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    Joe Manchin’s Motivations

    Listen and follow The DailyApple Podcasts | Spotify | StitcherFrom the moment Joe Biden was elected president, all eyes have been on Joe Manchin, the Democratic Senator from West Virginia.Representing a vanishing brand of Democratic politics that makes his vote anything but predictable, he has become the make-or-break legislator of the Biden era.Mr. Manchin has often been a holdout when it comes to Mr. Biden’s economic plans because of his commitment to the ideals of bipartisanship and the cultural conservatism of his constituents.We explore how and why Mr. Manchin’s vote has become so powerful.On today’s episodeJonathan Martin, a national political correspondent for The New York Times.In an evenly divided Senate, the vote of Senator Joe Manchin of West Virginia is indispensable to President Biden. Sarah Silbiger/The New York TimesBackground readingIn Washington, policy revolves around Joe Manchin. Read Jonathan Martin’s exploration of why the senator likes it that way.There are a lot of ways to listen to The Daily. Here’s how.Transcripts of each episode are available by the next workday. You can find them at the top of the page.Jonathan Martin contributed reporting.The Daily is made by Lisa Tobin, Rachel Quester, Lynsea Garrison, Annie Brown, Clare Toeniskoetter, Paige Cowett, Michael Simon Johnson, Brad Fisher, Larissa Anderson, Wendy Dorr, Chris Wood, Jessica Cheung, Stella Tan, Alexandra Leigh Young, Lisa Chow, Eric Krupke, Marc Georges, Luke Vander Ploeg, M.J. Davis Lin, Austin Mitchell, Neena Pathak, Dan Powell, Dave Shaw, Sydney Harper, Daniel Guillemette, Robert Jimison, Mike Benoist, Liz O. Baylen, Asthaa Chaturvedi, Kaitlin Roberts, Rachelle Bonja, Leslye Davis, Diana Nguyen, Marion Lozano and Soraya Shockley, Corey Schreppel and Anita Badejo.Our theme music is by Jim Brunberg and Ben Landsverk of Wonderly. Special thanks to Sam Dolnick, Theo Balcomb, Cliff Levy, Lauren Jackson, Julia Simon, Mahima Chablani, Nora Keller, Sofia Milan, Desiree Ibekwe, Erica Futterman and Wendy Dorr. More

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    Obama Sees Hope in Changes Under Biden

