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    Más de 100.000 personas marchan en México contra el Plan B

    Se registraron manifestaciones en más de un centenar de ciudades del país contra una serie de medidas que van a limitar a la autoridad electoral y que, según sus funcionarios, dificultará garantizar elecciones libres y justas.Demonstrators gathered in Mexico City’s main square to protest new measures diminishing the nation’s electoral watchdog, changes they see as a threat to democracy.Luis Antonio Rojas for The New York TimesCIUDAD DE MÉXICO — Más de 100.000 personas salieron a las calles de México el domingo para protestar las leyes recién aprobadas que restringen al instituto electoral del país, en lo que los manifestantes dijeron era un repudio a los esfuerzos del presidente de debilitar a un pilar de la democracia.Vestidos en varios tonos de rosa, el color oficial del órgano de supervisión electoral que ayudó a terminar con el régimen de partido único hace dos décadas, los manifestantes llenaron el Zócalo de la capital y gritaron: “¡El voto no se toca!”.Los asistentes dijeron que buscaban enviar un mensaje al presidente de México, Andrés Manuel López Obrador, quien respaldó las medidas y reside en el Palacio Nacional, frente a la principal plaza de la capital.Pero también se dirigían directamente a la Suprema Corte de Justicia de la Nación, que se espera que atienda las impugnaciones a las modificaciones al instituto electoral en los próximos meses. Muchos consideran que se trata de un momento que plantea un desafío crucial a la corte, que ha sido objeto de críticas por parte del presidente.La mañana del domingo, los manifestantes también gritaron: “¡Yo confío en la corte!”.Horas antes del inicio oficial de la protesta, los asistentes, algunos vistiendo camisas de botones bien planchadas y sombreros de paja, se reunían en cafeterías y tomaban desayuno en una terraza con vista a la sede de gobierno.Los manifestantes dijeron que los cambios ponen en riesgo a un pilar clave de la democracia del país.Luis Antonio Rojas para The New York TimesPero en la calle, el ambiente era de ansiedad.“Yo pagué mis propios gastos y mi estancia, pero no me pesa: haría eso y más por mi país”, dijo Marta Ofelia González, de 75 años, quien voló de Mazatlán, en el estado costero de Sinaloa, y llevaba una visera de paja para cubrirse de un sol intenso.Acudió, dijo, porque teme “perder la democracia y que nos convirtamos en una dictadura”.El presidente argumenta que los cambios van a ahorrar millones de dólares y mejorarán el sistema de votación. Pero los funcionarios electorales comentan que la modificación va a dificultar que se garanticen elecciones libres y justas, incluida la contienda presidencial del próximo año.“Es la última esperanza”, dijo Guadalupe Acosta Naranjo, un exdiputado de izquierda y uno de los organizadores de la protesta. “Queremos generar un respaldo”, dijo, “para fortalecer la idea de que la Suprema Corte debe declarar inconstitucionales estas leyes”. De otro modo, agregó Acosta Naranjo, “tendríamos que ir a la elección con un árbitro parcial y un árbitro disminuido”.No se sabía con certeza de inmediato cuántas personas protestaron en todo el país —se organizaron manifestaciones en más de 100 ciudades— a pesar de que las cifras solo en Ciudad de México superaron los 100.000 asistentes, según organizadores y autoridades locales.Sobre las protestas se cernía la condena reciente en un tribunal de Brooklyn de Genaro García Luna, un exalto funcionario de seguridad mexicano, quien fue declarado culpable de recibir sobornos de los cárteles del narcotráfico: en México, el veredicto se percibe ampliamente como dañino a uno de los partidos de la oposición que ayudaron a organizar la protesta del domingo.José Ramón Cossío Díaz, un ministro retirado de la Suprema Corte de Justicia de la Nación, habló el domingo frente al edificio del tribunal.Luis Antonio Rojas para The New York TimesGarcía Luna fungió como un funcionario de seguridad de alto rango durante más de una década con dos presidentes del Partido Acción Nacional —Vicente Fox y Felipe Calderón— que hicieron llamados públicos para que los ciudadanos se unieran a la protesta.En las calles que recorrieron los manifestantes el domingo había afiches con el rostro de García Luna y la palabra “culpable”.El presidente ha insinuado que a los manifestantes los motiva el deseo de devolver el país a manos de los líderes corruptos del pasado.“Van a venir porque hay un grupo de intereses creados, de corruptos, que quiere regresar al poder para seguir robando”, dijo López Obrador en una conferencia de prensa reciente refiriéndose a los manifestantes del domingo. “No vengan aquí a decir: ‘Es que nos importa la democracia, es que se afecta la democracia’”.Era la segunda vez en alrededor de cuatro meses que los mexicanos se habían manifestado en apoyo del instituto de vigilancia electoral, que el presidente y sus seguidores aseguran que se ha convertido en una burocracia inflada cooptada por intereses políticos.“Tiene un poder desmesurado y desviado”, dijo Pedro Miguel, un periodista de La Jornada, un diario de izquierda, quien se describió como “militante” del proyecto político del presidente. Miguel criticó al INE por pagarle demasiado a sus integrantes, incluido un bono al retirarse.“Esa marcha parece más bien en defensa de ese bono y de esos sueldos miserables”, dijo de la protesta del domingo.Fue la segunda vez en unos cuatro meses que los mexicanos mostraron apoyo público al Instituto Nacional Electoral, que el presidente y sus seguidores aseguran se ha convertido en un organismo con burocracia inflada.Luis Antonio Rojas para The New York TimesLas medidas, aprobadas la semana pasada por la legislatura, van a recortar el personal del instituto, socavar su autonomía y limitar su capacidad para sancionar a los políticos que quebranten la ley electoral. Los funcionarios electorales indican que la modificación también eliminará a la mayoría de trabajadores que supervisan directamente el voto e instalan las casillas de votación en todo el país.“Pone en riesgo incluso la validez de las propias elecciones”, dijo en una entrevista Lorenzo Córdova, el presidente saliente del INE.Las manifestaciones suceden cuando el país se prepara para el inicio de la campaña presidencial de 2024, en medio de serias dudas sobre si una oposición maltrecha e incipiente cuenta con los medios para ganarse a los votantes desencantados.“Es una prueba muy importante de qué tanto van a poder movilizar a su base social”, dijo Blanca Heredia, profesora en el Centro de Investigación y Docencia Económicas, refiriéndose a los partidos que se oponen al presidente, conocido por sus iniciales, AMLO.La multitud del domingo, según algunos analistas, era suficientemente grande para señalar que muchos mexicanos están ansiosos de apoyar a sus instituciones y también de expresar su descontento con el presidente.González, la manifestante de Mazatlán, dijo que no había votado por López Obrador, “porque todavía me sube el agua al tinaco”.Está por verse si la oposición puede sacar provecho electoral de ese desencanto.“Nada más tienen el sentimiento anti-AMLO”, dijo Heredia de los partidos que se enfrentan a López Obrador. “Si quieren captar a más votantes, distintos a los que son anti-AMLO, necesitan un proyecto en positivo, algún plan que proponer al país”.Los manifestantes que marcharon contra las medidas impulsadas por el presidente Andrés Manuel López Obrador, quien ha insinuado que los que protestan buscan volver a poner el país en manos de líderes corruptos.Luis Antonio Rojas para The New York TimesElda Cantú More

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    Large Crowds Across Mexico Protest Overhaul of Election Watchdog

    Demonstrations took place in over 100 cities against the recent overhaul of the country’s electoral watchdog, which officials say could make fair and free elections difficult.More than 100,000 people took to the streets of Mexico on Sunday to protest new laws hobbling the nation’s election agency, in what demonstrators said was a repudiation of the president’s efforts to weaken a pillar of democracy.Wearing shades of pink, the official color of the electoral watchdog that helped end one-party rule two decades ago, protesters filled the central square of the capital, Mexico City, and chanted, “Don’t touch my vote.”The protesters said they were trying to send a message to the president, Andrés Manuel López Obrador, who backed the measures and lives in the national palace on the square’s edge.They were also speaking directly to the nation’s Supreme Court, which is expected to hear a challenge to the overhaul in the coming months. Many see the moment as a critical test for the court, which has been a target of criticism by the president.Protesters also chanted on Sunday morning, “I trust in the court.”Hours before the demonstration officially began, attendants, many wearing crisp collared shirts and Panama hats, lined up outside upscale cafes and sat for breakfast on a terrace overlooking the seat of government.Protesters said the changes imperiled a key pillar of the nation’s democracy.Luis Antonio Rojas for The New York TimesBut on the streets, the mood was anxious.“I paid my own expenses and my stay, but it doesn’t bother me, I’d do that and more for my country,” said Marta Ofelia González, 75, who flew in from Mazatlán, on the coast of Sinaloa State, and wore a straw visor to block the punishing sun.She came, she said, because she fears “we will lose democracy and become a dictatorship.”The president argues the changes will save millions of dollars and improve the voting system. Electoral officials, though, say the overhaul will make it difficult to guarantee free and fair elections — including in a crucial presidential election next year.