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    Project Veritas Tells Judge It Was Assured Biden Diary Was Legally Obtained

    But a search warrant in the case suggests the Justice Department believes the diary kept by the president’s daughter Ashley Biden was stolen.Project Veritas, the conservative group under scrutiny in a Justice Department investigation of how a diary kept by President Biden’s daughter Ashley Biden was published days before the 2020 election, has told a federal judge that it received a diary from two people who said they had legally obtained it after she had abandoned it.“Project Veritas had no involvement with how those two individuals acquired the diary,” lawyers for the group said in a letter dated Wednesday to a federal judge in New York. The group’s lawyers were asking U.S. District Judge Analisa Torres for a so-called special master to determine what materials seized by federal investigators could be used as evidence in their investigation.Using initials for the individuals who the lawyers said approached the group with the diary, the lawyers said the group’s “knowledge about how R.K. and A.H. came to possess the diary came from R.K. and A.H. themselves.”In contrast with Project Veritas’s description in the letter of how the diary was obtained, a warrant used by federal authorities to search the home of the group’s founder, James O’Keefe, last Saturday indicated that federal authorities believed the property was stolen.The proceedings in the case have been sealed, but a producer for Fox News provided The New York Times with a copy of the letter written by the Project Veritas lawyers and its attachments, including a copy of the search warrant. The producer was seeking comment from The Times about allegations in the letter that the Justice Department had leaked news of the searches to the Times.Judge Torres ruled on Thursday that the government should refrain from examining the materials it obtained in the search, including from Mr. O’Keefe’s cellphones, until she decides whether to appoint a special master, according to a ruling from the judge posted on Twitter by a Project Veritas lawyer. The judge set a schedule for the government and Project Veritas to provide her with more information in the coming days, and indicated that she is unlikely to rule for at least a week.The F.B.I. executed search warrants last week at the homes of Mr. O’Keefe and two former employees for the group.Project Veritas never ended up publishing Ms. Biden’s diary. It was made public less than two weeks before the 2020 election by a right-wing website that posted several photographs of diary pages it claimed were written by Ms. Biden. The website said it had obtained the diary from a “whistle-blower” who worked for a media organization that had decided not to publish a story on the topic. The search warrant provided some sense of the specific questions the government is seeking to answer in its investigation related to Project Veritas, which has previously said it purchased the diary.According to the search warrant — which described Ms. Biden’s property as “stolen” — the government said it was looking for any evidence Mr. O’Keefe had about how Ms. Biden’s property was obtained and whether Ms. Biden was surveilled before the property was taken.The government also said it was seeking any communications that the group prepared to send to Ms. Biden, Mr. Biden and others about her property.The government said in the search warrant that among the crimes it was investigating were conspiracy to transport stolen property across state lines, conspiracy to possess stolen goods and transporting stolen property across state lines.Project Veritas has sought to portray itself as a news media organization that made a journalistic decision not to publish the diary, suggesting it is being targeted by the Biden Justice Department and that federal investigators disclosed the existence of the searches to a reporter for The Times.“This leaked information likely was intended to preemptively deflect criticism that the D.O.J. was being used to target a news organization viewed by some as critical of the Biden administration over the matter of President Biden’s daughter’s diary,” the Project Veritas lawyers said in their letter.They added: “Members of the news media like Mr. O’Keefe and Project Veritas depend on an atmosphere of confidence and trust. If the government may, pursuant to a search warrant, fully examine a reporter’s electronic devices — which include information and communications with government critics, watchdogs and whistle-blowers — then the truth-seeking function of the press will wither.”Susan C. Beachy More

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    Murkowski Announces Re-election Bid, Setting Up Clash With Trump

    Of the seven Republicans who found former President Donald J. Trump guilty in his second impeachment trial, the Alaska senator is the only one facing re-election this year.WASHINGTON — Senator Lisa Murkowski, Republican of Alaska, announced on Friday that she would seek re-election, formally entering what is expected to be the most expensive and challenging race of her political career after voting to impeach former President Donald J. Trump.Of the seven Republicans who found Mr. Trump guilty of incitement of an insurrection after the Jan. 6 Capitol riot, Ms. Murkowski is the only one facing re-election in the 2022 midterms. A moderate who has never won a majority of the general election vote in her Republican-leaning state, she is seen as the G.O.P.’s most vulnerable Senate incumbent at a time when there is little tolerance among the party’s core supporters for criticism of the former president or cooperation with President Biden.The race sets up a proxy battle between Mr. Trump, who has endorsed a Republican challenger, and Senator Mitch McConnell of Kentucky and other Republican leaders, who are backing Ms. Murkowski in her bid for a fourth full term.In a campaign video announcing her re-election bid, Ms. Murkowski made no mention of Mr. Trump, instead highlighting her work on behalf of the state and offering a pointed warning that “lower-48 outsiders are going to try to grab Alaska’s Senate seat for their partisan agendas.”