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      Much of Smartmatic Case Against Fox News Can Proceed, Judge Rules

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      The $2.7 billion defamation lawsuit against Fox News by the election technology company Smartmatic can move forward, a New York judge ruled on Tuesday. But the judge tossed out Smartmatic’s defamation claims against the Fox News host Jeanine Pirro and a network guest, Sidney Powell.Smartmatic sued Rupert Murdoch’s cable news networks last year, along with several Fox hosts and guests. The lawsuit accused them of damaging the company by promoting a false narrative about the 2020 election: that Smartmatic and other voting systems companies tried to rig the race against President Donald J. Trump. Smartmatic later expanded its legal battle against disinformation to the right-wing media outlets Newsmax and One America News Network.On Tuesday, Justice David B. Cohen of State Supreme Court in Manhattan said in a 61-page ruling that, “at a minimum, Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth.”He added, “At this nascent stage of the litigation, this court finds that plaintiffs have pleaded facts sufficient to allow a jury to infer that Fox News acted with actual malice.”He also declined to dismiss Smartmatic claims against Maria Bartiromo, the Fox Business star, and Lou Dobbs, whose Fox Business show was a frequent clearinghouse for baseless theories of electoral fraud in the weeks after Mr. Trump’s defeat. Fox canceled Mr. Dobbs’s program last year, one day after Smartmatic sued.Citing a legal technicality, Justice Cohen dismissed most of Smartmatic’s defamation claims against Rudolph W. Giuliani, who, appearing on Fox News as a legal representative for Mr. Trump, said the technology company had “tried-and-true methods for fixing elections,” among other false assertions. Even so, Justice Cohen said there was “substantial” evidence that Mr. Giuliani “acted with actual malice insofar as he evinced a reckless disregard for the truth” and ruled that Smartmatic could try again. The judge allowed another part of Smartmatic’s defamation case against Mr. Giuliani to go forward.Fox News vowed a swift appeal.“While we are gratified that Judge Cohen dismissed Smartmatic’s claims against Jeanine Pirro at this early stage, we still plan to appeal the ruling immediately,” the network said in a statement. The network added that it would “continue to litigate these baseless claims by filing a counterclaim for fees and costs” under New York’s anti-SLAPP (strategic lawsuit against public participation) statute, which is meant to quickly set aside lawsuits that may be intended to chill free speech.Fox News said it would do so “to prevent the full-blown assault on the First Amendment which stands in stark contrast to the highest tradition of American journalism.”In dismissing the claim against Ms. Pirro, Justice Cohen said that while she had asserted on her show that Democrats “stole votes,” she had not specifically blamed Smartmatic’s software.A spokesman for Smartmatic did not reply to a request for comment.Fox News is also battling a related $1.6 billion defamation lawsuit from Dominion Voting Systems, which has accused the channel of advancing lies that devastated its reputation and business. A Delaware judge rejected an attempt by Fox News to dismiss Dominion’s lawsuit in December. More

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      Eastern Europe Tests New Forms of Media Censorship

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      With new, less repressive tactics, countries like Serbia, Poland and Hungary are deploying highly effective tools to skew public opinion.BELGRADE, Serbia — When Covid-19 reached Eastern Europe in the spring of 2020, a Serbian journalist reported a severe shortage of masks and other protective equipment. She was swiftly arrested, thrown in a windowless cell and charged with inciting panic.The journalist, Ana Lalic, was quickly released and even got a public apology from the government in what seemed like a small victory against old-style repression by Serbia’s authoritarian president, Aleksandar Vucic.But Ms. Lalic was then vilified for weeks as a traitor by much of the country’s news media, which has come increasingly under the control of Mr. Vucic and his allies as Serbia adopts tactics favored by Hungary and other states now in retreat from democracy across Europe’s formerly communist eastern fringe.“For the whole nation, I became a public enemy,” she recalled.Serbia no longer jails or kills critical journalists, as happened under the rule of Slobodan Milosevic in the 1990s. It now seeks to destroy their credibility and ensure few people see their reports.The muting of critical voices has greatly helped Mr. Vucic — and also the country’s most well-known athlete, the tennis star Novak Djokovic, whose visa travails in Australia have been portrayed as an intolerable affront to the Serb nation. The few remaining outlets of the independent news media mostly support him but take a more balanced approach.Ana Lalic, a Serbian journalist, last month in Belgrade. She was arrested in 2020 after reporting on a severe shortage of masks and other protective equipment that could be used against the coronavirus.Marko Risovic for The New York TimesAcross the region, from Poland in the north to Serbia in the south, Eastern Europe has become a fertile ground for new forms of censorship that mostly eschew brute force but deploy gentler yet effective tools to constrict access to critical voices and tilt public opinion — and therefore elections — in favor of those in power.Television has become so biased in support of Mr. Vucic, according to Zoran Gavrilovic, the executive director of Birodi, an independent monitoring group, that Serbia has “become a big sociological experiment to see just how far media determines opinion and elections.”Serbia and Hungary — countries in the vanguard of what V-Dem Institute, a Swedish research group, described last year as a “global wave of autocratization” — both hold general elections in April, votes that will test whether media control works.A recent Birodi survey of news reports on Serbian television found that over a three-month period from September, Mr. Vucic was given more than 44 hours of coverage, 87 percent of it positive, compared with three hours for the main opposition party, 83 percent of which was negative.A