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      The Supreme Court Has Earned a Little Contempt

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      Although the Supreme Court has been deciding cases at a glacial pace this term — and that with an almost comically small docket of only 59 merits cases — the justices have found other ways to keep busy. They have been spinning their ethical lapses (Justice Clarence Thomas), blowing off congressional oversight (Chief Justice John Roberts), giving interviews whining about public criticism (Justice Samuel Alito) and presenting awards to one another (Justice Elena Kagan to Mr. Roberts).In the cases it has decided, the Supreme Court has gutted an important provision of the Clean Water Act and made it easier for private litigants to mount constitutional challenges to an administrative agency’s structure or existence. Opinions still to come threaten to strike down everything from affirmative action in education to student debt relief to the Indian Child Welfare Act.Court observers might be tempted to describe all this as a relatively recent development, a function of the court’s 6-to-3 Republican-appointed supermajority. The University of Michigan law professor Leah Litman has called this the “YOLO court” (for “you only live once”), because of the majority’s apparent sense of liberation in pursuing long-held conservative goals. Mark Lemley of Stanford placed the beginning of the “imperial Supreme Court” in 2020.Mr. Lemley is right to decry the self-aggrandizing nature of the court. But his dating is somewhat off. Judicial self-aggrandizement has been in the works for a lot longer: It has been a hallmark of the John Roberts years.Over roughly the past 15 years, the justices have seized for themselves more and more of the national governing agenda, overriding other decision makers with startling frequency. And they have done so in language that drips with contempt for other governing institutions and in a way that elevates the judicial role above all others.The result has been a judicial power grab.Judges have long portrayed themselves as neutral, apolitical conduits of the law, in contrast to the sordid political branches. This portrayal serves to obscure the institution of the judiciary and to foreground the abstract, disembodied concept of the law. In turn, it serves to empower judges, who present themselves not as one type of political actor but rather as the voice of the majestic principles of the law.But Mr. Roberts’s judiciary has increasingly taken subtext and made it text. Here are three thematic examples out of many.Campaign Finance LawStarting with Citizens United in 2010, the Republican-appointed majority on the court has consistently struck down provisions limiting the influence of money in politics, including provisions that it previously upheld. In a 2014 case, Mr. Roberts wrote that campaign finance regulations that pursue objectives other than eradicating quid pro quo corruption or its appearance “impermissibly inject the government into the debate over who should govern. And those who govern should be the last people to help decide who should govern.”In this brief passage, Mr. Roberts implicitly distances his own institution from “the government” of which it is obviously a part, implies that the court stands outside the processes of governance, and suggests that there is something self-dealing and borderline corrupt about campaign finance laws passed by elected legislatures.In these same cases, the justices have described nonjudicial political speech in terms that make it sound kind of … icky. It involves “sound bites, talking points and scripted messages that dominate the 24-hour news cycle,” in Justice Anthony Kennedy’s words. This sort of speech deserves protection for the same reasons that “flag burning, funeral protests and Nazi parades” do, in Mr. Roberts’s.Yet there has been one glaring exception to the majority’s hostility to campaign finance regulations: In the context of state judicial elections, they have upheld restrictions that they would be highly unlikely to tolerate in the context of nonjudicial elections. Tellingly, these cases describe judges in a manner that starkly contrasts with how they have described nonjudicial officeholders.As Mr. Kennedy put it in a 2009 case about when campaign spending required a state judge to recuse himself, “Precedent and stare decisis and the text and purpose of the law and the Constitution, logic and scholarship and experience and common sense, and fairness and disinterest and neutrality are among the factors at work” when judges consider cases — a far cry from the “sound bites, talking points and scripted messages” of nonjudicial political speech.And in a 2015 case upholding a Florida law that forbade candidates for judicial office from personally soliciting campaign contributions, Mr. Roberts, anachronistically appealing to the authority of Magna Carta, wrote that judges “cannot supplicate campaign donors without diminishing public confidence in judicial integrity” and concluded that “judges are not politicians, even when they come to the bench by way of the ballot.”Mr. Roberts’s protestations to the contrary notwithstanding, judges are political actors, and striking down federal election laws is an aggressive act of governance by the judiciary. And the justices’ language in these cases, holding up judges as noble instruments of the law and denigrating other officeholders as power-grubbing and superficial, serves to reinforce and justify the notion that they are uniquely qualified to govern us.Congressional OversightOn one day in 2020, the court decided two cases dealing with very similar subpoenas for information about President Donald Trump’s financial and business dealings. One set of subpoenas came from congressional committees; the other came from a New York State grand jury.Mr. Roberts wrote both opinions. In the case dealing with congressional subpoenas, he worried that Congress may aim to “harass the president or render him ‘complaisan[t] to the humors of the legislature.’” Accordingly, the subpoenas must be superintended by the courts, lest the legislature “‘exert an imperious controul’ over the executive branch and aggrandize itself at the president’s expense, just as the framers feared.” (The internal quotations there are from the Federalist Papers to provide a patina of antiquity.) He thus announced a multipart balancing test that applies only when Congress seeks the personal papers of the president.While that decision made the president a supercitizen vis-à-vis congressional subpoenas, the other opinion emphasized that he is just a regular citizen when it comes to judicial subpoenas. Unlike Congress, apparently, a grand jury requires “all information that might possibly bear on its investigation.” Whereas Mr. Roberts worried about Congress harassing the president, “we generally ‘assume[] that state courts and prosecutors will observe constitutional limitations.’”Not only do these opinions stymie congressional oversight — the papers were not handed over to the committees until nearly two years into the Biden administration — they also do so using language that elevates judicial institutions while denigrating legislative ones.Federal RegulationCongress is not alone; administrative agencies also bear the brunt of the justices’ disdain. In a series of recent cases that, for example, struck down the E.P.A.’s clean power plan for addressing climate change, the Republican-appointed justices have invented the so-called major questions doctrine. If they consider an issue major — and they have not told us what makes a question major beyond “vast economic and political significance” or “earnest and profound debate across the country” — then they will not allow an agency to regulate in that manner unless Congress has clearly stated that it may.To use an analogy: If a majority of justices determine that eating an ice cream cone is a major question, then it is not enough that Congress has empowered the agency to “eat any dessert it chooses.” It must legislate that the agency can “eat any dessert it chooses, including ice cream cones.” But Congress has no way of knowing whether eating an ice cream cone is major until it sees what a majority of justices have to say about it.In justifying this doctrine, the justices have raised the specter of out-of-control bureaucrats intruding on the liberty of citizens, undermining legal stability, serving only special interests and invading the domain of the states.You might think that this doctrine is meant to protect congressional power, except that it dictates to Congress how it must legislate, despite the fact that Congress has no way of knowing in advance what issues will be considered major. Moreover, as the legal scholar Beau Baumann has noted, Justice Neil Gorsuch and his colleagues have justified the doctrine on the grounds that Congress is too eager to delegate to agencies in order to avoid political responsibility, so the courts must keep Congress in line. In other words, the justices are paternalistically claiming to protect Congress from itself.***In all of these areas and in plenty more, the justices have seized for themselves an active role in governance. But perhaps even more consequentially, in doing so, they have repeatedly described other political institutions in overwhelmingly derogatory terms while either describing the judiciary in flattering terms or not describing it at all — denying its status as an institution and positioning it as simply a conduit of disembodied law.This is the ideological foundation for the Roberts-era judicial power grab.It is also worth noting that this ideological project is bipartisan. Republican-appointed justices dominate the court and have for many decades, but their Democratic-appointed colleagues — while dissenting in many individual opinions — evince no desire to contest the underlying disdain for other institutions or elevation of their own. When Mr. Roberts recently refused to testify before the Senate Judiciary Committee, nothing stopped Justices Sonia Sotomayor, Elena Kagan or Ketanji Brown Jackson from volunteering to testify, but they did not. Nothing is stopping them from publicly calling for a binding ethics code or from questioning not just the correctness but also the legitimacy of their institution’s assertiveness, but they have not.Recognizing the justices’ ideological project also points to the beginning of the solution. We ought to begin talking about the justices the way we talk about other political actors — recognizing that their first name is not Justice and that they, like other politicians, should be identified by their party.We should stop talking about another branch’s potential defiance of a judicial opinion as an attack on “the rule of law” and instead understand it as an attack on rule by judges, one that may (or may not) be a justified response to some act of judicial governance. And those other branches should be more willing — as they have at other moments in American history — to use the tools at their disposal, including cutting the judiciary’s funding, to put the courts in their place.In recent years, the judiciary has shown little but contempt for other governing institutions. It has earned a little contempt in return.Josh Chafetz (@joshchafetz) is a law professor at Georgetown and the author of “Congress’s Constitution.” This essay is adapted from a forthcoming article in The St. Louis University Law Journal.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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      DeSantis’s Administration Solicits Endorsements and Money for His Campaign

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      The appeals for endorsements from lawmakers and donations from lobbyists, which were described by several people familiar with the outreach, blur the line between the governor’s administration and his campaign.As Gov. Ron DeSantis of Florida begins his presidential bid, officials in his administration have solicited donations from lobbyists and endorsements from lawmakers in the state, blurring the line between his taxpayer-funded office and his political campaign.The outreach by the governor’s office, which would normally fall to Mr. DeSantis’s campaign staff, was described by two people who said they were approached by administration officials and who insisted on anonymity. In at least one case, a member of Mr. DeSantis’s administration sent a text message to a lobbyist with a link to his presidential fund-raising platform.NBC News first reported the solicitations to the lobbyists.The people who were approached discussed the conversations only on the condition of anonymity, out of fear of reprisals by the governor’s office, and insisted that the government officials not be named so as to avoid revealing their own identities.Representatives for Mr. DeSantis’s office and campaign did not respond to requests for comment.Mr. DeSantis has yet to sign Florida’s $117 billion budget, over which he retains a line-item veto — meaning he can, with the stroke of a pen, eliminate spending projects sought by lobbyists and legislators in Tallahassee, the capital, where he has exerted firm control over the Republican-controlled Legislature.The outreach to lobbyists gave the impression that donations would be tracked by the governor’s office, according to two people familiar with the matter.In addition to the efforts to secure support from lobbyists, the