Ariz., on election night 2016. Mr. Graham still believed Hillary Clinton would win in a romp, yet there he was, incredulously watching the returns come in for Mr. Trump, uttering profanities over and over and over.“I was in shock for a week,” Mr. Graham recalled. It did not take him long to make a decision. “Am I going to be fighting a rear-guard action here? Or am I going to try to work with him?”‘An Abiding Need to Be in the Room’Mr. McCain, whose own presidential aspirations ended after his loss to Barack Obama in 2008, had urged Mr. Graham to run in 2016. But he warned his friend against engaging in a one-on-one verbal brawl with Mr. Trump. Mr. Graham did not listen.“I want to talk to the Trump supporters for a minute. I don’t know who you are and why you like this guy,” Mr. Graham said on CNN in late 2015, before quitting the race. “Here’s what you’re buying: He’s a race-baiting, xenophobic bigot. He doesn’t represent my party.”Yet scarcely two months after Mr. Trump’s inauguration, a grinning Mr. Graham could be found in the office of the White House press secretary, Sean Spicer, chatting with Kellyanne Conway, one of the president’s top advisers.The senator had been orchestrating his West Wing appearance, steadily softening his criticism of Mr. Trump on Fox, and working some of the network’s pro-Trump hosts, with the knowledge that the president would be watching. He had also had dinner with Jared Kushner and Ivanka Trump.Mr. Graham’s presence bewildered some Trump aides, but not people who knew him. “He has an abiding need to be in the room, no matter what the cost,” said Hollis Felkel, a veteran South Carolina Republican political consultant.Mr. Graham said he was there to sell the president on a more hawkish foreign policy at a time when Mr. Trump was vowing quick withdrawals from Afghanistan. He was surprised, he said, how friendly the president was. Indeed, to hear Mr. Graham talk about his interactions with Mr. Trump is to be struck by how much he seems to relish them.“He came in and he was very gracious, like he’s trying to sell me a condo, showed me around,” Mr. Graham recalled.Mr. Graham said he reciprocated by praising his host’s political skills and pledging to support him when he could, especially on judicial nominations. He soon followed up with a flurry of phone conversations on politics, gossip and golf.That led to the prize Mr. Graham wanted from the start: an invitation to Mr. Trump’s club in Virginia.“Where it all changed is when we went for golf,” Mr. Graham said.Senator and president playing golf last summer at the Trump National Golf Club in Sterling, Va.Jim Lo Scalzo/EPA, via ShutterstockMr. Trump had his own motivations for making nice. He was an interloper who craved legitimacy, and found the Senate Republican leader, Mitch McConnell, unapproachable and humorless. Mr. Graham, according to Stephen K. Bannon, Mr. Trump’s chief strategist at the time, wasn’t a “stiff,” like so many others in Congress.“The senator closest to Trump was Lindsey Graham, and it’s not even a question,” Mr. Bannon said. “Have you met Lindsey Graham? I like him, and I think he’s the worst.”Like Mr. McCain, Mr. Trump was drawn to Mr. Graham’s ambidextrous, pragmatic politics — and his strategic amiability.“People apparently found the combination of my slight stature and gabby nature comical,” Mr. Graham wrote in his 2015 memoir, referring to a coping strategy learned in childhood. “I was expected to entertain folks. And I knew the more audacious I was the more entertaining I would be.”Mr. Trump also told his staff that he preferred the company of people he had turned — former enemies who had come to see that he was actually a good guy they could respect.Mr. McCain was decidedly not turned. While he understood the need to make peace with the party’s leader, he told Mr. Graham flatly that the president “is not one of us.”He kept his temper in check until Mr. Graham started raving about how “such a big, older guy” could put up an 18-hole score that nearly matched his age, according to a mutual friend.“My ass he shot a 70!” Mr. McCain yelled.