More stories

  • in

    Building a Legal Wall Around Donald Trump

    The American legal system is on the cusp of a remarkable historical achievement. In real time and under immense pressure, it has responded to an American insurrection in a manner that is both meting out justice to the participants and establishing a series of legal precedents that will stand as enduring deterrents to a future rebellion. In an era when so many American institutions have failed, the success of our legal institutions in responding to a grave crisis should be a source of genuine hope.I’m writing this newsletter days after the Michigan attorney general announced the prosecution of 16 Republicans for falsely presenting themselves as the electors qualified to vote in the Electoral College for Donald Trump following the 2020 election. That news came the same day that the former president announced on Truth Social that he’d received a so-called target letter from Jack Smith, the special counsel appointed by Attorney General Merrick Garland to investigate Trump’s efforts to overturn the election. The target letter signals that the grand jury investigating the Jan. 6, 2021, attack on the Capitol is likely to indict Trump, perhaps any day now.On Monday, a day before this wave of news, the Georgia Supreme Court rejected a desperate Trump attempt to disqualify the Fulton County district attorney Fani Willis from prosecuting Trump and to quash a special grand jury report about 2020 election misconduct. Trump’s team filed their petition on July 13. The court rejected it a mere four days later. Willis can continue her work, and she’s expected to begin issuing indictments — including potentially her own Trump indictment — in August, if not sooner.Presuming another Trump indictment (or more than one) is imminent — or even if it is not — the legal response to Jan. 6 will continue. But to truly understand where we are now, it’s important to track where we’ve been. If you rewind the clock to the late evening of Jan. 6, 2021, America’s long history of a peaceful transfer of power was over, broken by a demagogue and his mob. To make matters worse, there was no straight-line path to legal accountability.Prosecuting acts of violence against police — or acts of vandalism in the Capitol — was certainly easy enough, especially since much of the violence and destruction was caught on video. But prosecuting Trump’s thugs alone was hardly enough to address the sheer scale of MAGA misconduct. What about those who helped plan and set the stage for the insurrection? What about the failed candidate who set it all in motion, Donald Trump himself?Consider the legal challenges. The stolen election narrative was promulgated by a simply staggering amount of defamation — yet defamation cases are difficult to win in a nation that strongly protects free speech. Trump’s legal campaign was conducted by unethical lawyers raising frivolous arguments — yet attorney discipline, especially stretching across multiple jurisdictions, is notoriously difficult.The list continues. Trump’s team sought to take advantage of ambiguities in the Electoral Count Act, a 19th-century statute that might be one of the most poorly written statutes in the entire federal code. In addition, Trump’s team advanced a constitutional argument called the independent state legislature doctrine that would empower legislatures to dictate or distort the outcomes of congressional and presidential elections in their states.There’s more. When we watched insurrectionists storm the Capitol, we were watching the culminating moment of a seditious conspiracy, yet prosecutions for seditious conspiracy are both rare and difficult. And finally, the entire sorry and deadly affair was instigated by an American president — and an American president had never been indicted before, much less for his role in unlawfully attempting to overturn an American election.Now, consider the response. It’s easy to look at Trump’s persistent popularity with G.O.P. voters and the unrepentant boosterism of parts of right-wing media and despair. Does anything make a difference in the fight against Trump’s lawlessness and lies? The answer is yes, and the record is impressive. Let’s go through it.The pro-Trump media ecosphere that repeated and amplified his election lies has paid a price. Fox News agreed to a stunning $787 million defamation settlement with Dominion Voting Systems, and multiple defamation cases continue against multiple right-wing media outlets.Trump’s lawyers and his lawyer allies have paid a price. Last month the U.S. Court of Appeals for the Sixth Circuit upheld the bulk of a sanctions award against Sidney Powell and a Mos Eisley cantina’s worth of Trump-allied lawyers. A New York State appellate court temporarily suspended Rudy Giuliani’s law license in 2021, and earlier this month a Washington, D.C., bar panel recommended that he be disbarred. Jenna Ellis, one of Guiliani’s partners in dangerous dishonesty and frivolous legal arguments, admitted to making multiple misrepresentations in a public censure from the Colorado Bar Association. John Eastman, the former dean of Chapman University’s law school and the author of an infamous legal memo that suggested Mike Pence could overturn the election, is facing his own bar trial in California.Congress has responded to the Jan. 6 crisis, passing bipartisan Electoral Count Act reforms that would make a repeat performance of the congressional attempt to overturn the election far more difficult.The Supreme Court has responded, deciding Moore v. Harper, which gutted the independent state legislature doctrine and guaranteed that partisan state legislatures are still subject to review by the courts.The criminal justice system has responded, securing hundreds of criminal convictions of Jan. 6 rioters, including seditious conspiracy convictions for multiple members of the Oath Keepers and the Proud Boys. And the criminal justice system is still responding, progressing steadily up the command and control chain, with Trump himself apparently the ultimate target.In roughly 30 months — light speed in legal time — the American legal system has built the case law necessary to combat and deter American insurrection. Bar associations are setting precedents. Courts are setting precedents. And these precedents are holding in the face of appeals and legal challenges.Do you wonder why the 2022 election was relatively routine and uneventful, even though the Republicans fielded a host of conspiracy-theorist candidates? Do you wonder why right-wing media was relatively tame after a series of tough G.O.P. losses, especially compared to the deranged hysterics in 2020? Yes, it matters that Trump was not a candidate, but it also matters that the right’s most lawless members have been prosecuted, sued and sanctioned.The consequences for Jan. 6 and the Stop the Steal movement are not exclusively legal. The midterm elections also represented a profound setback for the extreme MAGA right. According to an NBC News report, election-denying candidates “overwhelmingly lost” their races in swing states. It’s hard to avoid the conclusion that the relentless legal efforts also had a political payoff.And to be clear, this accountability has not come exclusively through the left — though the Biden administration and the Garland Justice Department deserve immense credit for their responses to Trump’s insurrection, which have been firm without overreaching. Multiple Republicans joined with Democrats to pass Electoral Count Act reform. Both conservative and liberal justices rejected the independent state legislature doctrine. Conservative and liberal judges, including multiple Trump appointees, likewise rejected Trump’s election challenges. Republican governors and other Republican elected officials in Arizona and Georgia withstood immense pressure from within their own party to uphold Joe Biden’s election win.American legal institutions have passed the Jan. 6 test so far, but the tests aren’t over. Trump is already attempting to substantially delay the trial on his federal indictment in the Mar-a-Lago case, and if a second federal indictment arrives soon, he’ll almost certainly attempt to delay it as well. Trump does not want to face a jury, and if he delays his trials long enough, he can run for president free of any felony convictions. And what if he wins?Simply put, the American people can override the rule of law. If they elect Trump in spite of his indictments, they will empower him to end his own federal criminal prosecutions and render state prosecutions a practical impossibility. They will empower him to pardon his allies. The American voters will break through the legal firewall that preserves our democracy from insurrection and rebellion.We can’t ask for too much from any legal system. A code of laws is ultimately no substitute for moral norms. Our constitutional republic cannot last indefinitely in the face of misinformation, conspiracy and violence. It can remove the worst actors from positions of power and influence. But it cannot ultimately save us from ourselves. American legal institutions have responded to a historical crisis, but all its victories could still be temporary. Our nation can choose the law, or it can choose Trump. It cannot choose both. More