    “My entire politics is premised on the fact that we are these tiny organisms on this little speck floating in the middle of space,” Barack Obama told me, sitting in his office in Washington, D.C.To be fair, I was the one who had introduced the cosmic scale, asking how proof of alien life would change his politics. But Obama, in a philosophical mood, used the question to trace his view of humanity. “The differences we have on this planet are real,” he said. “They’re profound. And they cause enormous tragedy as well as joy. But we’re just a bunch of humans with doubts and confusion. We do the best we can. And the best thing we can do is treat each other better, because we’re all we got.”Before our interview, I’d read “A Promised Land,” the first volume of Obama’s presidential memoirs. It had left me thinking about the central paradox of Obama’s political career. He accomplished one of the most remarkable acts of political persuasion in American history, convincing the country to vote, twice, for a liberal Black man named Barack Hussein Obama during the era of the war on terror. But he left behind a country that is less persuadable, more polarized, and more divided. The Republican Party, of course, became a vessel for the Tea Party, for Sarah Palin, for Donald Trump — a direct challenge to the pluralistic, democratic politics Obama practiced. But the left, too, has struggled with the limits of Obama’s presidency, coming to embrace a more confrontational and unsparing approach to politics.So this is a conversation with Obama about both the successes and failures of his presidency. We talk about his unusual approach to persuasion, when it’s best to leave some truths unsaid, the media dynamics that helped fuel both his and Trump’s campaigns, how to reduce educational polarization, why he believes Americans have become less politically persuadable, the mistakes he believes were made in the design of the 2009 stimulus and the Affordable Care Act, the ways in which Biden is completing the policy changes begun in the Obama administration, what humans are doing now that we will be judged for most harshly in 100 years, and more.You can listen to our whole conversation by following “The Ezra Klein Show” on Apple Podcasts, Spotify, Pocket Casts, Google Podcasts or Stitcher or wherever you get your podcasts. An edited transcript follows.Something I noticed again and again in the book is this very particular approach to persuasion that you have.I think the normal way most of us think about persuasion is you are trying to win an argument with someone. You seem to approach it with this first step of making yourself a person that the other person will feel able to listen to, which means sympathizing with their argument, sanding off some of the edges of your own. Tell me a bit about how you think about that.Now, that’s interesting. I forget whether it was Clarence Darrow, or Abraham Lincoln, or some apocryphal figure in the past who said the best way to win an argument is to first be able to make the other person’s argument better than they can. For me, what that meant was that I had to understand their worldview.And I couldn’t expect them to understand mine if I wasn’t extending myself to understand theirs.Now why that is the way I think about things generally is no doubt partly temperament. Partly it’s biographical. If you’re a kid whose parents are from Kansas and Kenya, and you’re born in Hawaii, and you live in Indonesia, you are naturally having to figure out, well, how did all these pieces fit together?How do all these perspectives, cultures, blind spots, biases, how do you reconcile them to approximate something true? And I think that carries over into my adulthood and into my politics. It’s how I approach the world generally.It presumes that none of us have a monopoly on truth. It admits doubt, in terms of our own perspectives. But if you practice it long enough, at least for me, it actually allows you to not always persuade others, but at least have some solid ground that you can stand on — you can, with confidence say, I know what I think. I know what I believe. It actually gives me more conviction, rather than less, if I’d listened to somebody else’s argument rather than just shutting it off.One of the things that strikes me about it, though, is it sometimes means not calling out arguments that you think are kind of really wrong. In a section of the book about the Tea Party, you mull over whether the reaction they had to you was racist. It’s clear that it at least partly was. And then you say “whatever my instincts might tell me, whatever truth the history books might suggest, I knew I wasn’t going to win over any voters by labeling my opponents racist.” How do you decide when the cost of that kind of truth outweighs the value of it?Well, now you’re describing something a little bit different, which is how do you move large segments of the population politically towards an outcome you want? Versus, how I might persuade somebody one on one?The premise of persuading somebody who you can build some trust with and have a history with — there might be times where you say, you know what, you’re just full of it and let me tell you why. And you can be very logical and incisive about how you want to dismantle their arguments. Although I should add, by the way, don’t, do not try that at home. Because that’s not a recipe for winning arguments with Michelle. But when you’re dealing with 300 million people, with enormous regional, and racial, and religious, and cultural differences, then now you are having to make some calculations.So let’s take the example you used. I write extensively about the emergence of the Tea Party. And we could see that happening with Sarah Palin — she was a prototype for the politics that led to the Tea Party, that, in turn, ultimately led to Donald Trump, and that we’re still seeing today. There were times where calling it out would have given me great satisfaction personally. But it wouldn’t have necessarily won the political day in terms of me getting a bill passed.I think every president has to deal with this. It may have been more noticeable with me — in part because, as the first African American president, there was a presumption, not incorrect, that there were times wher e I was biting my tongue. That’s why the skit that Key and Peele did with the anger translator, Luther, was funny. Because people assumed Barack’s thinking something other than what he’s saying in certain circumstances.A lot of times, one of the ways I would measure it would be: Is it more important for me to tell a basic, historical truth, let’s say about racism in America right now? Or is it more important for me to get a bill passed that provides a lot of people with health care that didn’t have it before?There’s a psychic cost to not always just telling the truth. And I think there were times where supporters of mine would get frustrated if I wasn’t being as forthright about certain things as I might otherwise be. Then there are also just institutional constraints that I think every president has to follow on some of these issues. And it was sort of on a case-by-case basis where you try to make decisions.Sometimes you’d get sufficiently disappointed, let’s say, for example, with gun-safety issues. But after Newtown, for example, and Congress’s complete unwillingness to do anything about the slaughter of children, here were times where I would just go off. Because I felt that deeply about how wrongheaded we were in a basic fundamental way. But that was, let’s face it, after I had exhausted every other possibility of trying to get Congress to move on those issues.Something that really struck me about the book is how much it lives in paradoxes. How much you’re comfortable with the idea that something and its opposite are true at the same time. And I think of persuasion as being the central paradox of your presidency.So you’ve accomplished this massive act of persuasion, winning the presidency twice as a Black man with the middle name Hussein. Now, in retrospect, it’s like, ‘Of course, Barack Obama was president.’I think it’s fair to say that wasn’t a given.It wasn’t as obvious then. But your presidency also made the Republican Party less persuadable. It opened the door in some ways to Sarah Palin, to Donald Trump. And it further closed the door on the kind of pluralistic politics that you try to practice. I’m curious how you hold both of those outcomes together.That’s been the history of America, right? There is abolition, and the Civil War, and then there’s backlash, and the rise of the K.K.K., and then Reconstruction ends, and Jim Crow arises, and then you have a civil rights movement, a modern civil rights movement, and desegregation. And that in turn leads to push back and ultimately Nixon’s Southern strategy. What I take comfort from is that in the traditional two steps forward, one step back, as long as you’re getting the two steps, then the one step back, you know, is the price of doing business.In my case, I get elected. We have a spurt of activity that gets things done. Even after we lose Congress during the course of those eight years, we manage the government, restore some sense that it can work on behalf of people. We regain credibility internationally. But you’re right, it helps to precipitate a shift in the Republican Party that was already there, but probably accelerates it.On the other hand, during that period, you’ve got an entire generation that’s grown up and taking for granted, as you just described, that you’ve got a Black family in the White House, taking for granted that administration can be competent, and have integrity, and not be wrought with scandal. And it serves as a marker, right? It’s planted a flag from which then the next generation builds. And by the way, the next generation can then look back and say, yeah, we do take that for granted. We can do a lot better and go even further.And that is, I wouldn’t say an inevitable progression. Sometimes the backlash can last a very long time and you can take three steps back after two steps forward. But it does seem to be sort of in the nature of things that any significant movement of social progress, particularly those aspects of social progress that relate to identity, race, gender — all the stuff that is not just dollars and cents, and transactional — that invariably will release some energy on the other side by folks who feel threatened by change.But one lesson I’ve seen a lot of folks on the left take, I think particularly in the Trump years, is that you simply need more confrontation. This can’t just be done through pluralism. I think somewhat people often call cancel culture is part of that reaction. It’s a belief that you really do have to confront the country with the ugliest parts of itself so light can get in and it can heal. Do you think they have a point or that’s the wrong lesson to take?No, I don’t think it’s — well, since we’re on the topic of race, what we saw after George Floyd’s murder was a useful bit of truth telling that young people led. And I think it opened people’s eyes to a renewed way of thinking about how incomplete the process of reckoning has been in this country when it comes to race.But even after I think a shift in perspective around George Floyd, we’re still back into the trenches of how do we get different district attorneys elected? How do we actually reform police departments?Now we’re back in the world of politics. And as soon as we get back into the world of politics, now it’s a numbers game. You have to persuade and you have to create coalitions.So I don’t think it’s an either-or proposition. I think there are times where because of events and moments there’s what we might describe as a teachable moment, and George Floyd’s tragic death was an example of that in very stark terms. A part of what happens as a result of the pandemic is there’s a teachable moment about, maybe this whole deficit hawk thing of the federal government, just being nervous about our debt 30 years from now, while millions of people are suffering — maybe that’s not a smart way to think about our economics. Again, a teachable moment. So there are times when that’s presented. I think you try to drive it home as much as possible and get a reorientation of the body politic.But at some point in this country, in our democracy, you still have to cobble together majorities to get things done. And that is particularly true at the federal level, where — although reconciliation has now presented a narrow window to do some pretty big things — the filibuster, if it does not get reformed, still means that maybe 30 percent of the population potentially controls the majority of Senate seats. And so if you say that 30 percent of the country is irreconcilably wrong, then it’s going to be hard to govern.There’s a pretty fundamental asymmetry that brings out. So I think at the presidential level, you have a three or four-point advantage for Republicans in Electoral College. At the Senate level, it’s playing the range of five points. And the House level, it’s about two. So you have this real difference now between the parties, where Democrats need to win right-of-center voters to win national power, and Republicans do not need to win left-of-center voters to win national power. And that really changes the strategic picture for the two of them.It’s enormous. It’s one of those things that’s in the background of the folks in Washington and people who follow politics closely. But the average American, understandably, isn’t spending a lot of time thinking about Senate rules and gerrymandering and ——How dare you.I’m sorry, Ezra, but you’re on the nerd side of the spectrum on this stuff. As am I. So people don’t understand — well, if the Democrats win the presidency or if they’re in control of the Senate, why aren’t all these things that they promised happening? Or why are they trimming their sails on their single-payer health care plans or what have you?And the answer is, well, the game is tilted in a way that partly arises out of a very intentional desire for Southern states, for example, to maintain power and reduce the power of the federal government. Some of it has to do with demographic patterns, and where populations are distributed. It’s not surprising that the progressive party, the Democratic Party, is more of an urban party. Because by necessity, you got more different kinds of people, right? Immigrants flooding urban areas and settling, and having a different perspective than folks who live in more rural, more homogeneous areas. And once you get Wyoming having the same number of senators as California, you’ve got a problem.That does mean Democratic politics is going to be different than Republican politics. Now the good news is, I also think that has made the Democratic Party more empathetic, more thoughtful, wiser by necessity. We have to think about a broader array of interests and people. And that’s my vision for how America ultimately works best and perfects its union. We don’t have the luxury of just consigning a group of people to say you’re not real Americans. We can’t do that. But it does make our job harder when it comes to just trying to get a bill