“John was just surprised and to certain extent disappointed, but not really angry, with the closeness of the Lindsey Graham relationship with Trump,” said Joseph Lieberman, a former Democratic senator from Connecticut who was close to both lawmakers.When Mr. McCain’s aggressive brain tumor was diagnosed in the summer of 2017, Mr. Graham compartmentalized, comforting his friend and courting Mr. Trump.The president enlisted Mr. Graham and another McCain ally, Gov. Doug Ducey of Arizona, to win over Mr. McCain on a key campaign promise, repealing Obamacare, and Mr. Graham eagerly agreed. Both assured White House officials they had persuaded Mr. McCain to vote “yes,” according to former West Wing aides involved in the talks.They had not. On July 28, a dying Mr. McCain returned to Washington to deliver his defiant thumbs-down, and it seemed, for a moment, that Mr. Trump’s grip on the party was not as tight as he claimed.There would be one more act. The McCain family had insisted that the president and his entourage would not be welcome at the senator’s state funeral, but Ivanka Trump, who had collaborated with Mr. McCain’s wife, Cindy, on the issue of human trafficking, insisted on attending. It was Mr. Graham who persuaded Ms. McCain to reluctantly extend an invitation to Ms. Trump and Mr. Kushner.Afterward, Mr. McCain’s daughter Meghan angrily told the late-night host Stephen Colbert, “My father had been very clear about the line between the McCains and the Trumps.”Mr. Graham paid his respects after the death in 2018 of Senator John McCain, a longtime friend.Erin Schaff for The New York TimesBy this time, Trump aides were noticing a curious dynamic: It wasn’t just that the president absolved Mr. Graham for the Obamacare debacle; the senator was one of the few people who could get away with taking on Mr. Trump and his temper.The most common source of flare-ups was Afghanistan. During one golf outing, the two men got into a screaming match after Mr. Graham said he would rather deal with a bomb killing civilians in Kabul “than in Times Square.”Mr. Trump barked an expletive, shouted, “You guys have been wrong for 20 years,” and stomped off, according to a person who witnessed the exchange.A few minutes later, they were chatting amiably as if nothing had happened, the person said.Some of the president’s top advisers were growing annoyed by Mr. Graham’s pesky omnipresence — finagling flights on Air Force One, showing up at the West Wing on little notice. “Sometimes he’d just like to sit with the president in the dining room off the Oval at the end of the day,” a former senior White House official said.In early 2019, as the Trumps were sitting down to dinner, Mr. Graham phoned up the president’s assistant, Madeleine Westerhout, to say he was coming up to the White House residence with Ted Cruz, the senator from Texas, to discuss a plan to address one of the many crises plaguing the administration.Mr. Trump obliged, Melania Trump felt put upon and nothing came of it, aides familiar with the episode said.‘I’m the Senator From South Carolina’Mr. McCain’s death in August 2018 had been a profound loss for Mr. Graham, and during the interview in his office, he nearly broke down describing the hours he spent at his friend’s hospital bedside, holding his hand, during those final days in Arizona.Yet he also acknowledged that the dissolution of the partnership had freed him to look after his own political interests, which entailed cozying up to the right-wing populists who increasingly dominated his party in South Carolina.“I jokingly refer to Senator Graham as Senator Graham 1.0 and the Senator Graham 2.0 who came along during the Trump years, the 2.0 being the preferred upgrade,” said Nate Leupp, chairman of the Greenville County Republicans and one of several party leaders in South Carolina who said they had long been wary of the senator’s “maverick alliances.”Mr. Graham’s 2016 presidential primary bid — a bit of a lark, intended to vault him to the national stage as a solo act — had been a humiliating reminder of how vulnerable he was at home: When he dropped out in December 2015, he was polling in single digits in South Carolina.His McCain-esque positions on immigration and trade, he admits, were part of the problem. “I adore John McCain. Yeah, he’s done more to mentor me and help me than any single person in politics,” Mr. Graham said. “But having said that, I’m the senator from South Carolina.”Perhaps the most sensitive issue for Mr. Graham was his bipartisan record on judicial appointments.Mr. Graham had long argued that presidents deserved to have their judicial nominees confirmed, and in 2010, he voted for Mr. Obama’s first Supreme Court nominee, Elena Kagan. It came at a cost: Anti-abortion protesters in South Carolina hanged him in effigy, and when he ran for re-election in 2014, six primary opponents popped up, each hammering him for being too liberal on the courts.Mr. Graham has played down the episode, but it clearly scarred him.