“I’m running for re-election to continue the important work of growing our economy, strengthening our Alaska-based military and protecting our people and the natural beauty of our state,” Ms. Murkowski, a third-generation Alaskan, said. “I will work with anyone from either party to advance Alaska’s priorities.”Ms. Murkowski, first appointed to the Senate in 2002 by her father after he became governor and resigned from the seat, is the second-most-senior Republican woman, after Senator Susan Collins of Maine, who won her own costly re-election bid last year. Ms. Murkowski has established herself as a crucial swing vote with strong relationships in both political parties, most recently helping negotiate the $1 trillion bipartisan infrastructure bill that Mr. Biden is expected to sign into law next week.It is unclear, however, whether Ms. Murkowski’s record of directing aid and support to her state will be enough to overcome the grip of the former president on her party. Alaska’s Republican Party censured her in March for voting to convict Mr. Trump. The former president endorsed a primary challenger, Kelly Tshibaka, the former commissioner of the Alaska Department of Administration, who has promoted false theories of voter fraud in the 2020 election and hired a number of former Trump campaign staffers.“Lisa Murkowski is bad for Alaska,” Mr. Trump said in a June statement, after Ms. Murkowski voted to confirm Deb Haaland as Interior secretary. “Murkowski has got to go!”The National Republican Senatorial Committee, the campaign arm for Senate Republicans, has backed Ms. Murkowski, who also has support of her party leadership. Ms. Murkowski has a long record of bucking her party, having helped to shut down the effort to repeal the Affordable Care Act, opposed the confirmation of Justice Brett Kavanaugh to the Supreme Court and voted for a number of Mr. Biden’s nominees during the first year of his administration.“We support all of our incumbents, and fortunately for us, we’ve got great candidates running in our primaries,” said Senator Rick Scott of Florida, the chairman of the organization, on NBC’s “Meet the Press” on Sunday. But in the same interview, he acknowledged “you’d be foolish not to want and accept Donald Trump’s endorsement.”In 2010, Ms. Murkowski lost a primary race to Joe Miller, a Tea Party candidate, but mounted a successful write-in campaign, becoming the first write-in candidate in more than 50 years to win an election. In January, she told reporters that she would not switch parties, even as she questioned whether she belonged in a Republican Party that was influenced so heavily by Mr. Trump.“As kind of disjointed as things may be on the Republican side, there is no way you could talk to me into going over to the other side,” Ms. Murkowski said at the time. “That’s not who I am; that’s not who I will ever be.”Under a new election system approved a year ago, Ms. Murkowski will first compete in an open primary where the top four candidates will then advance to a ranked-choice general election. More

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    Why Democrats May Have a Long Wait if They Lose Their Grip on Washington

    Voters’ reflexive instinct to check the party in power makes it hard for any party to retain a hold on both the White House and Congress for long.Usually, it’s the party out of power that frets about whether it will ever win again. This time, it’s the party in control of government that’s staring into the political wilderness.Democrats now have a Washington trifecta — command of the White House and both chambers of Congress. If the results of last week’s elections in Virginia and elsewhere are any indication, they may not retain it after next November’s midterm elections. And a decade or longer may pass before they win a trifecta again.The unusual structure of American government, combined with the electorate’s reflexive instinct to check the party in power, makes it hard for any party to retain a hold on both the White House and Congress for long.Since World War II, political parties have waited an average of 14 years to regain full control of government after losing it. Only one president — Harry Truman — has lost Congress and retaken it later. In every other case, the president’s party regained a trifecta only after losing the White House.It would be foolish to predict the next decade of election results. Still, today’s Democrats will have a hard time defying this long history. Not only do the Democrats have especially slim majorities, but they face a series of structural disadvantages in the House and the Senate that make it difficult to translate popular vote majorities into governing majorities.The specter of divided government is a bitter one for Democrats.The party has won the national popular vote in seven of the last eight presidential elections but has nonetheless struggled to amass enough power to enact its agenda. That has added to the high stakes in the ongoing negotiations over the large Democratic spending package, which increasingly looks like a last chance for progressives to push an ambitious agenda.And it has helped spur the kind of acrimonious internal Democratic debate over the party’s message and strategy that would usually follow an electoral defeat, with moderates and progressives clashing over whether the party’s highly educated activist base needs to take a back seat for the party to cling to its majority. The strong Republican showing in Virginia and New Jersey last week has prompted yet another round of recriminations.But with such a long history of the president’s party struggling to hold on to power, one wonders whether any policy, tactic or message might help Democrats escape divided government.Some Democrats worry that they could be reduced to just 43 Senate seats by the end of the 2024 election.Stefani Reynolds for The New York TimesThe political winds seem to blow against the president’s party almost as soon as a new party seizes the White House. For decades, political scientists have observed a so-called thermostatic backlash in public opinion, in which voters instinctively move to turn down the temperature when government runs too hot in either party’s favor. The pattern dates back as long as survey research and helps explain why the election of Barack Obama led to the Tea Party, or how Donald Trump’s election led to record support for immigration.The president’s party faces additional burdens at the ballot box. A sliver of voters prefers gridlock and divided government and votes for a check and balance against the president. And the party out of power tends to enjoy a turnout advantage, whether because the president’s opponents are resolved to stop his agenda or because of complacency by the president’s supporters..