  • in

    Shining a Light on Postpartum Depression

    More from our inbox:How Climate Change Feeds ‘Eco-Anxiety’Domestic ViolenceTrump’s Strategy: StallMaking a Minyan to Mourn Together Travis Dove for The New York TimesTo the Editor:Re “A Look at Life in the Throes of Postpartum Depression” (news article, July 6):Thank you for bringing attention to postpartum depression. Unfortunately, it is estimated that up to half of women with it never get screened and identified. And fewer get effective and adequate treatment.Because so many of its symptoms, such as lack of energy and trouble concentrating, overlap with what normally occurs after delivery, it may not be suspected.But when these symptoms coexist with a predominantly depressed mood that is present all day, when there is a loss of interest and a lack of pleasure, and when the symptoms last for at least two weeks, that is not a normal consequence of childbirth. And it needs to be evaluated and treated.Without treatment, depression can last for months or years. In addition to the personal suffering, the depression can interfere with the mother’s ability to connect and interact with her baby, which can negatively affect the child’s development.Deciding between the two types of treatment mentioned in your article, psychotherapy and medication, need not always be an either/or choice. As with many other forms of depression, a combination of the two may be most effective.Monica N. StarkmanAnn Arbor, Mich.The writer is an active emerita professor of psychiatry at the University of Michigan.To the Editor:As the mom of a 6-week-old (she is asleep in my arms as I write this), I appreciate the increased coverage of postpartum depression and anxiety that I’ve noticed lately in this newspaper and other sources.Since giving birth, I’ve been screened for those conditions more times than I can count — in the hospital, at my OB-GYN’s office and at my daughter’s pediatrician visits.However, in my household, there are two moms: me (the birthing parent) and my wife. Though she may not be experiencing the same shifting hormones or bodily changes and demands as I am, my wife is certainly undergoing the radical life transformations associated with new parenthood.Despite that, she has never been screened for postpartum depression or anxiety, though she currently suffers from the latter to the point that she can hardly sleep.We should be screening all parents — birthing and non-birthing, regardless of gender or biological affiliation with the child — for postpartum depression and anxiety. And we should be including discussion about those individuals in publications such as this one to increase awareness.Andrea B. ScottAustin, TexasHow Climate Change Feeds ‘Eco-Anxiety’A search and rescue worker in Cambridge, Vt. Officials said access to some communities remained almost completely cut off.Hilary Swift for The New York TimesTo the Editor:Re “Urgent Call in Vermont for Better Preparedness” (news article, July 13):Vermont’s catastrophic flooding, and the flooding, fires, tornadoes and severe heat currently engulfing much of the nation, are obvious byproducts of climate change. Our growing fears over these destructive events are less obvious, since they are often left out of the conversation over climate change, even with the devastation left in our communities and the loss of lives that almost always follows these tragic events.An unanticipated consequence of deadly climate change is “eco-anxiety,” the chronic fear of environmental collapse and community destruction. As therapists, we see more and more patients struggling with overwhelming feelings ranging from terror, disgust and rage to grief, sadness and despair.A study of eco-anxiety published in The Lancet showed that 46 percent of young adults in the U.S., and 56 percent globally, believe we are all doomed by climate change, especially with young people experiencing greater anxiety over their futures.Fighting climate change requires science and action. It also requires integrating climate-aware therapy into the equation. We must provide mental resilience for our minds so that we can sustain the fight to repair climate change.Barbara EasterlinLeslie DavenportSan FranciscoThe writers lead the California Institute of Integral Studies’ climate psychology certificate program.Domestic Violence Illustration by Shoshana Schultz/The New York Times; photographs by Michael Ochs Archives and Adam Gault/Getty ImagesTo the Editor:Re “Another Threat to Domestic Abuse Survivors,” by Kathy Hochul (Opinion guest essay, July 12):Firearms and domestic violence are a deadly mix. Every day on average three women are killed by a current or former partner. When a male abuser has access to a gun, the risk he will kill a female partner increases by 1,000 percent. Abusers also use guns to wound, threaten, intimidate and terrorize victims.Governor Hochul is right to be concerned for the safety of domestic violence survivors. The Fifth Circuit Court of Appeals ruling in United States v. Rahimi was dangerous and callously put millions of survivors and their children at risk. It also recklessly disposed of a law effective in reducing intimate partner homicides.Dangerous abusers and others intent on harm should not have access to firearms. The National Network to End Domestic Violence urges the U.S. Supreme Court to put survivor safety front and center and overturn the Fifth Circuit’s misguided decision. Lives are at stake.Melina MilazzoWashingtonThe writer is deputy director of public policy, National Network to End Domestic Violence.Trump’s Strategy: Stall Jordan Gale for The New York TimesTo the Editor:Re “Trump Bid to Delay Florida Trial Poses Key Early Test for Judge” (front page, July 12):Donald Trump’s legal strategy is now clear: Delay, delay, delay until after the 2024 presidential election and do everything possible, legal or otherwise, to win that election, so that he will be able to either pardon himself or install a puppet attorney general who will dismiss all charges.It may not be constitutional for him to pardon himself, but that would ultimately likely be decided by the Supreme Court, with its six-member right-wing supermajority, half of which was appointed by him.It follows that for there to be any hope of justice being done, Mr. Trump can’t be allowed to use his presidential candidacy as an excuse to stall prosecution and can’t be allowed to regain the White House and use the power of the presidency to escape justice.Eric B. LippsStaten IslandMaking a Minyan to Mourn Together Illustration by Shoshana Schultz/The New York Times; photograph by Jeff Swensen/GettyTo the Editor:Re “By Killing 11 Jews, He Killed Something Else, Too,” by Mark Oppenheimer (Opinion guest essay, July 1):Mr. Oppenheimer writes that the massacre of 11 Jews at the Tree of Life synagogue in Pittsburgh (the city where I was born and raised) not only tragically took the lives of these individuals but also has made it difficult for the synagogue to make a minyan, the quorum of 10 Jews required to recite the Mourner’s Kaddish, among other prayers.The reality is that making a minyan has been a problem for synagogues in this country long before the most recent wave of antisemitic events. As the ritual vice president for a Conservative synagogue in a heavily Jewish suburb of Chicago, I see this problem firsthand.We constantly struggle to get a full minyan at our weeknight services, potentially depriving those in mourning or observing a yahrzeit (anniversary of a death) the opportunity to recite Kaddish.The requirement of a minyan reinforces a central value of Judaism: that we do not mourn alone, but as part of a supportive community. It’s incumbent on synagogues to convey this message to their congregations and preserve this age-old tradition.Josh CharlsonDeerfield, Ill. More

  • in

    How Affirmative Action Changed Their Lives

    Stella Tan, Sydney Harper, Asthaa Chaturvedi and Liz O. Baylen, Lisa Chow and Marion Lozano, Dan Powell and Alyssa Moxley and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicTwo weeks ago, the United States Supreme Court struck down affirmative action, declaring that the race-conscious admissions programs at Harvard and the University of North Carolina were unlawful.Today, three people whose lives were changed by affirmative action discuss the complicated feelings they have about the policy.On today’s episodeSabrina Tavernise, a co-host of The Daily.Opponents of the ruling marching this month in Cambridge, Mass.Kayana Szymczak for The New York TimesBackground readingFor many of the Black, Hispanic and Native Americans whose lives were shaped by affirmative action, the moment has prompted a personal reckoning with its legacy.In earlier decisions, the court had endorsed taking account of race as one factor among many to promote educational diversity.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.Sabrina Tavernise More

