Biden, Joseph R Jr

Subterms

    More stories

    • 125 Shares129 Views

      in Elections

      Preparing for Retaliation Against Russia, U.S. Confronts Hacking by China

      by

      AdvertisementContinue reading the main storySupported byContinue reading the main storyPreparing for Retaliation Against Russia, U.S. Confronts Hacking by ChinaThe proliferation of cyberattacks by rivals is presenting a challenge to the Biden administration as it seeks to deter intrusions on government and corporate systems.Jake Sullivan, President Biden’s national security adviser, last month. He said on Thursday that the White House was “closely tracking” reports that the vulnerabilities exploited in the Microsoft hacking were being used in “potential compromises of U.S. think tanks and defense industrial base entities.”Credit…Stefani Reynolds for The New York TimesDavid E. Sanger, Julian E. Barnes and March 7, 2021Updated 9:42 p.m. ETWASHINGTON — Just as it plans to begin retaliating against Russia for the large-scale hacking of American government agencies and corporations discovered late last year, the Biden administration faces a new cyberattack that raises the question of whether it will have to strike back at another major adversary: China.Taken together, the responses will start to define how President Biden fashions his new administration’s response to escalating cyberconflict and whether he can find a way to impose a steeper penalty on rivals who regularly exploit vulnerabilities in government and corporate defenses to spy, steal information and potentially damage critical components of the nation’s infrastructure.The first major move is expected over the next three weeks, officials said, with a series of clandestine actions across Russian networks that are intended to be evident to President Vladimir V. Putin and his intelligence services and military but not to the wider world.The officials said the actions would be combined with some kind of economic sanctions — though there are few truly effective sanctions left to impose — and an executive order from Mr. Biden to accelerate the hardening of federal government networks after the Russian hacking, which went undetected for months until it was discovered by a private cybersecurity firm.The issue has taken on added urgency at the White House, the Pentagon and the intelligence agencies in recent days after the public exposure of a major breach in Microsoft email systems used by small businesses, local governments and, by some accounts, key military contractors.Microsoft identified the intruders as a state-sponsored Chinese group and moved quickly to issue a patch to allow users of its software to close off the vulnerability.But that touched off a race between those responsible for patching the systems and a raft of new attackers — including multiple other Chinese hacking groups, according to Microsoft — who started using the same exploit this week.The United States government has not made public any formal determination of who was responsible for the hacking, but at the White House and on Microsoft’s campus in Redmond, Wash., the fear is that espionage and theft may be a prelude to far more destructive activity, such as changing data or wiping it out.The White House underscored the seriousness of the situation in a statement on Sunday from the National Security Council.“The White House is undertaking a whole of government response to assess and address the impact” of the Microsoft intrusion, the statement said. It said the response was being led by Anne Neuberger, a former senior National Security Agency official who is the first occupant of a newly created post: deputy national security adviser for cyber and emerging technologies.The statement said that national security officials were working throughout the weekend to address the hacking and that “this is an active threat still developing, and we urge network operators to take it very seriously.”Jake Sullivan, Mr. Biden’s national security adviser, said on Twitter on Thursday that the White House was “closely tracking” the reports that the vulnerabilities in Microsoft Exchange were being used in “potential compromises of U.S. think tanks and defense industrial base entities.”The discovery came as Mr. Biden’s national security team, led by Mr. Sullivan and Ms. Neuberger, has moved to the top of its agenda an effort to deter attacks, whether their intent is theft, altering data or shutting down networks entirely. For the president, who promised that the Russian attack would not “go unanswered,” the administration’s reactions in the coming weeks will be a test of his ability to assert American power in an often unseen but increasingly high-stakes battle among major powers in cyberspace.A mix of public sanctions and private actions is the most likely combination to force a “broad strategic discussion with the Russians,” Mr. Sullivan said in an interview on Thursday, before the scope of the Chinese attack was clear.“I actually believe that a set of measures that are understood by the Russians, but may not be visible to the broader world, are actually likely to be the most effective measures in terms of clarifying what the United States believes are in bounds and out of bounds, and what we are prepared to do in response,” he added.From the first day of the new administration, Mr. Sullivan has been reorganizing the White House to fashion such responses. The same order he issued on Jan. 20, requiring the military to advise the White House before conducting drone strikes outside war zones, contained a paragraph with separate instructions for dealing with major cyberoperations that risk escalating conflict.The order left in place, however, a still secret document signed by President Donald J. Trump in August 2018 giving the United States Cyber Command broader authorities than it had during the Obama administration to conduct day-to-day, short-of-war skirmishes in cyberspace, often without explicit presidential authorization.Under the new order, Cyber Command will have to bring operations of significant size and scope to the White House and allow the National Security Council to review or adjust those operations, according to officials briefed on the memo. The forthcoming operation against Russia, and any potential response to China, is likely to fall in this category.The hacking that Microsoft has attributed to China poses many of the same challenges as the SolarWinds attack by the Russians that was discovered late last year.Credit…Swayne B. Hall/Associated PressAmerican officials continue to try to better understand the scope and damage done by the Chinese attack, but every day since its revelation has suggested that it is bigger, and potentially more harmful, than first thought.