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 .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}While Democrats can still hope to avoid losing control of Congress in 2022, Mr. Biden’s sagging approval ratings make it seem increasingly unlikely that they will. Historically, only presidents with strong approval ratings have managed to avoid the midterm curse. And with Democrats holding only the most tenuous majorities in the House and the Senate, any losses at all would be enough to break the trifecta.If the Democrats are going to get a trifecta again, 2024 would seem to be their best chance. The president’s party usually bounces back when the president seeks re-election, perhaps because presidential elections offer a clear choice between two sides, not merely a referendum on the party in power. And in the House, a Democratic rebound in 2024 is very easy to imagine, even if far from assured.Takeaways From the 2021 ElectionsCard 1 of 5A G.O.P. pathway in Virginia. More

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    How Likely Is a Democratic Comeback Next Year?

    The election results from last week reconfirmed a basic reality about American politics: For either party, holding the White House comes with significant power, but in off-year elections, it is often a burden.Democrats hoped that this year would be an exception. By trying to focus the electorate on Donald Trump, they sought to rouse the Democratic base. This approach would also avoid making elections a referendum on President Biden and his approval ratings, which have sagged after months of struggles with the Afghanistan exit, Covid, gas prices, inflation and congressional Democrats.In other words, Democrats hoped that the usual rules of political gravity would not apply. But we should not be surprised that the familiar force endured.Republicans performed well in races across the country — most notably in the governors’ races in Virginia and New Jersey, states that Mr. Biden won by double digits in 2020. Vote counts are still being finalized, but it appears they shifted almost identically toward the Republicans compared with 2017, the last time those governorships were on the ballot — margins of about 11 points. Virginia provides a striking example of how often the presidential party does poorly — the White House party candidate has now lost the gubernatorial race in 11 of the past 12 elections.Unfortunately for Democrats, political gravity is also likely to act against them in 2022 — and they face real limits on what they can do about it.There were signs of Democratic decline in all sorts of different places. The suburban-exurban Loudoun County in Northern Virginia is an example. Terry McAuliffe carried it, but his Republican rival in the governor’s race, Glenn Youngkin, campaigned aggressively there on education issues and basically cut the margin compared with 2017 in half. Places like Loudoun are where Democrats made advancements in the Trump years. To have any hope of holding the House next year, the party will have to perform well in such areas.Turnout in terms of raw votes cast compared with the 2017 gubernatorial race was up all over Virginia, but some of the places where turnout growth was smallest included Democratic urban areas and college towns.But Republicans had no such trouble: Their turnout was excellent. In New Jersey, the county that saw the biggest growth in total votes compared with 2017 was Ocean, an exurb on the Jersey Shore, which Gov. Phil Murphy’s Republican challenger, Jack Ciattarelli, won by over 35 points.Democrats have also struggled in rural areas, and the results last week suggest that they have not hit bottom there yet. In the Ninth Congressional District in rural southwestern Virginia, Mr. Youngkin performed even better than Mr. Trump did in 2020.This combination — even deeper losses in rural areas paired with fallout in more populous areas — would be catastrophic for Democrats, particularly in the competitive Midwest, where Mr. Biden in 2020 helped arrest Democratic decline in many white, rural areas but where it is not hard to imagine Democratic performance continuing to slide.Like this year, the fundamentals for the 2022 midterms are not in the Democrats’ favor. Midterms often act as an agent of change in the House. The president’s party has lost ground in the House in 37 of the 40 midterms since the Civil War, with an average seat loss of 33 (since World War II, the average is a smaller, though still substantial, 27). Since 1900, the House has flipped party control 11 times, and nine of those changes have come in midterm election years, including the last five (1954, 1994, 2006, 2010 and 2018). Given that Republicans need to pick up only five seats next year, they are very well positioned to win the chamber.It is not entirely unheard-of for the presidential party to net House seats in the midterms. It happened in 1998 and 2002, though those come with significant caveats. In ’98, President Bill Clinton had strong approval in spite of (or perhaps aided by) his impeachment battle with Republicans and presided over a strong economy; Democrats had also had lost a lot of ground in the 1994 midterm (and made