  • in

    Ron DeSantis Doesn’t Know Whether He’s Coming or Going

    Gail Collins: Bret, about Ron DeSantis. Last week, I criticized him for weenie stuff like big book advances and questionable road repair materials. At the time, I definitely felt like I was carping.Then his people shared an ad on L.G.B.T.Q. issues that … wow.Bret Stephens: “Wow” just about covers it.Gail: It began with a clip of Donald Trump defending gay rights in days of yore, which was very clearly supposed to make viewers … hate Trump. Followed by praise for Florida laws DeSantis signed that “literally threaten trans existence.” Followed by a super-duper weird montage showing men flexing muscles, Brad Pitt in Trojan-warrior garb and Governor Ron with lightning flashes coming out of his eyes.Pete Buttigieg, who is President Biden’s secretary of transportation and one of the best-known gay figures in politics, rightly pointed out “the strangeness of trying to prove your manhood by putting up a video that splices images of you in between oiled-up, shirtless bodybuilders.”Any thoughts?Bret: I guess my main takeaway is that DeSantis isn’t going to be the next president. He makes Trump seem tolerant, Ted Cruz seem likable, Mitch McConnell seem moderate, Lauren Boebert seem mature and Rick Santorum seem cool. Not what I would have expected out of the Florida governor six months ago, but here’s where I confess: You were right about him, and I was wrong.Gail: My other takeaway is that Republicans are focusing more on L.G.B.T.Q. issues now that they’ve come to understand that attacking abortion isn’t a national winner — or even a state winner in most places.In the long run, stomping on gay rights isn’t going to do it either, because such a huge number of people — even conservative Republicans — have friends, family, colleagues who are gay. May take a while to come to grips with that, but once you realize someone you care about is gay, the idea of persecuting them presumably seems way less attractive.Just recalling how my conservative Catholic mother wound up, in old age, riding on a float in Cincinnati’s Gay Pride parade.Bret: As you mentioned last year in that wonderful column you wrote about Allen Ginsberg.Gay bashing is morally intolerable as well as politically inept. But a lot of people — including many Democrats and independents — have honest and serious concerns about some aspects of the trans issue, especially as it concerns the integrity of women’s sports, the morality of drastic medical interventions in teenagers and the anti-scientific denial of basic biology when it comes to questions of sex. I also detest terms like “bodies with vaginas” as a substitute for “women.” It isn’t a sensitive or inclusive use of language; it’s misogynistic and Orwellian.DeSantis could have addressed these issues in a sober and nuanced way. Instead, he went full Trojan, and I suspect his campaign will meet a similar fate to Troy’s.Gail: Full Trojan? Just like Brad Pitt in that ad!Bret: Switching topics, Gail, can we talk about homelessness? The problem just keeps getting worse, particularly out west, and it’s doing real damage to urban life. Your thoughts on what does and does not work?Gail: What works is pretty simple: more housing and outreach for the mentally ill. Both are difficult, of course, ranging from pretty darned to stupendously.Bret: What also works are ordinances forbidding “camping” on public lands so that homeless people are required to use shelter beds, which some liberal judges have blocked cities from doing. One of the problems of our public discussion of the issue is that we treat homelessness as a problem of the homeless only. It’s also a public safety issue and a quality-of-life issue. People ought to have a right to walk down urban sidewalks that haven’t been turned into tent cities and open-air toilets.Gail: New York is still dealing with a flood of new migrants, mainly from Latin America, who have been coming in huge numbers for more than a year. Most of them are ambitious and hopeful, and they could be a great shot to our local economy — if they had permanent places to stay.Bret: Completely agree. I also think the migrant problem is qualitatively different from the kind of homelessness issues that cities like San Francisco or Portland, Ore., are experiencing. Migrants are struggling with poverty but not, generally, mental health or drug-dependency issues. What migrants typically need is a room and a job.Gail: Eric Adams, the mayor of New York, has talked about finding some of them homes in the suburbs, where there’s obviously more room and housing prices are sometimes a lot lower. Said suburbs rose up in rage to stop an incursion of needy people. It’s so irritating, although I have to admit that my liberal Manhattan neighborhood — which has plenty of programs for the homeless — consistently rebels against talk of any big new housing projects for any income group.Your turn.Bret: I’m skeptical of the theory that we could solve the crisis just by building a lot more housing. First, because we can’t build quickly and cheaply enough to keep up with the growing number of homeless people. Second, because even when the homeless are housed, they often fall back into the kinds of behaviors that ultimately lead them to return to the streets.My own view is that people living on the street should be required to go into shelters, which can be built much more quickly and cheaply than regular housing, be required to get mental health screenings and be required to be treated if they have drug or alcohol dependencies.Gail: Well, if the mental health treatments were great, that might be an argument. But they often aren’t — just because there’s a terrific shortage of personnel.And the shelters are no picnic either. A lot of the people you see on the street have been, at one time or another, threatened by a mentally troubled co-resident, gotten into a fight as a result of shared emotional problems or in some other way come to feel that living on the street is safer.Bret: The other big story from last week, Gail, is the ruling by a federal judge that forbade the Biden administration to work with social media companies to remove content it didn’t like, mainly connected to alleged Covid misinformation. What the administration was doing seems to me like a serious infringement on people’s freedom of speech, but I’d like to know your view.Gail: Gee, I was under the impression one of the jobs of the executive branch was to make sure people were getting the right information about health issues. And it’s not as if the Biden folks marched in and removed a bunch of posts themselves. Conferring with the social media companies seems like something they ought to do.Bret: One good way of thinking about the issue is putting the shoe on the other foot. For instance, we now know that the Steele dossier was malicious partisan misinformation, secretly and illicitly paid for by the Hillary Clinton campaign and the Democratic National Committee, and that some of its most salacious allegations, like the pee-tape stuff, were false. How would you react if you had learned that the Trump administration had been putting heavy pressure on executives at MSNBC to forbid Rachel Maddow from ever mentioning it back when she had her show?Gail: Hey, it’s hot and humid outside. No fair trying to take me down the Hillary Clinton road. Look — the whole world changed with the advent of social media. If you’ve got influencers with millions of followers warning that, say, giving milk to babies is dangerous, you’ve got to do something more than issue a press release.Bret: I’m pretty sure we could get the word out that milk is generally fine for babies or vaccines are generally safe without setting a precedent that the federal government can work with Big Tech to censor individual speech.Gail: Of course I agree with you about freedom of expression. But in the process of protecting it, it’s natural to argue about specific cases with particular details. We will pursue this again soon. Well, forever probably.But let me be boring for a second and ask you about Congress. Just got through that deficit crisis, and another one will be coming around the bend this summer. What’s your long-term advice? Spend less? Tax more? Ignore the whole thing and figure it’ll work out somehow like it always does?Bret: My advice: Talk less, smile more. Seriously, what we need from Congress and the president is to get through the next 18 months without another manufactured domestic crisis. Between the war in Ukraine, Iran’s creeping nuclearization and China’s saber-rattling over Taiwan, we have more than enough to worry about abroad.Gail: Hmm. One writer’s manufactured domestic crisis is maybe another’s reasonable disagreement. And while Congress isn’t always fascinating, it’s at the top of the critical-if-possibly-boring ladder.Bret: Before we go, Gail, I have to put in a word for Penelope Green’s funny, fabulous obituary in The Times of Sue Johanson, a Canadian sex educator who died last month at 92. It has the single most memorable paragraph to appear in the paper for at least a month, if not a year. I have to quote it in full:Is it weird to put body glitter on your boyfriend’s testicles? Is it safe to have sex in a hot tub? Could a Ziploc baggie serve as a condom? If condoms are left in a car and they freeze, are they still good? Answers: No. No (chlorinated water is too harsh for genitals, particularly women’s). Definitely not. And yes, once they’ve been defrosted.I mean, after that, what else is there to say?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

