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    ‘Faith in Our Institutions Held’

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    Electoral College Results

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    Inside Biden’s Struggle to Manage Factions in the Democratic Party

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    Electoral College Results

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    Did the Resistance Defeat Donald Trump?

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyDid the Resistance Defeat Donald Trump?Some reasons to doubt a theory that’s shared by liberals and Trump supporters alike.Opinion ColumnistDec. 15, 2020, 5:00 a.m. ETMedia members watching Joe Biden onscreen and the White House in front of them in November. Credit…Oliver Contreras for The New York TimesTwo of the most intense factions in our politics, the anti-Trump Resistance with its claim to be standing against fascism and the conservatives trying to delegitimize Joe Biden’s victory with claims of widespread voter fraud, agree on almost nothing, but they do agree on one point: The Trump administration was successfully undermined — the Trump agenda thwarted and Donald Trump himself defeated — by liberal institutions that refused to normalize him, maintained a persistent alarm about his presidency and took every opportunity to obstruct, investigate, protest and impeach.The liberals urging constant vigilance and outrage against Trump’s challenge to the 2020 outcome are trying to see this project of resistance through to its Biden-inauguration end. Meanwhile, the Trumpian side is trying to imitate it, since lurking below the right’s fantasy politics is a more cynical assumption that it’s a great idea, a highly effective political counterpunch, for Republicans to act like Biden is an anti-president, a Great Pretender — because that’s what liberals did to Trump and it obviously worked.I think both of these groups are mostly wrong — that what defeated Trump was Trump himself, that the “fascism” discourse around his presidency was often a distraction, and that the most successful strategies pursued by the Democrats were strategies of normalcy rather than alarm. But now that the Electoral College has voted and a Biden presidency seems essentially assured, let’s consider the best arguments for how and why the Resistance undid Trump.From the Resisters themselves, those arguments accuse anyone who was skeptical of their alarmism of ignoring the importance of passion, organization and mobilization in American politics. To eye-roll at the would-be defenders of liberalism and democracy, Laura K. Field of the Niskanen Center asserted just before the election, is to engage in an “implicit denial of the work that has gone into attempting to defeat Trump.” If his authoritarianism has fizzled out in fantasy and hopeless lawsuits, it still could have been much, much worse if people hadn’t felt a world-historical incentive to resist — an effort that merits “gratitude and respect, not dismissive call-outs and belittling tweets.”Rather than emphasizing mobilization, meanwhile, the Trumpist version of Field’s argument emphasizes elite power — the way that the media and the judiciary and the bureaucracy joined with congressional Democrats in denying Trump any of the normal space of action that his predecessors enjoyed. This newspaper’s famous Op-Ed by “Anonymous” (later revealed to be Miles Taylor, the homeland security secretary’s chief of staff) claiming to represent the Resistance inside the Trump White House offers a condensed symbol of what these Trump supporters have in mind — a kind of inside-outside game of obstruction, with media entities and government officials cooperating to keep the agenda that Trump actually campaigned on from taking shape.To these arguments I would offer a concession and a rejoinder.The concession first: There’s no question that the anti-authoritarian, America-imperiled narrative of the last four years had some benefits for Trump’s opponents. It helped pressure the disparate factions of the American elite, from Silicon Valley to Wall Street, to close ranks against the president. It created an ideological home and a compelling self-understanding for anti-Trump Republicans. It contributed to the mobilization of suburban and minority voters in crucial states like Georgia and to the general sense of purpose that a successful political movement needs. And in its inside-game form, elite resistance definitely obstructed at least some of Trump’s expressed desires, from Gary Cohn and John Bolton maneuvering deceptively on NAFTA or NATO to the generals who repeatedly slow-walked orders to withdraw forces from the Middle East or Afghanistan.My rejoinder, though, is that it’s not clear whether the Resistance mentality was more effective than more politically normal modes of fighting Trump, and whether the inside-the-system obstruction of the president actually derailed a real agenda rather than just adding extra layers of chaos to a presidency that never had