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    Where Biden’s Justice Department Isn’t Breaking From Trump

    Democratic gripes are increasing, as some critics worry that the department is rubber-stamping Trump-era policies.The political news cycle hit home in rare fashion on Monday as the attorney general, Merrick B. Garland, met with newsroom leaders from The Times, CNN and The Washington Post to discuss how the administration was responding to revelations that Donald J. Trump’s Department of Justice had secretly sought information on reporters and their sources.When a Justice Department gets into the business of seizing reporters’ phone records and trying to track down leakers, while putting gag orders on the news organizations whose records it’s seizing, it’s hard not to wonder about the health of the First Amendment.So with the revelations now public, Mr. Garland vowed to act. Speaking to members of the Senate Appropriations Committee at a budget hearing last week, he pledged that he would institute new policies that were “the most protective of journalists’ ability to do their jobs in history.”In Monday’s meeting, the leaders of the news organizations pushed Mr. Garland to pursue accountability for the administration officials who had worked to target journalists and whistle-blowers; Mr. Garland’s responses were kept off the record.But legal watchdogs and advocates of criminal justice reform say this is far from the only area of concern. They are pointing to a few major areas in which Mr. Garland’s Justice Department has elected to defend Trump-era policies, particularly those orchestrated by former Attorney General William P. Barr.Mr. Garland has stepped up enforcement of civil rights laws, and he is leading investigations into some major municipal police departments suspected of systematic misconduct. He announced last week that he would take aggressive steps to protect voting rights.But on a range of other issues, there are gripes coming from within the president’s own party. Some critics have expressed worry that his Department of Justice was rubber-stamping policies that sought to expand the president’s legal immunities, turn back progressive action on racial justice and restrict immigrants’ ability to enter the country legally.Trump, E. Jean Carroll and presidential protectionsDuring Mr. Trump’s presidency, Mr. Barr sought to help Mr. Trump try to fight off a sexual assault accusation from the journalist and advice columnist E. Jean Carroll.After she publicly made the allegation, in 2019, Mr. Trump said in an interview from the Oval Office that Ms. Carroll was “not my type,” and that he’d never assaulted her. She then filed suit, accusing him of slandering her.Mr. Barr argued in court that Mr. Trump had been acting as an employee of the federal government when he made the comments, and was therefore shielded from charges of slander and libel.The case was still pending when President Biden took office. And this month, Mr. Garland’s Justice Department lamented Mr. Trump’s “crude and disrespectful” remarks, but it said that his administration had been right to argue that he could not be sued over them.Mueller’s findings and the ‘Barr memo’Prominent Democrats had also urged Mr. Garland not to fight a federal judge’s ruling demanding that a classified report that Mr. Barr had requested be made public. Known as the “Barr memo,” the document argues that he should tell the public that Mr. Trump’s efforts to impede the Russia investigation — as lain out in the report by the special counsel, Robert S. Mueller III — cannot be charged as obstruction of justice, and offers legal analysis in support of that claim.Mr. Trump’s foes scored a major victory last month, when, in a blistering decision, Judge Amy Berman Jackson of the U.S. District Court in Washington ordered the memo to be made public, accusing the Trump administration of “disingenuous” reasoning. In a public letter last month, Democrats on the Judiciary Committee asked Mr. Garland not to appeal Judge Jackson’s decision, “in order to help rebuild the nation’s trust” in the Justice Department.But Mr. Garland soon announced that he would indeed appeal it, seeking to keep secret most of the memo — the portion laying out the legal analysis for why none of potential obstruction episodes in the Mueller report rose to a chargeable crime — and citing “the irreparable harm that would be caused by the release of the redacted portions of the document.”Much like Barack Obama’s choice, in 2009, not to systematically pursue accountability for members of the Bush administration over their invasive surveillance policies, or the mistreatment of military prisoners during the war on terror, the Biden administration’s move on the Barr memo was seen as an attempt to protect the narrow institutional interests of the Justice Department and to move on.Gun prosecutions in D.C.Many proponents of racial justice were dismayed this spring when Mr. Garland’s Justice Department announced it would continue Mr. Trump’s policy of using the federal courts to prosecute gun crimes in the District of Columbia, not the city’s own justice system.That policy, enacted in 2019, had reversed decades of tradition in the nation’s capital, where the lead prosecutor is a federal appointee but most crimes are typically tried in city courts.At a moment when the D.C. Council had been passing laws to undo the effects of mass incarceration, the Trump administration’s move disproportionately affected African-American men, as Black people account for a vast majority of those brought up on gun charges in the nation’s capital. Average sentences for these crimes are roughly twice as high in the federal court system.“That’s why it’s so surprising that the administration stuck with it: because this is an issue that touches on mass incarceration, racial injustice and D.C. rights,” Andrew Crespo, a Harvard Law School professor who has been involved in the effort to roll back the Trump policy, said in an interview.A group of 87 former federal prosecutors signed a letter in May urging the Justice Department to abandon the practice, but so far it hasn’t changed its position.Immigration policiesMr. Garland’s Justice Department has also continued some Trump policies that prevent immigrants trying to enter the U.S. from having access to certain legal rights.One policy, which was enacted at the end of Mr. Trump’s presidency by the department’s immigration review office, concentrates decision-making power underneath a political appointee and can prevent immigrants seeking to remain in the U.S. from presenting certain evidence that could help them from being deported.Lawyers for Mr. Garland’s Justice Department have repeatedly argued to uphold the rule, resisting lawsuits from proponents of immigration rights in two separate district courts.Biden administration lawyers have also argued in court on behalf of a policy that prevents immigrants with temporary protected status from gaining green cards with the support of their employer. The Biden administration has also sought to end protected status for hundreds of thousands of people from El Salvador and other countries.Lee Gelernt, the deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, pointed to the fact that Mr. Garland’s Justice Department had agreed to defend former members of the Trump administration, including Jeff Sessions and Stephen Miller, in lawsuits seeking damages for harm caused by the family-separation policy.It is customary for former federal officials to have access to Justice Department representation, but Mr. Gelernt said that the family-separation policy went beyond the pale, and suggested a need to re-examine old precedent where some of the Trump administration’s policies are concerned.