only a dent in that new Republican majority in 1996). They gained a modest four seats.In 2002, Republicans were defending a slim majority, but they benefited from President George W. Bush’s sky-high approval rating following the Sept. 11 attacks and decennial reapportionment and redistricting, which contributed to their eight-seat net gain.So against this political gravity, is there anything Democrats can do? The passage of the bipartisan infrastructure bill as well as the possible passage of the party’s Build Back Better social spending package could help, though there is likely not a significant direct reward — new laws aren’t a magic bullet in campaigning. But a year from now, Democrats could be coming into the election under strong economic conditions and no longer mired in a high-profile intraparty stalemate (the McAuliffe campaign pointed to Democratic infighting as a drag).Factors like gas prices and the trajectory of Covid may be largely beyond the Democrats’ influence, but it is entirely possible that the country’s mood will brighten by November 2022 — and that could bolster Mr. Biden’s approval rating.When parties have bucked the midterm history, they’ve sometimes had an unusually good development emerge in their favor. If there is any lesson from last week’s results, it is that the circumstances were ordinary, not extraordinary. If they remain so, the Democratic outlook for next year — as it so often is for the presidential party in a midterm election — could be bleak.Kyle Kondik is the managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics and the author of “The Long Red Thread: How Democratic Dominance Gave Way to Republican Advantage in U.S. House Elections.”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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    Swift Ruling in Jan. 6 Case Tests Trump's Tactic of Delay

    The former president has leveraged the slow judicial process in the past to thwart congressional oversight, but the Jan. 6 case may be different.WASHINGTON — On the surface, a judge’s ruling on Tuesday night that Congress can obtain Trump White House files related to the Jan. 6 riot seemed to echo another high-profile ruling in November 2019. In the earlier matter, a judge said a former White House counsel must testify about then-President Donald J. Trump’s efforts to obstruct the Russia investigation.In both cases, Democratic-controlled House oversight committees issued subpoenas, Mr. Trump sought to stonewall those efforts by invoking constitutional secrecy powers, and Obama-appointed Federal District Court judges — to liberal cheers — ruled against him. Each ruling even made the same catchy declaration: “presidents are not kings.”But there was a big difference: The White House counsel case two years ago had chewed up three and a half months by the time Judge Ketanji Brown Jackson issued a 120-page opinion to end its first stage. Just 23 days elapsed between Mr. Trump’s filing of the Jan. 6 papers lawsuit and Judge Tanya Chutkan’s ruling against him.The case, which raises novel issues about the scope of executive privilege when asserted by a former president, is not over: Mr. Trump is asking an appeals court to overturn Judge Chutkan’s ruling and, in the interim, to block the National Archives from giving Congress the first set of files on Friday. The litigation appears destined to reach the Supreme Court, which Mr. Trump reshaped with three appointments.But if the rapid pace set by Judge Chutkan continues, it would mark a significant change from how lawsuits over congressional subpoenas went during the Trump era.The slow pace of such litigation worked to the clear advantage of Mr. Trump, who vowed to defy “all” congressional oversight subpoenas after Democrats took the House in the 2018 midterm. He frequently lost in court, but only after delays that ran out the clock on any chance that such efforts would uncover information before the 2020 election.So alongside the substantive issues about executive privilege, one key question now is whether Mr. Trump can again tie the matter up in the courts long enough that even a Supreme Court ruling against him would come too late for the special committee in the House that is seeking the Trump White House documents for its investigation into the Jan. 6 riot.Specifically, the Jan. 6 committee has demanded detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.The chairman of the committee, Representative Bennie Thompson, Democrat of Mississippi, has said he wants to wrap up by “early spring.” In that case, the committee would need access to the files it has subpoenaed by late winter for that information to be part of any report.Legally, the committee could continue working through the rest of 2022. If Republicans retake the House in the midterm election, the inquiry would very likely end.What happens next in the Jan. 6 White House files case may turn on the inclinations of whichever three judges from the U.S. Court of Appeals for the District of Columbia Circuit are randomly assigned to the panel that will hear Mr. Trump’s appeal.Of the court’s 11 full-time judges, seven are Democratic appointees — including Judge Jackson, whom Mr. Biden elevated earlier this year — and four are Republican appointees, including three named by Mr. Trump. The circuit also has five “senior status” judges who are semiretired but sometimes get assigned to panels; four of those five are Republican appointees.If the D.C. Circuit declines, as Judge Chutkan did, to issue a preliminary injunction, Mr. Trump will presumably immediately appeal to the Supreme Court via its so-called shadow docket, by which the justices can swiftly decide emergency matters without full briefs and arguments.If a stay is granted at either level, the question would shift to whether the D.C. Circuit panel echoes Judge Chutkan’s decision to move quickly in light of the circumstances, or throttles back to the slower pace it tended to follow on such cases when Mr. Trump was president.Notably, in another Trump-era case, involving access to financial papers