a vision or a plan.On the first point, one might observe that the Trump-era controversies most dominated by Resistance theatrics were conflicts that the Resistance didn’t win — the long Russiagate investigation and imbroglio, the Brett Kavanaugh confirmation battle, the impeachment fight.At the same time, Trump’s actual defeats were the work of very conventional political campaigning: a midterm campaign in which the Democrats organized around health care and other kitchen-table issues and a presidential election in which they nominated their most moderate candidate and ran on normalcy and decency, casting Trump as a terrible person and a bad president but not a Mussolini in the making.Then, too, the gains from the Resistance mentality came with a political price. The anti-Trump closing-of-ranks within elite institutions helped shore up the president’s populist bona fides, his claim to represent outsiders and non-elites, even when his actual policies favored insiders and the rich. The tendency to see an authoritarian depredation behind every policy move, however banal, weakened the credibility of the media, especially putatively neutral outlets like CNN. The pitch of anti-Trumpism bound once-dubious Republicans to his cause, almost matching the mobilization on the Democratic side.And the liberal belief that Trump was obviously, self-evidently a white supremacist and semi-fascist left liberalism somewhat blindsided by the voters who disagreed: not just the white shy-Trumpers of the suburbs but also the Trump-voting Latinos and African-Americans who helped keep the 2020 race competitive, denying Biden his blowout and the Resistance the full repudiation of Trumpism that it sought.On the right, meanwhile, the Trumpist conceit that the Mueller investigation or MSNBC hysteria were the main forces preventing a more successful Trump agenda gives that opposition way too much credit — and Trump himself way too little blame. It was not the Resistance but his own indifference that induced Trump to outsource policymaking to Paul Ryan and Mitch McConnell during the two years when his party actually controlled the government. It was not the Mueller investigation but the attempted Obamacare repeal and a not-very-populist tax plan that drove his polling numbers to their notable lows.When Kayleigh McEnany complained recently that her boss “was never given an orderly transition of power,” she had a point — but the major source of disorder was not Crossfire Hurricane or the Steele dossier but just the Trump team’s own incompetence, notably Jared Kushner’s decision to ditch Chris Christie’s transition plan without having a replacement.The Resistance may have induced Democrats to take a lot of party-line votes against the president, but if Trump actually pursued his promised infrastructure bill he would have found Democratic takers. In areas where he had competent people working for him (judicial nominations, above all), the political and media opposition was impotent to stop him. Impeachment was just a segue into his presidency’s peak, a triumphant State of the Union address just before the coronavirus came calling. Even late in 2020, Nancy Pelosi was willing to make a deal with him on a big new round of coronavirus relief, which might have helped save his re-election bid — yet Trump preferred instead to go down tweeting.So treating Biden the way Trump was treated, opposing him as Trump was opposed, is only a devastating strategy if you assume that Biden and his White House will miss as many opportunities and perform as many face-plants as Trump’s administration did.And that’s without even getting into the fact that the Republican campaign to delegitimize Biden can’t really emulate the Resistance, since the whole point of the anti-Trump effort was to mobilize a political and cultural establishment from which the populist right is notably excluded. At most a refusal to recognize Biden’s legitimacy could keep congressional Republicans voting in lock step against whatever the new president supports. But most would vote in lock step anyway, and the Republican senators most likely to break ranks, a Mitt Romney or a Susan Collins, are the least likely to be swayed by appeals to Biden’s supposed illegitimacy.Which means the attempt to build a right-wing Resistance narrative should probably be understood less as an effort to actually impede Biden’s administration and much more as a project to maintain Donald Trump’s position as his party’s leader, a president in exile — because, after all under its theory, he never really lost.If the idea of Trump 2024 appeals to you, as it currently does to many Republicans, then this kind of Resistancing may sound like a good way to keep anybody else from claiming any kind of real position in the party. But the primary claim being made for it — that it will obstruct and defeat Biden the way Resistance liberals took down Trump — is a twofold error: They didn’t, and it won’t.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.AdvertisementContinue reading the main story More

