Durbin, Richard J

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    The Polite Disdain of John Roberts Finds a Target

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    Although the three branches of the American government were designed to be coequal, the structure of the Constitution tells us something about the relative power of each branch, as envisioned by the framers.Article I establishes the legislature. Article II establishes the executive branch. And Article III establishes the federal judiciary. It is true that the branches share powers and responsibilities. But it’s also true that the framers trusted Congress — the representative branch — with far more authority than it did the president or the Supreme Court.Congress makes laws. Congress spends money. Congress approves the president’s cabinet and says whether he can appoint a judge or not. Congress structures the judiciary and Congress sets the size of the Supreme Court and the scope of its business.The upshot of all of this is that when Congress calls, the other branches are supposed to answer — not as a courtesy, but as an affirmation of the rules of the American constitutional order. The modern Congress might be weak, and the presidency, against the expectations of the framers, might be the center of American political life, but it’s still newsworthy when a member of the executive branch says he or she won’t meet with the legislature.Chief Justice John Roberts is in a different branch of government, the judiciary. But he — a constitutional officer confirmed to his seat by the Senate — is still subject to the power of Congress to question and investigate his conduct. When Congress calls, he too should answer.Last week, Congress called the chief justice. In the wake of revelations concerning the friendship between Justice Clarence Thomas and Harlan Crow, a billionaire Republican donor, the chairman of the Senate Judiciary Committee, Senator Dick Durbin of Illinois, invited Roberts to testify at an upcoming hearing on Supreme Court ethics rules.“There has been a steady stream of revelations regarding justices falling short of the ethical standards expected of other federal judges and, indeed, of public servants generally,” Durbin wrote in his letter to the chief justice. “These problems were already apparent back in 2011, and the Court’s decade-long failure to address them has contributed to a crisis of public confidence.”“The time has come for a new public conversation on ways to restore confidence in the Court’s ethical standards,” Durbin went on to say. “I invite you to join it, and I look forward to your response.”This week Roberts answered. He said, in a word, no.“I must respectfully decline your invitation,” Roberts wrote. “Testimony before the Senate Judiciary Committee by the chief justice of the United States is exceedingly rare as one might expect in light of separation of powers concerns and the importance of preserving judicial independence.”This deceptively polite reply sounds reasonable for as long as you can manage to forget the fact that it is questions about the ethical conduct of the court and its members that have compromised the independence of the court. Was Thomas influenced by the largess of his billionaire benefactor? Was Justice Samuel Alito influenced by an explicit campaign to curry favor with the conservative justices? Was Justice Neil Gorsuch influenced by the lucrative sale of a Colorado property, in the wake of his confirmation, to the head of a powerful law firm with ample business before the court?It is with real chutzpah, in other words, that Roberts has claimed judicial independence in order to circumvent an investigation into judicial independence.More striking than this evasion is the manner in which Roberts ended his reply. Faced with serious questions about the integrity of the court, he pointed to a nonbinding ethics document that has done almost nothing to prevent these situations from arising in the first place. “In regard to the Court’s approach to ethics matters,” he wrote, “I attached a Statement of Ethics Principles and Practices to which all of the current members of the Supreme Court subscribe.”Roberts did not write an aggressive or confrontational letter. And yet, he is quietly making an aggressive and confrontational claim about his own power and authority and that of the court’s. “Separation of powers,” in Roberts’s view, means the court is outside the system of checks and balances that governs the other branches of government. “Judicial independence,” likewise, means neither he nor any other member of the court has any obligation to speak to Congress about their behavior. The court checks, according to Roberts, but cannot be checked.A number of legal scholars have remarked on the judicial power grab of the past several years, in which courts across the federal judiciary have seized key governing decisions from the legislative and executive branches and disparaged the ability of elected officials to, as Josh Chafetz of Georgetown University Law Center writes, “engage in principled, competent governance.”As one of the architects of this development in American politics, Roberts is essentially using this letter to make plain to Congress the reality of the situation: I will not speak, and you cannot make me. And he’s right, not because Congress doesn’t have the power, but because it doesn’t have the votes. In the absence of a majority of votes, the Senate Judiciary Committee cannot subpoena a justice. In the absence of 218 votes, the House cannot impeach a justice. And in the absence of 67 votes, the Senate cannot remove a justice.There are steps Congress could take to discipline the court — shrinking its budget, reducing the scope of its docket, imposing ethics rules itself, even making it “ride circuit” à la the 19th century — but those require a majority in the House and a supermajority in the Senate because of the filibuster, as well as a consensus among lawmakers (and specifically, Democrats) to follow through if they ever have the chance to do so.It is not especially dramatic, but this exchange with Chief Justice Roberts over the court, its ethics and its responsibility to the public and its representatives has done more than almost anything else in recent memory to illustrate a key reality of American politics in this moment: that our Supreme Court does not exist in the constitutional order as much as it looms over it, a robed tribunal of self-styled philosopher-kings, accountable to no one but themselves.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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      Congress Is Paralyzed on Guns. Here’s Why Chris Murphy Is Still Hopeful.