  • in

    Indian Court Dismisses Rahul Gandhi’s Defamation Appeal

    The defamation case, stemming from a comment Rahul Gandhi made about Prime Minister Narendra Modi, could go to the Supreme Court. It may hurt his ability to run in upcoming elections.Rahul Gandhi, India’s top opposition leader, faced another setback on Friday when a court in the state of Gujarat denied his request to stay his conviction in a defamation case, a move that leaves him at risk of imprisonment and possibly unable to run in national elections next year.Mr. Gandhi, the most prominent leader of the Indian National Congress party, was sentenced to two years in prison in March in connection with a 2019 campaign speech in which he likened Prime Minister Narendra Modi to two Indians accused of swindling money who shared the same last name.A member of Mr. Modi’s party, who also shared the Modi name, argued that the remark was offensive and filed a lawsuit. The sentence, the maximum for defamation cases, automatically disqualified Mr. Gandhi from his seat in Parliament. Members of the opposition have called the case politically motivated.The Gujarat High Court, where Mr. Gandhi had filed a petition seeking a stay on his conviction, said there was no reasonable ground to suspend it. “The conviction is just, proper and legal,” said Justice Hemant Prachchhak, who heard the review plea at the high court.Mr. Gandhi, 53, is out on bail, and his last option is to advance the case to India’s Supreme Court for final review. His party has said he will do so.His case is the latest example of what opposition parties have long accused Mr. Modi of: using branches of the government, including the police and the courts, to quash dissent and bog down political opponents and critics of his government.One of India’s premier law enforcement agencies that answer indirectly to Mr. Modi, the Enforcement Directorate, is being increasingly accused of conducting raids on places connected to political opponents of Mr. Modi’s governing Bharatiya Janata Party, or B.J.P.Mr. Gandhi is among the most vocal of the national opposition leaders, and his legal woes are stymieing him at a time when he was trying to build momentum and to unite various political opposition groups around his party. He had rallied the public with a grass-roots march across India — some 2,000 miles over five months — during which he railed against Mr. Modi’s power.In actively seeking the public’s support, Mr. Gandhi, the scion of a once-mighty political dynasty, positioned himself as a main challenger to Mr. Modi, who remains popular with Indian voters.After his conviction in March in a lower court, Mr. Gandhi approached the high court in Gujarat seeking a stay of the conviction. As long as that conviction stands, Indian law bars him from competing in elections and from Parliament. “The use of defamation law is being utilized to crush a voice,” Abhishek Manu Singhvi, a member of the Indian National Congress, said after the high court verdict. “But that doesn’t mean Rahul Gandhi is afraid. He will continue to walk on the path of truth.”Lawmakers from the B.J.P. praised Friday’s ruling.One of them, Ravi Shankar Prasad, said Mr. Gandhi’s remarks were a direct attack on members of lower-caste groups, including the one with which Mr. Modi is often associated, who have faced discrimination in India for centuries.“It has become a chronic habit of Mr. Rahul Gandhi to abuse, to defame and shower the worst kind of abuses against eminent leaders and organizations,” he said. More