“This is a crazy huge hack,” Christopher C. Krebs, the former director of the Cybersecurity and Infrastructure Security Agency, wrote on Twitter on Friday.The initial estimates were that 30,000 or so systems were affected, mostly those operated by businesses or government agencies that use Microsoft software and run their email systems in-house. (Email and others systems run on Microsoft’s cloud were not affected.)But the breadth of the intrusion and the identities of the victims are still unclear. And while the Chinese deployed the attack widely, they might have sought only to take information from a narrow group of targets in which they have the highest interest.There is little doubt that the scope of the attack has American officials considering whether they will have to retaliate against China as well. That would put them in the position of engaging in a potentially escalating conflict with two countries that are also its biggest nuclear-armed adversaries.It has become increasingly clear in recent days that the hacking that Microsoft has attributed to Beijing poses many of the same challenges as the SolarWinds attack conducted by the Russians, although the targets and the methodology are significantly different.Like the Russians, the Chinese attackers initiated their campaign against Microsoft from computer servers — essentially cloud services — that they rented under assumed identities in the United States. Both countries know that American law prohibits intelligence agencies from looking in systems based in the United States, and they are exploiting that legal restriction.“The Chinese actor apparently spent the time to research the legal authorities and recognized that if they could operate from inside the United States, it takes some of the government’s best threat-hunters off the field,” Tom Burt, the Microsoft executive overseeing the investigation, said on Friday.The result was that in both the SolarWinds and the more recent Chinese hacking, American intelligence agencies appeared to have missed the evidence of what was happening until a private company saw it and alerted the authorities.The debate preoccupying the White House is how to respond. Mr. Sullivan served as Mr. Biden’s national security adviser while he was vice president, as the Obama administration struggled to respond to a series of attacks.Those included the Chinese effort that stole 22.5 million security-clearance records from the Office of Personnel Management in 2014 and the Russian attack on the 2016 presidential election.In writings and talks over the past four years, Mr. Sullivan has made clear that he believes traditional sanctions alone do not sufficiently raise the cost to force powers like Russia or China to begin to talk about new rules of the road for cyberspace.But government officials often fear that too strong a response risks escalation.That is a particular concern in the Russian and Chinese attacks, where both countries have clearly planted “back doors” to American systems that could be used for more destructive purposes.American officials say publicly that the current evidence suggests that the Russian intention in the SolarWinds attack was merely data theft. But several senior officials, when speaking not for attribution, said they believed the size, scope and expense of the operation suggested that the Russians might have had much broader motives.“I’m struck by how many of these attacks undercut trust in our systems,” Mr. Burt said, “just as there are efforts to make the country distrust the voting infrastructure, which is a core component of our democracy.”Russia broke into the Democratic National Committee and state voter-registration systems in 2016 largely by guessing or obtaining passwords. But they used a far more sophisticated method in the SolarWinds hacking, inserting code into the company’s software updates, which ushered them deep into about 18,000 systems that used the network management software. Once inside, the Russians had high-level access to the systems, with no passwords required.Similarly, four years ago, a vast majority of Chinese government hacking was conducted via email spear-phishing campaigns. But over the past few years, China’s military hacking divisions have been consolidating into a new strategic support force, similar to the Pentagon’s Cyber Command. Some of the most important hacking operations are run by the stealthier Ministry of State Security, China’s premier intelligence agency, which maintains a satellite network of contractors.Beijing also started hoarding so-called zero-days, flaws in code unknown to software vendors and for which a patch does not exist.In August 2019, security researchers got their first glimpse of how these undisclosed zero-day flaws were being used: Security researchers at Google’s Project Zero and Volexity — the same company in Reston, Va., that discovered the Microsoft attack — found that Chinese hackers were using a software vulnerability to spy on anyone who visited a website read by Uighurs, an ethnic minority group whose persecution has drawn international condemnation.For two years, until the campaign was discovered, anyone who visited the sites unwittingly downloaded Chinese implants onto their smartphones, allowing Beijing to monitor their communications.Kevin Mandia of FireEye, Sudhakar Ramakrishna of SolarWinds and Brad Smith of Microsoft testified last month in a Senate Intelligence Committee hearing on the Russian hacking.Credit…Drew Angerer/Agence France-Presse, via Pool/Afp Via Getty ImagesThe Chinese attack on Microsoft’s servers used four zero-days flaws in the email software. Security experts estimated on Friday that as many as 30,000 organizations were affected by the hacking, a detail first reported by the security writer Brian Krebs. But there is some evidence that the number could be much higher.AdvertisementContinue reading the main story More