“This is our last hope,” said Guadalupe Acosta Naranjo, a former leftist congressman and one of the demonstration’s organizers. “We want to defend the court’s autonomy so it can declare these laws unconstitutional.” Otherwise, Mr. Acosta Naranjo said, “we will have to hold an election with a partial and diminished arbiter.”It was not immediately clear how many people protested across the country — demonstrations had been organized in more than 100 cities — though the numbers in Mexico City alone were above 100,000, organizers and local officials said.Looming over the protests was the recent conviction in a Brooklyn courtroom of Genaro García Luna, a former top Mexican law enforcement official, who was found guilty of taking bribes from cartels — a verdict widely viewed in Mexico as damaging to one of the opposition parties associated with the demonstration on Sunday.José Ramón Cossío Díaz, a retired minister of the Supreme Court, spoke in front of the court building on Sunday.Luis Antonio Rojas for The New York TimesMr. García Luna served in high-profile security roles for more than a decade under two conservative National Action Party presidents — Vicente Fox and Felipe Calderón — both of whom publicly called for citizens to attend the protest.The streets where protesters roamed on Sunday were lined with posters bearing Mr. García Luna’s face and the word “guilty.”The president has suggested that the protesters are motivated by the desire to put the country back in the hands of the corrupt leaders of the past.“They’re going to show up because there are vested, corrupt interests that want to return to power to continue stealing,” Mr. López Obrador said at a recent news conference. “So don’t try to say ‘it’s that we care about democracy, it’s that democracy is being damaged.”It was the second time in about four months that Mexicans had demonstrated in support of the election watchdog, which the president and his supporters say has become a bloated bureaucracy captured by political interests. “It has too much power, perverted power,” said Pedro Miguel, a journalist at La Jornada, a leftist newspaper, who describes himself as a “militant” of the president’s political project. Mr. Miguel criticized the agency for paying its governing members too much, including a bonus after stepping down.“This is a march in defense of that bonus and those miserable salaries,” he said of the demonstration on Sunday.It was the second time in about four months that Mexicans had rallied in support of the election watchdog, which the president and his supporters say has become a bloated bureaucracy.Luis Antonio Rojas for The New York TimesThe measures, passed by the legislature last week, will cut the agency’s staff, undermine its autonomy and limit its capacity to punish politicians who break electoral law. Electoral officials say the overhaul will also eliminate the majority of workers who directly oversee the vote and install polling stations across the country.“It threatens the validity of elections themselves,” said Lorenzo Córdova, the departing president of the agency, in an interview.The protest comes as the country gears up for the start of the 2024 presidential campaign, amid serious questions about whether a battered and inchoate opposition has the wherewithal to win over disenchanted voters.“It’s an important test of how much they’re able to mobilize their base,” said Blanca Heredia, a professor at Mexico’s Center for Research and Teaching in Economics, referring to the parties opposing Mr. López Obrador, known by his initials, AMLO.The crowd was big enough on Sunday, analysts said, to suggest that many Mexicans are eager to support their institutions — and vent their anger at the president.Ms. González, of Mazatlán, said she had not voted for Mr. López Obrador “because my brain still works.”It remains unclear whether the opposition can use that bitterness to its electoral advantage.“All they have is that anti-AMLO sentiment,” Professor Heredia said of the parties opposing Mr. López Obrador. “If they want to gain more voters that aren’t just anti-AMLO, they’re going to need a positive project — a plan for the country.”Demonstrators marching against the measures pushed by President Andrés Manuel López Obrador, who has suggested that protesters want to place the country back in the hands of corrupt leaders.Luis Antonio Rojas for The New York TimesElda Cantú More

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    In Nigeria’s Presidential Election, A Rare Chance to Turn the Corner

    In Nigeria’s presidential election on Saturday, voters are desperate to elect a leader who can unleash their youthful country’s potential and chart a new course after years of dashed hopes.Upon winning independence from its British colonizers in 1960, thousands of Nigerians watched as their new green and white flag was raised over the capital at the time, Lagos, at midnight. As fireworks lit up the streets, hope and promise filled the air.Nigerians’ hopes have been dashed many times since then. They have endured a bitter civil war, decades of military dictatorship and, in the past eight years, rising violence and economic failures under President Muhammadu Buhari. A record 89 percent of Nigerians think the country is going in the wrong direction.But in this weekend’s presidential election — one of the most consequential in the 23 years since the last dictatorship ended and democracy took hold — many see a chance to change course.And as Nigerians made their way on Saturday to polling stations across their huge and diverse country, the race to lead their young democracy and its legions of youthful citizens seemed wide open.People began arriving at the polls long before they opened. In Lagos, Nigeria’s largest city, voters searched for their names on lists pasted on walls. Young men played soccer on streets that would usually be choked with traffic but had been cleared for the election.Some polling units were slow to open, prompting a few voters’ anger, but mostly their patience. In Abuja, the capital, three young women spread a blanket on a patch of grass and settled in to wait.The monopoly on power that the two major parties have held for two decades has been shaken up by a surprise third-party candidate, Peter Obi. Multiple polls have shown him in the lead, propelled by enthusiastic young voters, but whether they will turn out in large enough numbers to elect him is uncertain.Other polls have shown both the governing party’s candidate, Bola Tinubu, and Atiku Abubakar, a businessman and perennial opposition candidate, in the lead.In a country of 220 million, Africa’s most populous, more than 93 million people registered for permanent voting cards, the most ever, the election commission said.Waiting for money outside a bank this month in Lagos. A shortage of bank notes has made it hard to pay for food, medicine and other daily essentials.John Wessels/Agence France-Presse — Getty ImagesA market this month in Lagos. A record 89 percent of Nigerians think the country is going in the wrong direction.John Wessels/Agence France-Presse — Getty ImagesOn a recent afternoon outside an event hall in Lagos, one remorseful former Buhari voter, Joshua Pius, 34, a drummer on a break from performing, said he was now earning so little that his young family had been forced to cut back on food. His children are 1 and 3.Mr. Pius was determined to make his next vote count, he said, as bouncy highlife music from a funeral streamed from the hall. Funerals in Nigeria are often celebrations of life rather than somber occasions.He said, using the shorthand for the permanent voter’s card, “The only hope you have is your P.V.C.”Like many Nigerians, Mr. Pius has been blindsided by a sudden countrywide shortage of cash — a crisis precipitated when the government decided to redesign and roll out new currency just before the election. Nigeria’s central bank took billions of naira (the local currency) out of circulation, while putting only a fraction in new notes back in. Even those with money in the bank cannot find cash to pay for food, medicine and other essentials, causing widespread suffering.Peter Obi speaking this month to market workers in Lagos.Taiwo Aina for The New York TimesBola Tinubu, the presidential candidate for the governing party, the All Progressives Congress, arriving on Tuesday by bus at Teslim Balogun Stadium in Lagos.Patrick Meinhardt/Agence France-Presse — Getty ImagesSorting out that mess is just one of the mammoth tasks the election winner will face. G.D.P. per capita has plummeted during Mr. Buhari’s tenure. Oil production fell last year to its lowest point in over three decades. The army is deployed all over the country, fighting Islamist militants, secessionists, kidnappers and communal clashes.But the potential of Africa’s biggest democracy is perhaps greater than the challenges. Nigerians speak proudly of their country’s natural riches: As well as oil, it has profuse supplies of gas and solid minerals, as well as greater agricultural potential than almost any other African country because of its vast, fertile lands and abundant water.And that is to say nothing of its human capital. The country’s unofficial motto, “Naija no dey carry last” — pidgin English for “Nigerians never come last” — speaks to their drive and creativity, on display in the booming tech sector, the Nollywood film industry and the global musical phenomenon that is Afrobeats.Recently, however, the young people who drive that innovation have been leaving in droves, or are making plans to.One of those, Henry Eze, 31, a music producer, was on the sidelines of a political rally in Lagos this month, natty in a three-piece suit despite the heat. Mr. Eze said he left Nigeria for Europe in 2017, but ended up instead in a Libyan detention center, where he witnessed horrific abuses and had to bury dozens of his friends before he was rescued and brought home.Rabiu Kwankwaso, the presidential candidate of the New Nigerian People’s Party, greeting his supporters during a final election campaign rally on Thursday in the northern city of Kano.Sani Maikatanga/Associated PressA presidential hopeful, Atiku Abubakar, joined worshipers at a mosque in northeastern Yola on Friday, the day before the presidential election.Esa Alexander/ReutersThe rally he was attending was for Mr. Obi, who six months ago was not seen as a serious contender, but who has run a remarkably successful campaign, particularly online. He is the unexpected challenger against the governing party’s candidate, Mr. Tinubu, a former governor of Lagos, and Mr. Abubakar, the perennial opposition candidate. Of the 18 total candidates, a fourth candidate, Rabiu Kwankwaso, could prove a spoiler by splitting the vote in parts of the north.Mr. Eze said that if Mr. Abubakar or Mr. Tinubu, whom he called “a vampire” for sucking the country’s riches, won the election, he would not hesitate to leave Nigeria again, even though he was traumatized by his first attempt to escape.