main super PAC backing Mr. DeSantis’s bid announced last week that 99 of Florida’s 113 Republican state legislators had endorsed Mr. DeSantis for president. Several lawmakers said privately that they feared he might veto their bills or spending projects if they did not support him. Two said they had been contacted by members of the governor’s administration about making endorsements.As governor, Mr. DeSantis has sought to expand the power of his office and has relied on the specter of political retribution, bending legislators to do his bidding or else face primary challenges and targeting corporations like Disney that he has clashed with.The unusual outreach to lobbyists and lawmakers highlights the careful line that Mr. DeSantis and his allies must walk as he seeks the nation’s highest post while governing its third largest state.Under Florida law, state employees are generally allowed to participate in political campaigns if they do so during their personal time, with their personal devices and without making reference to their official duties or authority, among other factors.Ethics experts said the accounts of DeSantis administration officials’ aiding his campaign merited further scrutiny — but the members of the Florida Commission on Ethics, which looks into allegations of ethical violations by government employees, are appointed by Mr. DeSantis and his allies in the Legislature.“The conduct raises very serious and substantial questions,” said Anthony V. Alfieri, founding director of the Center for Ethics and Public Service at the University of Miami School of Law.Juan-Carlos Planas, a Florida elections lawyer, said the governor’s executive staff and political team should maintain clear boundaries.“Government is not supposed to be overtly political,” Mr. Planas said. “People have to be able to deal with the government knowing that the campaign is a separate entity. When you start blurring the line, it becomes autocratic.”Mr. DeSantis has made urgent efforts to raise money for his campaign to take on former President Donald J. Trump, who boasts an army of small donors. On Thursday, Mr. DeSantis’s campaign said it had raked in a record $8.2 million in the first official day of his run for the White House. The remarkable dollar amount helped quiet criticism of his glitch-filled campaign announcement on Twitter a day earlier.At least some of the haul came from Florida lobbyists. Many of the lobbyists and their clients have projects within the state budget that Mr. DeSantis could choose to veto — giving them a clear incentive to contribute when asked. Several state lobbyists attended a daylong fund-raising session with Mr. DeSantis at the Four Seasons hotel in Miami on Thursday.Aided by the event, which was called Ron-O-Rama, Mr. DeSantis raised roughly twice as much money as Mr. Trump did in the 24 hours after his criminal indictment this year. The sum broke the previous one-day record of $6.3 million set by Joseph R. Biden Jr. in 2019.Mr. DeSantis is also under pressure to wrench key Republican endorsements away from Mr. Trump, who scored an early victory last month by securing the support of a majority of Florida Republicans in Congress.Maggie Haberman More

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      DeSantis Campaign Says It Raised $8.2 Million in First 24 Hours

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      The cash haul points to the strengths Ron DeSantis will have in taking on Donald Trump.Gov. Ron DeSantis of Florida raised $8.2 million in his first 24 hours as a presidential candidate, his campaign said on Thursday, a huge sum that cements his standing as the leading Republican rival to Donald J. Trump.Mr. DeSantis’s campaign began on Wednesday evening with a glitch-filled kickoff on Twitter, but that apparently did not slow donor enthusiasm. The campaign said on Wednesday that it had raised $1 million during a single hour.The $8.2 million figure is more than the $6.3 million that Joseph R. Biden Jr. raised in his first 24 hours as a candidate in 2019, or the $6.1 million raised by former Representative Beto O’Rourke that same year.The haul will immediately infuse his campaign with the money needed to finance a growing political operation and aggressive travel schedule that will take the governor to 12 cities across three states next week.The sum is roughly double the $4 million that Mr. Trump’s campaign said it had raised in the 24 hours after his criminal indictment earlier this year, though most of that money was raised organically online.The DeSantis sum includes both online contributions and donations secured by bundlers who had gathered on Thursday at the grand ballroom in the Four Seasons in Miami for what was called a Ron-O-Rama to make fund-raising calls for the campaign.Bryan Griffin, a DeSantis spokesman, said the campaign was raising both primary and general election funds. The campaign can raise $3,300 per donor for both the primary and general election. He declined to say how money was earmarked for use only in the general election, should Mr. DeSantis become the nominee.A donor making calls in the room first disclosed that the campaign had raised $8.2 million, and Mr. Griffin confirmed the figure. All the funds are so-called hard dollars that the campaign can use.The sum does not include any of the funds that the pro-DeSantis super PAC, Never Back Down, has raised in recent months into a Draft DeSantis account that can be directly transferred to the campaign, according to Mr. Griffin. It is unclear how much money is in that account.It was not immediately clear how many donors had contributed in the first 24 hours.At the Four Seasons in Miami, Lou Barletta, a former congressman from Pennsylvania and one-time Trump ally, said he spent seven-and-a-half hours calling contacts for donations to Mr. DeSantis’s campaign, only breaking to use the bathroom and grab a buffet lunch.“There was so much enthusiasm in that room,” Mr. Barletta said. “I had very, very few people say no to me on those calls.”Mr. DeSantis himself helped make calls for parts of the day, according to several donors in attendance, and on Thursday evening, he and his wife, Casey, were scheduled to meet with donors in what was billed as a “special celebration.”The super PAC supporting Mr. DeSantis is planning for a $200 million budget, but campaign funds are far harder to raise because they face a strict donation cap.The $8.2 million brought in by Mr. DeSantis far outpaces how Mr. Trump began his 2024 fund-raising in late 2022. Mr. Trump had raised about $9.5 million in the six weeks after he announced his campaign in mid-November.Nicholas Nehamas More

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      Is Trump’s Nomination Now Inevitable?