    • 113 Shares149 Views

      in Elections

      Biden to Sign Order Meant to Make Voting Easier

      by

      AdvertisementContinue reading the main storySupported byContinue reading the main storyBiden to Sign Order Meant to Make Voting EasierThe executive order is relatively limited in scope. It calls upon officials at federal agencies to study and potentially expand access to voter registration materials.President Biden at the White House on Saturday.Credit…Stefani Reynolds for The New York TimesMarch 7, 2021, 5:00 a.m. ETWASHINGTON — President Biden is expected to sign an executive order on Sunday that directs the government to take steps to make voting easier, marking the 56th anniversary of the Bloody Sunday march in Selma, Ala., which swiftly turned voting rights into a national cause.The multipart order is aimed at using the far-flung reach of federal agencies to help people register to vote and to encourage Americans to go to the polls on Election Day. In a prepared speech for the Martin and Coretta King Unity Breakfast on Sunday, Mr. Biden will argue that such actions are still necessary despite the progress of the last half-century.“The legacy of the march in Selma is that while nothing can stop a free people from exercising their most sacred power as citizens, there are those who will do everything they can to take that power away,” Mr. Biden will say, according to the prepared remarks.“Every eligible voter should be able to vote and have it counted,” he plans to say. “If you have the best ideas, you have nothing to hide. Let more people vote.”The president’s actions come in the wake of his predecessor’s monthslong assault on the voting process during the 2020 election and the Jan. 6 riot that erupted at the U.S. Capitol after that predecessor, Donald J. Trump, repeatedly sought to overturn the election results.The executive order is relatively limited in scope. It calls upon officials at federal agencies to study and potentially expand access to voter registration materials, especially for those with disabilities, incarcerated people and other historically underserved groups.It also orders a modernization of the federally run Vote.gov website to ensure that it provides the most up-to-date information about voting and elections.But the order does not directly address efforts by many Republican-led state legislatures to restrict voting, including measures that would roll back the mail voting that was established in many states during the pandemic.Mr. Biden has said that he supports H.R. 1, a far-reaching voter rights bill that passed the House last week. It would weaken restrictive state voter identification laws, require automatic voter registration, expand mail-in voting and early voting, make it more difficult to eliminate voters from the rolls and restore voting rights to former felons.That legislation faces a difficult challenge in the evenly divided Senate, where Republican opposition appears to make it highly unlikely that it can win the support of the 60 senators required to send it to Mr. Biden’s desk.In the meantime, a senior administration official said Mr. Biden’s executive order was meant to show that the president was doing what he could.AdvertisementContinue reading the main story More