billboard depicting President Aleksandar Vucic of Serbia was displayed on a building in Nis in December, ahead of his visit to the city.Sasa Djordjevic/Agence France-Presse — Getty ImagesNearly all of the negative coverage of Mr. Vucic appeared on N1, an independent news channel that broadcast Ms. Lalic’s Covid-19 reports. But a bitter war for market share is playing out between the cable provider that hosts N1 — Serbian Broadband, or SBB — and the state-controlled telecommunications company, Telekom Srbija.Telekom Srbija recently made a move that many saw as an unfair effort to make SBB less attractive to consumers when it snagged from SBB the rights to broadcast English soccer by offering to pay 700 percent more for them.Telekom Srbija’s offer, nearly $700 million for six seasons, is an astronomical amount for a country with only seven million people — and nearly four times what a media company in Russia, a far bigger market, has agreed to pay the Premier League each season for broadcast rights.“It is very difficult to compete if you have a competitor that does not really care about profit,” SBB’s chief executive, Milija Zekovic, said in an interview. The offices of the N1 cable news channel in Belgrade. N1 and a smaller station, Nova S, are the only TV outlets in Serbia that give regular airtime to opposition politicians.Marko Risovic for The New York TimesTelekom Srbija declined to make its executives available for comment, but in public statements, the company has described its investments in English soccer and elsewhere as driven by commercial concerns, not politics.“Their goal is to kill SBB,” Dragan Solak, the chairman of SBB’s parent company, United Group, said in an interview in London. “In the Balkans,” he added, “you do not want to be a bleeding shark.”Eager to stay in the game, Mr. Solak announced this month that a private investment company he controls had bought Southampton FC, an English Premier League soccer team. Broadcast rights for the league will stay with his state-controlled rival, but part of the huge sum it agreed to pay for them will now pass to Mr. Solak.Government loyalists run Serbia’s five main free-to-air television channels, including the supposedly neutral public broadcaster, RTS. The only television outlets in Serbia that give airtime to the opposition and avoid hagiographic coverage of Mr. Vucic are Mr. Solak’s cable news channel N1, which is affiliated with CNN, and his TV Nova.Without them, Mr. Solak said, Serbia “will be heading into the dark ages like North Korea.”Telekom Srbija recently snagged from SBB the rights to broadcast English soccer by offering to pay 700 percent more than what SBB had previously paid.Marko Risovic for The New York TimesSpace for critical media has been shrinking across the region, with V-Dem Institute, the Swedish research group, now ranking Serbia, Poland and Hungary among its “top 10 autocratizing countries,” citing “assaults on the judiciary and restrictions on the media and civil society.” Freedom House now classifies Serbia as “partly free.”In each country, security forces — the primary tools for muzzling critical voices during the communist era — have been replaced in this role by state-controlled and state-dependent companies that exert often irresistible pressure on the news media.Poland’s governing party, Law and Justice, has turned the country’s public broadcaster, TVP, into a propaganda bullhorn, while a state-run oil company has taken over a string of regional newspapers, though some national print outlets still regularly assail the government.In December, Law and Justice pushed through legislation that would have squeezed out the only independent television news channel, the American-owned TVN24, but the Polish president, worried about alienating Washington, vetoed the bill.Hungary has gone further, gathering hundreds of news outlets into a holding company controlled by allies of Prime Minister Viktor Orban. Only one television station with national reach is critical of Mr. Orban and financially independent from his government.Mr. Orban’s previously divided political rivals have formed a united front to fight elections in April but have been unsuccessful in shaking his stranglehold on the news media.“It is very difficult to compete if you have a competitor that does not really care about profit,” said Milija Zekovic, the chief executive of SBB.Marko Risovic for The New York TimesIn Serbia, the media space for critical voices has shrunk so far, said Zoran Sekulic, the founder and editor of FoNet, an independent news agency, that “the level of control, direct and indirect, is like in the 1990s” under Mr. Milosevic, whom Mr. Vucic served as information minister.Journalists, Mr. Sekulic added, do not get killed anymore, but the system of control endures, only “upgraded and improved” to ensure fawning coverage without brute force.When United Group started a relatively opposition-friendly newspaper last year, it could not find a printer in Serbia willing to touch it. The newspaper is printed in neighboring Croatia and sent into Serbia.Dragan Djilas, the leader of Serbia’s main opposition party and formerly a media executive, complained that while Mr. Vucic could talk for hours without interruption on Serbia’s main television channels, opposition politicians appeared mostly only as targets for attack. “I am like an actor in a silent movie,” he said.N1, the only channel that sometimes lets him talk, is widely watched in Belgrade, the capital, but is blocked in many towns and cities where mayors are members of Mr. Vucic’s party. Even in Belgrade, the cable company that hosts the channel has faced trouble entering new housing projects built by property developers with close ties to the government. A huge new housing area under construction for security officials near Belgrade, for example, has refused to install SBB’s cable, the company said.Viewers of pro-government channels “live in a parallel universe,” said Zeljko Bodrozic, the president of the Independent Journalists Association of Serbia. Channels like TV Pink, the most popular national station, which features sexually explicit reality shows and long statements by Mr. Vucic, he said, “don’t just indoctrinate, but make people stupid.”A new housing area under construction for security officials near Belgrade has refused to install SBB’s cable, the company said.Marko Risovic for The New York TimesThe European Union and the United States have repeatedly rebuked Mr. Vucic over the lack of media pluralism, but, eager to keep Serbia from embracing Russia or stoking unrest in neighboring Bosnia, have not pushed hard.This has given Mr. Vucic a largely free hand to expand the media control that Rasa Nedeljkov, the program director in Belgrade for the Center for Research, Transparency and Accountability, described as “the skeleton of his whole system.” In some ways, he added, Serbia’s space for critical media is now smaller than it was under Mr. Milosevic, who “didn’t really care about having total control” and left various regional outlets untouched.