passed, or trying to win an election.One of the ways that our politics have reoriented since your presidency is around education. For reasons that are too complicated to go into here, when polarization splits along educational lines, as it did in 2016 and 2020, the Democratic disadvantage in the Electoral College gets a lot worse.But you did something really unusual in 2008 and 2012: Educational polarization went down.In 2012, you won noncollege whites making less than $27,000 a year. Donald Trump then won them by more than 20 points. He kept them in 2020. What advice do you have to Democrats to bring educational polarization back down?I actually think Joe Biden’s got good instincts on this. If you’re 45, and working in a blue collar job, and somebody is lecturing me about becoming a computer programmer, that feels like something got spit out of some think tank as opposed to how my real life is lived.People knew I was left on issues like race, or gender equality, and L.G.B.T.Q. issues and so forth. But I think maybe the reason I was successful campaigning in downstate Illinois, or Iowa, or places like that is they never felt as if I was condemning them for not having gotten to the politically correct answer quick enough, or that somehow they were morally suspect because they had grown up with and believed more traditional values.The challenge is when I started running in 2007-2008, it was still possible for me to go into a small town, in a disproportionately white conservative town in rural America, and get a fair hearing because people just hadn’t heard of me. They might say what kind of name is that? They might look at me and have a set of assumptions. But the filter just wasn’t that thick.The prototypical example is I show up in a small town in Southern Illinois, which is closer to the South than it is to Chicago, both culturally as well as geographically. And usually, the local paper was owned by a modestly conservative, maybe even quite conservative usually, guy. He’d call me in. We’d have a cup of coffee. We’d have a conversation about tax policy, or trade, or whatever else he cared about. And at the end of it, usually I could expect some sort of story in the paper saying, well, we met with Obama. He seems like an intelligent young man. We don’t agree with him on much. He’s kind of liberal for our taste, but he had some interesting ideas. And you know, that was it.So then I could go to the fish fry, or the V.F.W. hall, or all these other venues, and just talk to people. And they didn’t have any preconceptions about what I believed. They could just take me at face value. If I went into those same places now — or if any Democratic who’s campaigning goes in those places now — almost all news is from either Fox News, Sinclair news stations, talk radio, or some Facebook page. And trying to penetrate that is really difficult.It’s not that the people in these communities have changed. It’s that if that’s what you are being fed, day in and day out, then you’re going to come to every conversation with a certain set of predispositions that are really hard to break through. And that is one of the biggest challenges I think we face.At the end of the day, I actually have found that — and this still sounds naïve. I think a lot of people would still question this. But I’ve seen it. Most folks actually are persuadable in the sense of they kind of want the same things. They want a good job. They want to be able to support a family. They want safe neighborhoods. Even on really historically difficult issues like race, people aren’t going around thinking, Man, how can we do terrible things to people who don’t look like us? That’s not people’s perspective. What they are concerned about is not being taken advantage of, or is their way of life and traditions slipping away from them? Is their status being undermined by changes in society?And if you have a conversation with folks, you can usually assuage those fears. But they have to be able to hear you. You have to be able to get into the room. And I still could do that back in 2007, 2008. I think Joe, by virtue of biography and generationally, I think he can still reach some of those folks. But it starts getting harder, particularly for newcomers who are coming up.We had a conversation related to this in 2015, where we were talking about polarization and how it had gone up during your presidency. And something you said to me is something I wrestled a lot with in my own book, which is that people are pretty polarized when you start talking about national politics. But then you talk to them a bit more, you find they have other identities: they’re soccer coaches, they go to church, they own a business. And those identities aren’t so politically polarized.I found that persuasive and hopeful at the time But since then, our politics have become that much more nationalized. Our political identities become that much stronger. And this idea that these other identities are deeper seems less and less true. When the political cue comes, you really know what side you’re on. Do you think Americans have just become less persuadable?I think that is what you just identified — in part because of the media infrastructure I described and the siloing of media. In part because of the Trump presidency and the way both sides went to their respective fortresses. Absolutely, I think it’s real. I think it’s worse. I think polling shows it. Anecdotes show it. Thanksgiving becomes a lot more difficult, what we’re seeing right now with respect to vaccines.I mean, I think it’s fair to say that the difference in how George H.W Bush, Bill Clinton, George W. Bush, and Obama administrations approached the basic issue of a pandemic and vaccines — there might be differences in terms of efficacy, or how well programs were run, etc. But it’s hard to imagine a previous Republican administration completely ignoring science, right?Yeah, I’ve thought about what if this were a second term Mitt Romney.Exactly. So that is a fundamental shift. And I think people’s identities have become far more invested as a result in which side are you on politically. It spills over into everyday life, and even small issues that previously were not considered, even political issues.So if you’re a soccer coach now, there might be a conversation about why are all the refs white? Right? And suddenly there’s a long argument, and you’ve got each side immediately tweeting about it. And then Fox News might grab the story and run with it in the most sensational way, and next thing you know, Joe Biden is being asked about a soccer game in Maryland. Right? And when we see that pattern playing itself out in our daily lives, in a way, that’s unhealthy.I think there’s some merit to this, that the decline of other mediating institutions that provided us a sense of place and who we are, whether it was the church or union or neighborhood — those used to be part of a multiple set of building blocks to how we thought about ourselves. And the way that the national conversation evolves, suddenly there’s a right answer across all those lines, right? Which is part of the reason why you don’t get ticket-splitting these days, right?Even when I first came in. what was striking was the degree to which the conservative Democrat or the pro-choice Republican were getting winnowed out of each respective party. What’s interesting is how it filtered. Rather than the public saying we don’t like that, let’s try something else. In some ways, the public’s come to see themselves individually in those terms as well.Also, the choices get starker for them. Something I was thinking about while you were talking was this idea that I think about sometimes that I call “ricochet polarization.” And I’m not asserting symmetry between the two sides. I don’t want to get flak on that.I would jump on you in a second, don’t worry.You were saying a couple minutes ago, that you thought people knew you were pretty left on social issues, on L.G.B.T.Q. issues, on a bunch of issues, but they thought you respected them. But you also — because of what you believed, or also because you thought folks were movable — were restrained on a lot of these issues.You ran in 2008 and you were opposed to gay marriage. You talk in the book about how Axelrod and Plouffe were very careful about avoiding issues that would exacerbate racial conflict. And you guys focused a lot on economics.But then, as people feel persuasion is not working and they see the worst of the other side coming at them, there’s a dynamic that happens, and I see it among Democrats, too, where people are more willing to say, Well, here’s what I really believe. And here’s what I really believe about you. If they’re still going to say I’m a socialist. Then well, maybe I am a socialist. They’re going to say I want to raise taxes on middle-class people, then maybe I do, actually. And each day the parties become a little less restrained because the benefits of restraint seem lower.First of all — and you already offered this caveat, but I want to re-emphasize — it’s not symmetrical because Joe Manchin is still a Democrat in our party. And I think a lot of people look and say the guy’s got to run in West Virginia, a state that Joe Biden lost by 30 percent. And we understand that his politics are not going to be the same as Nancy Pelosi’s. So just by virtue of the fact that we have to earn votes from a lot of different places.And needing center-right voters.And needing center-right voters. Look, the challenge we have is that the other side just did not function that way. And that’s not because there aren’t people in the Republican Party who thought that way.You mentioned Mitt Romney earlier. Well, Mitt Romney was the governor of Massachusetts. And when he was, he made all kinds of sensible compromises. He didn’t approach things the way I would approach things, but there was some sense of what the other side thinks matters. He’s the governor of a Democratic state. I’ve got to recognize that I’m probably more conservative than most people in the state, which means I have to make some accommodations. But as soon as he started running for the presidency, suddenly he’s got to pretend that he’s this hard-right, gun-toting, varmint-killing guy.Severely conservative.Severely conservative. Well, why is that? It’s because a dynamic has been created. And that dynamic, in part, has to do with public officials being lazy, and just saying, this is the easiest way for us to get our folks riled up is to suggest that Obama is a Muslim socialist who is going to take away your guns.But some of it is a media infrastructure that persuaded a large portion of that base that they had something to fear. And fed on that politics of fear and resentment in a way that ironically ended up being a straitjacket for the Republican officials themselves. And some of them were gobbled up by the monster that had been created. And suddenly found themselves retiring because they weren’t angry or resentful enough for the base they had stoked.I think it’s fair to say that you’re critical of the media at points in the book. In your experience watching it, how much do you feel the media reflects politics, and how much do you feel it shapes politics?Well, look, there are certain bad habits that the media cultivated, and had to then re-examine during the Trump era. The classic being what constitutes objectivity.I joke about “President Obama today was savagely attacked by the Republicans for suggesting the earth is round,” right? Republicans suggested that there’s some hidden documents showing the earth is, in fact, flat. In response, Obama said, well — and then it goes on. But it’s presented as he said, they said, and that’s reporting. And you’d have some vague corner of the press room engaged in fact-checking after the fact. But that’s not what appeared on the nightly news.And that taught somebody like a Mitch McConnell that there is no downside for misstating facts, making stuff up, engaging in out-and-out obstruction, reversing positions that you held just a few minutes ago, because now it’s politically expedient to do so. That never reached the public in a way where the public could make a judgment about who’s acting responsibly and who isn’t.I think that the media was complicit in creating that dynamic in a way that understandably is difficult, because, as we discovered during the Trump administration, if an administration is just misstating facts all the time, it starts looking like, gosh, the media’s anti-Trump. And this becomes more evidence of a left wing conspiracy and liberal elites trying to gang up on the guy.Yeah, there’s the objectivity critique, which I actually think, in many ways, the media got better on. But there’s another one laced through the book. And it’s interesting because I think you both benefited from it and become wary of it, which is that in the media, one of our central biases is towards exciting candidates. And you were an exciting candidate in 2008.I stayed exciting. Come on, now.But later on that’s also something that Donald Trump activates in a different way. You have a big set piece at the White House Correspondents Dinner where the Washington Post invites Donald Trump after a year of birtherism. And even in a broader sense, exciting candidates usually shape perceptions of parties. On the right, they tend to be quite extreme. They tend to be, in both parties, either more liberal or more conservative. But part of the dynamic is the media is pressured by social media, and like you look around at who’s up there on Facebook and on Reddit.Conflict sells.Conflict sells. And that’s a way in which I think the perceptions of the parties are changing for people. Because whoever is chair of the House Ways and Means Committee —Who’s considered the voice of —Exactly. Who becomes the voice? How do you reflect on that? You came up, social media is great for you. It seems to me you’ve got some different views on it now. How do you think about that trade-off between excitement and some of the other qualities that are a little bit more nuanced that you worry people are losing sight of?Yeah, I think it is entirely fair. And you’re right, even during my campaign I got weary of it. What my political adviser David Axelrod called — the Obama icon, right? You got the posters, and you got the crowds. And very much focused on me as this comet bursting onto the scene.But I have to tell you that there’s a difference between the issue of excitement, charisma versus rewarding people for saying the most outrageous things. I don’t think anybody would accuse me of just creating controversy, just for the sake of it. The excitement I brought was trying to tell a story about America where we might all start working together and overcome some of our tragic past. And move forward and build a broader sense of community. And it turns out that those virtues actually did excite people.So I don’t agree that that’s the only way that you can get people to read newspapers or click on a site. It requires more imagination and maybe more effort. It requires some restraint to not feed the outrage-inflammatory approach to politics. And I think folks didn’t do it.The birtherism thing, which I was just a taste