“Anywhere is better than Nigeria,” Mr. Eze said.Searching for his polling station on Saturday morning in Ikoyi, an upscale neighborhood of Lagos, Maxwell Sadoh, 18, a student and Obi supporter, echoed his words.“It’s so painful to see what we’ve become,” Mr. Sadoh said.Many Nigerians think their leaders, also, cannot get much worse.Some, like Mr. Eze, are putting their hopes in Mr. Obi. Others think Mr. Abubakar’s business acumen will help put Nigeria back on a prosperous path. Many support Mr. Tinubu, who has a reputation for spotting the talent and experience many say the country needs.Michael Odifili, a professional fumigator who was at the Lagos polling station where Mr. Tinubu voted on Saturday morning, said that Mr. Tinubu’s experience as governor put him in good stead to lead the country.“We want Tinubu to correct everything, all the mistakes of the past eight years,” Mr. Odifili said.A man accused of being a pickpocket was attacked on Tuesday in Lagos during a rally for the All Progressives Congress, the party of the current president.Michele Spatari/Agence France-Presse — Getty ImagesNigerian Army troops outside the Central Bank of Nigeria in the southeastern city of Awka on Friday.Patrick Meinhardt/Agence France-Presse — Getty ImagesAll three of the front-runners — who have all faced accusations of corruption or wrongdoing — are promising several major departures from the way things have been done in the past: an end to the fuel subsidies that have helped push Nigeria into a fiscal hole and allowing the exchange rate to be set by market forces rather than officials.For the first time, not one of the top contenders has a military background, a big deal considering former military rulers turned democrats have been at Nigeria’s helm for 16 of the 23 years since democracy was reborn in 1999.For a country so youthful, with a median age of just over 18, politics is dominated by old men, in many ways playing by the old rules.A well-known though murky phenomenon in Nigerian politics is the role of godfathers, a loose term for the “big men” who play an outsize role in making or breaking politicians’ careers.Mr. Tinubu is one of the country’s best-known godfathers, boasting that he handpicked his successors as the governor of Lagos state. Mr. Tinubu even claims that without him, Mr. Buhari would never have become president.This goes some way to explain the slogan coined by Mr. Tinubu and most often associated with his own presidential bid: “It’s my turn.”Churchgoers prayed for Nigeria on Friday at the Celestial Church of Christ on Lagos Island.Ben Curtis/Associated PressCampaign posters for Mr. Tinubu and others under a highway this month in Lagos.John Wessels/Agence France-Presse — Getty ImagesMr. Abubakar, of the main opposition party, has run and lost five times before. He could be forgiven for thinking it is his turn, too.And at a recent visit to a Lagos market, Mr. Obi told the crowd: “If it is anybody to talk about ‘It’s my turn,’ it should be me,” a reference to the fact that there has never been a president from his region, the southeast.Recently, other West African countries have experienced a wave of coups. Afrobarometer, a survey organization, noticed that several factors came together in the lead-up to those coups: dissatisfaction with the direction the country is headed, a lack of trust in the presidency, approval of the military, and a perception that corruption is increasing.In Nigeria, the indicators are going that way too, according to the head of Afrobarometer.On that last night of British rule in 1960, after the flag raising and the fireworks display ushering in their first day of independence, Nigerians waited for the dawn.Often in the years since, analysts have predicted the disintegration of Nigeria, invoking the words of its most beloved writer, Chinua Achebe, who was quoting W.B. Yeats: “Things fall apart. The center cannot hold.”So far, it has held.At a beach this month in Lagos.Michele Spatari/Agence France-Presse — Getty ImagesElian Peltier More

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    It’s Time to Prepare for a Possible Trump Indictment

    “We find by unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election.” With those words, a Fulton County special grand jury’s report, part of which was released Thursday, repudiated Donald Trump’s assault on our democracy.The excerpts from the report did not explicitly offer new detail on a potential indictment of Mr. Trump or any other individual. But they suggest that, combined with everything else we know, Mr. Trump may very well be headed for charges in Georgia.We need to prepare for a first in our 246-year history as a nation: The possible criminal prosecution of a former president.If Mr. Trump is charged, it will be difficult and at times even perilous for American democracy — but it is necessary to deter him and others from future attempted coups.Fani Willis, the Fulton County district attorney, may present the case as a simple and streamlined one or in a more sweeping fashion. Success is more likely assured in the simpler approach, but the fact that the redacted report has eight sections suggests a broader approach is conceivable. In either event, we must all prepare ourselves for what could be years of drama, with the pretrial, trial and appeal likely dominating the coming election season.Ms. Willis opened her investigation shortly after Mr. Trump’s Jan. 2, 2021, demand that the Georgia secretary of state, Brad Raffensperger, “find 11,780 votes.” The second impeachment of Mr. Trump and the Jan. 6 committee hearings developed additional evidence about that request for fake votes and Mr. Trump and allies pushing fake electors in Georgia and nationally. There is now abundant evidence suggesting he violated Georgia statutes, like those criminalizing the solicitation of election fraud.The parts of the special grand jury’s report revealed on Thursday only reinforce Mr. Trump’s risk of prosecution. The statement that the grand jurors found “no widespread fraud” in the presidential election eliminates Mr. Trump’s assertion that voter fraud justified his pushing state election officials. We also know that the grand jurors voted defendant by defendant and juror by juror, and set forth their recommendations on indictments and relevant statutes over seven (currently redacted) sections. The likelihood that they did that and cleared everyone is very low. And the fact that the grand jurors felt so strongly about the issues that they insisted on writing the recommendations themselves, as they emphasize, further suggests a grave purpose.Also notable is the grand jury’s recommendation of indictments, “where the evidence is compelling,” for perjury that may have been committed by one or more witnesses. It seems unlikely that Ms. Willis will let that pass.She will now decide the next steps of the case. Her statement that charging decisions were imminent came more than three weeks ago. If she does indict Mr. Trump, the two likely paths that she might take focus on the fake electoral slates and Mr. Trump’s call to Mr. Raffensperger. One is a narrower case that would likely take weeks to try; the other is a broader case that would likely take months.Narrow charges could include the Georgia felonies of solicitation of election fraud in the first degree and related general crimes like conspiracy to commit election fraud, specifically focusing on events and people who have a strong nexus with Georgia. In addition to Mr. Trump, that might include others who had direct contacts with Georgia, like his former chief of staff Mark Meadows and his attorneys John C. Eastman and Rudolph W. Giuliani (who already received a “target” notification from Ms. Willis warning him that he may be charged). Such a case would focus on activities around the execution of the fake electoral slates on Dec. 14, 2020, followed by the conversation with Mr. Raffensperger on Jan. 2, rooting it in Georgia and avoiding events nationally except to the extent absolutely necessary.Or Ms. Willis could charge the case more broadly, adding sweeping state Racketeer Influenced and Corrupt Organizations, or RICO, charges that could still include the impact of the conduct in Georgia but bring in more of a nationwide conspiracy. This would look more like the Jan. 6 investigation, albeit with a strong Georgia flavor. It could additionally include those who appeared to have lesser contact with Georgia but were part of national efforts including the state, like the Trump campaign attorney Kenneth Chesebro and the Justice Department official Jeffrey Clark.A more narrow case might make slightly more sense: Given the extraordinary circumstances around it, Ms. Willis will surely have her hands full. And it will feature a likely lead defendant who has demonstrated his propensity for legal circuses — coming in the midst of a heated political season no less.That said, Ms. Willis has a proven propensity for bringing and winning RICO cases. And as we have learned in our criminal trial work, sometimes juries are more responsive to grander narratives that command their attention — and outrage.Whether it’s simple or broad, if a case is opened, one thing is