    • 100 Shares99 Views

      in Elections

      Representative Eric Swalwell Sues Trump Over Capitol Riot

      by

      #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeThe Lost HoursThe Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyFormer Impeachment Manager Sues Trump Over Capitol RiotThe suit by Representative Eric Swalwell accuses Donald J. Trump of inciting the Jan. 6 attack and conspiring to prevent Congress from formalizing President Biden’s victory.“The horrific events of Jan. 6 were a direct and foreseeable consequence of the defendants’ unlawful actions,” according to the suit, filed by Representative Eric Swalwell, Democrat of California.Credit…Erin Schaff/The New York TimesMarch 5, 2021, 5:35 p.m. ETA House Democrat who unsuccessfully prosecuted Donald J. Trump at his impeachment trial sued him in federal court on Friday for acts of terrorism and incitement to riot, trying to use the justice system to punish the former president for his role in the Jan. 6 assault on the Capitol.The suit brought by Representative Eric Swalwell, Democrat of California, accuses Mr. Trump and key allies of whipping up the deadly attack and conspiring with rioters to try to prevent Congress from formalizing President Biden’s election victory.Echoing the case laid out in the Senate, which acquitted him, it meticulously traces a monthslong campaign by Mr. Trump to undermine confidence in the 2020 election and then overturn its results, using his own words and those of his followers who ransacked the building to narrate it.“The horrific events of Jan. 6 were a direct and foreseeable consequence of the defendants’ unlawful actions,” Mr. Swalwell asserts in the civil suit, filed in Federal District Court in Washington. “As such, the defendants are responsible for the injury and destruction that followed.”Though not a criminal case, the suit charges Mr. Trump and his allies with several counts including conspiracy to violate civil rights, negligence, incitement to riot, disorderly conduct, terrorism and inflicting serious emotional distress. If found liable, Mr. Trump could be subject to compensatory and punitive damages; if the case proceeds, it might also lead to an open-ended discovery process that could turn up information about his conduct and communications that eluded impeachment prosecutors.In addition to the former president, the suit names as defendants his eldest son, Donald Trump Jr., his lawyer, Rudolph W. Giuliani, and Representative Mo Brooks, Republican of Alabama, who led the effort to overturn Mr. Trump’s election defeat when Congress met on Jan. 6 to formalize the results.All three men joined Mr. Trump in promoting and speaking at a rally in Washington that day, which Mr. Swalwell says lit the match for the violence that followed with incendiary and baseless lies about election fraud.Read the Suit: Swalwell v. TrumpThe suit from Representative Eric Swalwell accuses Mr. Trump and several allies of inciting the attack and conspiring with rioters to try to prevent Congress from formalizing President Biden’s victory.Read DocumentA majority of the Senate, including seven Republicans, voted to find Mr. Trump “guilty” based on the same factual record last month, but the vote fell short of the two-thirds needed to convict him. Several Republicans who voted to acquit him, including Senator Mitch McConnell of Kentucky, the minority leader, concluded that Mr. Trump was culpable for the assault but argued the courts, not the Senate, were the proper venue for those seeking to hold him accountable.Phil Andonian, a lawyer representing Mr. Swalwell, said that the lawsuit was an answer to that call.That Mr. Trump “seems to be made of Teflon cuts in favor of finding a way to pierce that because he hasn’t really been held fully accountable for what was one of the darkest moments in American history,” he said in an interview.The lawsuit adds to Mr. Trump’s mounting legal woes as he transitions into life after the presidency and contemplates a political comeback. Another Democratic lawmaker, Representative Bennie Thompson of Mississippi, already filed suit on similar grounds in recent weeks with the N.A.A.C.P.Prosecutors in New York have active inquiries into his financial dealings, and in Georgia, prosecutors are investigating his attempts to pressure election officials to reverse his loss.In a statement, Jason Miller, an adviser to Mr. Trump, blasted Mr. Swalwell as a “a lowlife with no credibility” but did not comment on the merits of the case.Mr. Brooks rejected the claims, saying he would wear Mr. Swalwell’s “scurrilous and malicious lawsuit like a badge of courage.” He said he made “no apology” for his actions around the riot, when he urged rallygoers outside the White House to start “taking down names and kicking ass.”Both men resurfaced Republican attacks on Mr. Swalwell questioning his character based on his former association with a woman accused of being a Chinese spy. Mr. Swalwell broke off contact with the woman after he was briefed by American intelligence officials, and has not been accused of any wrongdoing.Mr. Giuliani, who urged the same crowd to undertake “trial by combat,” and a lawyer for Donald Trump Jr. did not respond to requests for comment.Both Mr. Thompson’s suit and Mr. Swalwell’s rely on civil rights law tracing to the 19th-century Ku Klux Klan Act, but their aims appear to differ. The earlier suit targets Mr. Trump’s association with right-wing extremist groups, naming several groups as defendants and explicitly detailing racialized hate it claims figured in the attack. Mr. Swalwell focuses more narrowly on punishing Mr. Trump and his inner circle for the alleged scheme.“He lied to his followers again and again claiming the election was stolen from them, filed a mountain of frivolous lawsuits — nearly all of which failed, tried to intimidate election officials, and finally called upon his supporters to descend on Washington D.C. to ‘stop the steal,’” Mr. Swalwell said in a statement.In the suit, Mr. Swalwell describes how he, the vice president and members of the House and Senate were put at direct risk and suffered “severe emotional distress” as armed marauders briefly overtook the Capitol in Mr. Trump’s name.“The plaintiff prepared himself for possible hand-to-hand combat as he took off his jacket and tie and searched for makeshift instruments of self-defense,” it says.During the Senate trial, Mr. Trump’s defense lawyers flatly denied that he was responsible for the assault and made broad assertions that he was protected by the First Amendment when he urged supporters gathered on Jan. 6 to “fight like hell” to “stop the steal” he said was underway at the Capitol.The nine House managers argued that free speech rights had no place in a court of impeachment, but they may prove a more durable defense in a court of law. Though the suit targets them in their personal capacities, Mr. Trump may also try to dismiss the case by arguing that the statements he made around the rally were official, legally protected acts.Lyrissa Lidsky, the dean of the University of Missouri School of Law, said that the suit relied on a novel application of civil rights law originally meant to target racialized terrorism in the Reconstruction-era South. But she predicted the case would ultimately boil down to the same fundamental questions that animated Mr. Trump’s trial in the Senate: whether his words on Jan. 6 and leading up to it constituted incitement or were protected by the First Amendment.“By filing the suit, Swalwell is trying to relitigate in the court of public opinion the case he lost in the impeachment trial,” Ms. Lidsky said. A change of venue can sometimes produce different outcomes, she added, but Mr. Swalwell faces an uphill climb.“I wouldn’t hold my breath,” she said.AdvertisementContinue reading the main story More