“Vucic is now learning from this mistake by Milosevic,” Mr. Nedeljkov said. Mr. Vucic and his allies, Mr. Nedeljkov added, “are not tolerating anything that is different.”Belgrade this month.Marko Risovic for The New York TimesOnce powerful independent voices have gradually been co-opted. The radio station B92, which regularly criticized Mr. Milosevic during the Balkan Wars of the 1990s, for example, is now owned by a supporter of Mr. Vucic and mostly parrots the government line.Journalists and others who upset Mr. Vucic face venomous attacks by tabloid newspapers loyal to the authorities. Mr. Solak, the United Group chairman, for example, has been denounced as “Serbia’s biggest scammer,” a crook gnawing at the country “like scabies” and a traitor working for Serbia’s foreign foes.Mr. Solak, who lives outside Serbia because of safety concerns, said he had become such a regular target for abuse that when he does not get attacked, “my friends call me and ask: What happened? Are you OK?” More

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      How Ashley Biden’s Diary Made Its Way to Project Veritas

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      New details shed light on the federal investigation into the conservative group’s acquisition last year of a journal kept by the president’s daughter.In the final two months of the 2020 campaign, President Donald J. Trump, his grip on power slipping because of his handling of the pandemic, desperately tried to change the narrative by attacking the business dealings of Joseph R. Biden Jr.’s son Hunter, invoking his name publicly over 100 times.At the same time, another effort was underway in secret to try to expose the contents of a diary kept the previous year by Mr. Biden’s daughter, Ashley Biden, as she underwent treatment for addiction.Now, more than a year later, the Justice Department is deep into an investigation of how the diary found its way into the hands of supporters of Mr. Trump at the height of the campaign.Federal prosecutors and F.B.I. agents are investigating whether there was a criminal conspiracy among a handful of individuals to steal and publish the diary. Those being scrutinized include current and former operatives for the conservative group Project Veritas; a donor Mr. Trump appointed to a political position in the final days of his administration; a man who once pleaded guilty in a money laundering scheme; and a financially struggling mother of two, according to people familiar with federal grand jury subpoenas and a search warrant who spoke on the condition of anonymity to discuss an ongoing investigation.Extensive interviews with people involved in or briefed on the investigation and a review of court filings, police records and other material help flesh out elements of a tale that is testing the line between investigative journalism and political dirty tricks.The investigation has focused new attention on how Mr. Trump or his allies sought to use the troubles of Mr. Biden’s two surviving children to undercut him.The inquiry has also intensified the scrutiny of Project Veritas. Its founder, James O’Keefe, was pulled from his apartment in his underwear and handcuffed during a dawn raid last month by the F.B.I., two days after a pair of his former employees had their homes raided.The group — which purchased the diary but ultimately did not publish it and denies any wrongdoing — has assailed the investigation. And it has been making a case in court and to Congress that, despite its use of undercover stings and other deceptive tactics, it is practicing a form of journalism that deserves the same legal and constitutional protections afforded news organizations.Asked a list of specific questions related to the investigation, a lawyer for Project Veritas, Paul A. Calli, responded with a statement from Mr. O’Keefe criticizing The New York Times.Roberta Kaplan, a lawyer for Ms. Biden, declined to comment.The episode has its roots in the spring of 2020, as Ms. Biden’s father was closing in on the Democratic presidential nomination. Ms. Biden, who has kept a low profile throughout her father’s vice presidency and presidency, had left a job the year before working for a criminal justice group in Delaware.She was living in Delray Beach, Fla., a small city between Miami and West Palm Beach, with a friend who had rented a two-bedroom house lined with palm trees with a large swimming pool and wraparound driveway, according to people familiar with the events. Ms. Biden, who had little public role in her father’s campaign, had earlier been in rehab in Florida in 2019, and the friend’s house provided a haven where she could avoid the media and the glare of the campaign.But in June, with the campaign ramping up, she headed to the Philadelphia area, planning to return to the Delray home in the fall before the lease expired in November. She decided to leave some of her belongings behind, including a duffel bag and another bag, people familiar with the events said.Weeks after Ms. Biden headed to the Northeast, the friend who had been hosting Ms. Biden in the house allowed an ex-girlfriend named Aimee Harris and her two children to move in. Ms. Harris was in a contentious custody dispute and was struggling financially, according to Palm Beach County court records. At one point in February 2020, she had faced eviction while living at a rental property in nearby Jupiter.Shortly after moving into the Delray home, Ms. Harris — whose social media postings and conversations with friends suggested that she was a fan of Mr. Trump — learned that Ms. Biden had stayed there previously and that some of her things were still there, according to two people familiar with the matter.September 2020: Project Veritas Obtains the DiaryExactly what happened next remains the subject of the federal investigation. But by