“For the Biden D.O.J. to choose to represent the people who did the family-separation practice is deeply troubling,” he said. A voting rights coalition urges corporations to stop funding ALEC, the conservative group.A coalition of more than 300 voting rights groups, civil rights advocates and labor leaders has written a letter to multiple major corporations in the U.S. demanding that they cease their financial support of the American Legislative Exchange Council, or ALEC, an influential conservative group funded by businesses.The three-page letter accuses the group of engaging in partisan gerrymandering and of playing a central role in the crafting of legislation in states across the country that would introduce a raft of new voting restrictions.“Your continued financial support of ALEC is an active endorsement of these efforts to create more barriers to the freedom to vote and weaken representation for the American people in government,” the letter states. “Intended or not, the money your company is contributing to ALEC helps fund this modern Jim Crow effort.”The letter comes as multiple groups seeking to slow the attack on access to the ballot have sought to pressure major businesses to take a more proactive role in pushing back on new voting laws. In Georgia, a coalition of faith leaders called for a boycott of Home Depot after it did not actively oppose the state’s new voting law.But even as some businesses have spoken up, it has rarely had a significant impact. A broad coalition of major corporations last month called on Texas to expand voting access, only to see the state’s Legislature continue to work toward a final bill of voting restrictions.The letter on Monday focusing on funding for ALEC, a regular target of liberal groups, signals a broadening of the activism aimed at weakening or halting new voting bills, taking the battle beyond state legislatures and members of Congress and to the broader ecosystem that has been powering the monthslong push to enact new voting laws.On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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    Senate Confirms Top Biden Judge as McConnell Threatens Future Nominees

    As Ketanji Brown Jackson became the president’s first appellate judge, Senator Mitch McConnell suggested he would block a Biden Supreme Court pick in 2024 if Republicans gained the majority.The Senate confirmed Judge Ketanji Brown Jackson on Monday to the influential U.S. Court of Appeals for the District of Columbia Circuit, giving President Biden his first pick on an appeals court even as the Senate Republican leader threatened future roadblocks for Biden administration judicial nominees.Following her approval by a bipartisan vote of 53 to 44, Judge Jackson, who served as a federal district judge, will join the court regarded as the second highest in the land, and considered an incubator for Supreme Court justices. She is widely considered a potential nominee for the Supreme Court should a vacancy occur during the tenure of Mr. Biden, who has promised to appoint the first African-American woman as a justice.“She has all the qualities of a model jurist,” Senator Chuck Schumer, Democrat of New York and the majority leader, said as he urged her approval. “She is brilliant, thoughtful, collaborative and dedicated to applying the law impartially. For these qualities, she has earned the respect of both sides.”Her approval came as Senator Mitch McConnell of Kentucky, the Republican leader, threatened to open a new front in the judicial wars that have rocked the Senate for decades. In an interview with the conservative radio commentator Hugh Hewitt, Mr. McConnell said Republicans would most likely block any Supreme Court nominee put forward by Mr. Biden in 2024 if Republicans regained control of the Senate in next year’s elections and a seat came open.“I think in the middle of a presidential election, if you have a Senate of the opposite party of the president, you have to go back to the 1880s to find the last time a vacancy was filled,” Mr. McConnell said. “So I think it’s highly unlikely.”His position was not surprising, since it was in line with his refusal in 2016 to consider President Barack Obama’s Supreme Court nomination of Merrick B. Garland, now the attorney general, saying it was too close to the presidential election even though the vacancy occurred in February. But it was nevertheless striking, given that Mr. McConnell was the architect of the strategy that allowed former President Donald J. Trump to fill a Supreme Court vacancy in the final six weeks before he stood for re-election.As for what would happen if a seat became open in 2023 and Republicans controlled the Senate, Mr. McConnell stopped short of declaring that he would block Mr. Biden from advancing a nominee so long before the election, but he left the door open to the possibility. “Well, we’d have to wait and see what happens,” Mr. McConnell said.Stonewalling a nominee in the year before a presidential election would amount to a significant escalation in the judicial wars.Senator Mitch McConnell, the Republican minority leader, said he is likely to block any Supreme Court nominee put forward by President Biden in 2024 if his party regains control of the Senate next year.Stefani Reynolds for The New York TimesMr. McConnell’s pronouncements will most likely amplify calls from progressive activists for Justice Stephen G. Breyer to retire while Democrats hold the Senate and can push through a successor. Justice Breyer, 82, an appointee of President Bill Clinton, has resisted calls to step aside. Justices often time their retirements to the end of the court’s term, which comes in two weeks.Mr. McConnell’s position in 2016 stood in stark contrast to the one he took last year when Senate Republicans, still in the majority, rushed through the confirmation of Justice Amy Coney Barrett just days before the presidential election, racing to fill the vacancy created by the death in September of Justice Ruth Bader Ginsburg..