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      The Democrat from Connecticut, who has spent his decade in the Senate trying and failing to enact gun safety bills, says his party should make the issue the core of its 2022 midterm message.WASHINGTON — It did not take long after the racist gun massacre in Buffalo for a familiar sense of resignation to set in on Capitol Hill about the chance that Congress would be able to muster the will to act on meaningful legislation to combat gun violence in America.In emotional remarks at the scene of the mass shooting on Tuesday, President Biden made no direct call for Congress to take such action. Afterward, he told reporters that he intended to do so, but was frank about his belief that persuading lawmakers to move would be “very difficult.”Around the same time, top Democrats on Capitol Hill were publicly conceding that their paper-thin majority in the Senate meant there was little they would be able to do to prevent the next tragedy.“We’re kind of stuck where we are, for the time being,” said Senator Richard J. Durbin, Democrat of Illinois and the chairman of the Judiciary Committee, playing down the chance that even a modest bill to strengthen background checks for gun purchases could overcome a Republican blockade.Senator Christopher S. Murphy, Democrat of Connecticut, shares his colleagues’ skepticism that any legislation can move. But he is also concerned that Democrats may squander a chance to turn the issue of gun safety into a rallying cry for the midterm elections.For a decade, the issue of gun violence has defined Mr. Murphy’s career; the 2012 massacre at Sandy Hook Elementary School in Newtown, Conn., took place a month after he won his seat.Mr. Murphy spoke to The New York Times from a Senate cloakroom about the chances for legislative action on guns, what Mr. Biden should do and why he thinks Democrats will lose control of Congress if they don’t make combating gun violence the core of their 2022 appeal to voters.The interview has been lightly edited and condensed for clarity.After the Sandy Hook Elementary School shooting, when 20 young children and six adults were killed, did Democrats and President Barack Obama miss the opportunity to pass meaningful gun safety legislation?There was this popular meme in 2013, which said that if the killing of 20 children didn’t result in any action, nothing will. That’s fundamentally the wrong way to look at how Washington works. There are few epiphanies here. It’s all about political power, and political muscle, and we’re in the process of building our own.The National Rifle Association and the gun lobby was ready for us, and for those parents, in 2013. The anti-gun-violence movement was essentially nonexistent, and the N.R.A. was at its peak power.From Opinion: The Buffalo ShootingCommentary from Times Opinion on the massacre at a grocery store in a predominantly Black neighborhood in Buffalo.The Times Editorial Board: The mass shooting in Buffalo was an extreme expression of a political worldview that has become increasingly central to the G.O.P.’s identity.Jamelle Bouie: G.O.P. politicians and conservative media personalities did not create the idea of the “great replacement,” but they have adopted it.Paul Krugman: There is a direct line from Republicans’ embrace of crank economics, to Jan. 6, to Buffalo.Sway: In the latest episode of her podcast, Kara Swisher hosts a discussion on the role of internet platforms like 4chan, Facebook and Twitch in the attack.We needed time to build up a movement that is stronger than the gun lobby.My worry is that a lot of my colleagues still believe in the mythology of 1994, when everyone thought Democrats lost Congress over the assault weapons ban. That’s not true — that’s not why Congress flipped. Ever since then, Democrats are under the illusion that it’s a losing issue for us.It’s one of the most important wedge issues, and if we don’t talk about it, then we’re going to lose.Many are urging Senator Chuck Schumer and Mr. Durbin to bring up a bill to expand background checks. Even if it couldn’t pass, it would force Republicans to defend their opposition to a policy that polls show has broad support. Should they?There are times when show votes help define the parties. I’m not confident this is one of those moments, given the fact that it’s already pretty clear which side Republicans fall on and which side Democrats fall on.My main recommendation is for Democrats to go out and run on this issue, proudly and strongly. My worry is we would have a vote on the Senate floor, but then Democrats would not be willing to go out and talk about that vote in campaigns.The only way we actually change the dynamic on this issue is to make Republicans show we believe this is a winning electoral issue. That’s what we did in 2018. My worry is, we don’t feel the same confidence in this issue as