nearly certain: It’s going to take a while, probably the better part of the next two years, and perhaps longer. We would surely see a flurry of legal filings from Mr. Trump, which while often meritless nevertheless take time. Here the battle would likely be waged around pretrial motions and appeals by Mr. Trump arguing, as he has done in other cases, that he was acting in his official presidential capacity and so is immune.That challenge, though not persuasive at all in our view, will almost certainly delay a trial by months. Other likely sallies are that the case should be removed to federal court (it shouldn’t); that he relied on the advice of counsel in good faith (he didn’t); or that his action was protected by the First Amendment (it wasn’t).Even if the courts work at the relatively rapid pace of other high-profile presidential cases, we would still be talking about months of delay. In both U.S. v. Nixon and Thompson v. Trump, about three months were consumed from the first filing of the cases to the final rejection of presidential arguments by the U.S. Supreme Court. In this case, there would be more issues, which would be likely to require additional time. At the earliest, Ms. Willis would be looking at a trial toward the end of 2023. Even on that aggressive schedule, appeals would not be concluded until the end of 2024 or beyond.Needless to say, this would have a profound impact on the election season. It would feature a national conversation about what it means for a former president to be prosecuted, and it would no doubt have unexpected consequences.Still, the debate is worth having, and the risks are worth taking. The core American idea is that no one is above the law. If there is serious evidence of crimes, then a former president should face the same consequences as anyone else. If we do not hold accountable those who engage in this kind of misconduct, it will recur.It would be the trial of the 21st century, no doubt a long and bumpy ride — but a necessary one for American democracy.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. E. Danya Perry is a former federal prosecutor and New York State corruption investigator. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.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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    The Relentless Attack on Trans People Is an Attack on All of Us

    Over the past year, we have seen a sweeping and ferocious attack on the rights and dignity of transgender people across the country.In states led by Republicans, conservative lawmakers have introduced or passed dozens of laws that would give religious exemptions for discrimination against transgender people, prohibit the use of bathrooms consistent with their gender identity and limit access to gender-affirming care.In lashing out against L.G.B.T.Q. people, lawmakers in at least eight states have even gone as far as to introduce bans on “drag” performance that are so broad as to threaten the ability of gender nonconforming people simply to exist in public.Some of the most powerful Republicans in the country want to go even further. Donald Trump has promised to radically limit transgender rights if he is returned to the White House in 2024. In a special video address to supporters, he said he would push Congress to pass a national ban on gender-affirming care for transgender youth and restrict Medicare and Medicaid funding for hospitals and medical professionals providing that care.He wants to target transgender adults as well. “I will sign a new executive order instructing every federal agency to cease all programs that promote the concept of sex and gender transition at any age,” Trump said. “I will ask Congress to pass a bill establishing that the only genders recognized by the United States government are male and female, and they are assigned at birth.”There is plenty to say about the reasoning and motivation for this attack — whether it comes from Trump, Gov. Ron DeSantis in Florida or Gov. Greg Abbott in Texas — but the important thing to note, for now, is that it is a direct threat to the lives and livelihoods of transgender people. It’s the same for other L.G.B.T.Q. Americans, who once again find themselves in the cross-hairs of an aggressive movement of social conservatives who have become all the more emboldened in the aftermath of the Supreme Court’s decision to overturn Roe v. Wade last year.This is no accident. The attacks on transgender people and L.G.B.T.Q. rights are of a piece with the attack on abortion and reproductive rights. It is a singular assault on the bodily autonomy of all Americans, meant to uphold and reinforce traditional hierarchies of sex and gender.Politicians and those of us in the media alike tend to frame these conflicts as part of a “culture war,” which downplays their significance to our lives — not just as people living in the world, but as presumably equal citizens in a democracy.Democracy, remember, is not just a set of rules and institutions, but a way of life. In the democratic ideal, we meet each other in the public sphere as political and social equals, imbued with dignity and entitled to the same rights and privileges.I have referred to dignity twice now. That is intentional. Outside of certain select phrases (“the dignity of labor”), we don’t talk much about dignity in American politics, despite the fact that the demands of many different groups for dignity and respect in public life has been a driving force in American history since the beginning. To that point, one of the great theorists of dignity and democracy in the United States was none other than Frederick Douglass, whose experience in bondage gave him a lifelong preoccupation with the ways that dignity is either cultivated or denied.“Douglass observed,” the historian Nicholas Knowles Bromell writes in “The Powers of Dignity: The Black Political Philosophy of Frederick Douglass,” “that although dignity seems to be woven into human nature, it is also something one possesses to the degree that one is conscious of having it; and one’s own consciousness of having it depends in part on making others conscious of it. Others’ recognition of it then flows back and confirms one’s belief in having it, but conversely their refusal to recognize it has the opposite effect of weakening one’s confidence in one’s own dignity.”It is easy to see how this relates to chattel slavery, a totalizing system in which enslaved Black Americans struggled to assert their dignity and self-respect in the face of a political, social and economic order that sought to rob them of both. But Douglass explored this idea in other contexts as well.Writing after the Civil War on women’s suffrage, Douglass asked his readers to see the “plain” fact that “women themselves are divested of a large measure of their natural dignity by their exclusion from and participation in Government.” To “deny women her vote,” Douglass continued, “is to abridge her natural and social power, and to deprive her of a certain measure of respect.” A woman, he concluded, “loses in her own estimation by her enforced exclusion from the elective franchise just as slaves doubted their own fitness for freedom, from the fact of being looked down upon as fit only for slaves.”Similarly, in her analysis of Douglass’s political thought — published in the volume “African-American Political Thought: A Collected History” — the political theorist Sharon R. Krause shows how Douglass “clearly believed that slavery and prejudice can degrade an individual against his will” and generate, in his words, “poverty, ignorance and degradation.”Although Douglass never wrote a systematic account of his vision of democracy, Bromell contends that we can extrapolate such an account from the totality of his writing and activism. “A democracy,” Douglass’s work suggests, “is a polity that prizes human dignity,” Bromell writes. “It comes into existence when a group of persons agrees to acknowledge each other’s dignity, both informally, through mutually respectful comportment, and formally, through the establishment of political rights.” All of our freedoms, in Bromell’s account of Douglass, “are means toward the end of maintaining a political community in which all persons collaboratively produce their dignity.”The denial of dignity to one segment of the political community, then, threatens the dignity of all. This was true for Douglass and his time — it inspired his support for women’s suffrage and his opposition to the Chinese Exclusion Act — and it is true for us and ours as well. To deny equal respect and dignity to any part of the citizenry is to place the entire country on the road to tiered citizenship and limited rights, to liberty for some and hierarchy for the rest.Put plainly, the attack on the dignity of transgender Americans is an attack on the dignity of all Americans. And like the battles for abortion rights and bodily autonomy, the stakes of the fight for the rights and dignity of transgender people are high for all of us. There is no world in which their freedom is suppressed and yours is sustained.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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    Meet the People Working on Getting Us to Hate Each Other Less