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-w739ur{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-w739ur{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-w739ur{font-size:1.25rem;line-height:1.4375rem;}}.css-9s9ecg{margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-uf1ume{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-box-pack:justify;-webkit-justify-content:space-between;-ms-flex-pack:justify;justify-content:space-between;}.css-wxi1cx{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-flex-direction:column;-ms-flex-direction:column;flex-direction:column;-webkit-align-self:flex-end;-ms-flex-item-align:end;align-self:flex-end;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}Republicans who had banded together in 2016 at Mr. McConnell’s urging and declared that it was not appropriate to confirm a Supreme Court nominee during an election year had remarkable conversions in the case of Judge Barrett. The Republican leader insisted that he had not changed his position, arguing that because Mr. Obama was a Democrat, it was entirely appropriate for members of his party to block his nominee.“What was different in 2020 was we were of the same party as the president,” Mr. McConnell told Mr. Hewitt. “And that’s why we went ahead with it.”Mr. McConnell’s decision to block Mr. Obama from filling the vacancy caused by the death of Justice Antonin Scalia was widely credited with encouraging conservatives to rally around Mr. Trump for the presidency, and ultimately allowing him to name three justices to the court, which now has a 6-to-3 conservative majority.Working in concert with the White House, Mr. McConnell and Senate Republicans also installed 54 conservative judges on the nation’s federal appeals courts, leaving Mr. Biden and Senate Democrats with significant ground to make up as they try to compensate for the conservative success of the Trump era.Senator Richard J. Durbin, Democrat of Illinois and chairman of the Judiciary Committee, called Judge Jackson “the first of many circuit court nominees we will confirm in this Congress.”Judge Jackson will now claim a seat on a court that is particularly prominent because of its routine involvement in Washington policy disputes and national security matters. She and other pending judicial nominees are part of a concerted effort by the Biden administration to diversify the federal courts, both in terms of the nominees themselves and their professional backgrounds.Judge Jackson counted being a public defender among her multiple legal jobs before becoming a federal judge, a role that her supporters note is different from the prosecutorial experience of many sitting on the federal bench.“Our judiciary has been dominated by former corporate lawyers and prosecutors for too long, and Judge Jackson’s experience as a public defender makes her a model for the type of judge President Biden and Senate Democrats should continue to prioritize,” said Christopher Kang, the chief counsel for the progressive group Demand Justice.Such experience has been an obstacle for judicial nominees in the past, and Republican opponents raised questions about her defense work at her confirmation hearing.Judge Jackson will replace Mr. Garland, who remained on the appellate court after his Supreme Court nomination was stymied before becoming attorney general. Mr. Biden has not named his choice for a second vacancy on the prestigious appeals court. More

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    In Congress, Republicans Shrug at Warnings of Democracy in Peril

    As G.O.P. legislatures move to curtail voting rules, congressional Democrats say authoritarianism looms, but Republicans dismiss the concerns as politics as usual.WASHINGTON — Senator Christopher S. Murphy concedes that political rhetoric in the nation’s capital can sometimes stray into hysteria, but when it comes to the precarious state of American democracy, he insisted he was not exaggerating the nation’s tilt toward authoritarianism.“Democrats are always at risk of being hyperbolic,” said Mr. Murphy, Democrat of Connecticut. “I don’t think there’s a risk when it comes to the current state of democratic norms.”After the norm-shattering presidency of Donald J. Trump, the violence-inducing bombast over a stolen election, the pressuring of state vote counters, the Capitol riot and the flood of voter curtailment laws rapidly being enacted in Republican-run states, Washington has found itself in an anguished state.Almost daily, Democrats warn that Republicans are pursuing racist, Jim Crow-inspired voter suppression efforts to disenfranchise tens of millions of citizens, mainly people of color, in a cynical effort to grab power. Metal detectors sit outside the House chamber to prevent lawmakers — particularly Republicans who have boasted of their intention to carry guns everywhere — from bringing weaponry to the floor. Democrats regard their Republican colleagues with suspicion, believing that some of them collaborated with the rioters on Jan. 6.Republican lawmakers have systematically downplayed or dismissed the dangers, with some breezing over the attack on the Capitol as a largely peaceful protest, and many saying the state voting law changes are to restore “integrity” to the process, even as they give credence to Mr. Trump’s false claims of rampant fraud in the 2020 election.They shrug off Democrats’ warnings of grave danger as the overheated language of politics as usual.“I haven’t understood for four or five years why we are so quick to spin into a place where part of the country is sure that we no longer have the strength to move forward, as we always have in the past,” said Senator Roy Blunt of Missouri, a member of Republican leadership, noting that the passions of Republican voters today match those of Democratic voters after Mr. Trump’s triumph. “Four years ago, there were people in the so-called resistance showing up in all of my offices every week, some of whom were chaining themselves to the door.”For Democrats, the evidence of looming catastrophe mounts daily. Fourteen states, including politically competitive ones like Florida and Georgia, have enacted 22 laws to curtail early and mail-in ballots, limit polling places and empower partisans to police polling, then oversee the vote tally. Others are likely to follow, including Texas, with its huge share of House seats and electoral votes.Because Republicans control the legislatures of many states where the 2020 census will force redistricting, the party is already in a strong position to erase the Democrats’ razor-thin majority in the House. Even moderate voting-law changes could bolster Republicans’ chances for the net gain of one vote they need to take back the Senate.And in the nightmare outcome promulgated by some academics, Republicans have put themselves in a position to dictate the outcome of the 2024 presidential election if the voting is close in swing states.