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      Luke Vander Ploeg, Michael Simon Johnson, Clare Toeniskoetter, Carlos Prieto and Rachel Quester, Lisa Tobin and Marion Lozano and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicVoters in the 2022 midterms seemed to send a clear message — a rejection of Trumpism and extremism. And yet it appears increasingly likely that he will win the Republican nomination for the 2024 presidential election. Astead W. Herndon, a national political correspondent for The Times and the host of the politics podcast The Run-Up, explains what shifted in Republican politics so that Mr. Trump’s nomination could start to seem almost inevitable.On today’s episodeAstead W. Herndon, a national political correspondent for The New York Times.Former President Donald J. Trump appears becoming increasingly likely to be the Republican presidential nominee in 2024.Haiyun Jiang/The New York TimesBackground readingTo some Republicans and Democrats, the charges brought against Mr. Trump in New York appeared flimsy and less consequential than many had hoped. To others, the case had the potential to reverberate politically.In a phone call with top donors, Gov. Ron DeSantis of Florida privately argued that Mr. Trump couldn’t win in the general election. Mr. DeSantis is expected to officially enter the presidential race next week.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Astead W. Herndon More

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      Ron DeSantis’s Use of Private Jets From Wealthy, Sometimes Secret Donors

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      As the Florida governor hopscotched the country preparing to run for president, a Michigan nonprofit paid the bills. It won’t say where it got the money.For Ron DeSantis, Sunday, Feb. 19, was the start of another busy week of not officially running for president.That night, he left Tallahassee on a Florida hotelier’s private jet, heading to Newark before a meet-and-greet with police officers on Staten Island on Monday morning. Next, he boarded a twin-jet Bombardier to get to a speech in the Philadelphia suburbs, before flying to a Knights of Columbus hall outside Chicago, and then home to his day job as governor of Florida.The tour and others like it were made possible by the convenience of private air travel — and by the largess of wealthy and in some cases secret donors footing the bill.Ahead of an expected White House bid, Mr. DeSantis has relied heavily on his rich allies to ferry him around the country to test his message and raise his profile. Many of these donors are familiar boosters from Florida, some with business interests before the state, according to a New York Times review of Mr. DeSantis’s travel. Others have been shielded from the public by a new nonprofit, The Times found, in an arrangement that drew criticism from ethics experts.Mr. DeSantis, who is expected to formally announce his candidacy next week, is hardly the first politician to take advantage of the speed and comfort of a Gulfstream jet. Candidates and officeholders in both parties have long accepted the benefits of a donor’s plane as worth the political risk of appearing indebted to special interests or out of touch with voters.But ethics experts said the travel — and specifically the role of the nonprofit — shows how Mr. DeSantis’s prolonged candidate-in-limbo status has allowed him to work around rules intended to keep donors from wielding secret influence. As a declared federal candidate, he would face far stricter requirements for accepting and reporting such donations.Mr. DeSantis has been traveling the country testing his message. He and his wife, Casey DeSantis, met this month with local Republicans in Cedar Rapids, Iowa.Haiyun Jiang/The New York Times“Voters deserve this information because they have a right to know who is trying to influence their elected officials and whether their leaders are prioritizing public good over the interests of their big-money benefactors,” said Trevor Potter, the president of Campaign Legal Center and a Republican who led the Federal Election Commission. “Governor DeSantis, whether he intends to run for president or not, should be clearly and fully disclosing who is providing support to his political efforts.”Representatives for the governor’s office and for Mr. DeSantis’s political operation declined to comment or provide details about who has arranged and paid for his flights.Mr. DeSantis has aggressively navigated his state’s ethics and campaign finance laws to avoid flying commercial. And he has gone to new lengths to prevent transparency: Last week, he signed a bill making travel records held by law enforcement, dating back to the beginning of his term, exempt from public records requests.Mr. DeSantis is still required to report contributions and expenses in his campaign finance records, but the new law probably prevents law enforcement agencies from releasing more details, such as itineraries, flight information or even lists of visitors to the governor’s mansion. (Mr. DeSantis says he is trying to address a security concern.)In February, Mr. DeSantis traveled to Newark on a jet owned by Jeffrey Soffer, a prominent hotel owner who, according to several lawmakers and lobbyists, has sought a change in state law that would allow him to expand gambling to his Miami Beach resort.The February trip and others were arranged by And To The Republic, a Michigan-based nonprofit, according to Tori Sachs, its executive director. The nonprofit formed in late January as Mr. DeSantis was beginning to test the national waters and quickly became a critical part of his warm-up campaign. It organized nearly a dozen speaking events featuring the governor in at least eight states.Ms. Sachs would not say how much was spent on the flights or who paid for them.Navigating the LoopholesIt is unclear how Mr. DeSantis will account for the trips arranged by the nonprofit without running afoul of state ethics laws. Florida generally bars officeholders from accepting gifts from lobbyists or people, like Mr. Soffer, whose companies employ lobbyists — unless those gifts are considered political contributions.But both Ms. Sachs and a person involved in Mr. DeSantis’s