September, the diary had been acquired from Ms. Harris and a friend by Project Veritas, whose operations against liberal groups and traditional news organizations had helped make it a favorite of Mr. Trump.In a court filing, Project Veritas told a federal judge that around Sept. 3, 2020, someone the group described as “a tipster” called Project Veritas and left a voice message. The caller said “a new occupant moved into a place where Ashley Biden had previously been staying and found Ms. Biden’s diary and other personal items.”The “diary is pretty crazy,” the tipster said on the voice mail, according to a Project Veritas court filing. “I think it’s worth taking a look at.”In a statement after the investigation became public, Mr. O’Keefe said: “Project Veritas gave the diary to law enforcement to ensure it could be returned to its rightful owner.” The lawyer who took Ms. Biden’s belongings to the police in Florida described them as “crap” and that he was “fine” with officers throwing the bags away.Cooper Neill for The New York TimesIn a recent letter to Congress, a lawyer for Project Veritas said it had been told the items had been abandoned in a room where Ms. Biden had stayed.Project Veritas has acknowledged buying the diary, through an unnamed proxy, from two people it identified in court filing as “A.H.” and “R.K.,” but said it was told they had acquired the diary lawfully.People involved in the case have identified “A.H.” as Ms. Harris and “R.K.” as Robert Kurlander. Mr. Kurlander, a self-described venture capitalist, is a longtime friend and former housemate of Ms. Harris. In October 2020, days before the election, Mr. Kurlander said on Twitter: “Where are Biden’s two kids?” adding, “Ashley and Hunter are disasters. Reflection of the parents.”In 1994, Mr. Kurlander pleaded guilty in federal court in Florida to a conspiracy count in a drug-related money laundering scheme that also led to a guilty plea from David Witter, the grandson of the founder of the investment firm Dean Witter. Mr. Kurlander was sentenced to 40 months in prison.Ms. Harris “is fully cooperating with the investigation and will remain responsive to the government’s requests for evidence and for her version of events,” her lawyer, Guy Fronstin, said in an email. “When the facts emerge it will be clear that my client has information relative to the investigation but no culpability.”Outside his house last month near a golf course in Jupiter, Fla., Mr. Kurlander declined to comment, but a woman with him acknowledged they had been dealing with the matter and wanted to avoid public attention. She provided the name of their lawyer, who declined to comment.A Possible Link to Trump SupportersMr. Kurlander also provides a potential link to the possible role of a number of Trump supporters. Among those whose conduct is being scrutinized in the investigation is a woman with ties to Mr. Trump, Elizabeth Fago, a Florida businesswoman and Trump donor who was nominated by Mr. Trump in December 2020 to the National Cancer Advisory Board.Ms. Fago appears to know Mr. Kurlander. A picture on social media shows them dining together in July 2020. Investigators are also looking at the role of Ms. Fago’s daughter, Stephanie Walczak.Ms. Fago visited the Trump White House at least twice. Her son, Joey Fago — a real estate agent who this year worked with Donald Trump Jr. and Kimberley Guilfoyle on their purchase of a $9.7 million Florida mansion — posted a video of him and his mother at the White House on election night in 2020 and at a Christmas party the next month, where they can be seen in the West Wing.Elizabeth Fago in 2018. Ms. Fago, a donor to former President Donald J. Trump who visited the White House at least twice, is among a number of individuals being scrutinized by federal investigators, according to people familiar with the matter. Nick Mele/Patrick McMullan via Getty ImagesShe and her son also met Mr. Trump on the tarmac of the West Palm Beach airport in 2019 and another picture shows the two together. In 2016, she co-hosted a fund-raiser for Mr. Trump at his club at Mar-a-Lago.That year Ms. Fago gave $15,400 to pro-Trump fund-raising committees and an additional $7,600 to the Republican National Committee after Mr. Trump won the party’s nomination. In October 2020, she gave $500 to pro-Trump committees.It remains unclear how Ms. Harris and Mr. Kurlander made contact with Project Veritas and what role others might have played in facilitating the transaction.Ms. Fago did not respond to requests for comment. Ms. Walczak declined to comment.Spokesmen for the F.B.I. and Justice Department declined to comment.Using the Diary as LeverageLess than a month before Election Day, in an Oct. 12, 2020, email that Project Veritas included in a court filing, Mr. O’Keefe told his team that he had made the decision not to publish a story about the diary, adding: “We have no doubt the document is real” but that reactions to its publication would be “characterized as a cheap shot.”But Project Veritas was still trying to use the diary as leverage. On Oct. 16, 2020, Project Veritas wrote to Mr. Biden and his campaign that it had obtained a diary Ms. Biden had “abandoned” and wanted to question Mr. Biden on camera about its contents that referred specifically to him.“Should we not hear from you by Tuesday, October 20, 2020, we will have no choice but to act unilaterally and reserve the right to disclose that you refused our offer to provide answers to the questions raised by your daughter,” Project Veritas’ chief legal officer, Jered T. Ede, wrote.In response, Ms. Biden’s lawyers accused Project Veritas of threatening them as part of “extortionate effort to secure an interview” with Mr. Biden in the campaign’s closing days.Ms. Biden’s lawyers refused to acknowledge whether the diary belonged to Ms. Biden but told Mr. Ede that Project Veritas should treat it as stolen property — the lawyers suggested that “serious crimes” might have been committed — and that any suggestion that the diary was abandoned was “ludicrous.”Ultimately, one of Ms. Biden’s lawyers, Roberta Kaplan, told Mr. Ede: “This is insane; we should send to SDNY.” Shortly thereafter Ms. Biden’s lawyers alerted prosecutors at the United States Attorney’s office for the Southern District of New York, which is now overseeing the case.In the midst of this exchange, a conservative website, National File, published excerpts from the diary on Oct. 24, 2020, and the full