a winning electoral issue in 2022.I don’t know why we don’t learn a lesson from 2018, that when we run strongly on the issue of guns, universal background checks, banning assault weapons, we turn out voters that otherwise would stay home in the midterms. I’ve talked to Senator Schumer about bringing a vote to the Senate floor. I’m not interested in taking a vote on the Senate floor if we don’t talk about it.If legislation can’t pass, what executive actions are you pushing the administration to take?There is still a ton of harmful gray area around the question of who needs to be a licensed gun dealer. There are a lot of folks peddling guns online and at gun shows who are truly in the business of selling guns, and should be required to do background checks. President Obama put out helpful, but not binding, guidance. The administration could put some real meat on the existing statute and define what it means to be in the business of selling guns.Have you pitched that to them?I have. There has been significant interest from the White House in pursuing that line of policy. I don’t know that they have made a commitment or issued any directive to the Justice Department.Do you support eliminating the filibuster in order to pass gun reforms?One hundred percent. The reason we can’t get this done is the rules of the Senate, not because the American people haven’t made a choice.Guns were one of the most important issues for voters in 2018; it ranked second behind health care. When voters came to the polls in 2018 and elected a Democratic majority in the House, it was with the explicit purpose of getting gun legislation passed. The same voters came back and elected a Democratic president. It’s simply the rules of the Senate that stopped the will of the American people from becoming law.Is there anything happening in terms of discussions with Senators Joe Manchin III, Democrat of West Virginia, and Patrick J. Toomey, Republican of Pennsylvania, about trying to revive their bill to tighten background checks?There’s nothing new happening now. Manchin-Toomey doesn’t have 60 votes. I spent much of the last two years trying to find a piece of Manchin-Toomey that could get 60 votes. Ultimately, we couldn’t find a landing place. I’ll continue to try any creative avenue to find an expansion of background checks.Does a weakened National Rifle Association create any opening for Republicans to move off their opposition to gun safety measures?This N.R.A. stamp of approval still really matters to them. Inside a Republican Party that has become bereft of big ideas, they’ve only got one left, which is the destruction of government. Nothing signals that more than the endorsement of the organization that supports people arming themselves against the government. In this era of anti-government fervor, it’s more important than ever.Eventually, we have to figure out a way for Republicans to show how much they hate government other than the N.R.A. endorsement. Maybe I should be rooting for the Club for Growth to be a more effective voice within the Republican Party.Can guns really be a winning issue for Democrats in a year when Republicans are attacking your party over inflation, rising gas prices and not meeting the basic needs of American families?I think voters are emotionally moved by the slaughter of innocents. And I think they find it a little weird when Democrats who claim to care about this don’t actually talk about it.We live in an era where authenticity is the coin of the realm. You just have to show voters who you are. I don’t think there’s any more potent means by which to translate who you are, and what you care about, than this issue. I think when you leave this out when you list your priorities as a candidate, it causes voters to scratch their heads a bit.What grade would you give the Biden administration on this issue?The administration could have moved faster on executive actions and the appointment of a new A.T.F. director. I want them to keep going. There’s still more regulatory and executive action that this administration can take and more things the team can do to use the bully pulpit to make sure this is an election issue.Would you give the administration a grade?No.A number of gun violence prevention organizations have called on Mr. Biden to open a White House Office of Gun Violence Prevention. Do you think that would make a difference?I do. It’s become clear to me we need a specific, driving focus on gun violence. The president is clearly personally committed to this issue, but he’s stretched thin due to myriad international and domestic crises. He would be best served by a high-level senior official who wakes up every day and coordinates the issue.After another mass shooting like the one in Buffalo, do you find yourself becoming resigned to the idea that nothing can be done on gun violence?I’ve studied enough great social