    Affective polarization — “a poisonous cocktail of othering, aversion and moralization” — has prompted an explosion of research as the threat to democratic norms and procedures mount.Intensely felt divisions over race, ethnicity and culture have become more deeply entrenched in the American political system, reflected in part in the election denialism found in roughly a third of the electorate and in state legislative initiatives giving politicians the power to overturn election results.Many researchers have begun to focus on this question: Is there a causal relationship between the intensification of hostility between Democrats and Republicans and the deterioration of support for democratic standards?“Growing affective polarization and negative partisanship,” Jennifer McCoy and Murat Somer, political scientists at Georgia State University and Koç University-Istanbul, write in a 2019 essay, “Toward a Theory of Pernicious Polarization and How It Harms Democracies: Comparative Evidence and Possible Remedies,”contribute to a perception among citizens that the opposing party and their policies pose a threat to the nation or an individual’s way of life. Most dangerously for democracy, these perceptions of threat open the door to undemocratic behavior by an incumbent and his/her supporters to stay in power, or by opponents to remove the incumbent from power.What is affective polarization? In 2016, Lilliana Mason, a political scientist at Johns Hopkins, wrote that when a voter’s “partisan social identity” merges with his or her racial, religious, sexual and cultural identities, “these various identities work together to drive an emotional type of polarization that cannot be explained by parties or issues alone.”Mason argues that “threats to a party’s status tend to drive anger, while reassurances drive enthusiasm” so thata party loss generates very negative, particularly angry, emotional reactions. This anger is driven not simply by dissatisfaction with potential policy consequences, but by a much deeper, more primal psychological reaction to group threat. Partisans are angered by a party loss because it makes them, as individuals, feel like losers too.One optimistic proposal to reduce partisan animosity is to focus public attention on the commonality of Democratic and Republican voters in their shared identity as Americans. Matthew Levendusky, a political scientist at the University of Pennsylvania, has written extensively on this subject, including in his 2018 paper “Americans, Not Partisans: Can Priming American National Identity Reduce Affective Polarization?” and in his soon-to-be-published book, “Our Common Bonds: Using What Americans Share to Help Bridge the Partisan Divide.”“I show,” Levendusky contends in his 2018 paper, “that when subjects’ sense of American national identity is heightened, they come to see members of the opposing party as fellow Americans rather than rival partisans. As a result, they like the opposing party more, thereby reducing affective polarization.”There are serious problems, however, with a depolarization strategy based on American identity, problems that go to the heart of the relentless power of issues of race, ethnicity and immigration­ to splinter the electorate.In their December 2022 paper, “ ‘American’ Is the Eye of the Beholder: American Identity, Racial Sorting, and Affective Polarization among White Americans,” Ryan Dawkins and Abigail Hanson write thatWhite Democrats and White Republicans have systematically different ideas about what attributes are essential to being a member of the national community. Second, the association between partisanship and these competing conceptions of American identity among White Americans has gotten stronger during the Trump era, largely because of Democrats adopting a more racially inclusive conception of American identity. Lastly, appeals to American identity only dampen out-partisan animosity when the demographic composition of the opposing party matches their racialized conception of American identity. When there is a mismatch between people’s racialized conception of American identity and the composition of the opposition party, American identity is associated with higher levels of partisan hostility.Dawkins and Hanson acknowledge that “national identity is perhaps the only superordinate identity that holds the promise of uniting partisans and closing the social distance between White Democrats and White Republicans,” but, they continue,If conceptions of national identity itself become the subject of the very sorting process that is driving affective polarization, then it can no longer serve as a unifying identity that binds the entire country together. In fact, frames that highlight the association of American identity to historic norms of whiteness can ultimately divide the country further, especially as the United States transitions into a majority-minority country. Indeed, continued demographic change will likely make the schism between White Democrats and White Republicans wider before things have any hope to improve.I asked Levendusky about the Dawkins-Hanson paper. He replied by email that he was now “convinced that there is no simple path from animosity (or affective polarization) to far downstream outcomes (albeit important ones)” — adding that “there’s a long way from ‘I dislike members of the other party’ to ‘I will vote for a candidate who broke democratic norms rather than a candidate from the other party’ and the process is likely complex and subtle.”In an August 2022 paper, “Does Affective Polarization Undermine Democratic Norms or Accountability? Maybe Not,” David E. Broockman, a political scientist at Berkeley, Joshua L. Kalla, a political scientist at Yale, and Sean J. Westwood, a political scientist at Dartmouth, pointedly reject the claim made by a number of scholars “that if citizens were less affectively polarized, they would be less likely to endorse norm violations, overlook copartisan politicians’ shortcomings, oppose compromise, adopt their party’s views, or misperceive economic conditions. A large, influential literature speculates as such.”Instead, Broockman, Kalla and Westwood contend, their own studies “find no evidence that these changes in affective polarization influence a broad range of political behaviors — only interpersonal attitudes. Our results suggest caution about the widespread assumption that reducing affective polarization would meaningfully bolster democratic norms or accountability.”Broockman and his co-authors measured the effect of reducing affective polarization on five domains: “electoral accountability, adopting one’s party’s policy positions, support for legislative bipartisanship, support for democratic norms, and perceptions of objective conditions.”“Our results,” they write, “run contrary to the literature’s widespread speculation: in these political domains, our estimates of the causal effects of reducing affective polarization are consistently null.”In an email, Westwood argued that the whole endeavor “to fix anti-democratic attitudes by changing levels of partisan animosity sounds promising, but it is like trying to heal a broken bone in a gangrenous leg when the real problem is the car accident that caused both injuries in the first place.”Westwood’s point is well-taken. In a country marked by battles over sex, race, religion, gender, regional disparities in economic growth, traditionalist-vs-postmaterialist values and, broadly, inequality, it is difficult to see how relatively short, survey based experiments could produce a significant, long-term dent in partisan hostility.Jan G. Voelkel, a sociologist at Stanford, and eight of his colleagues, report similar results in their October 2022 article “Interventions Reducing Affective Polarization Do Not Necessarily Improve Anti-democratic Attitudes.” “Scholars and practitioners alike,” they write, “have invested great effort in developing depolarization interventions that reduce affective polarization. Critically, however, it remains unclear whether these interventions reduce anti-democratic attitudes, or only change sentiments toward outpartisans.”Why?Because much prior work has focused on treating affective polarization itself, and assumed that these interventions would in turn improve downstream outcomes that pose consequential threats to democracy. Although this assumption may seem reasonable, there is little evidence evaluating its implications for the benefits of depolarization interventions.In “Megastudy Identifying Successful Interventions to Strengthen Americans’ Democratic Attitudes,” a separate analysis of 32,059 American voters “testing 25 interventions designed to reduce anti-democratic attitudes and partisan animosity,” however, Voelkel and many of his co-authors, Michael N. Stagnaro, James Chu, Sophia Pink, Joseph S. Mernyk, Chrystal Redekopp, Matthew Cashman, James N. Druckman, David G. Rand and Robb Willer significantly amended their earlier findings.In an email, Willer explained what was going on:One of the key findings of this new study is that we found some overlap between the interventions that reduced affective polarization and the interventions that reduced one specific anti-democratic attitude: support for undemocratic candidates. Specifically, we found that several of the interventions that were most effective in reducing American partisans’ dislike of rival partisans also made them more likely to say that they would not vote for a candidate from their party who engaged in one of several anti-democratic actions, such as not acknowledging the results of a lost election or removing polling stations from areas that benefit the rival party.Voelkel and his co-authors found that two interventions were the most effective.The first is known as the “Braley intervention” for Alia Braley, a political scientist at Berkeley and the lead author of “The Subversion Dilemma: Why Voters Who Cherish Democracy Participate in Democratic Backsliding.” In the Braley intervention, participants are “asked what people from the other party believe when it comes to actions that undermine how democracy works (e.g., using violence to block laws, reducing the number of polling stations to help the other party, or not accepting the results of elections if they lose).” They are then given “the correct answer” and “the answers make clear the other party does not support actions that undermine democracy.”The second “top-performing intervention” was to give participants “a video showing vivid imagery of societal instability and violence following democratic collapse in several countries, before concluding with imagery of the Jan. 6 U.S. Capitol attack.”