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    The Electoral College Shouldn't Matter More Than the Majority's Votes

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyWhy Getting the Most Votes MattersMajority rule shapes our lives — except when it comes to electing the president.Mr. Wegman is a member of the editorial board.Dec. 13, 2020, 3:10 p.m. ETCredit…Tamir Kalifa for The New York TimesAs the 538 members of the Electoral College gather on Monday to carry out their constitutional duty and officially elect Joe Biden as the nation’s 46th president and Kamala Harris as his vice president, we are confronted again with the jarring reminder that it could easily have gone the other way. We came within a hairbreadth of re-electing a man who finished more than seven million votes behind his opponent — and we nearly repeated the shock of 2016, when Donald Trump took office after coming in a distant second in the balloting.No other election in the country is run like this. But why not? That question has been nagging at me for the past few years, particularly in the weeks since Election Day, as I’ve watched with morbid fascination the ludicrous effort by Mr. Trump and his allies to use the Electoral College to subvert the will of the majority of American voters and overturn an election that he lost.The obvious answer is that, for the most part, we abide by the principle of majority rule. From the time we are old enough to count, we are taught that the bigger number beats the smaller number. It is the essence of fairness. It dictates outcomes in all areas of life, from politics to sports to cattle auctions. It’s decisive even in institutions whose purpose is to serve as a buffer against the majority.“Take the Supreme Court,” said Akhil Amar, a constitutional scholar at Yale Law School. “No one thinks that when it’s 5 to 4, the four win and the five lose. Everyone understands that five beats four. It goes without saying.”But the principle is especially important in elections. Why? Boil it down to three pillars of democratic self-governance: equality, legitimacy and accountability. We ignore them at our peril. And yet they are being ignored right now by millions of Americans, not to mention hundreds of high-ranking elected officials of one of our two major political parties.It occurred to me that in this moment, a defense of the concept of majority rule can no longer go without saying.First, and most fundamental: Majority rule is the only rule that treats all people as political equals. “That’s actually enormously important,” said Richard Primus, a professor at the University of Michigan law school. Any other rule inevitably treats certain votes as worth more than others. Sometimes that’s what we want, as when we require criminal juries to be unanimous in voting to convict. In that case, “there is one error that we prefer to the other error,” Mr. Primus said. “We want to make false convictions very difficult, much more rare than false acquittals.”But in an election for the president, he said, there is no “morally relevant criterion” for departing from majority rule. Voters in one part of the country are no wiser or more worthy than voters in another. And yet the votes of those in certain states always matter more. “What could possibly justify that?” Mr. Primus asked.This is not just an abstract numerical concern. When people’s votes are treated as unequal, it’s a short jump to treating people as unequal. Put another way, it’s not enough to say that we’re all equal before the law; we also must be able to have an equal say in the choice of the representatives who make and enforce the laws.There is a second reason majority rule is critical: It bestows legitimacy on the system. A representative government only works when its citizens see the electoral process as fair. When that legitimacy is absent, when people perceive — often accurately — that their vote doesn’t matter, they will eventually reject the system.