    • 113 Shares189 Views

      in Elections

      Supreme Court Seems Ready to Sustain Arizona Voting Limits

      by

      AdvertisementContinue reading the main storySupported byContinue reading the main storySupreme Court Seems Ready to Sustain Arizona Voting LimitsThe court also signaled that it could tighten the standards for using the Voting Rights Act to challenge all kinds of voting restrictions.Election workers counting ballots in Phoenix in November. The case before the Supreme Court could determine the fate of scores if not hundreds of laws addressing election rules in the coming years.Credit…Adriana Zehbrauskas for The New York TimesMarch 2, 2021Updated 6:35 p.m. ETWASHINGTON — The Supreme Court seemed ready on Tuesday to uphold two election restrictions in Arizona and to make it harder to challenge all sorts of limits on voting around the nation.In its most important voting rights case in almost a decade, the court for the first time considered how a crucial part of the Voting Rights Act of 1965 applies to voting restrictions that have a disproportionate impact on members of minority groups. The court heard the case as disputes over voting rights have again become a flash point in American politics.The immediate question for the justices was whether two Arizona measures ran afoul of the 1965 law. One of the measures requires election officials to discard ballots cast at the wrong precinct. The other makes it a crime for campaign workers, community activists and most other people to collect ballots for delivery to polling places, a practice critics call “ballot harvesting.”Several members of the court’s conservative majority said the restrictions were sensible, commonplace and at least partly endorsed by a bipartisan consensus reflected in a 2005 report signed by former President Jimmy Carter and James A. Baker III, who served as secretary of state under President George Bush.The Biden administration, too, told the justices in an unusual letter two weeks ago that the Arizona measures appeared to be lawful. But the letter disavowed the Trump administration’s position that the relevant section of the Voting Rights Act should not be widely used to keep states from enacting more restrictive voting procedures.Much of the argument on Tuesday centered on that larger issue in the case, Brnovich v. Democratic National Committee, No. 19-1257, of what standard courts should apply to challenges under Section 2 of the Voting Rights Act. The court’s answer to that question could determine the fate of scores if not hundreds of laws addressing election rules in the coming years.As Republican-controlled state legislatures increasingly seek to impose restrictive new voting rules, Democrats and civil rights groups are turning to the courts to argue that Republicans are trying to suppress the vote, thwart the will of the majority and deny equal access to minority voters and others who have been underrepresented at the polls.“More voting restrictions have been enacted over the last decade than at any point since the end of Jim Crow,” Bruce V. Spiva, a lawyer for the Democratic National Committee, which is challenging the two Arizona measures, told the justices. “The last three months have seen an even greater uptick in proposed voting restrictions, many aimed squarely at the minority groups whose participation Congress intended to protect.”Though the Voting Rights Act seeks to protect minority voting rights, as a practical matter litigation under it tends to proceed on partisan lines. When Justice Amy Coney Barrett asked a lawyer for the Arizona Republican Party why his client cared about whether votes cast at the wrong precinct should be counted, he gave a candid answer.“Because it puts us at a competitive disadvantage relative to Democrats,” said the lawyer, Michael A. Carvin. “Politics is a zero-sum game, and every extra vote they get through unlawful interpretations of Section 2 hurts us.”Jessica R. Amunson, a lawyer for Katie Hobbs, Arizona’s secretary of state, a Democrat, said electoral contests should not turn on voting procedures.“Candidates and parties should be trying to win over voters on the basis of their ideas,” Ms. Amunson said, “not trying to remove voters from the electorate by imposing unjustified and discriminatory burdens.”Section 2 took on additional prominence after the Supreme Court in 2013 effectively struck down the heart of the Voting Rights Act, its Section 5, which required prior federal approval of changes to voting procedures in parts of the country with a history of racial and other discrimination.Until then, Section 2, which allows after-the-fact challenges, had mostly been used in redistricting cases, where the question was whether voting maps had unlawfully diluted minority voting power. Its role in addressing the denial of the right to vote itself has been subject to much less attention.Over two hours of arguments by telephone, the justices struggled to identify a standard that would allow courts to distinguish lawful restrictions from improper ones.The court did not seem receptive to a rigorous test proposed by Mr. Carvin, the lawyer for the Arizona Republican Party, who said that ordinary election regulations are not subject to challenges under Section 2. Most justices appeared to accept that regulations that place substantial burdens on minority voters could run afoul of the law.But there was some dispute about what counted as substantial and what justifications states could offer for their restrictions. The court’s more conservative members seemed inclined to require significant disparities unconnected to socioeconomic conditions and to accept the need to combat even potential election fraud as a sufficient reason to impose restrictions on voting.Justice Elena Kagan tested the limits of Mr. Carvin’s argument, asking whether much longer lines at polling places in minority neighborhoods could be challenged under the law. He said yes. He gave the same answer when asked about locating all polling places at country clubs far from minority neighborhoods.But he said cutting back on Sunday voting, even if heavily relied on by Black voters, was lawful, as was restricting voting to business hours on Election Day.Mark Brnovich, Arizona’s attorney general, a Republican, proposed a vaguer standard, saying that the disparate effect on minority voters must be substantial and caused by the challenged practice rather than some other factor.Asked by Justice Kagan whether the four hypothetical restrictions she had posed to Mr. Carvin would survive under that test, Mr. Brnovich did not give a direct answer.He did say that the number of ballots disqualified for having been cast in the wrong district was very small and that Arizona’s overall election system makes it easy to vote.Ms. Amunson, the lawyer for Arizona’s secretary of state, urged the justices to strike down the challenged restrictions.“Arizona already has a law prohibiting fraudulent ballot collection,” she said by way of example. “What this law does is it criminalizes neighbors helping neighbors deliver ballots with up to two years in jail.”Justice Samuel A. Alito Jr. asked her a series of hypothetical questions about early voting, ballot forms and deadlines for mailed ballots. Ms. Amunson gave a general answer.“You have to take a functional view of the political process and look to a holistic view of how it is actually affecting the voter on the ground,” she said.Justice Alito appeared unsatisfied. “Well, those are a lot of words,” he said. “I really don’t understand what they mean.”Several justices suggested that most of the standards proposed by the lawyers before them were quite similar. “The longer this argument goes on,” Justice Kagan said, “the less clear I am as to how the parties’ standards differ.”Justice Stephen G. Breyer echoed the point. “Lots of the parties on both sides are pretty close on the standards,” he said.Justices Kagan and Breyer, both members of the court’s liberal wing, may have been playing defense, hoping the court’s decision, expected by July, would leave Section 2 more or less unscathed.But Justice Alito said he was wary of making “every voting rule vulnerable to attack under Section 2.”“People who are poor and less well educated on balance probably will find it more difficult to comply with just about every voting rule than do people who are more affluent and have had the benefit of more education,” he said.Justice Barrett appeared to agree. “All election rules,” she said, “are going to make it easier for some to vote than others.”But Justice Brett M. Kavanaugh said he could think of two workable standards for applying the law. “One factor would be if you’re changing to a new rule that puts minorities in a worse position than they were under the old rule,” he said, “and a second factor would be whether a rule is commonplace in other states that do not have a similar history of racial discrimination.”Last year, the United States Court of Appeals for the Ninth Circuit, in San Francisco, ruled that both Arizona restrictions violated Section 2 because they disproportionately disadvantaged minority voters.AdvertisementContinue reading the main story More