  • in

    The Biden-Trump Rematch Is Already Here

    One of the most significant developments in the run-up to the 2024 presidential election has emerged largely under the radar. From 2016 to 2022, the number of white people without college degrees — the core of Donald Trump’s support — has fallen by 2.1 million.Over the same period, the number of white people who have graduated from college — an increasingly Democratic constituency — has grown by 13.3 million.These trends do not bode well for the prospects of Republican candidates, especially Trump. President Biden won whites with college degrees in 2020, 51-48, but Trump won by a landslide, 67-32, among whites without degrees, according to network exit polls.Even so, there is new data that reflects Trump’s ongoing and disruptive quest for power.In a paper published last year, “Donald Trump and the Lie,” Kevin Arceneaux and Rory Truex, political scientists at Sciences Po-Paris and Princeton, analyzed 40 days of polling conducted intermittently over the crucial period from Oct. 27, 2020, through Jan. 29, 2021.The authors found that Trump’s false claim that the 2020 election was stolen from him has had continuing ramifications:The lie is pervasive and sticky: the number of Republicans and independents saying that they believe the election was fraudulent is substantial, and this proportion did not change appreciably over time or shift after important political developments. Belief in the lie may have buoyed some of Trump supporters’ self-esteem.In reaction to the lie, Arceneaux and Truex write, “there was a significant rise in support for violent political activism among Democrats, which only waned after efforts to overturn the election clearly failed.”Endorsement of the lie pays off for Republicans, Arceneaux and Truex argue: “Republican voters reward politicians who perpetuate the lie, giving Republican candidates an incentive to continue to do so in the next electoral cycle.”These trends are among the most striking developments setting the stage for the 2024 elections.Among the additional conditions working to the advantage of Democrats are the increase in Democratic Party loyalty and ideological consistency; the political mobilization of liberal constituencies by adverse Supreme Court rulings; an initial edge in the fight for an Electoral College majority; and the increase in nonreligious voters along with a decline in churchgoing believers.These and other factors have prompted two Democratic strategists, Celinda Lake and Mike Lux, to declare, “All the elements are in place for a big Democratic victory in 2024.” In “Democrats Could Win a Trifecta in 2024,” a May 9 memo released to the public, the two even voiced optimism over the biggest hurdle facing Democrats, retaining control of the Senate in 2024, when as many as eight Democratic-held seats are competitive while the Republican seats are in solidly red states:While these challenges are real, they can be overcome, and the problems are overstated. Remember that this same tough Senate map produced a net of five Democratic pickups in the 2000 election, which Gore narrowly lost to Bush; six Democratic pickups in 2006, allowing Democrats to retake the Senate; and two more in 2012. If we have a good election year overall, we have a very good chance at Democrats holding the Senate.Republican advantages include high rates of crime (although modestly declining in 2023 so far), homelessness and dysfunction in cities run by Democrats; a parents’ rights movement opposed to teaching of so-called critical race theory and gender-fluid concepts; and declining public support for gay rights and especially trans rights.There are, needless to say, a host of uncertainties.One key factor will be the salience on Election Day of issues closely linked to race in many voters’ minds, including school integration, affordable housing, the end of affirmative action, crime, urban disorder and government spending on social programs. As a general rule, the higher these issues rank in voters’ priorities, the better Republicans do. In that respect, the success of conservatives in barring the use of race in college admissions has taken a Republican issue off the table.Frances Lee, a political scientist at Princeton, noted in an email that in the “sour environment” of today’s politics, “many voters may be tempted toward a protest vote, and it is likely that there will be some options available for such voters.” It is not clear, Lee added, “what No Labels will do, but the potential there introduces considerable additional uncertainty.”Asked what factors he would cite as crucial to determining the outcome of the 2024 election, Ray La Raja, a political scientist at the University of Massachusetts-Amherst, pointed out by email:The economy is the source of the most uncertainty — it is doing well, although inflation is not fully tamed. Will things continue to improve and will Biden start to get credit? This is especially important for white working-class voters in swing states like Wisconsin, Arizona, Nevada and Pennsylvania.Alan Abramowitz, a political scientist at Emory, documents growing Democratic unity in two 2023 papers, “Both White and Nonwhite Democrats Are Moving Left” and “The Transformation of the American Electorate.”As a result of these trends toward intraparty consensus, there has been a steady drop in the percentage of Democratic defections to the opposition, as the party’s voters have become less vulnerable to wedge-issue tactics, especially wedge issues closely tied to race.From 2012 to 2020, Abramowitz wrote in the Transformation paper, “there was a dramatic increase in liberalism among Democratic voters.” As a result of these shifts, he continued, “Democratic voters are now as consistent in their liberalism as Republican voters are in their conservatism.”Most important, Abramowitz wrote, therise in ideological congruence among Democratic voters — and especially among white Democratic voters — has had important consequences for voting behavior. For many years, white Democrats have lagged behind nonwhite Democrats in loyalty to Democratic presidential candidates. In 2020, however, this gap almost disappeared with white Democratic identifiers almost as loyal as nonwhite Democratic identifiers.Three Supreme Court decisions handed down in the last week of June — rejecting the Biden administration’s program to forgive student loan debt, affirming the right of a web designer to refuse to construct wedding websites for same-sex couples and ruling unconstitutional the use of race by colleges in student admissions — are, in turn, quite likely to increase Democratic turnout more than Republican turnout on Election Day.Politically, one of the most effective tools for mobilizing voters is to emphasize lost rights and resources.This was the case after last June’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which eliminated the right to abortion and in the 2022 midterm elections mobilized millions of pro-choice voters. By that logic, the three decisions I mentioned should raise turnout among students, gays and African Americans, all Democratic constituencies.My Times colleague Jonathan Weisman argued in a July 1 article, “Supreme Court Decisions on Education Could Offer Democrats an Opening,” that the rulings giveDemocrats a way to shift from a race-based discussion of preference to one tied more to class. The court’s decision could fuel broader outreach to the working-class voters who have drifted away from the party because of what they see as its elitism.In addition, Weisman wrote, “Republicans’ remarkable successes before the new court may have actually deprived them of combative issues to galvanize voters going into 2024.”The education trends favoring Democrats are reinforced by Americans’ changing religious beliefs. From 2006 to 2022, the Public Religion Research Institute found, the white evangelical Protestant share of the population fell from 23 percent to 13.9 percent. Over the same period, the nonreligious share of the population rose from 16 to 26.8 percent.Ryan Burge, a political scientist at Eastern Illinois University, found that the nonreligious can be broken down into three groups: atheists, who are the most Democratic, voting 85-11 for Biden over Trump; followed by agnostics, 78-18 for Biden; and those Burge calls “nothing in particular,” 63-35 for Biden.The last of the pro-Democratic developments is an initial advantage in Electoral College votes, according to an analysis at this early stage in the contest.Kyle D. Kondik, managing editor of Larry Sabato’s Crystal Ball at the University of Virginia Center for Politics, published “Electoral College Ratings: Expect Another Highly Competitive Election” last week.“We are starting 260 electoral votes worth of states as at least leaning Democratic,” Kondik writes, “and 235 as at least leaning Republican,” with “just 43 tossup electoral votes at the outset.”In other words, if this prediction holds true until November 2024, the Democratic candidate would need to win 20 more Electoral College votes while the Republican nominee would need to win 35.The competitive states, Kondik continues, “are Arizona (11 votes), Georgia (16) and Wisconsin (10) — the three closest states in 2020 — along with Nevada (6), which has voted Democratic in each of the last four presidential elections but by closer margins each time.”In the case of Arizona, Bruce Cain, a political scientist at Stanford, argued in an email that domestic migration from California to Arizona is substantial enough to help shift the state from red to purple.