of things to come, started in the right wing media ecosystem. But a whole bunch of mainstream folks booked him all the time because he boosted ratings. And that wasn’t something that was compelled. It was convenient for them to do, because it was a lot easier to book Donald Trump to let him claim that I wasn’t born in this country than it was to actually create an interesting story that people will want to watch about income inequality? That’s a harder thing to come up with.Let me get at that piece of it, too. So I covered the Affordable Care Act pretty closely. And I’ve thought a lot about its political afterlife. It survived the Republican attempts to gut it. It did become popular.Yeah, my timeline — I thought it was going to happen a little bit quicker. But it did happen.But at the same time, the thing that is striking to me is it didn’t convert many voters over to the Democratic side, including Republican voters who relied on it, who would have lost it if the folks they were voting for got their way.Do you think, given how intense political identities are now, that policy can persuade people to vote differently? Or is partisanship now almost immune to the material consequences of governance?I think over time it does. I think it’s not as immediate. And look, I think it’s important to just remember that when we came into office, the economy was in a free fall. We had to scramble and do a bunch of stuff, some of which was inherited, some of which we initiated to stabilize the financial system. People hated it.It’s hard to just underscore how much the bank bailouts just angered everyone, including me. And then you have this long, slow recovery. Although the economy recovers technically quickly, it’s another five years before we’re really back to people feeling like, OK, the economy is moving and working for me.And the truth is that if Donald Trump doesn’t get elected — let’s say a Democrat, a Joe Biden, or Hillary Clinton had immediately succeeded me, and the economy suddenly has 3 percent unemployment, I think we would have consolidated the sense that, oh, actually these policies that Obama put in place worked. The fact that Trump interrupts essentially the continuation of our policies, but still benefits from the economic stability and growth that we had initiated, means people aren’t sure. Well, gosh, unemployment’s 3.5 percent under Donald Trump.Now I would argue, and I think a lot of economists that I know would suggest, that mostly that had nothing to do with Donald Trump’s policies, and mostly had to do with the fact that we had put the economy on a footing where he essentially just continued the longest peacetime recovery and sustained job growth in American history. But if you’re the average voter you’re kind of thinking, well, you know, looks like Republican policies are working for me to some degree, which probably explains why Trump was able to make some inroads — modest, overstated but real inroads — among non-white voters who were feeling like, what, I’m working and making decent money, and things feel pretty good. So that clouds what I think would have been a more impactful shift in political views towards Democrats as a result of my presidency.I think that what we’re seeing now, is Joe and the administration are essentially finishing the job. And I think it’ll be an interesting test. Ninety percent of the folks who were there in my administration, they are continuing and building on the policies we talked about, whether it’s the Affordable Care Act, or our climate change agenda, and the Paris [climate accord], and figuring out how do we improve the ladders to mobility through things like community colleges.If they’re successful over the next four years, as I think they will be, I think that will have an impact. Does it override that sort of identity politics that has come to dominate Twitter, and the media, and that has seeped into how people think about politics? Probably not completely. But at the margins, if you’re changing 5 percent of the electorate, that makes a difference.Most importantly, I think it does have an impact for young people as they are forming their ideas about politics and who they are. I was both a manifestation of the more progressive views that young people brought to politics in 2008, and 2009, 2010, and I think my presidency helped to solidify a huge tilt in the direction of progressive politics among young people that is now continuing into their 30s as the millennials, and even the Gen Zers, are starting to marry and have families, who know their political identity has been shaped and changed in pretty significant ways.One area where you’re more optimistic than in the book is the idea that better political communication can really change the way people receive policy. I tend to think more about, How could you do policy design so the policy itself could speak more clearly?I actually think we agree on that. I think you hear in the book arguments that we would have — there’d be a bunch of bad reporting around the economy. And I’d get all grumpy, and call in my advisers. I’d say, I need to do more press conferences. I need to give another speech. And they actually were pretty clear to me. They were all, like, look, as long as unemployment’s still at 9 percent, it doesn’t matter how many speeches you give. It’s not going to change things.On the other hand, when people ask me what would I do differently, a lot of times I’ll give broad generalizations, because I don’t want to get too deep in the weeds. But being a policy nerd, you’ll appreciate this: the Making Work Pay tax cut, that was part of our stimulus — where Larry Summers talks me into the idea that we should spread out the tax cut in people’s weekly paychecks, in the drip, drip, drip fashion because the social science shows that they’re more likely to spend it. But if they get a big lump sum, then they might just pay down debt.And we needed more stimulus. And I thought, well, that makes sense. But of course, as a result, nobody thought I’d cut taxes. Or everybody was confident that I had raised their taxes. That’s an example of a policy design where we were too stubborn, I think, initially, around — we’ll just get the policy right and the politics will take care of itself. And as I point out in the book, I should have done a deeper dive in F.D.R., in recognizing that you’ve got to sell the sizzle as well as the steak because that creates the political coalition to continue it.The New Deal had all kinds of policies that actually didn’t work as well as they should have. We get political phrases like pork barrel, and logrolling, and a lot of that comes out of the mismanagement of the federal programs. But you know what? People saw it. They felt it. And they associated their lives getting better with those policies. That’s important.I think a fair critique of us when I look back is the fact that I was sometimes too stubborn about, no, we’re going to just play it straight. And let’s not worry about how the policy sells if it works. Then that’s what we should do.Are there other design ideas that you would advise people to take seriously? I realize there are technical reasons this happened, but I think a lot about how the Affordable Care Act took four years to begin delivering the bulk of health insurance benefits.It’s a good example. I think that there’s no doubt that the team that is now in the Biden administration and thinking about, whether it’s the Covid stimulus package, or how do you build off the Affordable Care Act, they’re mindful of these lessons and they’re saying to themselves, all right, we’ve got to sell this.So on health care in particular, how do we make this simple and stupid so that it’s easily explained, it’s easily understood? The expansion of Medicaid, for example, was probably the part of the Affordable Care Act that had the biggest impact. Quick, easy to administer, didn’t have a lot of moving parts because it was building off an existing program.And look, there are times where it is important in fact to go ahead and plant some seeds even if it doesn’t yield quick political benefits. I use the example, in our stimulus, of the $90 billion we invested in the green economy. Politically that wasn’t a winner for us. We knew that we were going to get some Solyndras, for example, the famous example that the Republicans beat us over the head with where we gave a loan to a solar company that goes belly up.But the truth is, that the reason now we’re seeing such enormous breakthroughs in terms of everything from electric cars to solar efficiency to wind power — all those things that we can now build on in pursuit of future climate policy — a lot of that relied on those programs we started that didn’t have a lot of political benefit. And so you’ve got to calculate.Sometimes I have my friends in the Democratic Party who criticize us, who misapprehend this idea that we had sort of a — what’s it called? Neoliberal perspective. That we had some ideological aversion to pushing the envelope on policy. That’s not the case. We had just political constraints we had to deal with, and we had an emergency we had to deal with.But one thing I was pretty clear about early on, and showed with the Affordable Care Act, was that given we were in a hole economically anyway there was no point in us trying to go small bore. Bill Clinton was able, in his second term, to politically go small because the economy was humming and people were feeling good. We were dealing with what at that point was the worst recession since the Great Depression. Politically, we were going to get clobbered in the midterms. It really didn’t matter what we did. And so we just tried to do as much as we could within the political constraints that we had.And I think that the environment now is such, partly because Republicans spent $2 trillion of their own stimulus — and shockingly weren’t concerned about deficits when they were in power — partly because of the urgency of Covid, and the pandemic, and people recognize they just needed immediate relief and help now. I think we’re now in an environment where if we just get some big pieces in place, building on what we did before, people will notice. And it will have a political impact.It doesn’t override all the deep subterranean political dynamics of our culture — race obviously being at the top of that list, but also changing gender roles, and those who still are engaged in organized religion feeling attacked by sort of an atheist culture. Those things are deep. They’ve always been here. They’re not going away anytime soon. But I guess what I am still confident about is, if we can get some stuff done that works, and we give people the benefit of the doubt, and we continue to reach out, as opposed to yell, that we get better outcomes rather than worse outcomes.I heard you say the other day that you’d like to know what those U.F.O. objects are, too.Absolutely.If it came out that they were alien, if we got an undeniable proof of that, how would that change your politics, or your theory about where humanity should be going?That is an interesting question.Thank you.Well, first of all, depends. Have we made contact with them? Or we just know.We just know —These probes have been sent?Yeah.But we have no way of reaching out?We can’t get in touch. We just know we’re not alone and someone’s been here.It’s interesting. It wouldn’t change my politics at all. Because my entire politics is premised on the fact that we are these tiny organisms on this little speck floating in the middle of space. When we were going through tough political times, and I’d try to cheer my staff up, I’d tell them a statistic that John Holdren, my science adviser, told me, which was that there are more stars in the known universe than there are grains of sand on the planet Earth.Your staff must have loved that.Well, sometimes it cheered them up; sometimes they’d just roll their eyes and say, oh, there he goes again. But the point is, I guess, that my politics has always been premised on the notion that the differences we have on this planet are real. They’re profound. And they cause enormous tragedy as well as joy. But we’re just a bunch of humans with doubts and confusion. We do the best we can. And the best thing we can do is treat each other better because we’re all we’ve got. And so I would hope that the knowledge that there were aliens out there would solidify people’s sense that what we have in common is a little more important.But no doubt there would be immediate arguments about like, well, we need to spend a lot more money on weapons systems to defend ourselves. New religions would pop up. And who knows what kind of arguments we get into. We’re good at manufacturing arguments for each other.Here’s another wonky question. What do we do now that humanity will be judged for most harshly in 100 years?Well, if we don’t get a handle on climate change, then if there’s anybody around to judge us, they’ll judge us pretty harshly on it, because the data is here. We know it. And we have the tools to make real progress with it.One thing that the pandemic has done is to start getting people to think in scale. You can actually put a dollar figure to what it would take to transition to a clean economy. It’s in the trillions of a year globally. But when you think about how much was spent and how much was lost in one year as a result of the pandemic, suddenly making investments in public health systems seem like a pretty good investment.Similarly, maybe it opens up people’s imaginations to say we can actually afford to make this transition. There are some sacrifices involved, but we can do it.And then finally, what three books do you recommend to the audience?A book I just read is “The Overstory,” by Richard Powers. It’s about trees and the relationship of humans to trees. And it’s not something I would have immediately thought of, but a friend gave it to me. And I started reading it, and it changed how I thought about the Earth and our place in it.You’ll never walk through a forest the same way.You really don’t. It changed how I see things and that’s always, for me, a mark of a book worth reading.“Memorial Drive,” by Natasha Tretheway, a poet. It’s a memoir, just a tragic story. Her mother’s former husband, her former stepfather, murders her mother. And it’s a meditation on race, and class, and grief. Uplifting, surprisingly, at the end of it. But just wrenchingAnd then this one is easier. I actually caught up on some past readings of Mark Twain. There’s something about Twain that I wanted to revisit because he’s that most essential of American writers. His satiric eye, and his actual outrage that sometimes gets buried under the comedy, I thought was useful to revisit.(You can listen to the conversation on Apple Podcasts, Spotify, Pocket Casts, Google Podcasts, Stitcher; or wherever you get your podcasts. A full transcript of the episode will be available midday.)Illustration by The New York Times; photograph by Damon Winter/The New York Times“The Ezra Klein Show” is produced by Annie Galvin, Jeff Geld and Rogé Karma; fact-checking by Michelle Harris; original music by Isaac Jones; mixing by Jeff Geld. Special thanks to Shannon Busta and Kristin Lin. More