    • 125 Shares139 Views

      in Elections

      Book Review: ‘Lucky: How Joe Biden Barely Won the Presidency’

      by

      #masthead-section-label, #masthead-bar-one { display: none }What to ReadNew Books to Watch For This Month25 Book Review GreatsNew in PaperbackListen: The Book Review PodcastAdvertisementContinue reading the main storySupported byContinue reading the main storyBooks of The TimesA Closely Reported Look at Joe Biden’s ‘Lucky’ Path to the White HouseMarch 2, 2021, 11:40 a.m. ETCredit….AmazonApple BooksBarnes and NobleBooks-A-MillionBookshopIndieboundWhen you purchase an independently reviewed book through our site, we earn an affiliate commission.About midway through “Lucky,” the journalists Jonathan Allen and Amie Parnes describe the concerns that some Democrats had last summer about Joe Biden, by then the party’s presidential nominee: How could they hope to win with “an agenda and a person so bland it made cardboard taste flavorful”?Considering that this agenda and person constitute a driving narrative force in “Lucky,” the line reads like a coded admission that the authors — tasked with parsing the flavor of cardboard over the course of more than 400 pages — had their work cut out for them.Allen and Parnes have published two previous books, both of them about Hillary Clinton, including the best-selling “Shattered,” which recounted how the Clinton campaign bungled what should have been a winnable election against Donald Trump in 2016 by succumbing to incompetence and infighting.Jonathan AllenCredit…Stuart Hovell“Shattered” arrived in the spring of 2017, when bewildered Democrats were still asking what happened. “Lucky” arrives at a completely different moment. A string of tell-alls about Trump’s White House have recounted a level of backbiting and chaos that made the inner workings of the Clinton campaign look like a Swiss timepiece by comparison. Within the last year alone, a pandemic has killed more than 500,000 Americans and the White House demanded crackdowns on protests against police brutality. Less than two months have passed since Trump supporters invaded the Capitol. I’m guessing that a number of readers felt so inundated by the unrelenting news cycle of the Trump era that their receptors for campaign-trail intrigues have been worn down to calloused nubs.It’s understandable that Allen and Parnes would do everything they could to amp up the drama — not an easy feat, given the cardboard. With their new book, they promise to explain “how Joe Biden barely won the presidency.” Biden’s margin of victory — 7 million votes, or 4.5 percent — was considerable by modern American standards. But the quirks of the American system, including the gauntlet of the primaries and the peculiarities of the Electoral College, meant that there were a number of moments when Biden’s chances were nearly sunk — moments that “Lucky” recounts in full.The book reminds us that back in April 2019, when Biden announced he was running, he wasn’t an obvious favorite in a crowded field of Democratic aspirants. (“Lucky” reports that Clinton was so unimpressed with everyone’s prospects that she briefly considered running … again.) Biden had already sought and failed to secure the nomination twice, in 1988 and 2008. He was 76 years old — not even a boomer like Trump, previously the oldest president sworn into a first term, but a member of the Silent Generation. Biden had always rambled and repeated himself, and during the early days of his campaign he was rambling and repeating himself more than ever.Although he brandished his record as a consensus-builder in the Senate, he had a habit of hurling insults at potential voters. At one town hall, as if he were intent on reminding the audience of both his age and his temper, Biden called a young woman “a lying dog-faced pony soldier.”But Joe Biden was always a favorite of Joe Biden. One of the themes in this book is how unwaveringly confident he was in his chances — “a great strength and a weakness that could leave him sounding a little self-delusional,” Allen and Parnes write. (Barack Obama, in his recent memoir, describes him as someone who “wasn’t always self-aware.”) Biden believed he could win even during the dark days of the early Democratic primaries more than a year ago, when his campaign was running out of money and he placed abysmally in Iowa and New Hampshire before coming in a distant second to Bernie Sanders in Nevada.Amie ParnesCredit…Chip SomodevillaSure, Biden realized that some progressive voters might take issue with parts of his long Senate record, including his adamant opposition to busing in the 1970s, his treatment of Anita Hill during Clarence Thomas’s confirmation hearings and his authorship of the 1994 crime bill. But Biden was banking on his likability, Allen and Parnes say. That, and the hunch that an American populace exhausted by an erratic Trump just wanted someone experienced, steady and familiar at the wheel.He also benefited from a Democratic establishment that was so averse to Sanders that it closed ranks around Biden as other centrist contenders — Pete Buttigieg, Amy Klobuchar — dropped out of the race. Biden, with his “bland message and blank agenda,” was “not what most Democratic voters had envisioned as a Trumpslayer,” Allen and Parnes write. But a hard-won endorsement from Jim Clyburn of South Carolina, a central figure in the Congressional Black Caucus, helped turn Biden’s fortunes around. “Lucky” portrays the Biden campaign as stuck in traffic until Super Tuesday, when it started hitting a string of green lights.This luck persisted through the pandemic, which revealed Biden’s ability to empathize with a grieving public while showcasing President Trump’s determination to do the opposite. As Anita Dunn, an adviser to the Biden campaign, put it: “Covid is the best thing that ever happened to him.”It’s a ghoulish sentiment, the kind of candid cynicism that one expects from a political ticktock like this. But it also highlights something else. Amid all the fund-raising, the polling, the minute movements of the horse race enumerated in this book, people were dying. Americans were suffering. California was burning. The world, in other words, was happening — all while enormous political energy and billions of dollars got sucked into the maw of endless campaigning.A future researcher will undoubtedly find it useful to have a page and a half of exacting detail about what everyone was thinking when a fly landed on Mike Pence’s head during the vice-presidential debate, or to learn how Biden’s people insisted on watering down one of Julia Louis-Dreyfus’s jokes during the Democratic convention. Given how the American political system currently works, the granular politicking ably recounted in “Lucky” is a necessity — but what becomes unintentionally clear is how wasteful so much of it is.AdvertisementContinue reading the main story More