“To our knowledge,” Willer wrote in his email, “this is the first evidence that the same stimuli could both reduce affective polarization and improve some aspect of Americans’ democratic attitudes, and it suggests these two factors may be causally linked, more than prior work — including our own — would suggest.”Kalla disputed the conclusions Willer drew from the megastudy:The most successful interventions in the megastudy for reducing anti-democratic views were interventions that directly targeted those anti-democratic views. For example, Braley et al.’s successful intervention was able to reduce anti-democratic views by correcting misperceptions about the other party’s willingness to subvert democracy.This intervention, Kalla continued,was not about affective polarization. What this suggests is that for practitioners interested in reducing anti-democratic attitudes, they should use interventions that directly speak to and target those anti-democratic views. As our work finds and Voelkel et al. replicates, obliquely attempting to reduce anti-democratic views through the causal pathway of affective polarization does not appear to be a successful strategy.I sent Kalla’s critique to Willer, who replied:I agree with Josh’s point that the most effective interventions for reducing support for undemocratic practices and candidates were interventions that were pretty clearly crafted with the primary goal in mind of targeting democratic attitudes. And while we find some relationships here that suggest there is a path to reducing support for undemocratic candidates via reducing affective polarization, the larger point that most interventions reducing affective polarization do not affect anti-democratic attitudes still stands, and our evidence continues to contradict the widespread popular assumption that affective polarization and anti-democratic attitudes are closely linked. We continue to find evidence in this newest study against that idea.One scholar, Herbert P. Kitschelt, a political scientist at Duke, contended that too much of the debate over affective polarization and democratic backsliding has been restricted to the analysis of competing psychological pressures, when in fact the scope in much larger. “The United States,” Kitschelt wrote in an email,has experienced a “black swan” confluence, interaction and mutual reinforcement of general factors that affect all advanced knowledge societies with specific historical and institutional factors unique to the U.S. that have created a poisonous concoction threatening U.S. democracy more so than that of any other Western society. Taken together, these conditions have created the scenario in which affective polarization thrives.Like most of the developed world, the United States is undergoing three disruptive transformations compounded by three additional historical factors specific to the United States, Kitschelt suggests. These transformations, he wrote, are:“The postindustrial change of the occupational structure expanding higher education and the income and status educational dividend, together with a transformation of gender and family relations, dismantling the paternalist family and improving the bargaining power of women, making less educated people — and especially males — the more likely socio-economic and cultural losers of the process.”“The expansion of education goes together with a secularization of society that has undercut the ideological foundations of paternalism, but created fierce resistance in certain quarters.”“The sociocultural and economic divisions furthermore correlate with residential patterns in which the growing higher educated, younger, secular and more gender-egalitarian share of the population lives in metropolitan and suburban areas, while the declining, less educated, older, more religious and more paternalists share of the population lives in exurbia or the countryside.”The three factors unique to this country, in his view, are:“The legacy of enslavement and racial oppression in the United States in which — following W.E.B. DuBois — the white lower class of less skilled laborers derived a ‘quasi-wage’ satisfaction from racist subordination of the minority, the satisfaction of enjoying a higher rank in society than African Americans.”“The vibrancy of evangelical ‘born again’ Christianity, sharply separated from the old European moderate, cerebral mainline Protestantism. The former attracts support over-proportionally among less educated people, and strictly segregates churches by race, thereby making it possible to convert white Evangelical churches into platforms of white racism. They have become political transmission belts of right-wing populism in the United States, with 80 percent of those whites who consider themselves ‘born again’ voting for the Trump presidential candidacy.”“The institutional particularities of the U.S. voting system that tends to divide populations into two rival parties, the first-past-the-post electoral system for the U.S. legislature and the directly elected presidency. While received wisdom has claimed that it moderates divisions, under conditions of mutually reinforcing economic, social, and cultural divides, it is likely to have the opposite effect. The most important additional upshot of this system is the overrepresentation of the countryside (i.e. the areas where the social, economic, and cultural losers of knowledge society tend to be located) in the legislative process and presidential elections/Electoral College.”Kitschelt argues that in order to understand affective polarization it is necessary to go “beyond the myopic and US-centric narrow vision field of American political psychologists.” The incentives “for politicians to prime this polarization and stoke the divides, including fanning the flames of affective polarization, can be understood only against the backdrop of these underlying socio-economic and cultural legacies and processes.”Kitschelt is not alone in this view. He pointed to a 2020 book, “American Affective Polarization in Comparative Perspective,” by Noam Gidron, James Adams and Will Horne, political scientists at Harvard, the University of California-Davis and Georgia State University, in which they make a case thatAmericans’ dislike of partisan opponents has increased more rapidly than in most other Western publics. We show that affective polarization is more intense when unemployment and inequality are high, when political elites clash over cultural issues such as immigration and national identity and in countries with majoritarian electoral institutions.Writing just before the 2020 election, Gidron, Adams and Horne point out that theissue of cultural disagreements appears highly pertinent in light of the ongoing nationwide protests in support of racial justice and the Black Lives Matter movement which has sparked a wider cultural debate over questions relating to race, police funding and broader questions over interpretations of America’s history. In a July 4th speech delivered at Mt. Rushmore, President Trump starkly framed these types of “culture war” debates as a defining political and social divide in America, asserting “our nation is witnessing a merciless campaign to wipe out our history, defame our heroes, erase our values and indoctrinate our children.”The study of affective polarization sheds light on how vicious American politics has become, and on how this viciousness has enabled Trump and those Republicans who have followed his lead, while hurting Democrats whose policy and legislative initiatives have been obstructed as much as they have succeeded.Richard Pildes, a professor of constitutional law at N.Y.U., addressed this point when he delivered the following remarks from his paper “Political Fragmentation in Democracies of the West” in 2021 at a legal colloquium in New York:There is little question that recent decades have seen a dramatic decline in the effectiveness of government, whether measured in the number of important bills Congress is able to enact, the proportion of all issues people identity as most important that Congress manages to address, or the number of enacted bills that update old policies enacted many decades earlier. Social scientists now write books with titles like Can America Govern Itself? Longitudinal data confirm the obvious, which is the more polarized Congress is, the less it enacts significant legislation; in the ten most polarized congressional terms, a bit more than 10.6 significant laws were enacted, while in the ten least polarized terms, that number goes up 60 percent, to around 16 significant enactments per term. The inability of democratic governments to deliver on the issues their populations care most about poses serious risks.What are the chances of reversing this trend?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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    Is Brazil’s Alexandre de Moraes Actually Good for Democracy?