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    Texas Voting Bill Nears Passage as Republicans Advance It

    The bill, which includes some of the strictest voting measures in the country, would head to the desk of Gov. Greg Abbott if it passes. He is expected to sign it into law.The Republican-controlled Texas House of Representatives is poised to take up a bill on Sunday that would impose a raft of new voting restrictions in the state, moving a step closer to the expected full passage of what would be among the most far-reaching laws in Republicans’ nationwide drive to overhaul elections systems and limit voting.The bill, which passed the State Senate early Sunday, would tighten what are already some of the country’s strictest voting laws, and it would specifically target balloting methods that were employed for the first time last year by Harris County, home to Houston. In addition to banning drive-through voting and 24-hour voting, which were used by nearly 140,000 voters in Harris County during the 2020 election, the bill would prohibit election officials from sending absentee ballots to all voters, regardless of whether they had requested them; ban using tents, garages, mobile units or any temporary structure as a polling location; further limit who could vote absentee; and add new identification requirements for voting by mail. Partisan poll watchers would also have more access and autonomy under the bill’s provisions, and election officials could be more harshly punished if they make mistakes or otherwise run afoul of election codes and laws. The bill, which was hashed out in a closed-door panel of lawmakers over the past week as the spring legislative session neared its conclusion on Monday, was rushed to the State Senate floor late Saturday in a legislative power play orchestrated by Republican lawmakers and Lt. Gov. Dan Patrick. Suspending rules that require a bill to be public for 24 hours before a final vote, they set off hours of debate before the Senate passed the bill just after 6 a.m. on Sunday by an 18-to-13 vote. Democrats denounced the dark-of-night legislative maneuver on a measure that Senator Borris L. Miles, a Democrat from Houston, said people in his largely Black and Latino district called “Jim Crow 2.0.”“They do ask me, every time I’m in the neighborhood, is this 2021 or is this 1961?” Mr. Miles said on the Senate floor. “And why are we allowing people to roll back the hands of time?”The House, which did not move to suspend the 24-hour rule, is set to convene at 1 p.m. local time, and will debate the bill before voting on it. No further changes to the legislation can be made. Gov. Greg Abbott, a Republican, is widely expected to sign the bill. Texas is one of several Republican-led states — including Iowa, Georgia and Florida — that have moved since the 2020 presidential contest to pass new laws governing elections and restricting voting. The impetus is both Republicans’ desire to appease their base, much of which continues to believe former President Donald J. Trump’s lies about a stolen election, and the party’s worries about a changing electorate that could threaten the G.O.P.’s longtime grip on power in places like Texas, the second-biggest state in the country.In a statement on Saturday, President Biden called the proposed law, along with similar measures in Georgia and Florida, “an assault on democracy” that disproportionately targeted “Black and Brown Americans.” He called on lawmakers to address the issue by passing Democratic voting bills that are pending in Congress. “It’s wrong and un-American,” Mr. Biden said. “In the 21st century, we should be making it easier, not harder, for every eligible voter to vote.”Republican state lawmakers have often cited voters’ worries about election fraud — fears stoked by Mr. Trump, other Republicans and the conservative media — to justify new voting restrictions, despite the fact that there has been no evidence of widespread fraud in recent American elections.And in their election push, Republicans have powered past the objections of Democrats, voting rights groups and major corporations. Companies like American Airlines, Dell Technologies and Microsoft spoke out against the Texas legislation soon after the bill was introduced, but the pressure has been largely ineffective so far.The final 67-page bill, known as S.B. 7, proved to be an amalgamation of two omnibus voting bills that had worked their way through the state’s Legislature. It included many of the provisions originally introduced by Republicans, but lawmakers dropped some of the most stringent ones, like a regulation on the allocation of voting machines that would have led to the closure of polling places in communities of color and a measure that would have permitted partisan poll watchers to record the voting process on video. Still, the bill includes a provision that could make overturning an election easier. Texas election law had stated that reversing the results of an election because of fraud accusations required proving that illicit votes had actually resulted in a wrongful victory. If the bill passes, the number of fraudulent votes required to do so would simply need to be equal to the winning vote differential; it would not matter for whom the fraudulent votes had been cast. Democrats and voting rights groups were quick to condemn the bill.“S.B. 7 is a ruthless piece of legislation,” said Sarah Labowitz, the policy and advocacy director at the American Civil Liberties Union of Texas. “It targets voters of color and voters with disabilities, in a state that’s already the most difficult place to vote in the country.”But Republicans celebrated the proposed law and bristled at the criticism from Mr. Biden and others. “As the White House and national Democrats work together to minimize election integrity, the Texas Legislature continues to fight for accessible and secure elections,” State Senator Bryan Hughes, one of the bill’s sponsors, said in a statement. “In Texas, we do not bend to headlines, corporate virtue signaling, or suppression of election integrity, even if it comes from the president of the United States.”The bill took its final form after a contentious, monthslong debate; back-room negotiations; procedural errors by legislators; and extended, passionate debate by Democrats, who have tried to stall the bill’s passage through political and legislative maneuvers.Gov. Greg Abbott, a Republican who has said that an election overhaul is a priority, is widely expected to sign the bill.Eric Gay/Associated PressVoting rights groups have long pointed to Texas as one of the hardest states in the country for voters to cast ballots. One recent study by Northern Illinois University ranked Texas last in an index measuring the difficulty of voting. The report cited a host of factors, including Texas’ in-person voter registration deadline 30 days before Election Day, a drastic reduction of polling stations in some parts of the state, strict voter identification laws, a limited and onerous absentee voting process, and a lack of early voting options.In the preamble to the new bill, the authors appear to pre-emptively defend the legislation from criticism, stating that “reforms to the election laws of this state made by this Act are not intended to impair the right of free suffrage guaranteed to the people of Texas by the United States and Texas Constitutions, but are enacted solely to prevent fraud in the electoral process and ensure that all legally cast ballots are counted.”In March, Keith Ingram, the director of elections in the Texas secretary of state’s office, testified that last year’s election in the state had been “smooth and secure.” He added, “Texans can be justifiably proud of the hard work and creativity shown by local county elections officials.”A day before the Texas bill emerged, a new report pointed to the vast sweep of Republicans’ nationwide effort to restrict voting.As of May 14, lawmakers had passed 22 new laws in 14 states to make the process of voting more difficult, according to the report by the Brennan Center for Justice, a research institute..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new 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(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-1rh1sk1{margin:0 auto;overflow:hidden;}.css-1rh1sk1 strong{font-weight:700;}.css-1rh1sk1 em{font-style:italic;}.css-1rh1sk1 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:#ccd9e3;text-decoration-color:#ccd9e3;}.css-1rh1sk1 a:visited{color:#333;-webkit-text-decoration-color:#ccc;text-decoration-color:#ccc;}.css-1rh1sk1 a:hover{-webkit-text-decoration:none;text-decoration:none;}In last year’s election, while Republicans won Texas easily — Mr. Trump carried the state by more than 630,000 votes and the party maintained control of both chambers of the Legislature — turnout soared in cities and densely populated suburbs, which are growing increasingly Democratic. In Harris County, one of the biggest counties in the country, turnout jumped by nearly 10 percent.Republicans’ initial version of the bill put those densely populated counties squarely in the cross hairs, seeking to ban measures put in place during the 2020 election that helped turnout hit record numbers. The initial bill banned drive-through voting, a new method used by 127,000 voters in Harris County, as well as 24-hour voting, which was held for a single day in the county and was used by roughly 10,000 voters.While those provisions were left out of an earlier version of the bill as it made its way through the Legislature, they were reinstated in the final version of the bill, though the bill does allow for early voting to begin as early as 6 a.m. and continue until as late as 9 p.m. on weekdays. It also maintains at least two weekend days of early voting. More than any other state, Texas has also gone to great lengths to grant more autonomy and authority to partisan poll watchers. The observers have been a cornerstone of American voting for years, viewed as a watchdog for election officials, but their role has grown increasingly contentious, especially in Texas. Republican poll watchers have been egged on in particular by Mr. Trump, who implored them to go to major cities across the country and hunt for nonexistent voter fraud.Across Texas during the 2020 election, there was an increase in anecdotal complaints of aggressive poll watchers, often on the Republican side, harassing both voters of color and election officials.The new bill would make it a crime to refuse to admit the observers to voting sites or to block their ability to fully watch the process. It says poll watchers must be able to “sit or stand [conveniently] near enough to see and hear the election officers.”It would also make it easier for partisan poll watchers to successfully pursue legal action if they argue that they were wrongfully refused or obstructed.In addition, the bill would limit who can vote absentee by mail in Texas, which does not have universal, no-excuse absentee voting. The bill states that those with a disability may vote absentee, but a voter with “an illness, injury or disability that does not prevent the voter from appearing at the polling place on election day” may not do so.Amid the new restrictions are multiple provisions that provide greater transparency into election administration. Counties must now provide video surveillance of ballot-counting facilities, and they must eventually make those videos available to the public. Discussions with voting equipment vendors must also be available to the public.During the debate before Sunday’s vote in the State Senate, Senator Royce West, a Democrat from Dallas, raised concerns that a provision barring voting before 1 p.m. on Sundays would limit “souls to the polls” organizing efforts that are popular with Black churches. Mr. Hughes said that clause was intended to allow poll workers to go to church.Mr. West noted that a separate bill passed by the Legislature will allow the sale of beer and wine starting at 10 a.m., two hours earlier than current law permits.“We’re going to be able to buy beer at 10 o’clock in the morning, but we can’t vote until one o’clock,” Mr. West said.Austin Ramzy and Anna Schaverien contributed reporting. More