“If we’re going to rule ourselves, we’re going to be ruled by majorities,” said Astra Taylor, an author and democracy activist. “There’s a stability in that idea. There’s a sense of the people deciding for themselves and buying in. That stability is incredibly valuable. The alternative is one in which we’re being ruled by something which is outside of us, whether a dictator or a technocracy or an algorithm.”Finally, majority rule ensures electoral accountability. As the economist Amartya Sen put it, democracies don’t have famines. A government that doesn’t have to earn the support of a majority of its citizens, or at least a plurality, is not truly accountable to them, and has no incentive to represent their interests or provide for their needs. This opens the door to neglect, corruption and abuse of power. (Talk to the millions of Californians ignored by President Trump during wildfire season.) “If someone has to run for re-election, they have to put attention into running things well,” Mr. Amar said. “If they don’t, they will lose elections.”The benefits of majority rule aren’t just a preoccupation for liberals like me, still stewing over the elections of 2000 and 2016. On election night 2012, when it appeared briefly that Mitt Romney might win the national popular vote but not the Electoral College, Donald Trump tweeted, “The electoral college is a disaster for a democracy.” A little while later, he tweeted, “More votes equals a loss … revolution!”He deleted that second one, but he needn’t have. He was only expressing a gut feeling everyone can recognize: The person who gets the most votes should win. If you doubt that, consider that the essence of the case Mr. Trump and his backers are making in every state where they are challenging the result is that the president won more votes than Mr. Biden.Mr. Trump made the same argument in 2016, when he lost the popular vote by nearly three million, yet insisted that he had actually won it “if you deduct the millions of people who voted illegally.”That both claims are laughably false is beside the point. Mr. Trump knows that in a democracy, real legitimacy comes from winning more votes than the other guy (or woman).Of course, everyone is a fan of majority rule until they realize they can win without it. In the last 20 years, Republicans have been gifted the White House while losing the popular vote twice, and it came distressingly close to happening for a third time this year. So it’s no surprise that in that period, the commitment of Republicans to majority rule, along with other democratic norms, has plummeted. A report by an international team of political scientists found a steep drop in Republican support for things like free and fair elections, and the respectful treatment of political opponents. The party’s rhetoric “is closer to authoritarian parties” in Eastern Europe, the report found.For modern Republicans, democracy has become a foreign language. “We’re not a democracy,” Senator Mike Lee of Utah tweeted in October, in what has become a disturbingly common refrain among conservatives. “Democracy isn’t the objective; liberty, peace, and prospefity are. We want the human condition to flourish. Rank democracy can thwart that.”Notice how, in Mr. Lee’s telling, “democracy” morphs into “rank democracy.” What does he mean by “rank democracy”? Presumably, what James Madison referred to as direct or “pure” democracy, the form of self-rule in which people vote directly on the laws that govern them. But there is no such thing as “rank democracy” when it comes to elections. The term is nothing more than a modern Republican euphemism for majority rule.Speaking of the founders, Republicans love to invoke them in support of their stiff-arming of democracy. Perhaps they forgot what those founders actually said.“The fundamental maxim of republican government,” Alexander Hamilton wrote in the Federalist No. 22, “requires that the sense of the majority should prevail.”James Madison, who is often cited for his warnings about the threats of popular majorities, changed his tune after spending several decades watching the American system of government he designed play out in practice. “No government of human device and human administration can be perfect,” Madison wrote in 1834. But republican government is “the best of all governments, because the least imperfect,” and “the vital principle of republican government is … the will of the majority.”Thomas Jefferson, in his first Inaugural Address, said the “sacred principle” is that “the will of the majority is in all cases to prevail.” In the same breath he emphasized that political minorities also have rights that require protection. Those protections exist in the design of our government and in the guarantees of the Constitution, as applied by the courts. The point is that minorities can be protected at the same time that majorities elect leaders to represent us in the first place.Joe Biden will be the next president because he won the Electoral College. But he should really have the job because he won the most votes.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.AdvertisementContinue reading the main story More