    Alexandre de Moraes, a Brazilian Supreme Court justice, was crucial to Brazil’s transfer of power. But his aggressive tactics are prompting debate: Can one go too far to fight the far right?When Brazil’s highway police began holding up buses full of voters on Election Day, he ordered them to stop.When right-wing voices spread the baseless claim that Brazil’s election was stolen, he ordered them banned from social media.And when thousands of right-wing protesters stormed Brazil’s halls of power this month, he ordered the officials who had been responsible for securing the buildings arrested.Alexandre de Moraes, a Brazilian Supreme Court justice, has taken up the mantle of Brazil’s lead defender of democracy. Using a broad interpretation of the court’s powers, he has pushed to investigate and prosecute, as well as to silence on social media, anyone he deems a menace to Brazil’s institutions.As a result, in the face of antidemocratic attacks from Brazil’s former far-right president, Jair Bolsonaro, and his supporters, Mr. de Moraes cleared the way for the transfer of power. To many on Brazil’s left, that made him the man who saved Brazil’s young democracy.Yet to many others in Brazil, he is threatening it. Mr. de Moraes’s aggressive approach and expanding authority have made him one of the nation’s most powerful people, and also put him at the center of a complicated debate in Brazil over how far is too far to fight the far right.Damage to the Supreme Court caused by right-wing protesters. Mr. de Moraes ordered the officials who had been responsible for securing the buildings arrested.Victor Moriyama for The New York TimesHe has jailed people without trial for posting threats on social media; helped sentence a sitting congressman to nearly nine years in prison for threatening the court; ordered raids on businessmen with little evidence of wrongdoing; suspended an elected governor from his job; and unilaterally blocked dozens of accounts and thousands of posts on social media, with virtually no transparency or room for appeal.In the hunt for justice after the riot this month, he has become further emboldened. His orders to ban prominent voices online have proliferated, and now he has the man accused of fanning Brazil’s extremist flames, Mr. Bolsonaro, in his cross hairs. Last week, Mr. de Moraes included Mr. Bolsonaro in a federal investigation of the riot, which he is overseeing, suggesting that the former president inspired the violence.His moves fit into a broader trend of Brazil’s Supreme Court increasing its power — and taking what critics have called a more repressive turn in the process.Many legal and political analysts are now sparring over Mr. de Moraes’s long-term impact. Some argue that his actions are necessary, extraordinary measures in the face of an extraordinary threat. Others say that, acting under the banner of safeguarding democracy, he is instead harming the nation’s balance of power.“We cannot disrespect democracy in order to protect it,” said Irapuã Santana, a lawyer and legal columnist for O Globo, one of Brazil’s biggest newspapers.Understand the Riots in Brazil’s CapitalThousands of rioters supporting Jair Bolsonaro, the far-right former president of Brazil,  stormed the nation’s Congress, Supreme Court and presidential offices on Jan. 8.Anatomy of a Mass Attack: After Mr. Bolsonaro lost the presidential election in October, many believed that the threat of violence from his supporters would recede. Here is what went wrong.The Investigations: Authorities face several major questions as they piece together how rioters briefly seized the seats of Brazil’s government.Digital Playbook: Misinformation researchers are studying how the internet was used ahead of the riots in Brazil. Many are drawing a comparison to the Jan. 6 attack.The Role of the Police: Their early inaction in the riot shows how security forces can help empower violence and deepen the threat to democracy.Mr. Santana voted in October for Luiz Inácio Lula da Silva, the new leftist president, but said he worried that many in Brazil were cheering on Mr. de Moraes without considering the potential consequences. “Today he’s doing it against our enemy. Tomorrow he’s doing it against our friend — or against us,” he said. “It’s a dangerous precedent.”Milly Lacombe, a left-wing commentator, said such concerns missed a bigger danger, evidenced by the riots and a foiled bomb plot to disrupt Mr. Lula’s inauguration. She argued, in her column on the Brazilian news site UOL, that the far right posed grave perils to Brazil’s democracy, which should overshadow concerns about free speech or judicial overreach.“Under the threat of a Nazi-fascist-inspired insurrection, is it worth temporarily suppressing individual freedoms in the name of collective freedom?” she wrote. “I would say yes.”Brazil’s former far-right president, Jair Bolsonaro, center, has long accused Mr. de Moraes of overstepping his authority and had tried to impeach him.Dado Galdieri for The New York TimesThe dispute has illustrated a larger global debate not only on judicial power but also about how to handle misinformation online without silencing dissenting voices..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Twitter’s owner, Elon Musk, weighed in that Mr. de Moraes’s moves were “extremely concerning.” Glenn Greenwald, an American journalist who has lived in Brazil for years and has become a critic of certain social-media rules, debated a Brazilian sociologist this week about Mr. de Moraes’s actions. And Brazilian officials have suggested that they would consider new laws to address what can be said online.Mr. de Moraes has declined requests for an interview for more than a year. The Supreme Court, in a statement, said that Mr. de Moraes’s investigations and many of his orders have been endorsed by the full court and “are absolutely constitutional.”In the hours after the riot, Mr. de Moraes suspended the governor of the district responsible for security for the protest that turned violent and then ordered the arrests of two district security officials. Still, there is little support in the Supreme Court for arresting Mr. Bolsonaro because of a lack of evidence, as well as fears that it would prompt unrest, according to a senior court official who spoke on the condition of anonymity to discuss private conversations.Multiple Supreme Court justices instead prefer to try to convict Mr. Bolsonaro for abusing his power through the country’s election agency, making him ineligible to run for office for eight years, the official said.Mr. Bolsonaro, who has been in Florida since Dec. 30, has long accused Mr. de Moraes of overstepping his authority and has tried to impeach him. Mr. Bolsonaro’s lawyer said he had always respected democracy and repudiated the riots.Mr. de Moraes, 54, spent decades as a public prosecutor, private lawyer and constitutional law professor.He was appointed to the Supreme Court in 2017, a move denounced by the left because he was aligned with center-right parties.Mr. de Moraes with President Luiz Inácio Lula da Silva last month.Andre Borges/EPA, via ShutterstockIn 2019, the Supreme Court’s chief justice issued a one-page order authorizing the court to open its own investigations instead of waiting for law enforcement. For the court — which, unlike the U.S. Supreme Court, handles tens of thousands of cases a year, including certain criminal cases — it was a drastic expansion of authority.The chief justice tapped Mr. de Moraes to run the first inquiry: an investigation into “fake news.” Mr. de Moraes’s first move was to order a magazine to retract an article that had linked the chief justice to a corruption investigation. (He later rescinded the order when the magazine produced evidence.)Mr. de Moraes then shifted his focus to online disinformation, primarily from Mr. Bolsonaro’s supporters. That gave him an outsize role in Brazilian politics that grew further this year when, by chance, his rotation as Brazil’s election chief coincided with the vote.In that job, Mr. de Moraes became Brazilian democracy’s chief guardian — and attack dog. Ahead of the vote, he cut a deal with the military to run additional tests on voting machines. On Election Day, he ordered the federal highway police to explain why officers were stopping buses full of voters. And on election night, he arranged for government leaders to announce the winner jointly, a show of unity against any attempt to hold onto power.In the middle of that group of leaders was Mr. de Moraes himself. He delivered a forceful speech about the value of democracy, drawing chants of “Xandão,” or “Big Alex” in Portuguese. “I hope from the election onward,” he said, “the attacks on the electoral system will finally stop.”They did not. Right-wing protesters demonstrated outside military bases, calling on the military to overturn the vote. In response, Mr. de Moraes ordered tech companies to ban more accounts, according to a senior lawyer at one major tech firm, who spoke on the condition of anonymity out of fear of angering Mr. de Moraes.Supporters of Mr. Bolsonaro protesting in front of army headquarters in São Paulo to call for military intervention after the election in November.Victor Moriyama for The New York TimesAmong the accounts Mr. de Moraes ordered taken down are those of at least five members of Congress, a billionaire businessman and more than a dozen prominent right-wing pundits, including one of Brazil’s most popular podcast hosts.Mr. de Moraes’s orders to remove accounts do not specify why, according to the lawyer and a copy of one order obtained by The New York Times. Visits to banned accounts on Twitter yield a blank page and a blunt message: The “account has been withheld in Brazil in response to a legal demand.” And account owners are simply told they are banned because of a court order and should consider contacting a lawyer.The lawyer said that his tech firm appealed some orders it viewed as overly broad, but that Mr. de Moraes denied them. Appeals to the full bench of judges have also been denied or ignored, this person said.Multiple social networks declined to comment on the record for this article. Mr. de Moraes is a potential threat to their business in Brazil. Last year, he briefly banned Telegram in the country after it did not respond to his orders. There were talks recently among some justices about the need to bring Mr. de Moraes’s investigations to an end, according to the court official, but after the Jan. 8 riot, those talks ceased. The riot has increased support for Mr. de Moraes among his peers, according to the official.Beatriz Rey, a political scientist at the State University of Rio de Janeiro, said Mr. de Moraes’s approach, though not ideal, is necessary because other branches of the government, especially Congress, have skirted their duties.“You shouldn’t have one justice fighting threats to democracy over and over again,” she said. “But the problem is the system itself is malfunctioning right now.”André Spigariol More

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    Será que Alexandre de Moraes é realmente bom para a democracia?