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    Prosecutors Investigating Whether Ukrainians Meddled in 2020 Election

    The Brooklyn federal inquiry has examined whether former and current Ukrainian officials tried to interfere in the election, including funneling misleading information through Rudolph W. Giuliani.Federal prosecutors in Brooklyn have been investigating whether several Ukrainian officials helped orchestrate a wide-ranging plan to meddle in the 2020 presidential campaign, including using Rudolph W. Giuliani to spread their misleading claims about President Biden and tilt the election in Donald J. Trump’s favor, according to people with knowledge of the matter. More

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    Justice Dept. Fights to Keep Secret a Memo on Clearing Trump in Russia Inquiry

    The move put the Biden administration in the position of defending the secrecy of a memo related to the disputed decision to clear President Donald J. Trump.WASHINGTON — The Biden administration has decided to fight a legal battle to keep secret most of a Trump-era Justice Department memo related to Attorney General William P. Barr’s much-disputed declaration in 2019 that cleared President Donald J. Trump of illegally obstructing justice in the Russia investigation.In a late-night filing on Monday, the Justice Department appealed part of a scathing district court ruling that ordered it to make public the entire memo. Two senior department officials wrote the document at the same time that they were helping Mr. Barr draft a letter to Congress claiming that the evidence in the report, which was still secret at the time, was insufficient to charge Mr. Trump with a crime.The still-redacted portion of the document examines nearly a dozen episodes presented as raising obstruction of justice concerns that were detailed in the report by the special counsel, Robert S. Mueller III, and has at least two sections, according to two people briefed on it.One laid out potential legal theories under which Mr. Trump could have been prosecuted, the people said. The other examined whether the evidence for any of the episodes constituted proof beyond a reasonable doubt. The memo is said to conclude that no charge was viable.The decision to keep hiding that analysis from public scrutiny puts the Biden administration in the politically awkward position of trying to cover up a record that would shed new light on an act by Mr. Barr that Democrats consider notorious. But it also enables the department to defend two institutional interests: its ability to keep internal legal analysis secret and the actions of career officials whom a judge accused of misleading the court.The Justice Department did release the first page and a half of the nine-page memo. While Mr. Mueller had declined to render a judgment about whether to prosecute Mr. Trump because the department’s policy was not to charge a sitting president, the memo said that Mr. Barr should offer his opinion of the evidence to shape public understanding of the report.“Although the special counsel recognized the unfairness of levying an accusation against the president without bringing criminal charges, the report’s failure to take a position on the matters described therein might be read to imply such an accusation if the confidential report were released to the public,” wrote Steven A. Engel and Edward C. O’Callaghan, two senior Justice Department officials during the Trump administration.The department also consented to releasing additional portions of the ruling this month by Judge Amy Berman Jackson, in which she had labeled its previous filings to her about the memo as “disingenuous.” Portions of her ruling that discussed the first part of the memo had been redacted.The court on Tuesday unsealed a more fulsome version of the ruling. It revealed that Judge Jackson had also accused the department of having “deliberately obscured” material in the memo that contradicted the notion that Mr. Barr needed to offer a public opinion about the prosecutorial merit of the evidence amassed by Mr. Mueller. The exercise, she said, was instead “purely hypothetical” and fundamentally about “getting a jump on public relations.”Noting that she had discovered the existence of this first part of the memo only after she insisted on reading it for herself rather than relying on the department’s representations about it, Judge Jackson also wrote: “D.O.J. made a strategic decision to pretend as if the first portion of the memorandum was not there and to avoid acknowledging that what the writers were actually discussing was how to neutralize the impact of the report in the court of public opinion.”The new Justice Department filing apologized for — but also defended — its Barr-era assertions to the court about the memo. It said that department officials could have been clearer, but that they were nevertheless accurate on the central legal question: whether the nature of the memo was pre-decisional and deliberative and thus exempt from disclosure. Any missteps, it argued, did not warrant releasing the entire document.Mr. Barr’s claim that the evidence did not show that Mr. Trump had committed any chargeable crime of obstruction has been widely criticized as deeply misleading. Among other fallout, a government watchdog group, CREW, filed a Freedom of Information Act lawsuit in the United States District Court in Washington seeking disclosure materials about the matter, leading to the fight over the memo.The Mueller report itself — which Mr. Barr permitted to become public weeks after his letter to Congress created an impression that the fruits of the inquiry had cleared Mr. Trump of obstruction — detailed several actions by Mr. Trump that many legal specialists say were sufficient to ask a grand jury to indict him on charges of obstruction of justice.Those actions included Mr. Trump’s attempt to bully his White House counsel, Donald F. McGahn II, into putting out a statement or writing a memo that would falsely deny that the president had directed him to fire Mr. Mueller — effectively falsifying evidence that would have contradicted Mr. McGahn’s witness testimony about that event.Mr. McGahn, who refused to relay directions to remove Mr. Mueller and to later falsely deny that episode, according to the Mueller report, will privately testify next week before the House Judiciary Committee about such matters.Mr. Trump’s actions also included dangling a potential pardon to his former campaign chairman, Paul Manafort, to encourage him not to cooperate with investigators.Mr. Trump later pardoned Mr. Manafort, who had refused to cooperate with Mr. Mueller about certain key matters.Testifying before the Senate Judiciary Committee in May 2019, Mr. Barr offered some explanations for why he did not think charges were merited for a few of the 10 episodes that the Mueller report had recounted as raising obstruction concerns. One of the people said that testimony drew upon and dovetailed with the still-hidden portions of the memo.“We took each of the 10 episodes, and we assessed them against the analytical framework that had been set forth by the special counsel,” Mr. Barr said at the time. “And we concluded that the evidence developed during the special counsel’s investigation was not sufficient to establish that the president committed an obstruction of justice offense.”For example, several episodes centered on Mr. Trump’s use, or attempted use, of his power to remove subordinate officials in the executive branch. They included his firing in 2017 of the F.BI. director James B. Comey Jr. — the act that led to Mr. Mueller’s appointment — and his unsuccessful efforts to persuade subordinates to have Mr. Mueller fired.Mr. Barr testified that “as a matter of law,” the obstruction statutes enacted by Congress did not limit the president’s power to remove a special counsel.That view, which is contested, comports with his own sweeping theory of presidential power. Still, in the deliberations, department officials also focused on the lack of historical precedent for prosecuting a current or former president for firing a subordinate, the two people said.In his testimony, Mr. Barr also maintained that the evidence was insufficient to prove that Mr. Trump had deliberately sought to criminally obstruct the investigation, apart from legal theories.For example, Mr. Barr said, a major reason that Mr. Trump fired Mr. Comey was his “refusal to tell the public what he was privately telling the president, which was that the president was not under investigation.” Mr. Trump’s rationale for trying to fire Mr. Mueller was a purported conflict of interest, and had Mr. Trump succeeded, Mr. Barr said, a replacement would “presumably” have been appointed.But the Trump Justice Department never made public its comprehensive analysis of all the episodes the Mueller report laid out. That is the analysis the Biden administration is seeking to keep secret.Judge Jackson had given the department until Monday night to respond to her order to disclose the memo — and, by extension, her finding that officials had been “disingenuous to this court” about its nature in court filings by arguing that it could be lawfully kept secret.In addition to officials omitting the existence of the first part of the memo in descriptions of it that were submitted to her, Judge Jackson also blasted the characterization of the document as pre-decisional. Mr. Barr, she wrote, had already decided not to initiate any prosecution of Mr. Trump when the memo was written, and it was instead about strategy and arguments that could be mustered to support that decision.In its filing, the Biden Justice Department said that the previous filings “could have been clearer, and it deeply regrets the confusion that caused.” But it also insisted that the department’s “declarations and briefs were accurate and submitted in good faith.”The department also put forward a narrow view of the problems with its previous statements about the memo, focusing on imprecision about whether Mr. Barr had been considering whether to commence a prosecution of Mr. Trump at that moment — as it had suggested in some places — or whether he was opining on whether Mr. Trump could be charged after he left office.Although Mr. Engel and Mr. O’Callaghan completed the memo after Mr. Barr had decided to say the evidence would not support obstruction charges, the department argued that the legal analysis portion of the memo memorialized advice they had provided before Mr. Barr made that decision.“The government acknowledges that its briefs could have been clearer, and it deeply regrets the confusion that caused,” the Biden Justice Department’s filing said. “But the government’s counsel and declarants did not intend to mislead the court, and the government respectfully submits” that any missteps still did not warrant releasing the entire memo.Katie Benner More

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    Long After Trump’s Loss, a Push to Inspect Ballots Persists