“Statutory changes in large key electoral battleground states are dangerously politicizing the process of electoral administration, with Republican-controlled legislatures giving themselves the power to override electoral outcomes on unproven allegations,” 188 scholars said in a statement expressing concern about the erosion of democracy.Demonstrators protesting new voting legislation in Atlanta this month. Fourteen states, including Georgia, have enacted laws to restrict practices like early voting. Brynn Anderson/Associated PressSenator Angus King, an independent from Maine who lectured on American politics at Bowdoin College before going to the Senate, put the moment in historical context. He called American democracy “a 240-year experiment that runs against the tide of human history,” and that tide usually leads from and back to authoritarianism.He said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.“This is an incredibly dangerous moment, and I don’t think it’s being sufficiently realized as such,” he said.Republicans contend that much of this is overblown, though some concede the charges sting. Senator Patrick J. Toomey, Republican of Pennsylvania, said Democrats were playing a hateful race card to promote voting-rights legislation that is so extreme it would cement Democratic control of Congress for decades.“I hope that damage isn’t being done,” he added, “but it is always very dangerous to falsely play the race card and let’s face it, that’s what’s being done here.”Mr. Toomey, who voted to convict Mr. Trump at his second impeachment trial, said he understood why, in the middle of a deadly pandemic, states sharply liberalized voting rules in 2020, extending mail-in voting, allowing mailed ballots to be counted days after Election Day and setting up ballot drop boxes, curbside polls and weeks of early voting.But he added that Democrats should understand why state election officials wanted to course correct now that the coronavirus was ebbing.“Every state needs to strike a balance between two competing values: making it as easy as possible to cast legitimate votes, but also the other, which is equally important: having everybody confident about the authenticity of the votes,” Mr. Toomey said.Mr. Trump’s lies about a stolen election, he added, “were more likely to resonate because you had this system that went so far the other way.”Some other Republicans embrace the notion that they are trying to use their prerogatives as a minority party to safeguard their own power. Senator Rand Paul of Kentucky said the endeavor was the essence of America’s system of representative democracy, distinguishing it from direct democracy, where the majority rules and is free to trample the rights of the minority unimpeded.“The idea of democracy and majority rule really is what goes against our history and what the country stands for,” Mr. Paul said. “The Jim Crow laws came out of democracy. That’s what you get when a majority ignores the rights of others.”Democrats and their allies push back hard on those arguments. Mr. King said the only reason voters lacked confidence in the voting system was that Republicans — especially Mr. Trump — told them for months that it was rigged, despite all evidence to the contrary, and now continued to insist that there were abuses in the process that must be fixed.“That’s like pleading for mercy as an orphan after you killed both your parents,” he said.Senator Angus King, an independent from Maine, said he feared the empowerment of state legislatures to decide election results more than the troubling curtailments of the franchise.Anna Moneymaker for The New York TimesSenator Tim Kaine, Democrat of Virginia, said in no way could some of the new state voting laws be seen as a necessary course correction. “Not being able to serve somebody water who’s waiting in line? I mean, come on,” he said. “There are elements that are in most of these proposals where you look at it and you say, ‘That violates the common-sense test.’”Missteps by Democrats have fortified Republicans’ attempts to downplay the dangers. Some of them, including President Biden, have mischaracterized Georgia’s voting law, handing Republicans ammunition to say that Democrats were willfully distorting what was happening at the state level.The state’s 98-page voting law, passed after the narrow victories for Mr. Biden and two Democratic candidates for Senate, would make absentee voting harder and create restrictions and complications for millions of voters, many of them people of color.But Mr. Biden falsely claimed that the law — which he labeled “un-American” and “sick” — had slapped new restrictions on early voting to bar people from voting after 5 p.m. Senator Chuck Schumer of New York, the majority leader, said the Georgia law had ended early voting on Sunday. It didn’t.And the sweep — critics say overreach — of the Democrats’ answer to Republican voter laws, the For the People Act, has undermined Democratic claims that the fate of the republic relies on its passage. Even some Democrats are uncomfortable with the act’s breadth, including an advancement of statehood for the District of Columbia with its assurance of two more senators, almost certainly Democratic; its public financing of elections; its nullification of most voter identification laws; and its mandatory prescriptions for early and mail-in voting.“They want to put a thumb on the scale of future elections,” Senator John Cornyn, Republican of Texas, said on Wednesday. “They want to take power away from the voters and the states, and give themselves every partisan advantage that they can.”Senator Mitt Romney, Republican of Utah, who could conceivably be a partner in Democratic efforts to expand voting rights, called the legislation a “fundamentally unserious” bill.Republican leaders have sought to take the current argument from the lofty heights of history to the nitty-gritty of legislation. Senator Mitch McConnell of Kentucky, the minority leader, pointed to the success of bipartisan efforts such as passage of a bill to combat hate crimes against Asian Americans, approval of a broad China competition measure and current talks to forge compromises on infrastructure and criminal justice as proof that Democratic catastrophizing over the state of American governance was overblown.But Democrats are not assuaged.“Not to diminish the importance of the work we’ve done here, but democracy itself is what we’re talking about,” said Senator Brian Schatz of Hawaii. “And to point at other bills that don’t have to do with the fair administration of elections is just an attempt to distract while all these state legislatures move systematically toward disenfranchising voters who have historically leaned Democrat.”Mr. King said he had had serious conversations with Republican colleagues about the precarious state of American democracy. Authoritarian leaders like Vladimir V. Putin, Viktor Orban and Adolf Hitler have come to power by election, and stayed in power by warping or obliterating democratic norms.But, he acknowledged, he has yet to get serious engagement, largely because his colleagues fear the wrath of Mr. Trump and his supporters.“I get the feeling they hope this whole thing will go away,” he said. “They make arguments, but you have the feeling their hearts aren’t in it.” More