“I have triplets, and I would probably do anything, including breaking the law, to protect them. He’s got a Senate seat,” Mick Mulvaney, the former acting White House chief of staff, said of Mr. Graham on a recent podcast.So when a second Supreme Court vacancy opened up in early 2016, Mr. Graham signed on to Mr. McConnell’s refusal to allow a Senate vote on the nomination of Merrick Garland, on the grounds that it came too close to the November election.And several people described a similar determination to prove his conservative bona fides in what was probably Mr. Graham’s most memorable public performance in the service of Mr. Trump: his outraged defense of Brett M. Kavanaugh, whom he had known for a decade, against sexual misconduct allegations during the Supreme Court confirmation hearings in September 2018.“You’re legitimizing the most despicable thing I have seen in my time in politics!” Mr. Graham said.Yet if Mr. Graham’s performance won him kudos from skeptics back home, it did not translate into safety ahead of his re-election campaign. The election became a referendum, of sorts, on Mr. Graham’s shotgun conversion to Trumpism.In mid-2019, his eventual Democratic opponent, Jaime Harrison, began raising tens of millions of dollars from donors nationwide. And after a mid-September 2020 poll showed the candidates in a dead heat, Mr. Harrison raised $1 million in 24 hours, part of a $57 million quarter, the richest for any Senate candidate in history.“I’m getting overwhelmed,” Mr. Graham lamented to Sean Hannity on Fox. “LindseyGraham.com. Help me.”The senator campaigned for re-election last year. He won by 10 points.Gavin McIntyre for The New York TimesBehind the scenes, Mr. McConnell tapped his national fund-raising network, channeling $10 million to Mr. Graham’s cause, and two Ohio-based dark-money groups chipped in $4.4 million.As for Mr. Trump, he made one appearance with Mr. Graham in South Carolina and cut one campaign ad. But he did let Mr. Graham raise money off his brand, and, in the end, the senator raked in about $111 million, almost nine times what he had raised in 2014 and nearly as much as Mr. Harrison.Mr. Graham won by 10 points.After the ElectionEven with a renewed six-year lease on public life, Mr. Graham hasn’t stopped tap dancing.In the days following the election, he scrambled to stay on Mr. Trump’s good side, publicly urging him not to concede until he had exhausted all his legal challenges and listening calmly on late-night phone calls as the president raged about a stolen election. He even wrote a $500,000 check to aid Mr. Trump’s legal defense.But privately he was already reaching out to Mr. Biden and counseling Mr. Trump to ramp down his rhetoric. And he steadfastly refused to appear at news conferences with Mr. Trump’s legal team or repeat their false claims — which annoyed the president and infuriated his son Donald Jr., always a Graham skeptic, retweeting stories with a “#whereslindsey” hashtag when he felt the senator was not standing up for his father.The biggest source of residual anger inside the Trump bubble was Mr. Graham’s refusal, as chairman of the Judiciary Committee, to acquiesce to White House demands for hearings into Hunter Biden’s business dealings.Mr. Graham said all the right things on Fox, and hinted he would get to the bottom of the matter. But his staff advised him that it was impossible to tell reality from disinformation, so he delayed and deliberated, happily deferring to the homeland security committee.He had a better relationship with the president’s middle son, Eric, yet he, too, was growing frustrated that the senator would not even retweet claims of election fraud. At a family meeting, he fumed that Mr. Graham had always been “weak” and would pay a price because his father would be the most powerful Republican for years to come, according to a political aide who was within earshot. Mr. Trump was working the senator, too, according to people familiar with the exchanges.Mr. Graham said that what happened next had nothing to do with the pressure bearing down on him. But on Nov. 13, he called Brad Raffensperger, the Georgia secretary of