recent travel said they did not consider the trips political contributions or gifts. The person was not authorized to discuss the matter and spoke on condition of anonymity. The group’s practice “is to provide transportation for special guests,” Ms. Sachs said, “in full compliance with the law.”Florida ethics rules, however, give politicians plenty of loopholes. In some circumstances, for example, officeholders can accept paid travel to give speeches as part of their official duties. The state ethics commission has also allowed officeholders to accept gifts from lobbyists if they are channeled through third-party groups.Since taking office in 2019, Mr. DeSantis, who has worked in public service his entire career and reported a net worth of $319,000 last year, has steadily leaned on others to pick up the tab for private flights.His political committee has accepted private air travel from roughly 55 wealthy, mostly Florida-based contributors and companies associated with them, including the heads of oil and gas companies, developers and homebuilders, and health care and insurance executives, a Times analysis of campaign finance records shows.Additional travel donations were routed to the Republican Party of Florida, which Mr. DeSantis often used as a third-party pass-through.A half dozen lobbyists and donors who spoke with The Times said they became accustomed to calls from the governor’s political aides asking for planes — in at least one case, for a last-minute trip home from out of state and, more recently, for a flight to Japan.The Japan trip, which was part of an overseas tour that gave Mr. DeSantis a chance to show off his foreign policy chops, was considered part of the governor’s official duties and was organized in part by Enterprise Florida, a public-private business development group. But Mr. DeSantis’s office would not disclose how it was paid for or how he traveled. Enterprise Florida did not respond to requests for comment.DeSantis supporters at his election-night event last year, as he coasted to re-election.Scott McIntyre for The New York TimesMr. DeSantis’s office rarely releases information about nonofficial events. (In February, when he traveled to four states in one day, his public schedule simply read, “No scheduled events.”) And Mr. DeSantis has brushed off past criticism of his travel. In 2019, The South Florida Sun Sentinel revealed a previous flight to New York on a plane owned by Mr. Soffer. Mr. DeSantis said he had followed proper procedures.“It’s all legal, ethical, no issues there,” he told reporters.A spokeswoman for Mr. Soffer declined to comment.The Warm-Up CampaignSoon after winning re-election in November, the governor turned to building his national profile. He began traveling the country to visit with Republican activists, dine with donors, speak at events and promote a new book, “The Courage to Be Free: Florida’s Blueprint for America’s Revival.”Some of his travel was paid for by Friends of Ron DeSantis, a Florida political committee that supported his campaign for governor and reports its donors. The committee had more than $80 million on hand as recently as last month — money that is expected to be transferred to a federal super PAC supporting his presidential run.Since November, that committee has received 17 contributions for political travel from nine donors. They include Maximo Alvarez, an oil and gas distributor, and Morteza Hosseini, a Florida homebuilder who has frequently lent his plane to the governor and has become a close ally.But trips paid for by the nonprofit group, And To The Republic, do not appear in state records.The group is registered as a social welfare organization under Section 501(c)(4) of the federal tax code, meaning its primary activity cannot be related to political campaigns. Other prospective and official presidential candidates also have relationships to similar organizations, often called dark money groups because they are not required to disclose their donors.The nonprofit’s founder, Ms. Sachs, said it was formed to promote “state policy solutions that are setting the agenda for the country” and described Mr. DeSantis as one of the first elected officials to “partner” with the group. Another of those officials, Gov. Kim Reynolds of Iowa, has appeared at the group’s events in her home state — alongside Mr. DeSantis.And To The Republic has hosted Mr. DeSantis at events in South Carolina, Nevada and Iowa, all key early primary states. Some of those events were promoted as “The Florida Blueprint,” borrowing from Mr. DeSantis’s book title.The arrangement has made tracking Mr. DeSantis’s travel — and its costs — difficult. The Times and other news outlets used public flight trackers to verify the governor’s use of Mr. Soffer’s plane, which was first reported by Politico.Other trips arranged by the group include the Feb. 20 stops outside Philadelphia and Chicago and the return trip to Tallahassee, on which Mr. DeSantis flew on a plane registered to a company run by Charles Whittall, an Orlando developer. Mr. Whittall, who gave $25,000 to Mr. DeSantis’s political committee in 2021, said that he uses a leasing company to rent out his aircraft, and that he did not provide it as a political contribution.In March, he traveled to Cobb County, Ga., on a plane owned by an entity connected to Waffle House, the Georgia-based restaurant chain. The company did not respond to a request for comment.Other potential DeSantis rivals have made headlines for their use of private jets. Both as South Carolina governor and as ambassador to the United Nations, Nikki Haley faced criticism for flying on private planes owned by wealthy South Carolinians.In 2020, The Associated Press reported that donors gave hundreds of thousands of dollars in private air travel to Donald J. Trump’s fund-raising committee. The donors included Ben Pogue, a Texas businessman whose father later received a presidential pardon.Still, Mr. Trump — who owns his own plane — has repeatedly sought to draw attention to Mr. DeSantis’s travel, claiming the private planes were effectively campaign contributions and “Ron DeSantis is a full-time candidate for president.”Shane Goldmacher More

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      Why the Supreme Court Is Blind to Its Own Corruption