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    How Democrats Should Approach the Midterm Elections

    Since most of us are sleeping better in the quietude of a sane presidency, it’s tempting to ignore the current craziness of the Republican Party. Between the QAnon wackos, the anti-vaccine conspiracy theorists, the voter suppression hard-liners, the coup enthusiasts and the election deniers, the party is showing a mash-up of madness.But here’s the scariest part of all that: They’re still likely to take the House next year during the midterm elections, and possibly the Senate, as they continue to rewrite rules in several states to make it easier to compromise fair elections.That means the Biden presidency, though riding high on a popular economic agenda and public health competence, may turn out to be a brief, single-term calm between two storms of authoritarianism.Democrats can blame themselves, in part. They’ve given just enough ammunition to Republicans that a party waging war on democracy is on the cusp of undermining much of that democracy next year.The Republican tank of ideas is full of the tired and the preposterous. Cut taxes for the wealthy. Climate change is fake. Make voting harder. And the big unifier: The 2020 presidential election was stolen. Try finding a national majority for any of that. So the Republican Party will run on what the Democrats have given them. Or at least what the far left of the party has given them.“G.O.P. candidates in 2022 will happily accuse Democratic opponents of wanting to defund the police and teach contempt for the country in schools,” wrote James A. Baker III, a venerable party operative, sketching a rosy scenario in The Wall Street Journal. It’s a powerful one-two punch: Dems will make us less safe while preaching identity politics to the kids.Republicans already control a majority of statehouses, and with them, the redistricting process. They need a net gain of only five seats to take the House, and a lone pickup to get control of the Senate.The warning signs were there in 2020, and in a recent local election in which Democrats lost in a Latino-heavy part of Texas. Joe Biden won the popular vote by more than seven million, but Democrats suffered a net loss of 11 House seats.In a post-mortem, Representative Sean Patrick Maloney, the New York Democrat overseeing his party’s congressional campaigns, told The Washington Post that the “lies and distortions about defund and socialism carried a punch.”The way to hold off the barbarians on the right should be pretty simple. A unified Democratic message — helping people live better lives with a targeted hand from government — is hugely popular. It’s the essence of both the $1.9 trillion American Rescue Plan Act and Biden’s proposed infrastructure bill. And it should be the essence of what voters think about when they think about Democrats.Another message, on cultural issues, is much less popular. In a recent congressional race for an open seat in New Mexico, Democrats won in a landslide by emphasizing economic fairness while directly confronting attacks on law and order. The winner, Melanie Stansbury, ran an ad that featured support from a former sheriff’s deputy.The rise in violent crime is now the top concern of many voters across the country, according to a Yahoo News/YouGov survey, and in the Democratic primary for New York City mayor, according to a recent poll by Spectrum News NY1/Ipsos. Polling also shows that a majority of Americans oppose defunding the police, and Maloney says it’s a “pernicious lie” to label Democrats as the party of defund. But lies, fueled by lefty overreach in some cities as well as social media amplification, tend to have a much longer shelf life than boring talk about infrastructure.On race, the great reckoning that began with George Floyd’s death last year should continue to expose the overlooked lowlights of history and work to get rid of the bias built into the system.But in promoting the teaching of critical race theory — a term so misunderstood that it’s best known now as a Republican weapon — some educators have played into the hands of the Trumpers, even those less talented in the dark art of demagoguery. At the annual Lincoln Reagan Dinner in New Hampshire in early June, former Vice President Mike Pence said that children are being taught “to be ashamed of their skin color,” a popular Republican talking point.If the message is that being born white is something akin to the Roman Catholic concept of original sin, then there’s bound to be a backlash among the moderate voters who came around to Democrats in the Trump era.The longtime liberal strategist Ruy Teixeira warned of this very thing in his newsletter in May and said moderates are afraid to push back. “The administration is doing nothing to head off this impending culture war in the schools because to do so would bring the wrath of the stridently woke sector of the Democratic Party down upon Biden’s head,” he wrote.Trump is diminished but still very dangerous. His party is stocked with brick-headed deniers. Nearly three in 10 Republicans said they think he will be reinstated in the White House this year. This month, Trump called his defeat “the crime of the century” and got applause when he denounced critical race theory.Democrats won’t be able to contain the tornado of awfulness around Trump with the “stridently woke,” in Teixeira’s words. Common-sense politics may not be a rallying cry, but it wins elections.Timothy Egan (@nytegan) is a contributing Opinion writer who covers the environment, the American West and politics. He is a winner of the National Book Award and the author of, most recently, “A Pilgrimage to Eternity.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Voter Suppression Must Be the Central Issue

    The right to vote is everything in a democracy.Without influence over power, you are completely vulnerable to that power. There is no way to access prosperity or ensure personal protection when you live in a society in which people who share your interests are inhibited in their political participation. More

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    Biden Aims to Bolster U.S. Alliances in Europe, but Challenges Loom