diary two days later, though it got little attention. The site said it had obtained the diary from someone at another organization that was unwilling to publish it in the campaign’s final days.Mr. O’Keefe’s lawyers said in a court filing last month that Project Veritas arranged for Ms. Biden’s items to be delivered in early November to the police in Florida, not far from the house where she had left them. As the investigation came to light last month, Mr. O’Keefe said in a statement that “Project Veritas gave the diary to law enforcement to ensure it could be returned to its rightful owner.”Adam Leo Bantner II, a Florida lawyer, delivered bags belonging to Ashley Biden to the police in Delray Beach the day after her father was declared the victor in the 2020 presidential election. Mr. Bantner’s interaction with an officer was recorded on a body camera.Delray Beach Police DepartmentBut a Delray Beach Police Department report and an officer’s body camera video footage tell a somewhat different story. On the morning of Sunday, Nov. 8 — 24 hours after Mr. Biden had been declared the winner of the election — a lawyer named Adam Leo Bantner II arrived at the police station with a blue duffel bag and another bag, according to the police report and the footage. Mr. Bantner declined to reveal the identity of his client to the police.Project Veritas has said in court filings that it was assured by the people who sold Ms. Biden’s items to the group that they were abandoned rather than stolen. But the police report said that Mr. Bantner’s client had told him that the property was “possibly stolen” and “he got it from an unknown person at a hotel.”The video footage, which appears to be a partial account of the encounter, records Mr. Bantner describing the bags as “crap.” The officer can be heard telling Mr. Bantner that he is going to throw the bags in the garbage because the officer did not have any “information” or “proof of evidence”“Like I said, I’m fine with it,” Mr. Bantner replied.But the police did examine the contents of the bag and quickly determined that they belonged to Ms. Biden. The report said the police contacted both the Secret Service and the F.B.I., which later collected the items.Patricia Mazzei More

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      China dice que es una democracia, antes de la cumbre de Biden

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      Pekín argumenta que su sistema representa una forma peculiar de democracia, una que ha manejado mejor que Occidente algunos desafíos como la pandemia.PEKÍN — Mientras que el presidente Joe Biden se prepara para ser el anfitrión de una “cumbre para la democracia” esta semana, China contratacó con la afirmación inverosímil de que también es una democracia.Sin importar que el Partido Comunista de China gobierna a los 1400 millones de habitantes del país sin ninguna tolerancia con los partidos de oposición, ni que su líder Xi Jinping ascendió al poder a través de un proceso político turbio sin elecciones populares, ni que pedir públicamente la instalación de una democracia en China conlleva severos castigos, a menudo con largas sentencias de prisión.“No hay un modelo fijo de democracia; se manifiesta de muchas formas” argumentó en un documento publicado el fin de semana el Consejo Estatal, el máximo órgano del gobierno de China. El documento se titulaba: “China: democracia que funciona”.Es poco probable que cualquier país democráctico quede persuadido por el modelo chino. Bajo cualquier estándar, excepto el suyo propio, China es uno de los países menos democráticos del mundo, y se ubica cerca del final de los ránkings de libertades políticas y personales.Sin embargo, el gobierno está contando con que su mensaje encontrará una audiencia en algunos países que están desilusionados con la democracia liberal o las críticas hacia el liderazgo de Estados Unidos, ya sea en América Latina, África o Asia, incluida China.Funcionarios en una rueda de prensa en la Oficina de Información del Consejo del Estado en Pekín el sábadoMark Schiefelbein/Associated Press“Quieren cuidarse la retaguardia, estar a la defensiva, lo que llaman una democracia occidental”, dijo Jean-Pierre Cabestan, politólogo de la Universidad Bautista de Hong Kong.El documento de China sobre la democracia fue la iniciativa más reciente en una campaña que durante semanas ha intentado socavar la cumbre virtual de Biden, que inicia el jueves.En discursos, artículos y videos en la televisión estatal, los funcionarios han aplaudido lo que definen como la democracia al estilo chino. Al mismo tiempo, Pekín ha criticado la democracia estadounidense como particularmente deficiente, buscando perjudicar la autoridad moral del gobierno de Biden, que se esfuerza por unir a Occidente para contrarrestar a China.Get Ready for the 2022 Beijing Winter OlympicsJust a few months after Tokyo, the Olympics will start again in Beijing on Feb. 4. Here is what you need to know:A Guide to the Sports: From speedskating to monobob, here’s a look at every sport that will be contested at the 2022 Winter Games.Diplomatic Boycott: The U.S. will not send government officials to Beijing in a boycott to pressure China for human rights abuses.Covid Preparations: With a “closed-loop” bubble, a detailed health plan and vaccination requirements, the Games will be heavily restricted.The Fashion Race: Canada partnered with Lululemon for its Olympic kit, and a Black-owned athleisure brand will outfit Team Nigeria.“La democracia no es un adorno que se usa como decoración; se usa para resolver problemas que el pueblo quiere solucionar”, dijo Xi en la reunión de altos líderes del Partido Comunista en octubre, según reportó la agencia de noticias estatal Xinhua. (En el mismo discurso, ridiculizó los “aspavientos” que se les da a los votantes durante las elecciones y afirmó que los votantes tienen poca influencia de nuevo hasta la siguiente campaña).El domingo, la cancillería emitió otro informe que criticaba la política estadounidense por lo que describía como la influencia corruptora del dinero, la polarización social que se intensifica y la injusticia inherente en el Colegio Electoral. Del mismo modo, los funcionarios buscaron minimizar el anuncio de la Casa Blanca de que ningún funcionario estadounidense acudirá a las Olimpiadas de Invierno en Pekín en febrero al decir que, de todos modos, ninguno estaba invitado. Un periodista tomaba una copia de “Democracia que funciona”, el informe producido por el gobierno en los momentos previos a una rueda de prensa en la Oficina de Información del Consejo de Estado en Pekín, el sábado.Mark Schiefelbein/Associated PressLa ofensiva propagandística de China ha producido sorprendentes declaraciones sobre la naturaleza fundamental del régimen del Partido Comunista y la superioridad de su modelo político y social. También insinúa que Pekín podría sentir inseguridad sobre el modo en que su gobierno es percibido en el mundo.