change movements to know they often take decades to succeed. It was a full 10 years from the shooting of James Brady to the passage of the Brady handgun bill. I think I am part of one of these great social change movements, and I’m confident that you have to put up with a lot of failures before you’re met with success.I also don’t think democracy can allow for 80 percent of the American people to not get their way, forever. Eventually we will be able to break through. We just have not been able to find that pathway yet.This is an exhausting issue to work on, but I have this very deep sense that I will see my time in public service as a failure if I don’t meet the expectations of those parents in Sandy Hook, and Hartford and Bridgeport. And fear is a powerful motivator. More

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      After Success in Seating Federal Judges, Biden Hits Resistance

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      Senate Democrats vow to keep pressing forward with nominees, but they may face obstacles in states represented by Republicans.WASHINGTON — After early success in nominating and confirming federal judges, President Biden and Senate Democrats have begun to encounter stiffer Republican resistance to their efforts to reshape the courts.Tennessee Republicans have raised objections to Mr. Biden’s pick for an influential appeals court there — the administration’s first judicial nominee from a state represented by two Republican senators — and a circuit court candidate is likely to need every Democratic vote to win confirmation in a coming floor showdown.The obstacles threaten to slow or halt a little-noticed winning streak for the Biden administration on Capitol Hill, where the White House has set a rapid pace in filling vacancies on the federal bench, even surpassing the rate of the Trump era, when Republicans were focused almost single-mindedly on confirming judges.In contrast to the administration’s struggle on its legislative agenda, the lower-profile judicial push has been one of the highlights of the first year of the Biden presidency. Democrats say they intend to aggressively press forward to counter the Trump judicial juggernaut of the previous four years, and they may have limited time to do so, given the possibility of losing control of the Senate in next year’s midterm elections.“We are taking this seriously,” said Senator Richard J. Durbin, Democrat of Illinois and the Judiciary Committee chairman, who plans to advance nominees through the end of the year and beyond. “We are going to move everything we can legally move.”Mr. Biden, a former Judiciary Committee chairman with deep expertise on the confirmation process, has sent the Senate 64 judicial nominations, including 16 appeals court picks and 46 district court nominees. That is the most at this point of any recent presidential term dating to Ronald Reagan. Twenty-eight nominees have been confirmed — nine appeals court judges and 19 district court judges.By comparison, Mr. Trump had sent the Senate 57 judicial nominees, 13 of whom were confirmed, by mid-November 2017. At the end of four years, Mr. Trump had won confirmation of three Supreme Court justices, 54 appeals court judges and 174 district court judges.Mr. Biden’s nominees are extraordinarily diverse in both legal background and ethnicity. The White House and liberal interest groups have been promoting public defenders and civil rights lawyers in addition to the more traditional choices of prosecutors and corporate lawyers. According to the White House, 47 of the 64 nominees are women and 41 of them identify as people of color, allowing the administration to record many firsts across the judiciary.“The diversity is really greater than anyone could have hoped for,” said Russ Feingold, a former senator and the head of the American Constitution Society, a progressive group that has been active in recommending nominees to the White House. “People are ecstatic.”The vast majority of the Biden nominees so far have been put forward for appeals and district court seats in states represented by two Democratic senators, in close consultation with those lawmakers, smoothing the way to confirmation. They are replacing mainly judges appointed by Democratic presidents.