    The good will President Biden brings on his first trip abroad papers over lingering doubts about U.S. reliability and the cost that Europe will be expected to pay.WASHINGTON — It should not be that hard to be an American leader visiting Europe for the first time after President Donald J. Trump.But President Biden will face his own challenges when he departs on Wednesday, especially as the United States confronts a disruptive Russia and a rising China while trying to reassemble and rally the shaken Western alliance as it emerges from the coronavirus pandemic.Mr. Biden, who will arrive for a series of summit meetings buoyed by a successful vaccination program and a rebounding economy, will spend the next week making the case that America is back and ready to lead the West anew in what he calls an existential collision between democracies and autocracies.On the agenda are meetings in Britain with leaders of the Group of 7 nations, followed by visits to NATO and the European Union. On Mr. Biden’s final day, in Geneva, he will hold his first meeting as president with President Vladimir V. Putin of Russia.Mr. Biden’s overarching task is to deliver the diplomatic serenity that eluded such gatherings during four years in which Mr. Trump scorched longstanding relationships with close allies, threatened to pull out of NATO and embraced Mr. Putin and other autocrats, admiring their strength.But the good will Mr. Biden brings simply by not being Mr. Trump papers over lingering doubts about his durability, American reliability and the cost that Europe will be expected to pay. At 78, is Mr. Biden the last gasp of an old-style, internationalist foreign policy? Will Europe bear the cost of what increasingly looks like a new Cold War with Russia? Is it being asked to sign up for a China containment policy? And will Mr. Biden deliver on climate?Those questions will loom as he deals with disagreements over trade, new restrictions on investing in and buying from China and his ever-evolving stance on a natural gas pipeline that will route directly from Russia to Europe, bypassing Ukraine.Throughout, Mr. Biden will face European leaders who are wary of the United States in a way they have not been since 1945 and are wondering where it is headed.“They have seen the state of the Republican Party,” said Barry Pavel, the director of the Scowcroft Center for Strategy and Security at The Atlantic Council. “They’ve seen Jan. 6. They know you could have another president in 2024.”White House officials say that stable American diplomacy is back for good, but of course they cannot offer any guarantees after January 2025. European officials are following the raging political arguments in the United States, and they note that Mr. Trump’s grip on his party is hardly weakening.Days before Mr. Biden’s departure, Republicans in Congress rejected the creation of a bipartisan commission to examine the Capitol riot. Republican lawmakers embrace Mr. Trump’s false claims that the 2020 election was stolen. Democrats are faltering in their efforts to pass sweeping legislation to counter Republican attacks on voting rights at the state level.Through it all, Mr. Trump keeps hinting at a political comeback in four years. “There’s an anxiety about American politics,” said Ian Lesser, a vice president at the German Marshall Fund of the United States. “Simply, what is going to happen in the midterm elections? Whether Trumpism will prove more durable than Mr. Trump. What is coming next in American politics?”If the future of the United States is the long-term concern, how to manage a disruptive Russia is the immediate agenda. No part of the trip will be more charged than a daylong meeting with Mr. Putin.Mr. Biden called for the meeting — the first since Mr. Trump embraced Mr. Putin’s denials of election interference at a summit in Helsinki, Finland, three years ago — despite warnings from human rights activists that doing so would strengthen and embolden the Russian leader. Jake Sullivan, Mr. Biden’s national security adviser, has noted that American presidents met with their Soviet counterparts throughout the Cold War, and their Russian successors afterward. But on Monday, he said Mr. Biden would warn Mr. Putin directly that without a change in behavior, “there will be responses.”Yet veterans of the struggle between Washington and Moscow say disruption is Mr. Putin’s true superpower.President Donald J. Trump embraced the denials of President Vladimir V. Putin of Russia in Helsinki, Finland, in 2018.Doug Mills/The New York Times“Putin doesn’t necessarily want a more stable or predictable relationship,” said Alexander Vershbow, who was an ambassador to Russia under President George W. Bush. “The best case one can hope for is that the two leaders will argue about a lot of things but continue the dialogue.”White House officials say the president has no intention of trying to reset the relationship with Russia. Having called Mr. Putin a “killer” this year, Mr. Biden is cleareyed about his adversary, they said: He regards Mr. Putin more as a hardened mafia boss, ordering hits with the country’s supply of nerve agents, than a national leader.But Mr. Biden is determined to put guardrails on the relationship, seeing out some measure of cooperation, starting with the future of their nuclear arsenals.But there is a dawning awareness in Europe that while Mr. Putin cherishes his growing arsenal, Russia’s nuclear ability is a strategic remnant of an era of superpower conflict. In what Mr. Putin recently called a new Cold War with the United States, the weapons of choice are cyberweapons, ransomware wielded by gangs operating from Russian territory and the ability to shake neighbors like Ukraine by massing troops on the border.Mr. Biden will embrace NATO and Article V of its charter, the section that commits every member of the alliance to consider an armed attack on one as an armed attack on all. But it is less clear what constitutes an armed attack in the modern age: a cyberstrike like the SolarWinds hacking that infiltrated corporate and government networks? The movement of intermediate-range missiles and Russian troops to the border of Ukraine, which is not a NATO member?Mr. Biden’s associates say the key is for him to make clear that he has seen Mr. Putin’s bravado before and that it does not faze him.“Joe Biden is not Donald Trump,” said Thomas E. Donilon, who was a national security adviser to President Barack Obama and whose wife and brother are key aides to Mr. Biden. “You’re not going to have this inexplicable reluctance of a U.S. president to criticize a Russian president who is leading a country that is actively hostile to the United States in so many areas. You won’t have that.”When Mr. Biden defines the current struggle as “a battle between the utility of democracies in the 21st century and autocracies,” though, he appears to be worrying more about China’s appeal as a trading partner and source of technology than Russia’s disruptions. And while Europeans largely do not see China as the kind of rising technological, ideological and military threat that Washington does, it is an argument Mr. Biden is beginning to win.The British are deploying the largest fleet of its Navy warships to the Pacific since the Falklands War, nearly 40 years ago. The idea is to re-establish at least a visiting presence in a region that once was part of its empire, with stops in Singapore, Malaysia, Australia and New Zealand. But at the same time, Prime Minister Boris Johnson has signed on to the effort by Washington — begun by Mr. Trump and accelerated by Mr. Biden — to assure that Huawei, the Chinese telecommunications company, does not win new contracts to install 5G cellular networks in Britain.Some in Europe are following suit, but Mr. Biden’s aides said they felt blindsided last year when the European Union announced an investment agreement with China days before Mr. Biden’s inauguration. It was a reflection of fears that if the continent got sucked into the U.S.