“El hecho de que el régimen sienta que debe justificar consistentemente su sistema político en términos de democracia es un poderoso reconocimiento del simbolismo y la legitimidad que contiene el concepto”, dijo Sarah Cook, una analista que cubre China para Freedom House, un grupo de defensa en Washington.Cuando los funcionarios presentaron el documento del gobierno el domingo, parecían competir por quién lograba decir “democracia” con más frecuencia y al mismo tiempo enturbiaron la definición del vocablo.El sistema de China “ha alcanzado democracia de proceso y democracia de resultados, democracia procedimental y democracia sustancial, democracia directa y democracia indirecta y la unidad de la democracia del pueblo y la voluntad del país”, comentó Xu Lin, subdirector del departamento de propaganda del Comité Central del Partido Comunista.La campaña hace recordar la rivalidad entre Estados Unidos y la Unión Soviética, que durante décadas lucharon por demostrar las ventajas de sus sistemas políticos, dijo Charles Parton, especialista en China en el Instituto Royal United Services, un grupo de investigación británico.Altos funcionarios del Partido Comunista de China en una reunión de noviembre en PekínYan Yan/Xinhua vía Associated Press“Están, de cierto modo, más aplicados en la competencia ideológica, y esto remite a la Guerra Fría”, dijo Parton, refiriéndose a China.La cumbre de democracia de Biden, que funcionarios de su gobierno han dicho que no está directamente enfocada en China, también ha enfrentado críticas, tanto de Occidente como de China, en parte por los que fueron invitados y por los que no.Angola, Irak y Congo, países que Freedom House clasifica como no democráticos, participarán, mientras que no lo harán dos aliados de la OTAN, Turquía y Hungría.La Casa Blanca, en una medida que probablemente enfurecerá a Pekín, también invitó a dos funcionarios de Taiwán, la democracia isleña que China reivindica como propia; y a Nathan Law, un exlegislador en el territorio semiautónomo de Hong Kong que solicitó asilo en Reino Unido tras la represión de China.En el centro de la defensa de Pekín de su sistema político se encuentran varios argumentos clave, algunos más plausibles que los demás.Los funcionarios mencionan las elecciones que se realizan en los barrios o municipios para elegir representantes para el más bajo de los cinco niveles de legislaturas. Dichas votaciones, sin embargo, son bastante coreografiadas y cualquier candidato que potencialmente pudiera estar en desacuerdo con el Partido Comunista enfrenta acoso o algo peor.Una protesta contra las nuevas leyes de seguridad en en Causeway Bay, Hong Kong, en mayo de 2020Lam Yik Fei para The New York TimesLas legislaturas luego eligen a los delegados para el siguiente nivel, hasta el Congreso Nacional del Pueblo, un cuerpo parlamentario con casi 3000 integrantes que cada primavera se reúne para aprobar las decisiones que el liderazgo del partido toma a puerta cerrada.Cuando Xi impulsó una enmienda constitucional para retirar los límites temporales a la presidencia —lo que le permite gobernar indefinidamente— la votación, realizada de forma secreta, fue de 2958 a 2.China también ha acusado a Estados Unidos de imponer valores occidentales en otras culturas, un argumento que podría encontrar eco en regiones donde ambas potencias compiten por influencia.El embajador de China en Estados Unidos, Qin Gang, se unió recientemente a su homólogo ruso, Anatoly Antonov, para denunciar la cumbre de Biden como hipócrita y hegemónica. En un texto que firmaron en The National Interest, una revista conservadora, aludieron al apoyo otorgado a los movimientos democráticos en países autoritarios que se conocieron como “revoluciones de color”.“Ningún país tiene derecho a juzgar el vasto y variado paisaje político con la misma vara”, escribieron.Al señalar las formas en que las sociedades estadounidense y occidentales se han visto azotadas por divisiones políticas, sociales y raciales y obstaculizadas por la pandemia de coronavirus, China también argumenta que su forma de gobierno ha sido más eficaz para crear prosperidad y estabilidad.Trabajadores sanitarios durante una alerta de covid en Wuhan, China, en eneroGilles Sabrie para The New York TimesLos funcionarios a menudo observan que China ha logrado más de cuatro décadas de crecimiento económico rápido. Y, más recientemente, ha contenido el brote de coronavirus que inició en Wuhan, con menos muertes en toda la pandemia que los que algunos países han registrado en un solo día.Los escépticos rechazan el argumento de que esos éxitos convierten a China en una democracia.Señalan sondeos como el realizado por la Universidad de Würzburg en Alemania, que ranquea a los países según variables como independencia del poder judicial, libertad de prensa e integridad de las elecciones. El más reciente pone a China cerca del final entre 176 países. Solo Arabia Saudita, Yemen, Corea del Norte y Eritrea están más abajo en la lista. Dinamarca está en primer lugar y Estados Unidos en el puesto 36.En China, el Partido Comunista controla los tribunales y censura fuertemente a los medios de comunicación. Ha suprimido la cultura y el idioma tibetanos, ha restringido la libertad religiosa y ha implementado una amplia campaña de detenciones en Sinkiang.Es más, la enérgica defensa de China de su sistema en los últimos meses no ha hecho nada para moderar el enjuiciamiento de la disidencia.Se espera que dos de los más afamados abogados de derechos humanos, Xu Zhiyong y Ding Jiaxi, enfrenten juicio a finales de este año, acusados de haber pedido mayores libertades civiles, según Jerome Cohen, profesor de derecho que se especializa en China en la Universidad de Nueva York. Una empleada china de Bloomberg News en Pekín hasta el martes llevaba un año detenida sin que se supiera cuáles eran las acusaciones en su contraEn el gobierno de Xi, los intelectuales chinos tienen más precauciones al expresarse que en cualquier otro momento desde la muerte de Mao en 1976.“Este es un momento extraordinario en la experiencia china”, dijo Cohen. “De verdad pienso que aplica la definición de totalitarismo”.Keith Bradsher More