“He is picking the low-hanging fruit,” said Russell Wheeler, a visiting fellow in governance studies at the Brookings Institution and a longtime expert in tracking judicial nominations.According to figures from Mr. Wheeler and the White House, 15 of Mr. Biden’s 16 appeals court nominees were for vacancies in the District of Columbia or in states represented by two Democratic senators. Forty-three of the 46 district court nominees were for seats in states represented by two Democrats or the District of Columbia. Three others were in Ohio, which is represented by a senator from each party, and received the support of the Republican, Senator Rob Portman.But Mr. Biden will need to venture into more challenging territory if he wants to sustain his drive by producing nominees in states represented by Republicans. Most Republicans are likely to be tough sells when it comes to their home turf.After the White House on Nov. 17 nominated Andre B. Mathis, a Memphis lawyer, to the U.S. Court of Appeals for the Sixth Circuit, Tennessee’s two Republican senators, Marsha Blackburn and Bill Hagerty, complained that the administration had not “substantively” consulted with them on the selection. One person familiar with the process said that the two had backed an experienced Black judge with Democratic ties for the opening but that the person was passed over for Mr. Mathis, who is also Black.“We attempted to work in good faith with the White House in identifying qualified candidates for this position, but ultimately the White House simply informed us of its choice,” the senators said in a statement.In nominating Mr. Mathis, the White House noted he would be the first Black man from Tennessee to sit on the Sixth Circuit and the first Black nominee for the court in 24 years. Administration officials said his combination of civil and criminal experience was a plus.“We were grateful to discuss potential candidates from the Sixth Circuit with both Tennessee senators’ offices starting several months ago, and we are enthusiastic about Andre Mathis’s historic nomination,” said Andrew Bates, a White House spokesman.In the past, senators’ opposition to a judicial nominee from their state would be enough to derail the confirmation. Under an arcane Judiciary Committee practice, the two senators would either return what is known as a “blue slip” — a piece of paper signifying that they had been consulted about the nomination, in line with the Constitution’s requirement for the president to seek the Senate’s “advice and consent” — or withhold it, effectively blocking the selection.But Republicans ended that tradition during the Trump era and Democrats are unlikely to restore it, freeing the White House to go its own way if it chooses, though administration officials say they intend to confer in good faith with Republican senators.While Republicans can slow the process and try to put up other roadblocks, changes in Senate rules mean that Democrats can advance and confirm judges with a simple majority vote. But doing so requires Democrats, who control the 50-50 Senate through Vice President Kamala Harris’s tiebreaking power, to hold together and be willing to devote floor time to a nominee.Democrats summoned Ms. Harris last month to break a tie to allow another nominee, Jennifer Sung, to clear the Judiciary Committee after the panel deadlocked on her nomination to the U.S. Court of Appeals for the Ninth Circuit. Republicans criticized Ms. Sung over a blistering letter she signed in 2018 opposing the nomination of Brett M. Kavanaugh to the Supreme Court.The letter from Yale Law School students, alumni and educators called Justice Kavanaugh an “intellectually and morally bankrupt ideologue intent on rolling back our rights and the rights of our clients.” Ms. Sung apologized for the letter during her confirmation hearing in September and conceded it was overheated. Republicans still unanimously opposed her nomination, making her the first Biden nominee to require a floor vote.Republicans have objected to many of the president’s judicial picks, calling them too liberal and insufficiently grounded in the Constitution. But most of the nominees have drawn at least a smattering of Republican support for confirmation — though in the past, judicial candidates often did not require roll call votes at all.Republicans have offered Mr. Biden and Democrats grudging praise for their efforts, comparing it favorably with the sluggish pace of the Democratic-held Senate in confirming judges selected by the Obama administration when Mr. Biden was vice president.“Obviously, we made a priority of it and I think Democrats realize they missed an opportunity during the Obama administration,” said Senator John Cornyn of Texas, a senior Republican member of the Judiciary Committee.One reason for the shift is that Democrats are well aware they may have a limited window.Their control of the Senate is at real risk next year, and a Republican takeover would drastically impede Mr. Biden’s ability to install judges over the final two years of his term. Senator Mitch McConnell, Republican of Kentucky and now the minority leader, showed how that could work beginning in 2015, when Republicans gained the majority and slow-walked Obama administration nominees, refusing even a hearing for a Supreme Court pick.“They realize they might not be filling any vacancies come January 2023,” Mr. Wheeler said. More

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      Meadows Pressed Justice Dept. to Investigate Election Fraud Claims