-China rivalry, European companies would bear the brunt, starting with the luxury auto industry in Germany.The future of the agreement is unclear, but Mr. Biden is going the other way: Last week he signed an executive order banning Americans from investing in Chinese companies that are linked to the country’s military or ones that sell surveillance technology used to repress dissent or religious minorities, both inside and outside China. But to be effective, the allies would have to join; so far, few have expressed enthusiasm for the effort.Mr. Biden may be able to win over skeptics with his embrace of the goal of combating climate change, even though he will run into questions about whether he is doing enough.Four years ago, at Mr. Trump’s first G7 meeting, six world leaders reaffirmed their commitment to the Paris climate accord while the United States declared it was “not in a position to join the consensus.”Protesters outside the White House in 2017 as Mr. Trump announced his decision to withdraw from the Paris climate accord.Stephen Crowley/The New York TimesMr. Biden is reversing that stance, pledging to cut U.S. emissions 50 percent to 52 percent below 2005 levels by the end of the decade and writing in an op-ed in The Washington Post before the summit that with the United States back at the table, countries “have an opportunity to deliver ambitious progress.”But world leaders said they remained wary of the United States’ willingness to enact serious legislation to tackle its emissions and deliver on financial promises to poorer countries.“They have shown the right approach, not necessarily to the level of magnitude that they could,” said Graça Machel, the former education and culture minister of Mozambique.Key to reaching ambitious climate goals is China, which emits more than the United States, Europe and Japan combined. Peter Betts, the former lead climate negotiator for Britain and the European Union, said the test for Mr. Biden was whether he could lead the G7 countries in a successful pressure campaign.China, he said, “does care what the developing world thinks.”Lisa Friedman More

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    Are We Destined for a Trump Coup in 2024?

    I wrote my weekend column about three ways that Donald Trump might be prevented from plunging the country into crisis in 2024, should he reproduce both his 2020 defeat and his quest to overturn the outcome: first, through the dramatic electoral overhauls favored by progressives; second, through a Bidenist politics of normalcy that prevents the G.O.P. from capturing the House or Senate; or third, through the actions of Republican officials who keep their heads down and don’t break with Trump but, as in 2020, refuse to go along if he turns another loss into an attempted putsch. More

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    Arizona 2020 Election Review: Risks for Republicans and Democracy

    Experts call it a circus. Polls say it will hurt the G.O.P. in 2022. But Republicans are on board in Arizona and elsewhere, despite warnings of lasting damage to the political system.SURPRISE, Ariz. — Rob Goins is 57, a former Marine and a lifelong Republican in a right-leaning jigsaw of golf courses, strip malls and gated retirement communities pieced together in the Arizona desert. But ask about the Republican-backed review of Joseph R. Biden Jr.’s 2020 election victory here in Maricopa County, and Mr. Goins rejects the party line.“There’s a lot of folks out there trying to make something out of nothing,” he said recently as he loaded purchases into his vehicle outside a Home Depot. “I don’t think there was any fraud. My opinion of this is that it’s a big lie.”Mr. Goins is flesh-and-blood evidence of what political analysts here are all but shouting: The Republican State Senate’s autopsy of the 2020 vote, broadly seen as a shambolic, partisan effort to nurse grievances about Donald J. Trump’s loss here in November, risks driving away some of the very people the party needs to win statewide elections in 2022.That Arizona Republicans are ignoring that message — and that Republicans in other states are now trying to mount their own Arizona-style audits — raises worrisome questions not just about their strategy, but about its impact on an American democracy facing fundamental threats.Now in its seventh week, the review of 2.1 million votes in Arizona’s most populous county has ballooned not just into a national political spectacle, but also a political wind sock for the Republican Party — an early test of how its renewed subservience to Mr. Trump would play with voters.The returns to date are not encouraging for the party. A late-May poll of 400 Arizonans by the respected consulting firm HighGround Inc. found that more than 55 percent of respondents opposed the vote review, most of them strongly. Fewer than 41 percent approved of it. By about 45 to 33 percent, respondents said they were less likely — much less, most said — to vote for a Republican candidate who supported the review.Workers recounting 2020 general election ballots in Phoenix last month.Pool photo by Matt YorkThe review itself, troubled by procedural blunders and defections, has largely sacrificed any claim to impartiality. The Pennsylvania computer forensics firm that was conducting the hand recount of ballots quit without a clear explanation this month, adding further chaos to a count that election authorities and other critics say has been making up its rules as it went along.“If they were voting on it again today, they would have withheld doing this, because it’s been nothing but a headache,” Jim Kolbe, a Republican congressman from southeast Arizona from 1985 to 2003, said of the Republican state senators who are backing the review. “It’s a black mark on Arizona’s reputation.”Instead, the Republicans in the Arizona Senate have doubled down. And as the review’s notoriety has grown, pro-Trump Republicans in other states like Wisconsin and Pennsylvania have begun to promote their own plans to investigate the November vote, even though — as in Arizona — elections in those states have been certified as accurate and free from any fraud that could have affected the outcome.The sudden interest in exhuming the November election is explained by another number from the poll in Arizona: While only about 41 percent of all 400 respondents said they supported the Maricopa audit, almost 77 percent of Republican respondents did.Among the Trump supporters who dominate the Republican Party, skepticism about the election results, fueled almost entirely by Mr. Trump’s lies, remains