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      Ahead of Biden’s Democracy Summit, China Says: We’re Also a Democracy

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      Beijing argues that its system represents a distinctive form of democracy, one that has dealt better than the West with challenges like the pandemic.BEIJING — As President Biden prepares to host a “summit for democracy” this week, China has counterattacked with an improbable claim: It’s a democracy, too.No matter that the Communist Party of China rules the country’s 1.4 billion people with no tolerance for opposition parties; that its leader, Xi Jinping, rose to power through an opaque political process without popular elections; that publicly calling for democracy in China is punished harshly, often with long prison sentences.“There is no fixed model of democracy; it manifests itself in many forms,” the State Council, China’s top governing body, argued in a position paper it released over the weekend titled “China: Democracy That Works.”It is unlikely that any democratic country will be persuaded by China’s model. By any measure except its own, China is one of the least democratic countries in the world, sitting near the bottom of lists ranking political and personal freedoms.Even so, the government is banking on its message finding an audience in some countries disillusioned by liberal democracy or by American-led criticism — whether in Latin America, Africa or Asia, including in China itself.Officials attending a news conference at the State Council Information Office in Beijing on Saturday.Mark Schiefelbein/Associated Press“They want to put on a back foot, put on the defensive, what they refer to as Western democracy,” said Jean-Pierre Cabestan, a political scientist at Hong Kong Baptist University.China’s paper on democracy was the latest salvo in a weekslong campaign seeking to undercut Mr. Biden’s virtual gathering, which begins on Thursday.In speeches, articles and videos on state television, officials have extolled what they call Chinese-style democracy. At the same time, Beijing has criticized democracy in the United States in particular as deeply flawed, seeking to undermine the Biden administration’s moral authority as it works to rally the West to counter China.Get Ready for the 2022 Beijing Winter OlympicsJust a few months after Tokyo, the Olympics will start again in Beijing on Feb. 4. Here is what you need to know:A Guide to the Sports: From speedskating to monobob, here’s a look at every sport that will be contested at the 2022 Winter Games.Diplomatic Boycott: The U.S. will not send government officials to Beijing in a boycott to pressure China for human rights abuses.Covid Preparations: With a “closed-loop” bubble, a detailed health plan and vaccination requirements, the Games will be heavily restricted.The Fashion Race: Canada partnered with Lululemon for its Olympic kit, and a Black-owned athleisure brand will outfit Team Nigeria.“Democracy is not an ornament to be used for decoration; it is to be used to solve the problems that the people want to solve,” Mr. Xi said at a gathering of top Communist Party leaders in October, according to Xinhua, the state news agency. (In the same address, he ridiculed the “song and dance” that voters are given during elections, contending that voters have little influence until the next campaign.)On Sunday, the foreign ministry released another report that criticized American politics for what it described as the corrupting influence of money, the deepening social polarization and the inherent unfairness of the Electoral College. In the same way, officials later sought to play down the White House announcement that no American officials would attend the Winter Olympics in Beijing in February by saying none had been invited anyway.A journalist takes a copy of a Chinese government-produced report titled “Democracy that Works” before a news conference at the State Council Information Office in Beijing on Saturday.Mark Schiefelbein/Associated PressChina’s propaganda offensive has produced some eyebrow-raising claims about the fundamental nature of Communist Party rule and the superiority of its political and social model. It also suggests that Beijing may be insecure about how it is perceived by the world.“The fact that the regime feels the need to consistently justify its political system in terms of democracy is a powerful acknowledgment of the symbolism and legitimacy that the term holds,” said Sarah Cook, an analyst who covers China for Freedom House, an advocacy group in Washington.When officials introduced the government’s policy paper on Saturday, they seemed to compete over who could mention “democracy” more often, while muddying the definition of the word.China’s system “has achieved process democracy and outcome democracy, procedural democracy and substantive democracy, direct democracy and indirect democracy, and the unity of people’s democracy and the will of the country,” said Xu Lin, deputy director of the Communist Party Central Committee’s propaganda department. The campaign carries echoes of the rivalry between the United States and the Soviet Union, which sparred for decades over the merits of their political systems, said Charles Parton, a China specialist at the Royal United Services Institute, a British research group.Senior Communist Party officials at a meeting in November in Beijing. Yan Yan/Xinhua, via Associated Press“They are more keen, in a way, on an ideological competition, and that takes you back to the Cold War,” Mr. Parton said, referring to China.Mr. Biden’s democracy summit, which administration officials have said is not explicitly focused on China, has also faced criticism, in the West as well as from China, in part for whom it invited and whom it left out.Angola, Iraq and Congo, countries that Freedom House classifies as undemocratic, will participate, while two NATO allies, Turkey and Hungary, will not. In a move likely to anger Beijing, the White House also invited two officials from Taiwan, the island democracy China claims as its own; and Nathan Law, a former legislator in the semiautonomous territory of Hong Kong who sought asylum in Britain after China’s crackdown.At the heart of Beijing’s