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      The scandal surrounding Justice Clarence Thomas has further eroded the already record-low public confidence in the Supreme Court. If Chief Justice John Roberts wonders how such a thing could have happened, he might start looking for answers within the cloistered walls of his own courtroom.Over more than two decades, the Supreme Court has gutted laws aimed at fighting corruption and at limiting the ability of the powerful to enrich public officials in a position to advance their interests. As a result, today wealthy individuals and corporations may buy political access and influence with little fear of legal consequences, either for them or for the beneficiaries of their largess.No wonder Justice Thomas apparently thought his behavior was no big deal.He has been under fire for secretly accepting, from the Republican megadonor Harlan Crow, luxury vacations worth hundreds of thousands of dollars, a real estate deal (involving the home where his mother was living) and the payment of private school tuition for a grandnephew the justice was raising. Meanwhile, over the years, conservative groups with which Mr. Crow was affiliated filed amicus briefs in several matters before the Supreme Court.That sounds like the very definition of corruption. But over the years, many justices — and not just conservatives — have championed a different definition.The landmark case is the court’s 2010 decision in Citizens United v. Federal Election Commission. A five-justice majority — including Justice Thomas — struck down decades-old restrictions on independent campaign expenditures by corporations, holding that they violated the companies’ free speech rights. It rejected the argument that such laws were necessary to prevent the damage to democracy that results from unbridled corporate spending and the undue influence it can create.The government’s legitimate interest in fighting corruption, the court held, is limited to direct quid pro quo deals, in which a public official makes a specific commitment to act in exchange for something of value. The appearance of potentially improper influence or access is not enough.In dissent, Justice John Paul Stevens accused the majority of adopting a “crabbed view of corruption” that the court itself had rejected in an earlier case. He argued that Congress has a legitimate interest in limiting the effects of corporate money on politics: “Corruption operates along a spectrum, and the majority’s apparent belief that quid pro quo arrangements can be neatly demarcated from other improper influences does not accord with the theory or reality of politics.”Citizens United opened the floodgates to unlimited corporate spending on behalf of political candidates and to the influence that spending necessarily provides. But the decision didn’t come out of nowhere: The court has often been unanimous in its zeal for curtailing criminal corruption laws.In the 1999 case of United States v. Sun-Diamond Growers of California, the court unanimously held, in effect, that it is not a violation of the federal gratuities statute for an individual or corporation to have a public official on private retainer. The court rejected a theory known as a “status gratuity,” where a donor showers a public official with gifts over time based on the official’s position (that is in contrast with a more common gratuity, given as a thank you for a particular act by the official). The quite reasonable rationale behind that theory was that when matters of interest to the donor arose, the past gifts (and hope for future ones) might lead the official to favor his or her benefactor.That actually sounds a lot like the Crow-Thomas relationship. But the court held that such an arrangement is not unlawful. The gratuities law, the court ruled, requires that a particular gift be linked to a particular official act. Without such a direct link, a series of gifts to a public official over time does not violate the statute, even if the goal is to curry favor with an official who could act to benefit the gift giver.In the wake of Sun-Diamond, federal prosecutors increasingly turned to a more expansive legal theory known as honest services fraud. But in Skilling v. United States, the court ruled that theory is limited to cases of bribes and kickbacks — once again, direct quid pro quo deals. Three justices, including Justice Thomas, wanted to go even further and declare the statute that prohibits honest services fraud unconstitutional.The court proceeded to limit its “crabbed view of corruption” even further. In the 2016 case McDonnell v. United States, the court held that selling government access is not unlawful. Gov. Bob McDonnell of Virginia and his wife, Maureen, accepted about $175,000 in secret gifts from the businessman Jonnie Williams, who wanted Virginia’s public universities to perform research studies on his company’s dietary supplement to assist with its F.D.A. approval. In exchange, Mr. McDonnell asked subordinates to meet with Mr. Williams about such studies and hosted a luncheon at the governor’s mansion to connect him with university health researchers.A jury convicted the McDonnells on several counts of corruption. The U.S. Court of Appeals for the Fourth Circuit — hardly known as a bastion of liberalism — unanimously affirmed the convictions. But the Supreme Court unanimously reversed, holding that the things Mr. McDonnell did for Mr. Williams did not qualify as “official acts” under federal bribery law. Selling official access may be tawdry, the court held, but it is not a crime.Those who think Justice Thomas may be guilty of corruption may not realize just how difficult the court itself has made it to prove such a case. Now only the most ham-handed officials, clumsy enough to engage in a direct quid pro quo, risk prosecution.Viewed in light of this history, the Thomas scandal becomes less surprising. Its own rulings would indicate that the Supreme Court doesn’t believe what he did is corrupt. A powerful conservative with interests before the court who regularly provides a justice with vacations worth more than his annual salary is, as the court said in Citizens United, merely the “appearance” of potential corruption. In the court’s view, the public has no reason to be concerned.But the public clearly is, and should be, concerned over the ability of the rich and powerful to purchase access and influence unavailable to most citizens. Unfortunately, Citizens United is here to stay without a constitutional amendment or an overruling by the court, neither of which is very likely.But it’s still possible for the rest of the country to move past the court’s naïve and inadequate view of corruption. Congress could amend criminal corruption laws to expand their scope and overturn the results in Sun-Diamond, Skilling and McDonnell. It could increase funding for enforcement of the Ethics in Government Act and increase the penalties for filing a false financial disclosure form (or failing to file one at all). Beefed up disclosure regulations could make it more difficult for officials to hide financial interests and could make it clear there are no disclosure exceptions for enormous gifts of “personal hospitality,” contrary to what Justice Thomas claims he believed. And Congress could pass legislation like the proposed Disclose Act, to require transparency regarding who is behind political donations and spending.Congress so far has shown little interest in passing such reforms. But that’s where the remedy lies. It’s time for Congress to act.In his Citizens United dissent, Justice Stevens observed, “A democracy cannot function effectively when its constituent members believe laws are being bought and sold.” That’s exactly how it now appears to the public — and that applies to Supreme Court justices as well as to politicians.Randall D. Eliason is the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia and teaches white-collar criminal law at George Washington University Law School. He blogs at Sidebarsblog.com.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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      Lies, Charges and Questions Remaining in the George Santos Scandal

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      Representative George Santos of New York was indicted this week by federal prosecutors on 13 felony counts largely tied to financial fraud. Almost immediately after his election in November, The New York Times began scrutinizing his background. Mr. Santos has misled, exaggerated to or lied to voters about much of his life, including his education; […] More

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      Biden’s Slow Start Worries Democrats. Aides Insist All Is Well.

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      Some Democrats fear that the campaign’s early sluggishness shows a lack of urgency ahead of a possible rematch against Donald Trump. His aides say they know what they’re doing.Two weeks after President Biden unveiled his re-election bid, his campaign manager has yet to start the job, his seven co-chairs have not had a group discussion and his team has made little outreach to allies in Congress.For all the attention on Mr. Biden’s gauzy announcement video and the symbolism his campaign attributed to the day he entered the race — precisely four years after he began his 2020 bid and with the same message of saving the nation’s very soul — there is little evidence of the typical preparation for a national political campaign.Mr. Biden’s top advisers insist the limited-release nature of his 2024 campaign is boring by design. They say they are holding down costs by outsourcing as much as possible to the Democratic National Committee while the president’s senior staff members remain ensconced in top White House roles that allow them to engage in campaign strategy.“All of the pieces that should and need to fall into place will,” Jeffrey Katzenberg, the Hollywood mogul and Democratic megadonor and one of the Biden campaign co-chairs, said in an interview.But for an incumbent president in full control of his own re-election timeline, the decision to begin with such a skeletal operation has left even supporters confused. Democratic allies worry, some in public and more in private, that Mr. Biden and his political team — whose successes have come chiefly by running against Donald J. Trump rather than through organic liberal enthusiasm — are not displaying the necessary urgency for the coming battle.“Part of me is troubled that people are more enthusiastic about doing the often unglamorous work of government policymaking when there’s an extremely important political campaign that is staring us in the face,” said John Del Cecato, a strategist on Barack Obama’s 2008 and 2012 presidential campaigns. “I don’t know if that speaks to a belief that this will be a joyless campaign re-election effort or if it’s something else.”In the coming weeks and months, Mr. Biden will face two of the thorniest political issues of his presidency: an expected upturn of migrants at the Mexican border as a pandemic-era restriction on asylum requests expires this week and a looming debt limit crisis that threatens the American economy.A Trump-era immigration policy that led to the swift expulsion of many migrants at the southern border will lift on Thursday. Officials are bracing for an increase in migrants at the border.Ivan Pierre Aguirre for The New York TimesOn Wednesday, Mr. Biden is headed to a suburb of New York, where he will discuss the debt limit in the district of one of the 18 House Republicans who represent areas that the president carried. Then he will head to Manhattan for two fund-raisers.Representative Mike Lawler, the freshman Republican who represents the district, said that the president’s trip was not intimidating and that he had been invited and planned to attend.