unshaken, and catering to it is politically profitable. Leslie S. Minkus, 77, is a business consultant in Chandler, another Republican stronghold just southeast of Phoenix. His wife, Phyllis, serves on the local Republican legislative district committee. “The majority of voters here in Arizona know that this election was stolen,” he said in an interview. “It’s pretty obvious that our alleged president is not more popular than previous presidents, and still wound up getting a majority of the vote.”Mr. Trump during a campaign rally in Goodyear, Ariz., last year.Doug Mills/The New York TimesOpposition to the review by Democrats and some Republicans — including the Republican-run county board of supervisors and the Republican who is the chief county election officer — only shows that they have something to hide, Mr. Minkus added. And as for previous checks of ballots and voting equipment that showed no sign of fraud, he said, “I don’t think anybody would agree that the audits done in the past were independent.”In conversations with a range of Phoenix-area residents, many who supported the review were more equivocal than Mr. Minkus. “I think there was fraud going on. I mean, every election, there’s fraud,” said Eric M. Fauls, a 56-year-old California expatriate who moved to a golfing community in Surprise three years ago. “California — it was really bad — but I mean, California is never going to go Republican. With a swing state, it’s really important, so I think it’s worth doing an audit.”Still, he said, “I don’t know if there’s enough evidence either way to make it legitimate.”Most of the review’s critics, on the other hand, left little doubt of their feelings. “It’s a threat to our democracy. I think there’s no doubt about that,” said Dan Harlan, a defense-industry employee who changed his lifelong Republican registration to Democrat last year so he could help pick Mr. Trump’s opponent. “This audit is being conducted because the Republican Party refuses to look at long-term demographics and realize they can no longer be the party of the white male. And they’re doing everything they can to maintain power.“It’s not about democracy; it’s about winning,” he said. “And when any organization becomes more concerned with maintaining itself, losing its core values is no longer important.”Jane Davis, an 89-year-old retired nurse, was a Republican for 40 years before she re-registered as an independent and voted last year for Mr. Biden. The State Senate Republicans have backed an audit, she said, “to cause problems.”“I think it’s ridiculous, and I object to their spending any taxpayer money” on the review, she said.Protesters last month outside Veterans Memorial Coliseum in Phoenix, where ballots from the 2020 general election were being recounted. Courtney Pedroza/Getty ImagesChuck Coughlin, the Phoenix pollster who conducted the Arizona survey, said people like the Minkuses were in firm control of the state Republican Party in no small part because they are the ones who vote. Four in five Republican primary-election voters, he said, are 50 or older.By itself, that white-hot core is not large enough to wield power in statewide elections, Mr. Coughlin said. But it is plenty large enough to advance Mr. Trump’s narrative of a corrupt elite that is stealing power from the nation’s true patriots, particularly when it is stoked by politicians.“Historically on these big issues, you have a lively public discussion and then it goes away; the issue moves on to something else,” he said. “But this is an issue that we’re dwelling on because it’s to Trump’s advantage that the party continues to dwell on it — on his loss, and his victimhood and his identity.“I feel legitimately bad for these people that they’re so wounded that they are willing to take their party and a heretofore vibrant democracy down with it.”Indeed, some elections experts say that’s why the politics of the “audit,” as extravagantly flawed as it is, may be more complex than meets the eye. If it is about winning elections and building a majority, it looks like a political loser. If it’s about permanent grievance and undermining faith in the democratic system for political gain, maybe not.Karen Fann, the Arizona Senate president, and other Republicans have insisted that their election review is not intended to contest Mr. Biden’s victory in the 2020 election, but to address voters’ concerns that the election had been stolen. In practice, those experts say, the review keeps the stolen-election narrative front and center in the state’s politics, slowly eroding faith in representative government.Karen Fann, president of the Arizona Senate last year. She said the purpose of the review was to address concerns of Trump voters that the election had been stolen. Ross D. Franklin/Associated Press“The problem is that Americans have a real lack of trust in institutions these days,” said William Mishler, a longtime expert on democratic institutions at the University of Arizona. And even many who regard the Arizona election review as a discredited, amateur exercise “fear the mischief that’s likely to come out of this in the form of some further undermining of confidence in the election outcome.”Thomas E. Mann, a senior fellow at the Brookings Institution and a longtime student of the American political system, said the Arizona election review highlighted a seismic shift in the rules of American democracy. In years past, political parties were forces for moderation, trying to appeal to as many voters as possible. Now, he said, one of the two major parties was taking precisely the opposite tack.“We’ve had crazies in public life before,” he said. “We’ve had demagogues speaking out and sometimes winning high office. The difference this time is that they’re being encouraged rather than constrained by party and election officials.” Without some check on radicalism, he said, “our whole system breaks down.”Mr. Mishler concurred. “What worries me is not that there’s a minority of crazies in the party,” he said of the Republicans. “It’s that there’s a majority of the crazies.”That said, election inquiries only count votes. Mr. Mishler, Mr. Mann and Mr. Kolbe, the former representative, all said that a more imminent threat to democracy was what they called an effort by some Republicans to disregard votes entirely. They cited changes in state laws that could make challenging or nullifying election results easier, and a burst of candidacies by stolen-election advocates for crucial election posts such as secretary of state offices.Arizona is among the latter. The race to replace Katie Hobbs, the Democratic secretary of state who s week that she was running for governor, already has attracted one Republican legislator who is an election conspiracy theorist and another who is perhaps the legislature’s leading supporter of restrictions on the right to vote.“These are perilous times,” Mr. Mann said. “Arizona is just demonstrating it.”Sheelagh McNeill contributed research. More