held by his accounting firm, Mazars USA, the Federal District Court judge assigned to that matter, Amit Mehta, was sensitive to the timing implications and took less than a month after the case was filed in April 2019 to hand down his opinion that Congress could get the records.But a D.C. Circuit panel took about five more months before reaching that same result — a nominal win for Congress — in October 2019. Mr. Trump then appealed to the Supreme Court, which waited until July 2020 to send the case back down to Judge Mehta to start the litigation over again using different standards.Separately, House Democrats have introduced legislation in response to the Trump presidency that would, among many other things, speed up lawsuits to enforce congressional subpoenas for executive branch information. Two people familiar with the matter said House Democratic leaders have indicated they plan to hold a floor vote on that bill before the end of 2021, though no date has been set; its prospects in the Senate are unclear.A related important difference in secrecy disputes between the Trump era and the Jan. 6 White House papers case is that when Mr. Trump was president, his administration controlled the executive branch files Congress wanted to see.Today, President Biden has refused to join Mr. Trump in invoking executive privilege, instead instructing the National Archives to give Congress the files unless a court orders otherwise. As a result, when it comes to government files, the default has flipped from secrecy to disclosure.During the phase of the lawsuit before Judge Chutkan, she signaled that she was averse to judicial delay. During arguments last week, she rejected a suggestion by a lawyer for Mr. Trump that she examine each document before deciding whether executive privilege applied.Representative Bennie Thompson, the chairman of the Jan. 6 committee, has said he wants the investigation to wrap up by “early spring.”Al Drago for The New York Times“I don’t see any language in the statute or any case that convinces me that where a previous president disagrees with the incumbent’s assertion of privilege, that the court is required to get involved and do a document-by-document review,” she said, adding:“Wouldn’t that always mean that the process of turning over these records, where the incumbent has no objection, would slow to a snail’s pace? And wouldn’t that be an intrusion by this branch into the executive and legislative branch functions?”Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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    Ruth Ann Minner, Down-to-Earth Governor of Delaware, Dies at 86

    The first woman in that position, she rose from being a receptionist in the governor’s office to claiming the top job herself.Ruth Ann Minner, who was raised by a sharecropper and dropped out of high school but went on to become the first and only woman to serve as governor of Delaware, died on Thursday at the Delaware Hospice Center in Milford. She was 86. The cause was complications of a fall, said Lisa Peel, one of her granddaughters.One of the last public events she attended was President-elect Joseph R. Biden Jr.’s victory celebration in Wilmington in November 2020. He called out her name from the stage before he began his speech, and he had been in touch with the family in recent days.Ms. Minner, a middle-of-the-road Democrat who was conservative on fiscal matters and progressive on social issues, served as governor from 2001 to 2009. A strong promoter of health care and a clean environment, she made headlines in 2002 for successfully pushing through one of the nation’s first smoking bans in public places, despite fierce opposition from many in Delaware’s powerful business community.She also successfully pushed for several education initiatives, including the first scholarship program in the nation to offer free college access to students who kept up their grades and stayed out of trouble. She implemented full-day kindergarten as well.Her other signal achievement was preserving and protecting the state’s open spaces, particularly its farmland and forests.Known for her no-nonsense approach and lack of pretense, Ms. Minner, who grew up during the Depression in a rural coastal area on the Delaware Bay, brought a down-to-earth style to the state capitol in Dover, where a political columnist called her the “Aunt Bee” of state government, a reference to the family matriarch on “The Andy Griffith Show.”“She was a leader who had a real common touch,” Gov. John Carney, who served as her lieutenant governor, said in a statement. Having grown up poor, he added, “she brought that perspective to her job every day, and she never lost her attachment to those roots.”Breaking the gender barrier when she was elected governor was not important to her, Ms. Minner told The Associated Press in 2000.“I’ve found out since the election, though, that it does matter to a lot of women,” she added. “It matters to a lot of young girls.”Ms. Minner in 2004 with John Carney, her lieutenant governor, after narrowly winning a second term.Pat Crowe II/Associated PressRuth Ann Coverdale was born on Jan. 17, 1935, in Milford, Del., the youngest of five children, and was raised in nearby Slaughter Neck. Her father, Samuel Coverdale, was a sharecropper, and her mother, Mary Ann (Lewis) Coverdale, was a homemaker.She left high school at 16 to work on the family farm. At 17 she married Frank R. Ingram, her junior high school sweetheart. The couple had three sons.Mr. Ingram died of a heart attack at 34 in 1967. In 1969 she married Roger Minner, with whom she operated a car-towing business. He died of cancer in 1991.She is survived by two sons, Frank Ingram Jr. and Wayne Ingram; seven grandchildren; and 11 great-grandchildren. Her son Gary L. Ingram died in 2016.Having dropped out of high school, Ms. Minner was determined to make something of herself — and to show her sons that dropping out was not OK.She started by earning her high school equivalency diploma while working as a statistician with the Maryland Crop Reporting Service. She briefly attended Delaware Technical and Community College before landing a job as a clerk in the Delaware House of Representatives, where, she told The New York Times in 2001, she was able to study the ins and outs of statehouse politicking.She transferred to an office job with Sherman W. Tribbitt, a state representative. When he was elected governor in 1972, he brought her along as his receptionist. And then she ran for office herself.