“In some recent work we have done comparing California, Arizona and Texas,” Cain added, “we find that the movement of Californians is greater in absolute numbers to Texas, but proportionately more impactful to Arizona.”People who move, Cain continued,make Arizona a bit more polarized and close to the Arizona purple profile. They contribute to polarized purpleness. Enough move over a four-year period to have a measurable impact in a close race. Unlike immigrants, domestic migrants can become voters instantly.How about the other side of the aisle?Daniel Kreiss, a professor of journalism and mass communication at the University of North Carolina, writing by email, cited the Republican advantage gained from diminished content regulation on social media platforms: “This platform rollback stems broadly from Elon Musk’s takeover of Twitter, which gave other platforms a green light to drop electoral and public health protections.”The beneficiaries of this deregulation, Kreiss continued, are “Trump and Republicans more broadly who use disinformation as a strategic political tool.”These content regulation policies are a sharp policy shift on the part of the owners and managers of social media websites, Bridget Barrett, a professor at the University of Colorado Boulder’s College of Media, Communication and Information, and Kreiss write in a June 29 paper, “Platforms Are Abandoning U.S. Democracy.”They argue that in the aftermath of the 2020 electionplatforms took serious steps to protect elections and the peaceful transfer of power, including creating policies against electoral disinformation and enforcing violations — including by Trump and other candidates and elected officials. And deplatforming the former president after an illegitimate attempt to seize power was a necessary step to quell the violence.More recently, Barrett and Kreiss note, “social media platforms have walked away from their commitments to protect democracy. So much so that the current state of platform content moderation is more like 2016 than 2020.”Frances Lee pointed out that Cornel West’s entry into the presidential election as a candidate of the Green Party will siphon some liberal voters away from Biden: “West has announced a presidential bid and has now moved from the People’s Party to the Green Party, which will have ballot access in most states,” she wrote.Insofar as West gains support, it will in all likelihood be at Democrats’ expense. West is a prominent figure in progressive circles and his agenda is explicitly an appeal to the left.In a June 28 appearance on C-SPAN, West declared:We need jobs with a living wage. We need decent housing, quality education, the basic social needs. You can imagine disproportionately Black and brown are wrestling with poverty. The abolition of poverty and homelessness. I want jobs with a living wage across the board. I want a U.S. foreign policy that is not tied to big money and corporate interests.While West will draw support from very liberal Democrats, there is another factor that may well weaken Democratic support among some moderate voters: the seeming insolubility of homeless encampments, shoplifting, carjacking and crime generally in major cities. This has the potential to tilt the playing field in favor of Republican law-and-order candidates, as it did in the 2023 Wisconsin Senate race and in suburban New York House contests.In 2022, crime ranked high among voter concerns, but Republicans who campaigned on themes attacking Democrats as weak on crime met with mixed results.A recent trend raising Republican prospects is the Gallup Poll finding that the percentage of people “who say gay or lesbian relations are morally acceptable” fell by 7 percentage points, from a record high of 71 percent in 2022 to 64 percent this year.There was a six-point drop among Democrats on this question, from 85 to 79 percent approval, and a precipitous 15-point falloff among Republicans, 56 to 41 percent. Independents, in contrast, went from 71 percent approval to 72 percent. The overall decline reversed 20 years of steadily rising approval, which has grown from 39 percent in 2002 to 71 percent in 2022. Gallup also found that the public is holding increasingly conservative views on key issues related to gender transition.Asked “Do you think transgender athletes should be able to play on sports teams that match their current gender identity or should only be allowed to play on sports teams that match their birth gender?” the public favored birth gender by 28 points, 62-34, in May 2021. In May 2023, the margin grew to 41 points, 69-28.Similarly, Gallup asked “Regardless of whether or not you think it should be legal, please tell me whether you personally believe that in general it is morally acceptable or morally wrong to change one’s gender.” In May 2021, 51 percent said morally wrong, 46 percent said acceptable. In May 2023, 55 percent said morally wrong, 43 percent said acceptable.President Biden is a strong supporter of transgender rights. On March 31, the White House released “Statement From President Joe Biden on Transgender Day of Visibility,” in which Biden vowed:My administration will never quit fighting to end discrimination, to stand against unjust state laws, and to guarantee everyone the fundamental right and freedom to be who they are. We’ll never stop working to create a world where everyone can live without fear; where parents, teachers and whole communities come together to support kids, no matter how they identify; and every child is surrounded by compassion and love.Republican candidates are moving in the opposite direction. At the Faith and Freedom conference last month in Washington, Mike Pence promised to “end the gender ideology that is running rampant in our schools, and we will ban chemical and surgical gender transition treatment for kids under the age of 18.”Ron DeSantis told the gathering:The left is lighting the fire of a cultural revolution all across this land. The fire smolders in our schools. It smolders in corporate board rooms. It smolders in the homes of government. We’re told that we must accept that men can get pregnant. We are told to celebrate a swimmer who swam for three years on the men’s team, then switches to the women’s team and somehow is named the women’s champion.The 2020 election raised a new concern for Democrats: Trump’s success in increasing his support from 2016 among Latino voters.Kyle Kondik’s analysis shows that Nevada (17 percent of the vote was Hispanic in 2020) and Arizona (19 percent was Hispanic) are two of the four tossup states in 2024. This suggests that the Latino vote will be crucial.While acknowledging the gains Trump and fellow Republicans have made among Latino voters, a June 2023 analysis of the 2022 election, “Latino Voters & The Case of the Missing Red Wave,” by Equis, a network of three allied, nonpartisan research groups, found that with the exception of Florida, “at the end of the day, there turned out to be basic stability in support levels among Latinos in highly contested races.” In short, the report’s authors continued, “the G.O.P. held gains they had made since 2016/2018 but weren’t able to build on them.”In Florida, the report documented a six-year collapse in Democratic voting among Hispanics: In 2016, Hillary Clinton won 66 percent of the Latino vote; in 2020, Biden won 51 percent and in 2022 Democratic congressional candidates won 44 percent.The Equis study also pointed to some significant Democratic liabilities among Latino voters: Substantial percentages of a key bloc of pro-Democratic Hispanics — those who say they believe Democrats “are better for Hispanics” — harbor significant doubts about the party. For example, 44 percent agreed that “Democrats don’t keep their promises” and 44 percent agreed that “Democrats take Latinos for granted.”In addition, the percentage of Latino voters describing immigration as the top issue — a stance favoring Democrats — has nose-dived, according to the Equis analysis, from 39 percent in 2016 to 16 percent in 2020 and 12 percent in 2022.Where, then, does all this contradictory information leave us as to the probable outcome of the 2024 election? The reasonable answer is: in the dark.The RealClearPolitics average of the eight most recent Trump vs. Biden polls has Trump up by a statistically insignificant 0.6 percent. From August 2021 to the present, RealClear has tracked a total of 101 polls pitting these two against each other. Trump led in 56, Biden 38, and the remainder were ties.While this polling suggests Trump has an even chance, surveys do not fully capture the weight of Trump’s indictments and falsehoods on his own candidacy and, as evidenced in competitive races in 2022, on Republicans who are closely tied to the former president.Among the key voters who, in all likelihood, will pick the next president — relatively well-educated suburbanites — Trump has become toxic. He is, at least in that sense, Biden’s best hope for winning a second term.Even before the votes are counted on Nov. 5, 2024, the most important question may well turn out to be: If Trump is the Republican candidate for a third straight time and loses the election for a second, will he once again attempt to claim victory was stolen from him? And if he does, what will his followers — and for that matter, everyone else — do?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