state, the first of a series of interventions Mr. Trump and his allies were to make into the tallying of the results in Georgia.Mr. Raffensperger has said that Mr. Graham asked if there was a legal way, using the state courts, to toss out all mail-in votes from counties with high rates of questionable signatures. And a Raffensperger aide who was on the call said in an interview that Mr. Graham’s goal was getting as many ballots thrown out as possible.Even so, he made no overt request to discard ballots, according to another Raffensperger aide, Gabriel Sterling. As such, prosecutors investigating the Trump camp’s actions in Georgia would probably have difficulty establishing any wrongdoing by Mr. Graham.In the interview, Mr. Graham laughed off the idea that he had done anything wrong, saying he had called “Ratzenberger” simply to ask about auditing signatures.Around the same time, he made another call, to Governor Ducey in Arizona. His aim, Mr. Graham said, was not to overturn Mr. Biden’s narrow victory but to counter the “garbage” Mr. Trump was getting from his own legal team, according to an aide who was given a readout.In Mr. Graham’s mind, he had threaded the needle: He had professed loyalty and value to Mr. Trump while taking an unequivocal public stand, as Mr. Biden’s inauguration approached, opposing efforts to block certification of the election.Then came Jan. 6, and his presumed declaration of independence.Mr. Graham, in fact, began softening his tone almost immediately, following a tongue-lashing from the president and a confrontation, two days after the Capitol assault, with dozens of Trump supporters at Ronald Reagan Washington National Airport, chanting: “Traitor! Traitor!”Mr. Graham was escorted by security through a Washington airport in January while Trump supporters called him a traitor.Oreo Express/Via ReutersBy Jan. 13, when Mr. Trump was impeached on charges of inciting the riot, Mr. Graham was back on board, offering advice on how to quell a possible revolt by Republican senators. What followed, in the eyes of many Senate colleagues, was a frenzied overcorrection.Mr. Graham has become an ever-more-frequent face on Fox, denying the existence of systemic racism and decrying federal aid to Black farmers as “reparations.” He posted a video of himself firing an AR-15 bought as protection from marauding “gangs” and forcefully backed Ms. Cheney’s expulsion from House leadership. He has embraced the culture-war grandstanding that he and Mr. McCain mocked when they were a team — recently saying he would “go to war” against students at the University of Notre Dame for trying to block a Chick-fil-A on campus over the anti-L.G.B.T.-rights politics of its executives.Yet there are signs Mr. Graham may be playing an inside-outside game. He has placed himself at the center of a monthslong effort to draft bipartisan police-reform legislation and recently met with the Rev. Al Sharpton to hear him out on the bill. And when he tested positive for Covid-19 after being inoculated, he made a point of telling vaccine deniers in his own party to get their shots.During his near-weekly golfing trips to Mar-a-Lago, he said, he is still trying to persuade Mr. Trump to “take it down a notch.” He remains convinced he can get him to play by the rules, and not the other way around.Many of the people who have known him longest are not so sure.From his office in Walhalla, just up the road from Central, Mr. Graham’s old law partner, Mr. Brandt, has been thinking about something the senator told him during a visit eight or nine years ago.“Larry, you are too honest to survive in Washington,” Mr. Graham said. “Eighty-five percent of the people there would sell their mothers to keep their jobs.”Mr. Brandt ran into Mr. Graham at a local restaurant in 2017, as the senator was beginning to court Mr. Trump. Mr. Brandt took him to task, reminding him of their “85 percent” conversation. “I said, ‘Lindsey, don’t sell your mother,’” he recalled.Two years later, Mr. Graham called to say he was coming back to town, and could they have dinner? Mr. Brandt said he was eager to see him — and to give him an earful about his friendship with the president. Mr. Graham said sure, and promised to ring back.“I’m still waiting on that call,” Mr. Brandt said. More

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    The Nation Needs a Reality-Based G.O.P. Only the Kook Caucus Is Stepping Up.