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    Trump Allies Eye Long-Shot Election Reversal in Congress, Testing Pence

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    State Certified Vote Totals

    Election Disinformation

    Full Results

    Biden Transition Updates

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    Biden Faces Intense Pressure From All Sides as He Seeks Diverse Cabinet

    #masthead-section-label, #masthead-bar-one { display: none }The Presidential TransitionLatest UpdatesFormal Transition BeginsBiden’s CabinetDefense SecretaryElection ResultsAdvertisementContinue reading the main storySupported byContinue reading the main storyBiden Faces Intense Pressure From All Sides as He Seeks Diverse CabinetThe pressure on the Democratic president-elect is intense, even as his efforts to ensure ethnic and gender diversity already go far beyond those of President Trump. And it’s coming from all sides.The introduction of President-elect Joseph R. Biden Jr.’s cabinet and White House picks has created angst among many elements of the party.Credit…Anna Moneymaker for The New York TimesMichael D. Shear and Dec. 12, 2020Updated 9:33 p.m. ETWASHINGTON — The head of the N.A.A.C.P. had a blunt warning for President-elect Joseph R. Biden Jr. when Mr. Biden met with civil rights leaders in Wilmington this week.Nominating Tom Vilsack, a secretary of agriculture in the Obama administration, to run the department again would enrage Black farmers and threaten Democratic hopes of winning two Senate runoffs in Georgia, the N.A.A.C.P. head, Derrick Johnson, told Mr. Biden.“Former Secretary Vilsack could have a disastrous impact on voters in Georgia,” Mr. Johnson cautioned, according to an audio recording of the meeting obtained by The Intercept. Mr. Johnson said Mr. Vilsack’s abrupt firing of a popular Black department official in 2010 was still too raw for many Black farmers despite Mr. Vilsack’s subsequent apology and offer to rehire her.Mr. Biden promptly ignored the warning. Within hours, his decision to nominate Mr. Vilsack to lead the Agriculture Department had leaked, angering the very activists he had just met with.The episode was only one piece of a concerted campaign by activists to demand the president-elect make good on his promise that his administration will “look like America.” In their meeting, Mr. Johnson and the group also urged Mr. Biden to nominate a Black attorney general and to name a White House civil rights “czar.”The pressure on the Democratic president-elect is intense, even as his efforts to ensure ethnic and gender diversity already go far beyond those of President Trump, who did not make diversity a priority and often chose his top officials because they looked the part. And it is coming from all sides.When Mr. Biden nominated the first Black man to run the Pentagon this week, women cried foul. L.G.B.T.Q. advocates are disappointed that Mr. Biden has not yet named a prominent member of their community to his cabinet. Latino and Asian groups are angling for some of the same jobs.Allies of the president-elect note that he has already made history. In addition to nominating retired Gen. Lloyd J. Austin III, to be the first Black secretary of defense, he has chosen a Cuban immigrant to run the Department of Homeland Security, the first female Treasury secretary, a Black woman at the Housing and Urban Development Department and the son of Mexican immigrants to serve as the secretary of health and human services.Retired Gen. Lloyd J. Austin III would be the first Black secretary of defense if confirmed. Mr. Biden passed over Michèle Flournoy, who would have been the first woman for the job.Credit…Hilary Swift for The New York TimesAnd, perhaps most notably, he picked Kamala Harris to be his running mate, making her the first Black person and the first woman to be vice president.But the rollout of Mr. Biden’s cabinet and White House picks has created angst among many elements of the party. While some say he appears hamstrung by interest groups, others point out that his earliest choices included four white men who are close confidants to serve as chief of staff, secretary of state, national security adviser and his top political adviser, leaving the impression that for the administration’s most critical jobs Mr. Biden planned to rely on the same cadre of aides he has had for years.