    Efforts to review 2020 ballots in Georgia and Arizona reflect the staying power of Donald Trump’s falsehoods, and Democrats fear that the findings could be twisted by Republicans.Georgia has already counted its 2020 presidential vote three times, with the same result: President Biden defeated Donald J. Trump narrowly yet decisively. But now portions of the vote will be inspected for a fourth time, after a judge ruled late last week that a group of voters must be allowed to view copies of all 147,000 absentee ballots cast in the state’s largest county.The move carries limited weight. The plaintiffs, led by a known conspiracy theorist, will have no access to the actual ballots, Georgia’s election results have already been certified after recounts and audits showed Mr. Biden as the winner with no evidence of fraud, and the review will have no bearing on the outcome.But the order from Judge Brian Amero of Henry County Superior Court was a victory for a watchdog group of plaintiffs that has said it is in search of instances of ballot fraud, parroting Mr. Trump’s election lies. Election officials in Fulton County, which contains most of Atlanta, worry that if such a review does occur there, it could cast further doubt on the state’s results and give Republican lawmakers ammunition to seek greater power over the administration of elections.“Where does it end? It’s like a never-ending circus, this big lie,” Robb Pitts, the Democratic chairman of the Fulton County Board of Commissioners, said in an interview on Monday. “When they were accusing Fulton County and me in particular, I listened and I said — I said to the president, his representatives and I said to the secretary of state: ‘If you have evidence of any wrongdoing, bring it to me. If you do not, put up or shut up.’ And I repeat that again today.”The ruling in Georgia, a state that for months has weathered attacks from Mr. Trump and his allies as they falsely claimed the election had been stolen, coincided with a widely criticized Republican-led recount of over two million ballots cast in Maricopa County, Ariz., the largest county in another state that stunned Republicans by tipping to Mr. Biden last year after decades of G.O.P. dominance in presidential elections.That recount, which was approved by the Arizona state government and funded privately, resumed on Monday despite wide and bipartisan denunciations of the effort as a political sham and growing evidence that it is powered by “Stop the Steal” allies of Mr. Trump’s.The Arizona Republic reported on Saturday that volunteers being recruited to help recount the Maricopa ballots were being vetted by an organization set up by Patrick M. Byrne, the former chief executive of the online retailer Overstock.com and a prominent purveyor of conspiracy theories that the 2020 election was stolen from Mr. Trump.On Monday, an independent nonprofit news outlet, azmirror.com, reported that the organization conducting the hand recount, Wake Technology Services, had been hired in December for an election audit in Pennsylvania by a nonprofit group run by Sidney Powell, a onetime member of Mr. Trump’s legal team and prominent purveyor of conspiracy theories about the election.Late Monday, Mr. Trump continued to rail against the election results, citing the Arizona recount and the Georgia court ruling. “More to follow,” he said in a statement issued by his office. The efforts to continue questioning the legitimacy of the election in two critical battleground states, nearly seven months after voting concluded, illustrate Mr. Trump’s hold over the Republican Party and the staying power of his false election claims. Even though Mr. Trump is not directly involved in the continued examinations of votes in Arizona and Georgia, his supporters’ widespread refusal to accept the reality of Mr. Biden’s victory has led fellow Republicans to find new and inventive ways to question and delegitimize the 2020 results.A recount of over two million ballots cast in Maricopa County, Ariz., the state’s largest, was paused this month and resumed on Monday.Courtney Pedroza for The New York TimesLeading the Georgia ballot review effort is Garland Favorito, a political gadfly in Georgia who has lingered on the conspiracy fringe of American politics for decades. In 2002, he published a book questioning the origin of the attacks of Sept. 11, 2001. He has also trafficked in unproven theories about the Kennedy assassination and, in 2014, he appeared in a video promoting the idea that the 14th Amendment was itself unconstitutional and argued that the federal government was therefore illegitimate and should be overthrown.In an interview, Mr. Favorito cited his “15 years” of experience as a self-styled elections investigator, saying he had been first motivated by Georgia’s purchase of new election machines that did not maintain paper-ballot records. He said that his concerns about the 2020 election stemmed in large part from affidavits filed by former election officials who claimed that they had handled ballots that appeared to be counterfeit because they were either not folded, appeared to be marked by a machine, or were printed on different stock. (There is no evidence of widespread use of counterfeit ballots.)Though Mr. Favorito refused to accept the findings of the recounts and audits already done in Georgia, he said he would be satisfied if, after inspecting the ballot copies, he and his team found no problems.“Once we find out the truth, if the results were correct, we can all go home and sleep at night knowing that it was right all along,” Mr. Favorito said.But he does not view leading Republicans in Georgia — some of whom, like former Senator Kelly Loeffler, have been vocally supportive of his efforts — as allies.“The Republican establishment hasn’t reached out, whatsoever,” he said, adding that he had not voted for Mr. Trump but for a third-party candidate. And the funding for the inspection, he said, would come from “patriots” making small-dollar donations. “We don’t have any big money.”The spread and repetition of false claims about the election follows familiar patterns for disinformation, which often occupies segmented corners of the internet and social media. Forces both algorithmic and organic will surface content — such as theories of election fraud based on grainy social media videos or anonymous allegations — for people who are inclined to agree with it.But what have further fueled Mr. Trump’s election claims, aside from his continued public pronouncements, are the many lawsuits filed by the former president and his allies after the 2020 election.“Even though all of the lawsuits got thrown out, the Trump campaign did file a whole bunch of baseless lawsuits, which adds a layer of legitimacy when you’re reading about a lawsuit that’s been filed versus some rumor, allegation or piece of content online,” said Lisa Kaplan, the founder of Alethea Group, a company that helps fight misinformation. “It ratchets it up a notch.”The Georgia effort could also yet extend beyond the Republican echo chamber in which the 2020 election is still being litigated. The state’s new election law ensures that the General Assembly, which is currently controlled by Republicans, has broad authority over counties through a restructured state election board. The board can, among other things, suspend county election officials.As Mr. Favorito did a victory lap on pro-Trump news outlets, he won praise from top Georgia Republicans. David J. Shafer, the pro-Trump chairman of the Georgia Republican Party, emailed fellow Republicans on Friday calling Judge Amero’s ruling “a very significant and encouraging development.”Ms. Loeffler also praised Mr. Favorito’s effort.“While there is a dire need to investigate a number of other well-documented issues, we must also inspect Fulton County’s absentee ballots to reassure Georgians that their voices are heard and their votes are counted,” she said.Even Brad Raffensperger, the Republican secretary of state in Georgia, signaled support for the inspection led by Mr. Favorito’s group.“Allowing this audit provides another layer of transparency and citizen engagement,” Mr. Raffensperger said in a statement on Friday.The support from Mr. Raffensperger, who is now running for re-election, surprised some political observers in Georgia. It was the secretary of state who stood up to the false claims of election fraud in Georgia espoused by Mr. Trump and who has highlighted the audits conducted by state government officials last year as definitive reaffirmations of the election results. His office also filed an amicus brief in the lawsuit, arguing that Mr. Favorito’s group should not be given physical ballots for security reasons, though Mr. Raffensperger took no stance on the case in his brief.“From day one, I have encouraged Georgians with concerns about the election in their counties to pursue those claims through legal avenues,” Mr. Raffensperger said in his statement.Michael Wines More

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    Giuliani Seeks to Block Review of Evidence From His Phones