“I never had any intention of getting deeply involved in politics,” Ms. Minner told The Times. “But it finally got down to proving some things to myself.”She was elected to the State House in 1974. After eight years there and nearly a decade in the State Senate, she ran for lieutenant governor in 1992, with Thomas R. Carper at the top of the ticket. They won. In 2000, after two terms as governor, Mr. Carper was elected to the U.S. Senate and Ms. Minner was elected governor, winning 60 percent of the vote.By then, “she had become comfortable with being the only woman in the room,” Dr. Peel, her granddaughter, said in an interview. And Ms. Minner was one to stick to her guns, she said, to the point of being stubborn. When she made up her mind, there was no arguing with her.She faced a tough re-election fight four years later; after difficult battles with the legislature and scandals involving the state police and prison system, she squeaked into her second term with 51 percent of the vote.As Ms. Minner prepared to leave the governor’s office in 2009, Mr. Biden, who had just been elected vice president, participated in a tribute to her, at which he recalled her bruising fight to enact the ban on smoking in public places.“When we were watching your poll numbers falling precipitously, you did not budge,” he told her. “You were willing to risk your political life to get it done.”He added: “In this business of politics, the most important question is, what are you willing to lose over? If you can’t answer that question, then it’s all about ego and power and not about principle.” More

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    Judge Rejects Trump’s Bid to Keep Papers Secret in Jan. 6 Inquiry

    But a Trump lawyer has signaled an intent to appeal the ruling, which raises novel issues about an ex-president’s executive privilege powers.WASHINGTON — A federal judge on Tuesday night rejected a bid by former President Donald J. Trump to keep secret papers about his actions and conversations leading up to and during the Jan. 6 attack on the Capitol by his supporters.In a 39-page ruling, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia held that Congress’s constitutional oversight powers to obtain the information prevailed over Mr. Trump’s residual secrecy powers — especially because the incumbent, President Biden, agreed that lawmakers investigating the Jan. 6 riot should see the files.Mr. Trump “does not acknowledge the deference owed to the incumbent president’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity,’” Judge Chutkan wrote. “But presidents are not kings, and plaintiff is not president.”Mr. Trump retained the right to assert that his records were privileged, she added, but Mr. Biden was not obliged to honor that assertion. The incumbent president, she said, is better situated to protect executive branch interests, and Mr. Trump “no longer remains subject to political checks against potential abuse of that power.”The ruling does not necessarily mean that the National Archives will turn over the materials to the House committee investigating Jan. 6 any time soon. The case raises novel issues about the scope and limits of a former president’s executive privilege authority, and it is likely that it will ultimately be resolved by the Supreme Court.In a posting on Twitter, Taylor Budowich, a spokesman for Mr. Trump, said the case was destined to be appealed. He said Mr. Trump was committed to defending the right of past presidents — as well as present and future ones — to assert executive privilege and “will be seeing this process through.”The Jan. 6 committee has demanded that the National Archives and Records Administration turn over detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.Mr. Trump — who pursued a strategy of stonewalling all congressional oversight subpoenas while in office, running out the clock on such efforts before the 2020 election — has instructed his former subordinates to defy subpoenas from the Jan. 6 committee and filed a lawsuit seeking to block the National Archives from turning over files from his White House.Last week, Judge Chutkan, a 2014 Obama appointee, had signaled skepticism about Mr. Trump’s legal arguments. Mr. Trump’s lawyer asserted that his residual executive privilege powers meant the courts should block Congress from subpoenaing the files, notwithstanding Mr. Biden’s decision not to assert executive privilege over them in light of the circumstances.Mr. Trump’s lawyer had argued that the public interest would be served by letting Mr. Trump keep the documents secret to preserve executive branch prerogatives. But Judge Chutkan wrote that his arguments did not “hold water” in light of Mr. Biden’s support for making them public and Congress’s need to investigate the attack without undue delays.Congress and the Biden administration, she noted, “contend that discovering and coming to terms with the causes underlying the Jan. 6 attack is a matter of unsurpassed public importance because such information relates to our core democratic institutions and the public’s confidence in them. The court agrees.”Earlier this week, Mr. Trump’s lawyer, Jesse R. Binnall, demonstrated an intent to keep going by asking Judge Chutkan to impose an emergency injunction on the National Archives barring it from turning over the records while he appealed the matter to the U.S. Court of Appeals for the District of Columbia Circuit.Understand the Supreme Court’s Momentous TermCard 1 of 5The Texas abortion law. More

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    Is a Red Wave Coming for Biden’s Presidency?