    • 100 Shares169 Views

      in Elections

      Why Trump Holds a Grip on the G.O.P.

      by

      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyWhy Trump Holds a Grip on the G.O.P.Republicans still embrace the power of the ex-president’s agenda to galvanize voters and drive turnout.Mr. McCarthy has been a political editor and commentator for 18 years and has written extensively about conservatism, populism and the Trump presidency.March 1, 2021, 11:17 a.m. ETCredit…Mark Peterson/Redux, for The New York TimesThe Donald Trump era isn’t over for the Republican Party. He is the party’s kingmaker, and two impeachments and a re-election defeat have not quelled Republican voters’ enthusiasm for him. As no less a critic of the ex-president than Senator Mitt Romney has acknowledged, he will be the party’s presumptive front-runner if he chooses to run for president again.If there is a Republican “civil war,” Mr. Trump is winning — and so easily that it can hardly be called a real fight.At the Conservative Political Action Conference on Sunday, Mr. Trump topped the presidential straw poll with 55 percent. The only other politician to break double digits, with 21 percent, was Gov. Ron DeSantis of Florida, who has positioned himself as Mr. Trump’s political heir.(If 55 percent seems like a less than resounding victory, recall that Mr. Trump came in only third in CPAC’s 2016 straw poll. Yet in that year’s primary contests he proved to be more popular with rank-and-file Republicans than he was with ideological conservatives like those who attend CPAC and tended to favor Ted Cruz in party caucuses.)Paradoxically, Mr. Trump may be all the stronger within the party because he served only one term. Many Republicans feel there is unfinished business to be settled after the Trump years. Many want a rematch to expunge the memory of defeat. The Republican right in particular feels that the battles Mr. Trump began over immigration, foreign policy, trade with China and the power of Big Tech in politics have yet to be played out.These are some of the themes that the party’s potential 2024 aspirants — Governor DeSantis, Senators Josh Hawley and Cruz, Nikki Haley (Mr. Trump’s former ambassador to the United Nations) and others — continue to underscore, as do a legion of conservative commentators. With only one term to enact its agenda, the Trump administration is forgiven for not having achieved everything it set out to do, and its setbacks can be chalked up to Mr. Trump’s inexperience on entering office, the hostility of his media critics and the bad luck that the Covid-19 crisis struck in a re-election year. Two of these three conditions will not apply in 2024.What will apply, for better or worse, is the power of Mr. Trump and his agenda to galvanize voters and drive turnout — for both parties. In 2020 Mr. Trump received more votes — 74 million — than any other Republican nominee in history. That was over 11 million more votes than Mr. Trump won four years earlier. After everything that had happened in those years, and even amid the historic hardships of Covid, the Trump brand had actually grown its base of support.Credit…Mark Peterson/Redux, for The New York TimesThis singular fact is seared into the minds of Republicans who look to the future, much as, after the 1964 election, forward-looking analysts like Kevin Phillips and the direct-mail innovator Richard Viguerie were more impressed by what Barry Goldwater had achieved in building a conservative movement of millions than by the fact of his loss. And Mr. Trump’s achievement was greater than Mr. Goldwater’s. Yet he lost, too; and many of the 81 million voters who elected President Biden seemed to be driven by antipathy to Mr. Trump and his politics, as indicated by the fact that many Biden voters did not vote for House Democrats.The lesson Republicans take from this is that Mr. Trump has discovered a potentially winning formula — if that formula’s power to attract voters to the Republican brand can be separated from the formula’s propensity to repel even larger numbers of voters who turn out to elect Democrats. More