“I guess he’s trying to exert pressure in a district he won by 10 points,” Mr. Lawler said. “It speaks volumes that that same district elected me to represent it. And I ran on serving as a check and balance on the Biden agenda.”Money, Biden advisers say, was a driving factor in entering the race. The campaign has already entered into a joint finance agreement with 47 of the 50 state Democratic Parties, which will allow it to raise hundreds of thousands of dollars at a time from individual donors.Top Biden officials dismiss the early concerns from inside the party as sideline sniping. In their view, they rightfully ignored naysayers to keep Mr. Biden in his Delaware basement during the early months of the pandemic, disregarded calls to knock on doors in the fall of 2020 and highlighted threats to democracy in the midterm elections last year despite pleas from many Democrats to focus on the inflation-racked economy.That string of victories has given Biden aides supreme confidence in their stay-the-course instincts, an ethos shared by Mr. Biden and top White House advisers including Jennifer O’Malley Dillon, Mike Donilon and Anita Dunn.“We are meeting all of the goals and metrics we’ve set for ourselves to assemble another winning coalition in 2024,” said Kevin Munoz, a campaign spokesman.Jim Messina, who served as Mr. Obama’s campaign manager in 2012, said the Biden team had some advantages that Mr. Obama did not, including a fully operational Democratic National Committee, which Mr. Obama had allowed to fall into a state of disrepair.“They’re staffed in the one place they need to be staffed,” Mr. Messina said of the party and its fund-raising operation, which is organizing the New York events.Polls show that a majority of Democrats want the party to nominate someone other than Mr. Biden. A gloomy Washington Post/ABC News survey released over the weekend found that 58 percent of Democratic-leaning adults felt this way.When it comes to raising money online, this lack of excitement has been a worry for Biden advisers, especially those who recall his 2019 struggles in that arena against his leading liberal rivals.Mr. Munoz declined to say how much money the campaign had raised in its first 24 hours, but ActBlue, the online portal for contributions to Democratic candidates, reported $6.1 million in donations in the first 24 hours after Mr. Biden announced his candidacy. That is about the same as the amounts that Senator Bernie Sanders of Vermont and former Representative Beto O’Rourke of Texas raised in the first day of their 2020 presidential campaigns.But not all of those ActBlue donations went to Mr. Biden; they make up the total given to every Democrat in the country that day.Mr. Biden is facing a looming showdown over the nation’s debt limit with Speaker Kevin McCarthy and his fractious Republican caucus. Al Drago for The New York TimesThe campaign is preparing to lean heavily on major donors in the first months of the race, and invited top bundlers to Washington on the first weekend of the campaign for a private briefing. Mr. Katzenberg said the campaign’s fund-raising would rely equally on Mr. Biden’s popularity among Democratic donors and a liberal fear that Mr. Trump could return to the White House.“The difference between passion and anxiety is not discernible,” Mr. Katzenberg said. “Whether somebody is doing this out of their passion and belief in the president — fantastic. If they’re doing it out of anxiety of what the alternative is — fantastic. The color of the green is the same.”Last week, Reid Hoffman, the billionaire LinkedIn co-founder and one of the party’s most important financiers, organized a donor briefing at the Rosewood hotel in San Francisco, pulling in several dozen donors for the pro-Biden super PAC American Bridge, according to two attendees.Notably, the early television ads that the Biden campaign has announced were paid for by the Democratic National Committee, which had $28.7 million on hand at the beginning of April. For now, senior Biden officials are planning to push as many costs as they legally can to the party, which can raise far larger sums. The campaign does not have a physical headquarters yet; for now, aides are working out of the D.N.C.’s building in Washington.Mr. Biden’s New York trip will include two small fund-raisers that are being pulled together relatively hastily. Tony James, a former top executive at the private equity giant Blackstone, is hosting one event, where tickets begin at $25,000, according to invitations. Donors were told that Pete Buttigieg, the transportation secretary, would also attend, and the goal for the two events was to bring in $3 million, according to a person briefed on the plans.For now, the White House seems happy to cede the national stage to the Republican primary race. Mr. Biden’s first television interview after his announcement, on MSNBC, was buried at 10 p.m. last Friday.“It would be unfortunate if they let the Republican nominee govern the conversation on a day-to-day basis,” said Faiz Shakir, the campaign manager for Mr. Sanders’s 2020 bid. “It feels like too much of a wild card to sit back. You’ve got to figure out a way to excite and energize people about your own conversation and to drive Donald Trump into that one.”Representative Jasmine Crockett, a Texas Democrat, said she had yet to hear any outreach about the president’s re-election bid from Biden campaign aides or the campaign’s co-chairs. She said she had seen little excitement about Mr. Biden in her Dallas-area district and had told worried constituents to get behind the president’s re-election.“The stakes are too high for us to play chicken with this,” she said. “We all know that we’ve got issues with our family. But at the end of the day, I would not trade my family in for the alternative.”Mitchell Berger, a South Florida campaign bundler who has been involved in Democratic politics for decades, said the onus should not be on the Biden campaign to generate excitement. He said comparisons to Mr. Obama were not helpful.“President Biden is an exceptional political actor and he does very well with people, but, you know, the excitement generated by the Obamas is a once-in-a-generation kind of thing,” said Mr. Berger, who attended the campaign’s donor gathering in Washington last month.Mr. Katzenberg said Mr. Biden’s campaign had made a deliberate choice to begin without a full staff in place. The campaign manager, Julie Chávez Rodríguez, remains in her White House job until next week, and other critical roles, including a finance director and a communications director, remain unfilled.“It’s not a question of whether it could or couldn’t have been done, it just wasn’t a priority,” Mr. Katzenberg said. “It’s simply not material, let alone essential, that it get done before.” More