    This article is part of the Debatable newsletter. You can sign up here to receive it on Tuesdays and Thursdays.The Republican Party, you may have heard by now, has a lot of news to celebrate after last week’s elections. In Virginia, a state that President Biden won by 10 points last year, it took back the governor’s mansion, a feat it hadn’t managed in over a decade. Republicans also came within striking distance of doing the same in New Jersey, a more deeply blue state that Biden won by about 16 points. And in New York, Democrats lost ground in local races too.Needless to say, tonight’s results are consistent w/ a political environment in which Republicans would comfortably take back both the House and Senate in 2022.— Dave Wasserman (@Redistrict) November 3, 2021
    What does the G.O.P.’s rebound tell us about how the electorate is changing, and what does it portend for the country’s political future in 2022 and beyond?The thermostat strikes backIn 1995, the political scientist Christopher Wlezien developed a theory known as the thermostatic model of American politics: The idea, as Vox’s Zack Beauchamp explains, is “to think of the electorate as a person adjusting their thermostat: When the political environment gets ‘too hot’ for their liking, they turn the thermostat down. When it gets ‘too cold,’ they turn it back up.”In practice, the thermostatic nature of public opinion means that the president’s party tends to struggle in off-year elections. Such swings have been observed for decades:The effect occurs for two reasons, The Washington Post’s Perry Bacon Jr. explains. “First, there is often a turnout gap that favors the party that doesn’t control the White House,” he writes. “Off-year elections have much lower turnout than presidential ones, but typically more people from the party that doesn’t control the presidency are motivated to vote in opposition to whatever the incumbent president is doing.” A turnout gap was certainly in evidence last week.The second reason for thermostatic backlash is that some voters switch from the president’s party, which also appears to have happened last week: Exit polls suggested that 5 percent of 2020 Biden voters backed Glenn Youngkin, the Republican candidate, while just 2 percent of those who voted for Donald Trump in 2020 supported Terry McAuliffe, the Democrat. “That only accounts for a few points,” Bacon notes, but given that Youngkin won by less than two percentage points, “those small shifts matter.”[“How shocking were New Jersey and Virginia, really?”]So why are voters cooling toward the Democrats?As Democrats make sense of their losses, “one fact stands out as one of the easiest explanations,” The Times’s Nate Cohn wrote. “Joe Biden has lower approval ratings at this stage of his presidency than nearly any president in the era of modern polling.”Why?Some argue that Biden is performing poorly because he has tacked too far left on policy. Representative Abigail Spanberger, a Virginia Democrat, told The Times: “Nobody elected him to be F.D.R., they elected him to be normal and stop the chaos.”Others blame a more general political-cultural gestalt: “wokeness.” “Wokeness Derailed the Democrats,” the Times columnist Maureen Dowd wrote last weekend. This line of argumentation has drawn criticism for being deliberately, even insidiously vague. But when it comes to last week’s elections, much of the “wokeness” debate, on both sides of the aisle, has revolved around the so-called critical race theory controversy in K-12 schools, which this newsletter explored at length in July.There are strong counterarguments to both of these explanations. As Beauchamp writes, while Youngkin did at one point vow to ban what has disingenuously been called critical race theory in public schools, his campaign wasn’t nearly as focused on the issue as some pundits made it out to be. Nor does the “critical race theory” controversy explain the election results in New Jersey, where there was a similar backlash against Democrats despite the race’s not being “particularly culture-war focused.”The Times columnist Michelle Goldberg argues that the real reason education was such an incendiary issue this election cycle “likely had less to do with critical race theory than with parent fury over the drawn-out nightmare of online school.” Zachary D. Carter agrees: “A lot of suburban parents lost faith in Virginia’s public schools over the past year, and as a result, they’re more open to conservative narratives about problems in public schools.”As for the idea that the Democrats’ underperformance owes to Biden’s leftward shift on policy, one could just as easily — if not more easily — take the opposite reading of events: During his campaign, Biden openly aspired to a presidency that would rival or even eclipse that of F.D.R.; in office, however, his legislative agenda, which remains broadly popular, has been stripped down and delayed by his own party. Couldn’t disappointment, not backlash, be to blame for his party’s low turnout?Some say that last week’s electoral shifts have even more general causes. Put simply, Americans are in a gloomy mood. A chief reason appears to be the pandemic, which has disrupted everyday life and the economy for longer than many expected.In the words of The Atlantic’s Derek Thompson, Democrats are losing the “vibe wars”: “Despite many positive economic trends, Americans are feeling rotten about the state of things — and, understandably, they’re blaming the party in power.”3 trends worth watchingRepublicans can succeed — and are perhaps even stronger — without Trump. As the G.O.P. pollster Kristen Soltis Anderson notes, Youngkin was able to enjoy the advantages of Trump — who over the past five years turned many formerly disengaged voters into habitual Republican voters — without incurring any of his liabilities. He did so mainly by neither embracing nor disavowing the former president.