    • 163 Shares199 Views

      in Elections

      Trump’s Republican Hit List at CPAC Is a Warning Shot to His Party

      by

      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentLatest UpdatesTrump AcquittedHow Senators VotedSeven Republicans Vote to ConvictAdvertisementContinue reading the main storySupported byContinue reading the main storyTrump’s Republican Hit List at CPAC Is a Warning Shot to His PartyIn his first public appearance since leaving office, Donald Trump went through, by name, every Republican who supported his second impeachment and called for them to be ousted.Former President Donald J. Trump told the Conservative Political Action Conference on Sunday that he would not form a new party, then called for ousting Republicans who had backed his second impeachment.CreditCredit…Erin Schaff/The New York TimesJonathan Martin and Published More

    • 113 Shares119 Views

      in Elections

      Trump 2.0 Looks an Awful Lot Like Trump 2020

      by

      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyThe conversationTrump 2.0 Looks an Awful Lot Like Trump 2020Are we really going to do this again?Gail Collins and Ms. Collins and Mr. Stephens are opinion columnists. They converse every week.March 1, 2021Credit…Mark Peterson for The New York TimesBret Stephens: I don’t know about you, Gail, but watching Donald Trump’s speech at the CPAC conference in Orlando brought to mind that Michael Corleone line: “Just when I thought I was out, they pull me back in!” Here we were, barely a month into the Biden presidency, thinking we could finally put one American disaster behind us and have normal arguments about normal subjects, and now we may be staring at the worst sequel of all time.The idea of another Trump presidential run is worse than “The Godfather Part III.” It’s “Dumb and Dumberer” meets “Friday the 13th Part VIII.”Gail Collins: Well, he made it very clear he’s planning on a “triumphant return to the White House.” If you folks want to save the Republican Party, you’re going to have to take him on.Bret: I’ve always wanted to write a musical called “The Mitt and I.”Gail: Seeing Trump so clearly gearing up for another presidential run brought me back to an ongoing argument we’ve been having. Third parties. Am I to understand you’re a fan?Bret: I’m not a fan of third parties that have no hope of winning elections and mainly serve as vanity projects for the likes of Ross Perot or Ralph Nader. And I’m obviously not a fan of extremist parties, whether they are of the George Wallace or Henry Wallace varieties.On the other hand, I’d be a fan of a right-of-center party that can replace the current Republican Party, one that believes in the virtues of small government and personal responsibility without being nativist and nasty.Gail: A lovely idea, but it’s not going to work. Nobody’s ever made it work. We’ve already seen an exodus of moderates and sane conservatives from the Republican Party, leaving it even loopier. And Trump is threatening to start a third party of his own, or at least he was, which would split things even more.Feel free to daydream about the perfect, sane, moderate alternative Republican Party, Bret, but no chance.Bret: Well, Abe Lincoln made it work by building a party on the wreckage of the Whigs.Gail: Not going to interject that it took a civil war …Bret: And there’s a political moment here. Gallup released a poll two weeks ago showing that 62 percent of Americans believe that “parties do such a poor job representing the American people that a third party is needed.” Among self-identified Republicans, the number was a notch higher: 63 percent. I think you are underestimating the number of people who feel they’ve been abandoned by a Republican Party that became a whacked-out cult of personality under Trump. What’s missing isn’t an agenda; it’s a galvanizing personality to lead a new movement.Gail: Which galvanizing personality do you have in mind — Mitt Romney?Bret: Given what happened to the G.O.P., I bet you sometimes wish he’d won back in 2012.Gail: Um, no. But let’s look at now. Reforming the current Republican Party would mean a million grass-roots battles to retake the base. Understandable that people would just prefer to start a new movement — much less nasty infighting. Just sincere get-togethers of like-minded people, holding barbecues and giving interviews to folks like us who are desperate to think this could work.But you could never create a massive 50-state party structure, with enough voters willing to make the very large decision of abandoning the party they’ve identified with forever. More