“Added consternation,” the leader of one advocacy group in Washington said of Mr. Biden’s initial picks.Glynda C. Carr, the president of Higher Heights for America, a political action committee dedicated to electing progressive Black women, said there was a feeling of defeat that Mr. Biden had not awarded key jobs in his cabinet to Black women, as the group had hoped.Susan Rice, a Black woman who was United Nations ambassador and national security adviser in the Obama administration, had been seen as a candidate for secretary of state. Instead, she will become the director of Mr. Biden’s Domestic Policy Council, a position that does not require Senate confirmation. Representative Marcia L. Fudge of Ohio, another Black woman, was passed over for secretary of agriculture, the job she and her allies had pushed for, and instead was nominated to be secretary of housing and urban development.Both the state and agriculture jobs went to white men instead.“For me, I certainly would want Susan Rice to be on the team rather than not be on the team,” Ms. Carr said, but that it was “disappointing” to see Ms. Rice in a position that was not cabinet-level. “We need to continue pushing,” she added.Women’s groups were also disappointed by Mr. Biden’s decision to pick General Austin for defense secretary instead of Michèle Flournoy, a longtime senior Pentagon official who had been seen as the leading contender for the job for months.It did not help Mr. Biden’s case with women that he also chose Xavier Becerra, the California attorney general, as the health and human services secretary over Gov. Michelle Lujan Grisham of New Mexico, who was singled out as a likely candidate for the job just days before she was passed over.Picking General Austin also did not assuage civil rights leaders like the Rev. Al Sharpton, who is adamant about the need for a Black attorney general, or at least someone with a background on voting rights enforcement.California’s attorney general, Xavier Becerra, right, was nominated as health and human services secretary over Gov. Michelle Lujan Grisham of New Mexico.Credit…Hilary Swift for The New York TimesIn an interview after his meeting with Mr. Biden, Mr. Sharpton was blunt about when he would feel satisfied that the president-elect had kept his diversity promise.“If we get a genuine attorney general that has a credible background on civil rights and voting rights enforcement,” he said. “If we get a credible person with a genuine background in labor, and education, then I would be willing to say that I’m willing to accept some defeats or setbacks” in other positions.Mr. Sharpton has also been clear about who he will not accept. He said Black activists would not support any position for Rahm Emanuel, the former chief of staff for President Barack Obama whose legacy as mayor of Chicago he condemns because of Mr. Emanuel’s handling of the killing of Laquan McDonald, a Black teenager, in 2014 by a police officer.Other activists are equally determined to prevent the president-elect from nominating people they view as too conservative and too timid in confronting racial injustices or too connected to the corporate world.This month, a group of over 70 environmental justice groups wrote to the Biden transition team urging the president-elect not to appoint Mary Nichols, California’s climate change regulator and one of the nation’s most experienced climate change officials, to run the Environmental Protection Agency.“We would like to call your attention to Ms. Nichols’s bleak track record in addressing environmental racism,” the groups wrote, saying that she pushed California’s cap-and-trade program to reduce greenhouse gases at the expense of local pollutants, which disproportionately affect minority communities.The Presidential TransitionLatest UpdatesUpdated Dec. 11, 2020, 9:07 p.m. ETCongress might ban surprise medical billing, and that’s a surprise.Biden is considering Cuomo for attorney general.