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      Emails show the increasingly urgent efforts by President Trump and his allies during his last days in office to find some way to undermine, or even nullify, the election results.WASHINGTON — In Donald J. Trump’s final weeks in office, Mark Meadows, his chief of staff, repeatedly pushed the Justice Department to investigate unfounded conspiracy theories about the 2020 presidential election, according to newly uncovered emails provided to Congress, portions of which were reviewed by The New York Times.In five emails sent during the last week of December and early January, Mr. Meadows asked Jeffrey A. Rosen, then the acting attorney general, to examine debunked claims of election fraud in New Mexico and an array of baseless conspiracies that held that Mr. Trump had been the actual victor. That included a fantastical theory that people in Italy had used military technology and satellites to remotely tamper with voting machines in the United States and switch votes for Mr. Trump to votes for Joseph R. Biden Jr.None of the emails show Mr. Rosen agreeing to open the investigations suggested by Mr. Meadows, and former officials and people close to him said that he did not do so. An email to another Justice Department official indicated that Mr. Rosen had refused to broker a meeting between the F.B.I. and a man who had posted videos online promoting the Italy conspiracy theory, known as Italygate.But the communications between Mr. Meadows and Mr. Rosen, which have not previously been reported, show the increasingly urgent efforts by Mr. Trump and his allies during his last days in office to find some way to undermine, or even nullify, the election results while he still had control of the government.Mr. Trump chose Mr. Meadows, an ultraconservative congressman from North Carolina, to serve as his fourth and final chief of staff last March. A founder of the hard-right Freedom Caucus, Mr. Meadows was among Mr. Trump’s most loyal and vocal defenders on Capitol Hill, and had been a fierce critic of the Russia investigation.Mr. Meadows’s involvement in the former president’s attack on the election results was broadly known at the time.In the days before Christmas, as Mr. Trump pressed the lead investigator for Georgia’s secretary of state to find “dishonesty,” Mr. Meadows made a surprise visit to Cobb County, Ga., to view an election audit in process. Local officials called it a stunt that “smelled of desperation,” as investigations had not found evidence of widespread fraud.Mr. Meadows also joined the phone call that Mr. Trump made on Jan. 2 to Brad Raffensperger, Georgia’s Republican secretary of state, in which Mr. Trump repeatedly urged the state’s top elections official to alter the outcome of the presidential vote.Yet the newly unearthed messages show how Mr. Meadows’s private efforts veered into the realm of the outlandish, and sought official validation for misinformation that was circulating rampantly among Mr. Trump’s supporters. Italygate was among several unfounded conspiracy theories surrounding the 2020 elections that caught fire on the internet before the Jan. 6 assault on the Capitol by a pro-Trump mob. Those theories fueled the belief among many of the rioters, stoked by Mr. Trump, that the election had been stolen from him and have prompted several Republican-led states to pass or propose new barriers to voting.The emails were discovered this year as part of a Senate Judiciary Committee investigation into whether Justice Department officials were involved in efforts to reverse Mr. Trump’s election loss.“This new evidence underscores the depths of the White House’s efforts to co-opt the department and influence the electoral vote certification,” Senator Richard J. Durbin, Democrat of Illinois and the chairman of the committee, said in a statement. “I will demand all evidence of Trump’s efforts to weaponize the Justice Department in his election subversion scheme.”A spokesman for Mr. Meadows declined to comment, as did the Justice Department. Mr. Rosen did not respond to a request for comment.The requests by Mr. Meadows reflect Mr. Trump’s belief that he could use the Justice Department to advance his personal agenda.On Dec. 15, the day after it was announced that Mr. Rosen would serve as acting attorney general, Mr. Trump summoned him to the Oval Office to push the Justice Department to support lawsuits that sought to overturn his election loss. Mr. Trump also urged Mr. Rosen to appoint a special counsel to investigate Dominion Voting Systems, an election technology company.During the weeks leading up to the Jan. 6 attack, Mr. Trump continued to push Mr. Rosen to do more to help him undermine the election and even considered replacing him as acting attorney general with a Justice Department official who