    Brace yourself, America. Next year’s midterms have the potential to stock the Republican Party at all levels with rabble-rousers that make the Gingrich revolutionaries of 1994 and the Tea Partiers of 2010 look like RINO squishes.Call it the Kook Caucus.Elections tend to reflect the political zeitgeist. Some coalesce around a hot policy topic: health care, immigration, jobs, crime. Others are fueled by bigger, broader themes: reforming democracy, reining in Big Government, healing partisan divisions, reviving the American dream.But under Donald Trump, the Republican Party set aside policy and principles to become a cult of personality. The driving concern of today’s candidates, with precious few exceptions, is to stay in the good graces of their exiled but still dangerous and vindictive leader. This requires embracing the fiction that the election was stolen from Mr. Trump and that MAGA loyalists are duty-bound to fight to right this wrong.That lie has spread like a rash across the Republican base, with a big boost from the conservative media. Half to two-thirds of the party’s voters believe that Joe Biden’s win was illegitimate. Over half believe that election audits will “probably” or “definitely” reverse the outcome, according to a Morning Consult poll from mid-June. (Spoiler alert: They won’t.) And a poll from early June found that 29 percent of Republicans consider it at least somewhat likely that Mr. Trump will be reinstated as president this year. (Not. Gonna. Happen.)Republican leaders are expected, at minimum, to play along with this toxic rubbish. Those who don’t are courting electoral grief. Big Lie promoters are leaping into races at all levels — from state legislator to governor, state attorney general to the U.S. Senate — and making the 2020 fraud myth Topic A.“Of the nearly 700 Republicans who have filed initial paperwork with the Federal Election Commission to run next year for either the U.S. Senate or the House of Representatives, at least a third have embraced Trump’s false claims about his defeat,” according to The Washington Post. This includes 136 incumbents who voted against certifying the election results on Jan. 6.Incumbents, insurgents, swing districts, safe districts — there is no escape. “Election integrity” has become the magic catchphrase for Republicans looking to juice the MAGA faithful.It’s not just those who have clashed one-on-one with Mr. Trump being targeted, such as Representative Liz Cheney of Wyoming or Brad Raffensperger, Georgia’s secretary of state. (Though it bears noting that at least a half-dozen challengers are aiming to unseat Ms. Cheney for what they see as her betrayal of Mr. Trump.) Senator James Lankford, a solid Oklahoma conservative and Baptist minister, is being challenged by Jackson Lahmeyer, a Tulsa pastor outraged that, following the sacking of the Capitol, Mr. Lankford opted not to oppose the 2020 outcome.“I saw fear all over him on Jan. 6.,” Mr. Lahmeyer charged at the March event announcing his candidacy, at which he was joined by Michael Flynn, Mr. Trump’s disgraced national security adviser. “He caved in like an absolute coward, and that let me know he is not the man to represent our state in the fight our country is in right now.”More humiliating: Mr. Lahmeyer is being personally supported by the head of the Oklahoma Republican Party, John Bennett, who also regards Mr. Lankford as weak on 2020. A state party chairman working against one of his own incumbents, Mr. Lankford has noted, is an uncommon — and unsettling — development.The early tremors of this election trend are already being felt. Last month, a longtime Republican member of the Virginia House of Delegates was unseated in his primary by a political newbie who had worked on the failed Trump legal effort to overturn the election results in Wisconsin. The challenger, Wren Williams, slammed the incumbent for failing to fight the good fight.“He wasn’t doing anything — squat, diddly,” Mr. Williams told The Washington Post. “He wasn’t taking election integrity seriously. I’m sitting here fighting for election integrity in the courts, and he’s my elected representative who can legislate and he’s not.”Steve Bannon, the former Trump strategist and MAGA guru, has declared 2020 denialism a “litmus test” for Republican office seekers. “There will not be a Republican that wins a primary for 2022 — not one — that doesn’t take the pledge to get to the bottom of Nov. 3,” he predicted to NBC in May.Certainly, not all the Kook Caucus aspirants will triumph — especially in purplish districts where their baseless fraud talk may not play so well in the generals. But every advance they make is a loss, not only for their constituents but for the nation.Ominously, this election cycle is not about moving the Republican Party in a more conservative or more moderate direction or about reshaping its policy views. It is about packing the party with conspiracy theorists and liars and people itching to advance Mr. Trump’s belligerent, apocalyptic, reality-resistant brand of politics. Some three dozen QAnon-friendly Republican congressional candidates are in the mix, according to Media Matters’s latest count.Already, there are far too many Republican officials willing, either cynically or genuinely, to advance Mr. Trump’s Big Lie. An election that installs more of them up and down the ticket could easily turn the acute reality crisis of the past few months into a lingering condition.A healthy democracy requires a functional, stable, sane opposition party. Right now, the Republican bandwagon appears to be speeding in precisely the opposite direction.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Manafort Can't Be Prosecuted After Trump Pardon, New York Court Rules