“In the current political environment, the Trump coalition seems primed to turn out and stick it to the Democrats even if Trump isn’t on the ballot himself,” she writes. And that means that “trying to use the fear of Trump to hold on to swing voters doesn’t seem as viable a strategy for Democrats.”Democrats’ problem with white non-college-educated voters is getting worse. For decades now, left-wing parties around the world have been losing support among their traditional working-class base. The Democratic Party has also suffered from this phenomenon, as the white electorate has become less polarized by income and more polarized by educational attainment.That trend appeared to assert itself in Virginia’s election last week, according to FiveThirtyEight, as the divide between white voters with and without a college degree grew.It’s not just white voters. In recent years, Democrats have also lost ground among Latino voters and, to a smaller extent, Black and Asian American voters, with the sharpest drops among those who did not attend college.The writer and researcher Matthew Thomas argues that there are signs that the racial depolarization of the electorate may be accelerating: In New York’s mayoral election last week, he notes, Queens precincts that are more than 75 percent Asian swung 14 points toward Republicans from four years ago, while Queens precincts that are over 75 percent Hispanic swung 30 points toward Republicans.“There’s no easy solution to the decades-long demobilization of working-class voters,” he writes. “But the left can’t afford to chalk up all of our defeats to whitelash alone. This country is in the midst of a profound realignment along axes of culture and education that are about to make race and class seem like yesterday’s news.”[“Why Americans Don’t Vote Their Class Anymore”]So are Democrats — and free and fair elections — doomed?As Bacon notes, the results from last week suggest that the Republican Party will suffer few electoral consequences in 2022 for its recent anti-democratic turn. “In normal circumstances, I’d see that as a bad thing, since my policy views are closer to the Democrats,” he writes. “But in our current abnormal circumstance, with U.S. democracy on the precipice because of the extremism of the current G.O.P., everyone needs to understand that normal could well be catastrophic.”How should Democrats respond?Some argue that they should tack to the center: “Congress should focus on what is possible, not what would be possible if Joe Manchin, Kyrsten Sinema and — frankly — a host of lesser-known Democratic moderates who haven’t had to vote on policies they might oppose were not in office,” the Times editorial board writes.Samuel Moyn, a professor of history and law at Yale, thinks that’s precisely the wrong approach given the popularity of progressive economic policies: “Even if progressives were to secure a welfare package and retain influence in their party, Trump — or an even more popular Republican — could still win the presidency. But this outcome is a near certainty if the Democrats return to centrist form — as seems the likeliest outcome now.”In the end, as Moyn suggests, policy may not have the power to save Democrats from defeat. As The Times’s David Leonhardt noted last week, some political scientists believe that Democrats overweight the electoral importance of policy and don’t talk enough about values.And the values Biden ran on were, in effect, a liberal answer to Trump’s “Make America Great Again” creed, a promise to restore “the soul of America” to its former self. “Joe Biden promised normality, Americans got abnormality, and Democrats got punished at the polls for it,” Thompson writes in The Atlantic. “The path toward a more successful midterm election for Democrats in 2022 flows through the converse of this strategy. First, make things feel better. Then talk about it.”Do you have a point of view we missed? Email us at debatable@nytimes.com. Please note your name, age and location in your response, which may be included in the next newsletter.READ MORE“What Moves Swing Voters” [The New York Times]“Why Virginia’s And New Jersey’s Elections Could Suggest A Red Wave In 2022” [FiveThirtyEight]“The Powerful G.O.P. Strategy Democrats Must Counter if They Want to Win” [The New York Times]“Bill Clinton Saved His Presidency. Here’s How Biden Can, Too.” [The New York Times]“How to Rebuild the Democratic Party” [The New Republic] More