‘Our institutions held’: Democrats (and some Republicans) cheer Supreme Court ruling on election suit.People close to the transition say Ms. Nichols may end up losing the job to Heather McTeer Toney, a regional E.P.A. administrator in the Obama administration, who is a top choice of liberal activists and would be the second Black woman to lead the agency.Adam Green, the founder of the Progressive Change Campaign Committee, said liberal organizations have been largely happy with some of Mr. Biden’s picks, including Ron Klain, one of his longtime advisers, as chief of staff and Janet L. Yellen, a former chair of the Federal Reserve, to be Treasury secretary.But he said that Mr. Biden had not selected any champion of the progressive movement, adding, “Those at the tip of the spear so far are not in the biggest positions.”And nominees like Mr. Vilsack, whom Mr. Green accused of having too many ties to large corporate agriculture industries, are a disappointment, he said.“There is so much opportunity with agriculture, especially if we want to make gains in the Midwest,” he said. But that would require a secretary willing to “go to bat for family farmers against big agriculture.”As Mr. Biden mulls his choices for interior secretary, a coalition of Democrats, Native Americans, liberal activists and Hollywood celebrities is pressing him to appoint Representative Deb Haaland of New Mexico, a Native American, instead of Senator Tom Udall, Democrat of New Mexico and a longtime friend of Mr. Biden’s.On Thursday night, a group of liberal activists, including the Sunrise Movement, one of the left’s most prominent groups, wrote to Mr. Udall, who is white, urging him take himself out of the running for a job that his father, Stewart L. Udall, had under Presidents John F. Kennedy and Lyndon B. Johnson.“It would not be right for two Udalls to lead the Department of the Interior, the agency tasked with managing the nation’s public lands, natural resources and trust responsibilities to tribes, before a single Native American,” they wrote.On Capitol Hill, progressive Democratic lawmakers like Representative Alexandria Ocasio-Cortez of New York, are reserving judgment on Mr. Biden’s choices.“I think one of the things I’m looking for when I see all of these picks put together is, what is the agenda?” she told reporters.Janet L. Yellen, a former chair of the Federal Reserve, was nominated to be Treasury secretary. She would be the first woman to lead the department.Credit…Kriston Jae Bethel for The New York TimesDuring his meeting with the activists, Mr. Biden bristled at the idea that his nominations suggest he was not pursuing a progressive agenda.“I don’t carry around a stamp on my head saying ‘I’m progressive and I’m A.O.C.,’” Mr. Biden said, referring to Ms. Ocasio-Cortez. “But I have more of a record of getting things done in the United States Congress than anybody you know.”The comments reflect what people familiar with Mr. Biden’s thinking say is his growing frustration with the public and private pressure campaigns.But promises to interest groups during his campaign tend not to be forgotten.Alphonso David, the president of Human Rights Campaign, a group dedicated to advancing the interests of the L.G.B.T.Q. community, said Mr. Biden assured him months ago that he was committed to diversity in his appointments. For Mr. David, the goal is for an L.G.B.T.Q. person to be named to a cabinet-level position requiring Senate confirmation — something that has never happened.“That is an important barrier to break. we need to make sure that all communities are represented,” Mr. David said. Like other activists, Mr. David hesitated to pass judgment on Mr. Biden until he finished picking his cabinet.“It’s too soon to tell yet,” he said. But he added a warning that Mr. Biden has heard all too often in recent days.“If we don’t have the diversity of representation that Joe Biden has been pledging and that we are looking for,” he said, “there will be huge disappointment.”Still, defenders of the president elect are equally direct.“He picked the first woman and first Black vice president. First woman Treasury secretary. First Black defense secretary,” said Philippe Reines, a veteran Democratic operative and former top adviser to Hillary Clinton. “But if they can’t trust Joe Biden to continue to do the right thing and seek to pick the cabinet, they should do what he did: run for and win the presidency.”Luke Broadwater More