  • in

    It’s Not America’s Unhappiest Birthday

    Bret Stephens: Gail, happy almost Independence Day. In the spirit of the holiday: Is America toast?Gail Collins: Well, gee, Bret, happy almost Independence Day back. Hope you’re not planning to celebrate by, um, shooting things off.Bret: Only my mouth. As usual.Gail: Seriously, please elaborate. If you’re thinking of the Supreme Court, I’m happy to join in any hand-wringing. But somehow I suspect you’ve got a different vision of doom.Bret: It won’t surprise you that I’ve been pretty happy with the court’s rulings this term, which I’m sure we’ll get to in a moment. But what I mean is the brokenness of almost every institution I can think of, a thought I’m borrowing from Alana Newhouse, the editor of Tablet magazine. Congress: broken. Public education: broken. The I.R.S.: broken. The Roman Catholic Church: broken. The immigration system: broken. Cities: broken. Civil discourse: broken. Families: broken. Race relations: broken.And the most broken thing of all: public trust. Trust in government, in news media, in police, in the scientific establishment. There’s a ton of scholarly research showing that when societies become low-trust, like in Lebanon or Brazil, they tend to fare poorly.Gail: I know that many very smart people are in the throes of despair, but I just can’t get there. People have been complaining about the schools since the beginning of time — and that’s a good thing; you certainly don’t want to be complacent about education.Bret: Did you know that The Times won a Pulitzer Prize for public service in 1944 for reporting on how shockingly ignorant American college freshmen were about U.S. history? And them wuz the good ol’ days.Gail: The I.R.S. is broken only to the extent that Republicans in Congress are refusing to supply funding to make the tax system work.Bret: And because the agency runs with the sort of peerless efficiency we generally expect from federal bureaucracies.Gail: And let’s see — as a longtime fallen-away Catholic, I don’t think the church is going to fix itself until we have both women priests and married priests. But it’s not as if it’s more broken now than it was throughout my life.Bret: I defer to you on this one. Just trying to think of the last time I read a story about a Catholic priest that didn’t involve child molestation or an effort by the church hierarchy to cover it up.Gail: The cities: They aren’t broken — most of them just need a whole lot more federal aid for housing and public safety. And gee, federal gun laws that crack down on villains from buying weapons down South and illegally shipping them to gun-control states like New York.I could go on, but I don’t want to monopolize our civil discourse. Are you really so superpessimistic?Bret: It’s easy to get carried away with gloom, and America has a history of bouncing back from bouts of depression and disorder. But I find it really hard to feel any optimism when Donald Trump seems to be cruising to the Republican renomination and Joe Biden is generating excitement among Democrats the way a colonoscopy generates excitement among people turning 50: something your doctor says you must do but only because the potential alternative is lethal.Gail: Oh, gosh, Bret, now whenever I look at Joe Biden, I’m going to think “colonoscopy president.”You know I’m very sorry he decided to run again and put a damper on all the promising younger Democrats who might have been great options to replace him. But still, he’s been a good president. Our problem isn’t really on the Democratic side. The Trump-remodeled Republican Party is one thing I’d put on a list of national disasters.Bret: Don’t forget it’s also an international disaster.Gail: Know you’re as down on Donald as I am. Should we talk Supreme Court? The big decisions — affirmative action, gay rights, student loans. Am I right guessing you agreed with all three?Bret: Well, don’t forget the court striking down the independent state legislature theory in Moore v. Harper, in which three conservative judges joined with three liberals to uphold the right of state judiciaries to have a say in how state legislatures draw congressional districts and conduct elections. Or the Counterman v. Colorado case, in which four conservative justices joined Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson in a 7-to-2 decision protecting free-speech rights. This may be a conservative court, but it’s not a MAGA court.Gail: Can see the Trump campaign calls …Bret: Regarding the cases you mentioned, I think even the Biden administration knew deep down that its effort to forgive billions in student loans without action from Congress was legally doubtful. And I don’t have to agree with a web designer’s religious beliefs about same-sex marriage to accept that she has a free-speech right not to participate in something she finds morally objectionable.Gail: How would you feel about a wedding dress designer who refused to take business from a mixed-race couple because her own moral beliefs are against Black people being able to marry white people?Bret: Well, obviously I’d find it abhorrent. But this current case is different, because it turned on whether a business owner could be obliged to design a website for a same-sex couple. That’s clearly a matter of speech, not the identity of the customer.Gail: This case comes out of Colorado, which has a very specific state law prohibiting discrimination on the basis of sexual orientation. Once again our Supremes have made it clear that they’re only going to rule for stuff they like — to hell with details like legality.Bret: I don’t think either of us questions the right of the Supreme Court to overturn any state laws that violate fundamental constitutional rights, even if we don’t like the views of the people claiming those rights. As for the affirmative action case, I think it was one of the best decisions in the court’s history. I know you, um, dissent ….Gail: We had a big argument about that one last week. Having a diverse student body or workplace isn’t just a good goal; it’s critical to building and maintaining a truly free and equal society.Bret: Sure, provided diversity isn’t achieved by giving advantages to some racial groups at the expense of others. In the Harvard and University of North Carolina cases, Asian Americans were put at a significant disadvantage in the admissions process simply on account of their race.Gail: I’m still hopeful business leaders and school administrators will be able to work to the same end by concentrating on other factors — like, say, looking for applicants who have been able to overcome an impoverished upbringing.Bret: We agree on this. And as our colleague David French pointed out in a terrific column last week, Harvard could have long ago redesigned its admissions process to favor students on account of socioeconomic status rather than race and achieved roughly the same kind of diversity without putting race at the center of its admissions calculus.Gail: We’ll see. Still hate the idea that striving to have a student body or work force that’s racially diverse is some kind of mortal sin.Can we talk presidential politics for a minute? Feel kinda guilty for bringing it up, given that the nominating conventions are still more than a year away, but it does continue to fascinate me.Bret: By all means …Gail: I noticed that the proudly middle-middle-class governor Ron DeSantis got $1.25 million for his political memoir. Also that he just signed a bill allowing Florida roads to be built with a radioactive material.Bret: Phosphogypsum, a byproduct of making fertilizer, which is now kept in mountainous stacks across Florida. Used for construction in Europe, Australia and Japan, to no apparent ill effect. As for the memoir, Andrew Cuomo, a former New York governor, got $5.1 million for his book, shortly before he completely disgraced himself. I’d say the Florida governor’s advance is pretty modest, in the scheme of things.Gail: I retreat. For the moment. Anyhow, the DeSantis stories are just silly details in a race when the Republican front-runner keeps getting charged with major crimes. Now, this is supposed to be your flock, Bret. How do you keep focused?Bret: Gail, I read about the Republican Party the way I would about a former friend with whom I was once close but who tragically turned to a life of debauchery and crime in his demented old age.Gail: Is that why you’re feeling so down on everything, from the cities to religion?Bret: Might be. Hard to feel optimistic, politically, when you don’t really have a team to root for. But maybe you’re right and I’m too depressed about America. Still would much prefer to live here than in Britain, with its sky-high inflation. Or France, with its riots. Or Mexico, with its corruption and creeping authoritarianism. Or Canada, with its Justin Trudeau.So I’m back where we started. Happy Fourth of July!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

  • in

    Bolsonaro ha sido inhabilitado en Brasil. Trump busca la presidencia en EE. UU.