    Alexandre de Moraes, Ministro do Supremo Tribunal Federal, foi crucial para a transição de poder no Brasil. Mas suas táticas agressivas estão provocando um debate: É possível ir longe demais para combater a extrema-direita?Quando a Polícia Rodoviária Federal começou a impedir a passagem de ônibus cheios de eleitores no dia da eleição, ele ordenou que parassem.Quando vozes da direita espalharam a alegação infundada de que a eleição no Brasil foi roubada, ele ordenou que fossem banidas das redes sociais.E quando milhares de manifestantes da direita invadiram as sedes dos três poderes neste mês, ele ordenou que autoridades responsáveis pela segurança fossem presas.Alexandre de Moraes, Ministro do Supremo Tribunal Federal, assumiu o papel de principal defensor da democracia brasileira. Usando uma interpretação ampla dos poderes do Tribunal, Moraes impulsionou investigações e processos, bem como o silenciamento nas redes sociais, de qualquer pessoa considerada por ele uma ameaça às instituições brasileiras.Como resultado, diante dos ataques antidemocráticos do ex-presidente de extrema direita do Brasil, Jair Bolsonaro, e de seus apoiadores, Moraes abriu caminho para a transição de poder. Para muitos da esquerda brasileira, isso fez dele o homem que salvou a jovem democracia brasileira.No entanto, para muitos outros no Brasil, ele a ameaça. A abordagem agressiva e a expansão da autoridade de Moraes fizeram dele uma das pessoas mais poderosas do país, e também o colocaram no centro de um debate complicado no Brasil sobre até que ponto se pode ir para lutar contra a extrema-direita.Danos causados ao Supremo Tribunal Federal por manifestantes da direita. Alexandre de Moraes ordenou a prisão de autoridades responsáveis pela segurança.Victor Moriyama for The New York TimesAlexandre de Moraes já ordenou prisões sem julgamento por ameaças postadas em redes sociais; liderou o voto que sentenciou um deputado federal a quase nove anos de prisão por ameaçar o Tribunal; ordenou busca e apreensão contra empresários com poucas evidências de irregularidades; suspendeu um governador eleito de seu cargo; e bloqueou monocraticamente dezenas de contas e milhares de publicações nas redes sociais, praticamente sem transparência ou espaço para recurso.Na sua caça em nome da justiça após o tumulto deste mês, Moraes se tornou mais audacioso. Suas ordens para banir vozes influentes online se proliferaram, e, agora, ele colocou o homem acusado de atiçar as chamas extremistas do Brasil, Bolsonaro, sob sua mira. Na semana passada, Moraes incluiu o ex-presidente na investigação federal do tumulto, da qual é o relator, sugerindo que o ex-presidente tenha inspirado a violência.Suas ações se encaixam em uma tendência mais ampla da Suprema Corte brasileira de aumentar o próprio poder — tomando o que os críticos chamam de um rumo mais repressivo no processo.Vários juristas e analistas políticos agora discutem que impacto Moraes terá a longo prazo. Alguns argumentam que as suas ações são medidas extraordinárias, mas necessárias diante de uma ameaça extraordinária. Outros dizem que, agindo sob a bandeira da salvaguarda da democracia, Moraes está, em vez disso, prejudicando o equilíbrio de poder no país.“Não podemos desrespeitar a democracia para protegê-la”, disse Irapuã Santana, advogado e colunista jurídico do jornal O Globo, um dos maiores do Brasil.Santana votou em Luiz Inácio Lula da Silva, o novo presidente da esquerda, em outubro, mas disse temer que muitos no Brasil estejam apoiando Moraes sem considerar as possíveis consequências. “Hoje ele está fazendo isso contra o nosso ‘inimigo’. Amanhã ele está fazendo isso contra o nosso amigo — ou contra nós”, disse. “É um precedente perigoso.”Milly Lacombe, uma comentarista da esquerda, disse que tais preocupações ignoram um perigo maior, evidenciado pelos tumultos e um complô frustrado de atentado à bomba para perturbar a posse de Lula. Ela argumentou, em sua coluna no site de notícias UOL, que a extrema direita apresenta graves perigos para a democracia brasileira, o que deve ofuscar as preocupações com liberdade de expressão ou excesso judicial.“Sob ameaça de uma insurreição de inspiração nazi-fascista vale suprimir temporariamente liberdades individuais em nome da liberdade coletiva?” escreveu. “Eu diria que sim.”O ex-presidente de direita, Jair Bolsonaro, há muito tempo acusa Alexandre de Moraes de exceder sua autoridade e tentou um impeachment contra o Ministro.Dado Galdieri for The New York TimesA disputa ilustra um debate global mais amplo, não apenas sobre o poder do Judiciário, mas também sobre como lidar com a desinformação nas redes sem silenciar vozes dissidentes.O proprietário do Twitter, Elon Musk, ponderou que os movimentos de Moraes foram “extremamente preocupantes.” Glenn Greenwald, um jornalista americano que vive no Brasil há anos e crítico de certas regras das redes sociais, participou de um debate nesta semana com um sociólogo brasileiro sobre as ações de Moraes. E as autoridades brasileiras sugeriram que poderiam considerar novas leis para determinar o que pode ser dito nas redes.Alexandre de Moraes tem recusado pedidos de entrevista há mais de um ano. O Supremo Tribunal Federal, em nota, disse que as investigações de Moraes e muitas de suas ordens foram endossadas por toda a Corte e “são absolutamente constitucionais.”Nas horas seguintes ao tumulto em Brasília, Moraes afastou o governador do Distrito Federal, responsável pela segurança do protesto que se tornou violento, e depois ordenou a prisão de dois agentes de segurança do Distrito Federal.Ainda assim, há pouco apoio no Supremo Tribunal Federal para prender Bolsonaro, devido à insuficiência das provas e temores de que uma prisão provocaria novos conflitos. De acordo com um alto funcionário do Supremo Tribunal Federal que falou sob condição de anonimato para discutir conversas privadas, diversos ministros da corte preferem tentar condenar Bolsonaro por abuso de poder no Tribunal Superior Eleitoral, o que o tornaria inelegível por oito anos.Bolsonaro, que está na Flórida desde 30 de dezembro, há muito tempo acusa Moraes de exceder sua autoridade e tentou um impeachment contra o Ministro. O advogado de Bolsonaro disse que ele sempre respeitou a democracia e repudiou os tumultos.Moraes, de 54 anos, tem décadas de atuação como promotor público, advogado e professor de Direito Constitucional.O Ministro foi nomeado para o Supremo Tribunal Federal em 2017, uma medida condenada pela esquerda porque ele estava alinhado com partidos da centro-direita.Alexandre de Moraes com o Presidente Luiz Inácio Lula da Silva no mês passado.Andre Borges/EPA, via ShutterstockEm 2019, o então presidente do Supremo Tribunal Federal emitiu uma portaria de uma página autorizando a Corte a instaurar seus próprios inquéritos ao invés de aguardar outras autoridades. Para o Tribunal — que, ao contrário da Suprema Corte dos Estados Unidos, processa dezenas de milhares de casos por ano, incluindo certos casos criminais — essa foi uma expansão drástica de sua jurisdição.O presidente da Corte designou Moraes para iniciar o primeiro inquérito: uma investigação sobre “fake news”. O primeiro passo de Moraes foi ordenar a uma revista que retirasse do ar uma reportagem que ligava o presidente da Corte a uma investigação sobre corrupção. (Ordem que revogou quando a revista mostrou provas.)Moraes então mudou o foco das investigações para a desinformação nas redes, principalmente vinda dos apoiadores de Jair Bolsonaro, o que deu a ele um enorme papel na política brasileira. Papel que cresceu ainda mais este ano, quando, por acaso, seu revezamento como presidente do Tribunal Superior Eleitoral coincidiu com a eleição.Nessa função, Alexandre de Moraes se tornou o maior guardião — e cão de guarda — da democracia brasileira. Antes da eleição, Moraes fez um acordo com os militares para realizar testes adicionais em urnas eletrônicas. No dia da eleição, ordenou que a Polícia Rodoviária Federal explicasse por que os policiais estavam parando ônibus cheios de eleitores. E, na noite da eleição, Moraes convidou os líderes da República para que anunciassem o vencedor em conjunto, uma demonstração de unidade contra qualquer tentativa de perpetuação no poder.No meio desse grupo de líderes estava o próprio Alexandre de Moraes. O Ministro fez um discurso contundente sobre o valor da democracia, provocando cantos de “Xandão”.“Espero que, a partir dessa eleição”, disse, “finalmente cessem as agressões ao sistema eleitoral.”Elas não cessaram. Manifestantes da direita protestaram em frente aos quartéis, pedindo aos militares que revogassem a eleição. Em resposta, Moraes ordenou que empresas de tecnologia suspendessem mais contas, de acordo com um advogado sênior de uma grande empresa de tecnologia, que falou sob condição de anonimato por medo de irritar o Ministro.Apoiadores de Jair Bolsonaro protestam em frente ao quartel do Exército em São Paulo para pedir intervenção militar após eleições em novembro.Victor Moriyama for The New York TimesEntre as contas que Moraes ordenou que fossem retiradas estão as de pelo menos cinco parlamentares federais, um empresário bilionário e mais de uma dezena de influenciadores da direita, incluindo um dos apresentadores de podcast mais populares do país.As ordens de Moraes para remover contas não especificam o motivo, de acordo com o advogado e uma cópia de uma ordem obtida pelo New York Times. Acessos a contas proibidas no Twitter levam a uma página em branco e uma mensagem contundente: “a conta foi retida no Brasil em resposta a uma exigência legal.” Os donos das contas são simplesmente informados de que estão suspensas devido a uma ordem judicial e que devem considerar entrar em contato com um advogado.O advogado disse que sua empresa de tecnologia entrou com recursos contra ordens que considera excessivamente amplas, mas eles foram negados por Moraes. Os recursos ao Plenário do STF também foram negados ou ignorados, disse.Procuradas pela reportagem, várias redes sociais se recusaram a comentar o assunto publicamente. Moraes é uma potencial ameaça para os seus negócios no Brasil. No ano passado, Moraes baniu brevemente o Telegram no país após a empresa não cumprir suas ordens.Recentemente houve conversas entre alguns ministros do STF sobre a necessidade de pôr fim aos inquéritos de Moraes, de acordo com a fonte do tribunal, mas após o tumulto de 8 de janeiro, esses comentários cessaram. O tumulto aumentou o apoio a Moraes entre seus pares, de acordo com o alto funcionário da Corte.Beatriz Rey, cientista política da Universidade Estadual do Rio de Janeiro, disse que a abordagem de Moraes, embora não ideal, se faz necessária porque outros poderes do governo, especialmente o Legislativo, não cumpriram seu dever.“Você não deveria ter um Ministro combatendo ameaças à democracia repetidas vezes,” disse. “Mas o problema é que o próprio sistema está funcionando mal neste momento.”André Spigariol More