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    Meet the Electoral College’s Biggest Critics: Some of the Electors Themselves

    AdvertisementContinue reading the main storySupported byContinue reading the main storyMeet the Electoral College’s Biggest Critics: Some of the Electors Themselves“Do we really want 538 Bob Nemanichs electing our president?” Bob Nemanich, a former elector, doesn’t. And he is hopeful that 2020 might put future electors out of a gig.Polly Baca serves as one of the Electoral College’s 538 electors, while all but calling for the group to be abolished.Credit…Daniel Brenner for The New York TimesDec. 12, 2020Updated 7:06 p.m. ETFew critics of the Electoral College are quite like Polly Baca.Ms. Baca believes the Electoral College, which has chosen American presidents since George Washington, “has absolutely no reason to be.” This year, she brought, and lost, a Supreme Court case challenging her state’s rules over how electors vote. Before electors cast their ballots for president in 2016, she invited several members to her home to plot a way — also unsuccessful — to circumvent the outcome.But unlike Donald J. Trump, whose raft of legal filings and maneuvers has failed to change the result of this year’s election, Ms. Baca is a Democrat. And she even serves as one of the body’s 538 electors while all but calling for the group to be abolished.“There’s absolutely no reason why the world’s strongest democracy doesn’t elect its C.E.O. with the popular vote,” said Ms. Baca, who will cast one of Colorado’s nine electoral votes for Joseph R. Biden Jr., the president-elect. “I’ve been on the outside, but I prefer to go on the inside to see what I can do.”It is the Electoral College, not the direct vote of the American people, that will decide the next president on Monday, when its 538 electors, chosen mostly during state party gatherings earlier this year, sign their ballots and send them to Washington.For generations, the body was viewed as a rubber stump to the will of the voters — but as with many things, scrutiny came only when things seemed to go wrong. The 2000 contest between Al Gore and George W. Bush showed that a mere 537 popular ballots could tip Florida’s Electoral College votes, and with it, the presidency. The 2016 election proved that a president could lose by millions of popular votes, yet be handed the White House anyway.“The head of the student council in your middle school was elected by a popular vote,” said Alexander Keyssar, a Harvard historian and the author of a book called “Why Do We Still Have the Electoral College?” “I know it’s an old-fashioned notion, but the most fundamental democratic value is that all votes should count equally.”(He is not a fan.)Yet it’s hard to think of a time before this year that dragged the Electoral College, and American democracy with it, into such dangerous territory.The election, where it was clear by evening on Election Day that Mr. Biden had won the popular vote, turned into a nail-biter that stretched on for days — largely because of the high volume of mail ballots in a few states rich in Electoral College votes. President Trump used the delay to make false claims from the White House that fraud was underway and that he had actually won.Mr. Trump then turned to the courts to swing the Electoral College his way, backing lawsuits in Pennsylvania, Nevada, Georgia, Arizona and Wisconsin. The president’s lawyers appeared to hope that a friendly judge would overturn the results in one or more states that would allow him the 270 electors he needed to remain in office.As judges dismissed his suits, the president urged Republican state lawmakers to send delegations to the Electoral College who would vote for him anyway. He then brought White House influence to bear on a county election body in Michigan — one more last-ditch effort to stall the state from sending electors for Mr. Biden.That has left electors like Ronda Vuillemont-Smith, a conservative Oklahoma activist who will cast her vote for Mr. Trump on Monday, believing the president will stay in office.“I’m going to be quite honest with you, I think Donald Trump will be president for a second term,” she said, citing continued attempts to overturn the results.Yet for other electors, the frantic moves by a sitting president — indeed, most of the election itself — has led to soul-searching, not just on who should be president, but also on how the president should be chosen.“These tactics are tantamount to those in authoritarian governments,” said Alan Kennedy, a presidential elector in Denver. He said the election reminded him of a stint when he lived in Uganda and its president jailed his main opponent ahead of an election, something Mr. Trump also has repeatedly called for during his campaigns.Mr. Kennedy plans to dutifully cast his vote on Monday for Mr. Biden. But for Mr. Kennedy, a captain in the Colorado Army National Guard who served in the Middle East, a question still looms large behind the task ahead of him: Is such a system really in keeping with the nation’s ideals?“What’s terrifying is how close we came to another election of a president who won the Electoral College while losing the popular vote,” he said.Robert Nemanich is quick to point out that he had no professional qualifications for being an elector other than being a high school math teacher.Credit…Daniel Brenner for The New York TimesRobert Nemanich, a former elector from Colorado Springs, puts it another way.“Do we really want 538 Bob Nemanichs electing our president?” he asked.Mr. Nemanich is quick to point out his only professional qualification for the job was being a high school math teacher. After volunteering as a Bernie Sanders primary delegate in 2016, Mr. Nemanich landed the job after giving out credentials at a state Democratic convention where selecting the electors was one of the agenda items.“I was one of the few asking to be an elector, and I would say 90 percent of people didn’t know what that was,” he said.And while this year’s electors include respected party officials and well-known activists — Hillary Clinton said she would be an elector for New York State — there have also been some unexpected names recruited for the task.They include Terri Hodge, a former state representative in Dallas who was sentenced to a prison term after pleading guilty to corruption charges in 2010, whom Texas Democrats selected as an elector this year. (As Mr. Trump won Texas, Ms. Hodge will not cast a ballot.)Tracking Disinformation More