    AdvertisementContinue reading the main storySupported byContinue reading the main storyManafort Can’t Be Prosecuted in New York After Trump Pardon, Court RulesThe Court of Appeals let stand a lower-court ruling that the Manhattan district attorney’s prosecution of Paul Manafort was barred by the double jeopardy rule.Mr. Manafort was serving a sentence of seven and a half years in federal prison after being convicted at a 2018 financial fraud trial.Credit…Jefferson Siegel for The New York TimesFeb. 8, 2021Updated 6:52 p.m. ETThe Manhattan district attorney’s attempt to prosecute former President Donald Trump’s 2016 campaign chairman was dealt a final blow when New York’s highest court said quietly last week it would not review lower court rulings on the case.The court’s decision brings to an end the district attorney’s quest to ensure that the campaign chairman, Paul J. Manafort, will face state charges for mortgage fraud and other state felonies, crimes similar to those for which he was convicted in federal court and then pardoned by Mr. Trump.When the district attorney, Cyrus R. Vance Jr., a Democrat, first brought charges against Mr. Manafort in March 2019, it was widely understood that he was doing so to make sure that Mr. Manafort would face prosecution even if Mr. Trump decided to pardon him.At the time, Mr. Manafort was serving a sentence of seven and a half years in a Pennsylvania federal prison after being convicted at a 2018 financial fraud trial by prosecutors working for the special counsel Robert S. Mueller III.In October, a New York appeals court found that Mr. Vance’s efforts to try Mr. Manafort violated the state’s double jeopardy law. Mr. Vance took the case to the Court of Appeals.Then, in December, Mr. Trump did pardon Mr. Manafort, 71, who had been released to home confinement in Northern Virginia, after his lawyers argued that he was at risk of contracting the coronavirus.A lawyer for Mr. Manafort, Todd Blanche, said that he had received the high court’s one-paragraph decision Monday and that he was happy with the ruling. “Mr. Manafort is similarly pleased with the result,” he said.A spokesman for Mr. Vance’s office declined to comment.The charges that Mr. Vance brought against Mr. Manafort were the result of an investigation, started in 2017, into loans the campaign chairman had received. Mr. Vance ultimately accused Mr. Manafort of having falsified business records in order to obtain the loans.At the time, Mr. Vance said that Mr. Manafort had not “been held accountable” for the charges at hand. But in a ruling in December 2019, a judge threw out the charges, finding that they violated the double jeopardy law, which says a defendant cannot be tried twice for the same offense.The judge, Justice Maxwell Wiley, said at the time that “the law of double jeopardy in New York State provides a very narrow window for prosecution.”Mr. Vance’s office has taken action against other associates of Mr. Trump whom the former president has pardoned in federal cases. Last week, The New York Times reported that Manhattan prosecutors had opened an investigation against Stephen K. Bannon, a former White House strategist who was pardoned by Mr. Trump during the president’s final hours in office.But the double jeopardy defense is unlikely to help Mr. Bannon in the same way it helped Mr. Manafort, because Mr. Bannon had not yet been tried, let alone convicted.“The basis for the prosecution being improper doesn’t in any way apply to Mr. Bannon as far as I can tell,” Mr. Blanche said.While the U.S. Constitution bars being tried twice for the same crime, the Supreme Court has long held that there is one exception: Federal and state prosecutions for the same conduct are allowed because the federal government and states are understood to be independent sovereigns. In 2019, the court affirmed that exception.That year, the state legislature in New York passed a measure that lawmakers argued was necessary in order to check Mr. Trump’s pardon power and to ensure that his associates were not permitted to escape justice. The law, signed by Gov. Andrew M. Cuomo in October 2019, allows state prosecutors to pursue charges against individuals who have been granted presidential pardons for similar crimes.State Senator Todd Kaminsky, a Democrat and former federal prosecutor who sponsored the bill, said that the Manafort case drove home the need for the legislation.“It really underscored why we had to take legislative action that we did so that states can pursue their own path even if there is a federal pardon,” he said. The law would make it easier for state prosecutors to pursue those on Mr. Trump’s pardon list.The law passed too late to apply to Mr. Manafort’s case. The result, Mr. Kaminsky said, was that Mr. Vance’s office had to contort itself to try to show that the acts that Mr. Manafort had been charged with in federal court were not the same as those they were pursuing. It is possible, though unlikely, that Mr. Manafort may still face federal charges. Last month, Andrew Weissmann, a former prosecutor from the special counsel’s office, argued that the wording of Mr. Trump’s pardons had been “oddly” drafted. Rather than relieving those who had been pardoned from all potential liability for their actions, Mr. Weissmann argued, the language only narrowly covered their convictions. In Mr. Manafort’s case, that might leave the door open to new charges, including on crimes that Mr. Manafort admitted he was guilty of as part of a plea deal. Those include 10 counts of financial crimes, as well as other offenses.William K. Rashbaum contributed reporting.AdvertisementContinue reading the main story More