seemed more amenable to using the department to violate the Constitution and change the election result.None of the emails show Jeffrey Rosen, then the acting attorney general, agreeing to open investigations suggested by Mr. Meadows, and former officials and people close to him said that he did not do so.Ting Shen for The New York TimesThroughout those weeks, Mr. Rosen privately told Mr. Trump that he would prefer not to take those actions, reiterating a public statement made by his predecessor, William P. Barr, that the Justice Department had “not seen fraud on a scale that could have effected a different outcome in the election.”Mr. Meadows’s outreach to Mr. Rosen was audacious in part because it violated longstanding guidelines that essentially forbid almost all White House personnel, including the chief of staff, from contacting the Justice Department about investigations or other enforcement actions.“The Justice Department’s enforcement mechanisms should not be used for political purpose or for the personal benefit of the president. That’s the key idea that gave rise to these policies,” said W. Neil Eggleston, who served as President Barack Obama’s White House counsel. “If the White House is involved in an investigation, there is at least a sense that there is a political angle to it.”Nevertheless, Mr. Meadows emailed Mr. Rosen multiple times in the end of December and on New Year’s Day.On Jan. 1, Mr. Meadows wrote that he wanted the Justice Department to open an investigation into a discredited theory, pushed by the Trump campaign, that anomalies with signature matches in Georgia’s Fulton County had been widespread enough to change the results in Mr. Trump’s favor.Mr. Meadows had previously forwarded Mr. Rosen an email about possible fraud in Georgia that had been written by Cleta Mitchell, a lawyer who worked with the Trump campaign. Two days after that email was sent to Mr. Rosen, Ms. Mitchell participated in the Jan. 2 phone call, during which she and Mr. Trump pushed Mr. Raffensperger to reconsider his findings that there had not been widespread voter fraud and that Mr. Biden had won. During the call, Mr. Trump asked Mr. Raffensperger to “find” him the votes necessary to declare victory in Georgia.Mr. Meadows also sent Mr. Rosen a list of allegations of possible election wrongdoing in New Mexico, a state that Mr. Trump’s personal lawyer Rudolph W. Giuliani had said in November was rife with fraud. A spokesman for New Mexico’s secretary of state said at the time that its elections were secure. To confirm the accuracy of the vote, auditors in the state hand-counted random precincts.And in his request that the Justice Department investigate the Italy conspiracy theory, Mr. Meadows sent Mr. Rosen a YouTube link to a video of Brad Johnson, a former C.I.A. employee who had been pushing the theory in videos and statements that he posted online. After receiving the video, Mr. Rosen said in an email to another Justice Department official that he had been asked to set up a meeting between Mr. Johnson and the F.B.I., had refused, and had then been asked to reconsider.The Senate Judiciary Committee is one of three entities looking into aspects of the White House’s efforts to overturn the election in the waning days of the Trump administration. The House Oversight Committee and the Justice Department’s inspector general are doing so as well.Mr. Rosen is in talks with the oversight panel about speaking with investigators about any pressure the Justice Department faced to investigate election fraud, as well as the department’s response to the Jan. 6 attack, according to people familiar with the investigation.He is also negotiating with the Justice Department about what he can disclose to Congress and to the inspector general given his obligation to protect the department’s interests and not interfere with current investigations, according to a person familiar with the discussions. Mr. Rosen said last month during a hearing before the oversight committee that he could not answer several questions because the department did not permit him to discuss issues covered by executive privilege.Mr. Durbin opened his inquiry in response to a Times article documenting how Jeffrey Clark, a top Justice Department official who had found favor with Mr. Trump, had pushed the Justice Department to investigate unfounded election fraud claims. The effort almost ended in Mr. Rosen’s ouster.Last month, Mr. Durbin asked the National Archives for any communications involving White House officials, and between the White House and any person at the Justice Department, concerning efforts to subvert the election, according to a letter obtained by The Times. He also asked for records related to meetings between White House and department employees.The National Archives stores correspondence and documents generated by past administrations. More