    Aunque el comportamiento de ambos expresidentes fue muy similar, las consecuencias políticas que enfrentan han sido drásticamente diferentes.El presidente de extrema derecha, que no era el favorito en las encuestas, alertó sobre un fraude electoral a pesar de no tener ninguna prueba. Tras perder, afirmó que las elecciones estaban amañadas. Miles de sus seguidores —envueltos en banderas nacionales y engañados por teorías de la conspiración— procedieron a asaltar el Congreso, buscando anular los resultados.Ese escenario describe las elecciones presidenciales más recientes en las democracias más grandes del hemisferio occidental: Estados Unidos y Brasil.Pero si bien el comportamiento de los dos expresidentes —Donald Trump y Jair Bolsonaro— fue muy similar, las consecuencias políticas han sido drásticamente diferentes.Si bien Trump enfrenta cargos federales y estatales que lo acusan de pagarle a una actriz de cine porno por su silencio y de manejar de manera indebida documentos clasificados, sigue siendo la figura más influyente de la derecha estadounidense. Más de dos años después de dejar la Casa Blanca, Trump parece estar destinado a convertirse en el candidato republicano a la presidencia, con una amplia ventaja en las encuestas.En Brasil, Bolsonaro ha enfrentado represalias más rápidas y feroces. También enfrenta numerosas investigaciones criminales. Las autoridades allanaron su casa y confiscaron su teléfono celular. Y el viernes, menos de seis meses después de que dejara el poder, el Tribunal Superior Electoral de Brasil votó para inhabilitar a Bolsonaro de optar a un cargo político durante lo que queda de la década.Las secuelas de un asalto en el complejo de oficinas del gobierno brasileño por parte de los partidarios de Bolsonaro en enero.Victor Moriyama para The New York TimesEl tribunal dictaminó que el expresidente abusó de su poder cuando hizo afirmaciones sin fundamento sobre la integridad de los sistemas de votación de Brasil en la televisión estatal. Su próxima oportunidad a la presidencia sería en las elecciones de 2030, en las que tendría 75 años.Trump, incluso si es hallado culpable en un caso antes de las elecciones del año que viene, no sería descalificado automáticamente de postularse a la presidencia.El contraste entre las consecuencias que enfrentan ambos hombres refleja las diferencias de las estructuras políticas y gubernamentales de los dos países. El sistema estadounidense ha dejado el destino de Trump en manos de los votantes y del proceso lento y metódico del sistema judicial. En Brasil, los tribunales han sido proactivos, rápidos y agresivos para eliminar cualquier cosa que consideren una amenaza para la joven democracia de la nación.Las elecciones estadounidenses están a cargo de los estados, con un mosaico de reglas en todo el país sobre quién es elegible para postularse y cómo. En muchos casos, uno de los pocos obstáculos para aparecer en una boleta es recolectar suficientes firmas de votantes elegibles.En Brasil, las elecciones están regidas por el Tribunal Superior Electoral, el cual, como parte de sus funciones, sopesa regularmente si los candidatos tienen derecho a postularse para un cargo.“El alcalde, el gobernador o el presidente tienden a abusar de su poder para ser reelectos. Por eso creamos la ley de inelegibilidad”, dijo Ricardo Lewandowski, juez jubilado del Supremo Tribunal Federal de Brasil y expresidente del Tribunal Superior Electoral.La ley brasileña establece que los políticos que abusen de sus cargos sean temporalmente inelegibles para cargos. Como resultado, el Tribunal Superior Electoral ha bloqueado rutinariamente la postulación de políticos, incluidos, junto con Bolsonaro, tres expresidentes.“Lo que nuestro sistema trata de hacer es proteger al votante”, dijo Lewandowski. “Quienes cometieron delitos contra el pueblo deben permanecer fuera del juego durante cierto periodo de tiempo hasta que se rehabiliten”.Según algunos analistas, esta estrategia ha puesto demasiado poder en manos de los siete jueces del Tribunal Superior Electoral, en lugar de que sean los votantes quienes decidan.“Es una diferencia estructural entre los dos países”, dijo Thomas Traumann, analista político y exsecretario Especial de Comunicación Social de una presidenta brasileña de izquierda. Los políticos en Brasil conocen las reglas, dijo, y el sistema ha ayudado a mantener alejados del poder a algunos políticos corruptos. “Por otro lado, estás impidiendo que la gente decida”, dijo.El sistema electoral centralizado de Brasil también impidió que Bolsonaro librara una batalla tan prolongada por los resultados de las elecciones como lo hizo Trump.En Estados Unidos, un conteo lento de votos retrasó una semana la proclamación del ganador y luego el proceso del Colegio Electoral tomó varios meses más. Cada estado también realizó sus propias elecciones y auditorías. Eso le dio a Trump, y a los políticos y grupos que lo apoyaban, tiempo y varios frentes para implementar ataques contra el proceso.En Brasil, un país con 220 millones de habitantes, el sistema electrónico de votación contó las boletas en dos horas. La autoridad electoral central y no los medios de comunicación, procedieron a anunciar al ganador esa noche, en una ceremonia que involucró a líderes del Congreso, los tribunales y el gobierno.El sistema de votación electrónica de Brasil contó las papeletas en dos horas.Victor Moriyama para The New York TimesBolsonaro permaneció en silencio durante dos días pero, con pocas opciones, al final se hizo a un lado.Sin embargo, ese enfoque también conlleva riesgos.“Se podría alegar que ser tan centralizado también te hace propenso a más abusos que en el sistema estadounidense, que está más descentralizado y permite básicamente una supervisión local”, dijo Omar Encarnación, profesor del Bard College que ha estudiado los sistemas democráticos en ambos países.Sin embargo, añadió, en Estados Unidos, varios estados han aprobado recientemente leyes de votación restrictivas. “Resulta claro que son dos modelos muy diferentes y, dependiendo del punto de vista, se podría argumentar cuál es mejor o peor para la democracia”.En el periodo previo a las elecciones, el sistema de Brasil también le permitió combatir de manera mucho más agresiva contra cualquier desinformación o conspiración antidemocrática. El Supremo Tribunal Federal ordenó redadas y arrestos, bloqueó a miembros del Congreso de las redes sociales y tomó medidas para prohibir a las empresas de tecnología que no cumplieran con las órdenes judiciales.El resultado fue una campaña radical e implacable destinada a combatir la desinformación electoral. Sin embargo las medidas también generaron reclamos generalizados de extralimitación. Algunas redadas se enfocaron en personas solo porque estaban en un grupo de WhatsApp que había mencionado un golpe de Estado. Algunas personas fueron encarceladas temporalmente sin juicio por criticar al tribunal. Un congresista fue sentenciado a prisión por amenazar a los jueces en una transmisión en vivo.Estas acciones estrictas de los tribunales han ampliado su enorme influencia en la política brasileña en los últimos años, incluido su papel central en la llamada investigación Lava Jato que envió a prisión al presidente Luiz Inácio Lula da Silva.“La audacia, la temeridad con la que los tribunales han actuado, no solo contra Bolsonaro, sino incluso contra Lula, sugiere que los tribunales se están comportando de una manera un tanto —odio usar la palabra irresponsable— pero tal vez incluso represiva”, dijo Encarnación.Sin embargo, a pesar de los esfuerzos del tribunal, miles de partidarios de Bolsonaro procedieron a atacar y saquear los recintos del poder de la nación en enero, una semana después de la toma de posesión de Lula.Si bien la situación fue inquietantemente similar al asalto al Capitolio de Estados Unidos el 6 de enero de 2021, los roles de los dos expresidentes fueron diferentes.Cientos de simpatizantes de Bolsonaro fueron detenidos temporalmente después de los disturbios de enero.Victor Moriyama para The New York TimesAmbos avivaron los reclamos y convencieron a sus seguidores de que se cometió un supuesto fraude, pero Trump les ordenó de manera explícita que marcharan hacia el Capitolio durante un discurso en las inmediaciones del lugar.Cuando los simpatizantes de Bolsonaro formaron su propia turba, Bolsonaro se encontraba a miles de kilómetros en Florida, donde permaneció por tres meses.En ambos países, cientos de invasores fueron arrestados y condenados, e investigaciones de los congresos están investigando lo sucedido. Por lo demás, las consecuencias han sido distintas.Al igual que Trump, Bolsonaro también ha defendido a sus seguidores.El viernes, Bolsonaro dijo que la revuelta no había sido un intento de golpe de Estado sino “viejitas y viejitos con banderas brasileñas en sus espaldas y biblias bajo sus brazos”.Pero las repercusiones políticas han sido diferentes.En Estados Unidos, gran parte del Partido Republicano ha aceptado las afirmaciones infundadas de fraude electoral, los estados han aprobado leyes que dificultan el voto y los votantes han elegido candidatos para el Congreso y las legislaturas estatales que niegan los resultados de las elecciones presidenciales.En Brasil, la clase política se ha alejado en gran medida del discurso de fraude electoral, así como del propio Bolsonaro. Los líderes conservadores están impulsando en la actualidad a un gobernador más moderado como el nuevo abanderado de la derecha brasileña.Encarnación afirmó que, a pesar de sus problemas, el sistema democrático de Brasil puede proporcionar un modelo sobre cómo combatir las nuevas amenazas antidemocráticas.“Básicamente, las democracias están luchando contra la desinformación y Dios sabe qué otras cosas con instituciones muy anticuadas”, dijo. “Necesitamos actualizar el hardware. No creo que haya sido diseñado para personas como las que enfrentan estos países”.Jack Nicas es el jefe de la corresponsalía en Brasil, que abarca Brasil, Argentina, Chile, Paraguay y Uruguay. Anteriormente reportó de tecnología desde San Francisco y, antes de integrarse al Times en 2018, trabajó siete años en The Wall Street Journal. @jacknicas • Facebook More