    Prosecutors investigating Rudolph W. Giuliani’s work in Ukraine have seized his electronic devices, a move his lawyers are now questioning.Rudolph W. Giuliani on Monday opened a broad attack on the searches that federal investigators conducted of his home, his office and his iCloud account, asking a judge to block any review of the seized records while his lawyers determine whether there was a legitimate basis for the warrants, according a court filing made public on Monday.Mr. Giuliani’s lawyers are seeking copies of the confidential government documents that detail the basis for the search warrants, a legal long shot that they hope could open the door for them to argue for the evidence to be suppressed. Typically, prosecutors only disclose such records after someone is indicted and before a trial, but Mr. Giuliani, who is under investigation for potential lobbying violations, has not been accused of wrongdoing.A spokesman for the U.S. attorney’s office declined to comment on Monday.In a 17-page letter to the judge who authorized the searches, Mr. Giuliani’s lawyers argued that it would have been more appropriate — and less invasive — for the U.S. attorney’s office in Manhattan to seek information through a subpoena, which, unlike a warrant, would have given him an opportunity to review the documents and respond.Justice Department policy recommends that prosecutors use subpoenas when seeking information from lawyers, unless there is a concern about destruction of evidence.The defense lawyers wrote that prosecutors “simply chose to treat a distinguished lawyer as if he was the head of a drug cartel or a terrorist, in order to create maximum prejudicial coverage of both Giuliani and his most well-known client — the former president of the United States.”The lawyers also disclosed that the government had claimed in a November 2019 search warrant for Mr. Giuliani’s iCloud account that the search needed to be a secret because of concerns he might destroy records or intimidate witnesses.Though the government routinely cites concern about potential destruction of records when seeking search warrants, Mr. Giuliani’s lawyers attacked the idea that their client, himself a former federal prosecutor and onetime personal lawyer to President Donald J. Trump, would ever destroy evidence.“Such an allegation, on its face, strains credulity,” the lawyers, including Robert J. Costello and Arthur Aidala, wrote. “It is not only false, but extremely damaging to Giuliani’s reputation. It is not supported by any credible facts and is contradicted by Giuliani’s efforts to provide information to the government.”The judge who approved the warrants, J. Paul Oetken of Federal District Court, will ultimately decide whether Mr. Giuliani will have access to the confidential government materials underlying them.Mr. Giuliani’s court filing came in response to the government’s request that Judge Oetken appoint a so-called special master to review cellphones and computers seized in the search of Mr. Giuliani’s home and office in Manhattan on April 28.The special master — usually a retired judge or magistrate — would determine whether the materials contained in the devices are covered by attorney-client privilege and as a result cannot be used as evidence in the case. He or she would filter out privileged communications not only between Mr. Giuliani and Mr. Trump, but also between Mr. Giuliani and his other clients.Mr. Giuliani’s lawyers called the appointment of a special master “premature,” because they are first seeking copies of the search warrant materials.The authorities want to examine the electronic devices for communications that might reveal whether Mr. Giuliani violated lobbying laws in his dealings in Ukraine, The New York Times has reported.While serving as Mr. Trump’s personal lawyer before the 2020 presidential election, Mr. Giuliani sought to uncover damaging information on President Biden, then a leading Democratic contender.At issue is whether Mr. Giuliani was at the same time lobbying the Trump administration on behalf of Ukrainian officials who were assisting him in the search.It is a violation of federal law to lobby the U.S. government on behalf of foreign officials without registering with the Justice Department. Mr. Giuliani never registered as a lobbyist for the Ukrainians. He has maintained that he was working only for Mr. Trump.One day after the search, the U.S. attorney’s office told Judge Oetken in a letter that the F.B.I. had begun to extract materials from the seized devices but had not yet begun reviewing them.In the letter, the prosecutors said the appointment of a special master might be appropriate because of “the unusually sensitive privilege issues” raised by the searches, citing, for example, Mr. Giuliani’s representation of Mr. Trump.Communications between lawyers and their clients are generally shielded from investigators in the United States, and communications between presidents and their aides enjoy a similar protection, known as executive privilege.“Any search may implicate not only the attorney-client privilege but the executive privilege,” the office of Audrey Strauss, the U.S. attorney in Manhattan, wrote.In seeking the appointment of a special master to review Mr. Giuliani’s materials, the prosecutors cited their office’s investigation of Michael D. Cohen, another of Mr. Trump’s former lawyers.In that case, federal agents seized documents and electronic devices in an April 2018 search of Mr. Cohen’s office, apartment and hotel room. A judge appointed Barbara S. Jones, a retired judge, to determine whether those materials were off-limits to investigators because of attorney-client privilege.Ms. Jones ultimately concluded that only a fraction of Mr. Cohen’s materials were privileged and that the rest could be provided to the government. That August, Mr. Cohen pleaded guilty to campaign finance violations and other crimes. More

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    ‘We Can’t Indulge These Insane Lies’: Arizona G.O.P. Split on Vote Audit

    Top local Republicans are hitting back at Donald J. Trump and fellow party members in the State Senate over a review of Arizona ballots.For weeks, election professionals and Democrats have consistently called the Republican-backed review of November voting results in Arizona a fatally flawed exercise, marred by its partisan cast of characters and sometimes bizarre methodology.Now, after a week in which leaders of the review suggested they had found evidence of illegal behavior, top Republicans in the state’s largest county have escalated their own attacks on the effort, with the county’s top election official calling former President Donald J. Trump “unhinged” for his online comments falsely accusing the county of deleting an elections database.“We can’t indulge these insane lies any longer,” the official, Stephen Richer, the Maricopa County recorder and a Republican, wrote on Twitter. “As a party. As a state. As a country. This is as readily falsifiable as 2+2=5.”Three times, the county has investigated and upheld the integrity of the November vote, which was supervised by Mr. Richer’s predecessor, a Democrat.It is not the first time Republicans in county government have been at odds with the Republicans in the Legislature over the review of the vote. But Mr. Richer is among various Republicans in Maricopa County sounding like they have run out of patience.The five elected supervisors, all but one of whom are Republicans, plan to meet on Monday afternoon to issue a broadside against what Republican sponsors in the State Senate have billed as an election audit, which targets the 2.1 million votes cast in November in metropolitan Phoenix and outlying areas. The planned meeting follows a weekend barrage of posts on Twitter, with the hashtag #RealAuditorsDont, in which the supervisors assailed the integrity of the review.Those posts followed a letter from the leader of the audit, State Senator Karen Fann, implying that the county had removed “the main database for all election-related data” from election equipment that had been subpoenaed for review. Mr. Trump later published the letter on his website, calling it “devastating” evidence of irregularities.The supervisors’ Twitter rebuke was scathing. Real auditors don’t “release false ‘conclusions’ without understanding what they are looking at,” one post said, ridiculing the allegation of a deleted database. Nor do real auditors “hire known conspiracy theorists,” a reference to the firm hired to manage the review, whose chief executive has promoted theories that rigged voting machines caused Mr. Trump’s loss in Arizona.The Arizona Senate president, Karen Fann, has defended the ballot review. Ross D. Franklin/Associated PressJack Sellers, the Republican chairman of the board of supervisors, issued a statement calling the suggestion that files were deleted “outrageous, completely baseless and beneath the dignity of the Arizona Senate,” which ordered the audit. In an interview, he said the meeting on Monday would refute claims in the letter from Ms. Fann, the Senate president.“Basically, every one of our five supervisors said, ‘Enough is enough,’” Mr. Sellers said in an interview on Sunday. “What they’re suggesting is not just criticism. They’re saying we broke the law. And we certainly did not.”The real target of the accusations, he said in the interview, “are the professionals who run the elections, people who followed the rules and who did an incredible job in the middle of a pandemic.“A lot of the questions being asked right now have been answered,” he said of those challenging the November results. “But the people asking them don’t like the answers, so they keep on asking.”At issue is the Maricopa County vote. But Ms. Fann’s letter raises the prospect that an exercise dismissed by serious observers as transparently partisan and flawed could become a potent weapon in the continuing effort by Mr. Trump and his followers to undermine the legitimacy of the vote in Arizona, and perhaps elsewhere.The review has no formal electoral authority and will not change the results of the election in Arizona, no matter what it finds.One poll by High Ground, a Phoenix firm well known for its political surveys, concluded this spring that 78 percent of Arizona Republicans believe Mr. Trump’s false claims that President Biden did not win the November election. A recent Monmouth University poll found that almost two-thirds of Republicans nationally believe that Mr. Biden did not legitimately win the 2020 election. More than six in 10 Americans overall believe that he did.Beyond the dispute over supposedly deleted files, Ms. Fann is also pressing the county and the manufacturer of its voting machines, Dominion Voting Systems, to release passwords for vote tabulating machines and county-operated internet routers.Dominion, which has been fighting a series of election-fraud conspiracy theories promoted by Trump supporters and pro-Trump news outlets, has said it will cooperate with federally certified election auditors. But it has spurned the firms hired to conduct the Arizona vote review, whose track record in election audits is scant at best.Maricopa County officials have refused to turn over router passwords, which the auditors say they need to determine whether voting machines were connected to the internet and subject to hacking. County officials say past audits have settled that question. The county sheriff, Paul Penzone, called the demand for passwords “mind-numbingly reckless,” saying it would compromise law enforcement operations unrelated to the election.The review has no formal electoral authority and will not change the results of the election in Arizona, no matter what it finds.Pool photo by Matt YorkThe election review was born in December as an effort by Republican senators to placate voters who had embraced Mr. Trump’s lie that Mr. Biden’s 10,457-vote victory in the state was a fraud. Maricopa County, where two-thirds of the state’s votes were cast, was chosen in part because Republicans refused to believe that Mr. Biden had scored a 45,000-vote victory in a county that once was solid G.O.P. territory.What once seemed an effort to mollify angry supporters of Mr. Trump, however, has become engulfed in acrimony as Ms. Fann and other senators have steered the review in a decidedly partisan direction, hiring as its manager a Florida company, Cyber Ninjas, whose chief executive had previously suggested that rigged voting machines caused Mr. Trump’s Arizona loss.An accounting of the review’s finances remains cloudy, but far-right supporters, including the ardently pro-Trump cable news outlet One America News, have raised funds on its behalf. Nonpartisan election experts and the Justice Department have cited troubling indicators that the review is open to manipulation and ignores the most basic security guidelines.Most Arizona Republican officials who have spoken publicly have doggedly supported the review. But State Senator Paul Boyer, a Republican from a suburban Phoenix district evenly split between Republicans and Democrats, made headlines last week after saying that the conduct of the review made him embarrassed to serve in the State Senate.Senator T.J. Shope, another Republican from a Phoenix swing district, has been more circumspect, saying he believed Mr. Biden’s election was legitimate but that he had been too busy to follow the controversy. But in a Twitter post on Saturday, he wrote that Mr. Trump was “peddling in fantasy” by suggesting that the county’s election records had been nefariously deleted.The Maricopa County vote review has been forced to suspend operations this week while the Phoenix work site, a suburban coliseum, is cleared out to host high school graduations. Mr. Sellers, the chairman of the board of supervisors, said he hoped the supervisors’ effort to refute the review’s claims on Monday would be the end of the affair.“It’s clearer by the day: The people hired by the Senate are in way over their heads,” his statement said. “This is not funny; it’s dangerous.” More