defense of its political system are several core arguments, some more plausible than others.Officials cite the elections that are held in townships or neighborhoods to select representatives to the lowest of five levels of legislatures. Those votes, however, are highly choreographed, and any potential candidates who disagree with the Communist Party face harassment or worse.People in Causeway Bay, Hong Kong, protesting new security laws in May 2020.Lam Yik Fei for The New York TimesThe legislatures then each choose delegates for the next level, up to the National People’s Congress, a parliamentary body with nearly 3,000 members that meets each spring to rubber-stamp decisions made behind closed doors by the party leadership.When Mr. Xi pushed through a constitutional amendment removing term limits on the presidency — effectively allowing him to rule indefinitely — the vote, by secret ballot, was 2,958 to 2.China has also accused the United States of imposing Western values on other cultures, an argument that might resonate in regions where the two powers are competing for influence.China’s ambassador to the United States, Qin Gang, recently joined his Russian counterpart, Anatoly Antonov, to denounce Mr. Biden’s summit as hypocritical and hegemonic. Writing in The National Interest, the conservative magazine, they alluded to support for democratic movements in authoritarian countries that became known as “color revolutions.”“No country has the right to judge the world’s vast and varied political landscape by a single yardstick,” they wrote.Pointing to the ways that American and other Western societies have been torn by political, social and racial divisions and hobbled by the coronavirus pandemic, China is also arguing that its form of governance has been more effective in creating prosperity and stability.Health workers during a Covid alert in Wuhan, China in January.Gilles Sabrie for The New York TimesAs officials often note, China has achieved more than four decades of rapid economic growth. More recently, it has contained the coronavirus outbreak that began in Wuhan, with fewer deaths throughout the pandemic than some countries have had in a single day.Skeptics reject the argument that such successes make China a democracy.They cite surveys like the one done by the University of Würzburg in Germany, which ranks countries based on variables like independence of the judiciary, freedom of the press and integrity of elections. The most recent put China near the bottom among 176 countries. Only Saudi Arabia, Yemen, North Korea and Eritrea rank lower. Denmark is first; the United States 36th.In China, the Communist Party controls the courts and heavily censors the media. It has suppressed Tibetan culture and language, restricted religious freedom and carried out a vast detention campaign in Xinjiang.What’s more, China’s vigorous defense of its system in recent months has done nothing to moderate its prosecution of dissent.Two of China’s most prominent human rights lawyers, Xu Zhiyong and Ding Jiaxi, are expected to face trial at the end of this year on charges that they called for more civil liberties, according to Jerome Cohen, a law professor specializing in China at New York University. A Chinese employee of Bloomberg News in Beijing has remained in detention for a year, as of Tuesday, with almost no word about the accusations against her.Under Mr. Xi’s rule, intellectuals are now warier of speaking their minds in China than at practically any time since Mao Zedong died in 1976.“This is an extraordinary time in the Chinese experience,” Mr. Cohen said. “I really think that the totalitarianism definition applies.”A police officer in 2020 walking past placards of detained rights activists taped on the fence of the Chinese liaison office in Hong Kong protesting Beijing’s detention of Xu Zhiyong, the prominent anti-corruption activist.Isaac Lawrence/Agence France-Presse — Getty ImagesKeith Bradsher More

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      Where Biden’s Justice Department Isn’t Breaking From Trump

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      Democratic gripes are increasing, as some critics worry that the department is rubber-stamping Trump-era policies.The political news cycle hit home in rare fashion on Monday as the attorney general, Merrick B. Garland, met with newsroom leaders from The Times, CNN and The Washington Post to discuss how the administration was responding to revelations that Donald J. Trump’s Department of Justice had secretly sought information on reporters and their sources.When a Justice Department gets into the business of seizing reporters’ phone records and trying to track down leakers, while putting gag orders on the news organizations whose records it’s seizing, it’s hard not to wonder about the health of the First Amendment.So with the revelations now public, Mr. Garland vowed to act. Speaking to members of the Senate Appropriations Committee at a budget hearing last week, he pledged that he would institute new policies that were “the most protective of journalists’ ability to do their jobs in history.”In Monday’s meeting, the leaders of the news organizations pushed Mr. Garland to pursue accountability for the administration officials who had worked to target journalists and whistle-blowers; Mr. Garland’s responses were kept off the record.But legal watchdogs and advocates of criminal justice reform say this is far from the only area of concern. They are pointing to a few major areas in which Mr. Garland’s Justice Department has elected to defend Trump-era policies, particularly those orchestrated by former Attorney General William P. Barr.Mr. Garland has stepped up enforcement of civil rights laws, and he is leading investigations into some major municipal police departments suspected of systematic misconduct. He announced last week that he would take aggressive steps to protect voting rights.But on a range of other issues, there are gripes coming from within the president’s own party. Some critics have expressed worry that his Department of Justice was rubber-stamping policies that sought to expand the president’s legal immunities, turn back progressive action on racial justice and restrict immigrants’ ability to enter the country legally.Trump, E. Jean Carroll and presidential protectionsDuring Mr. Trump’s presidency, Mr. Barr sought to help Mr. Trump try to fight off a sexual assault accusation from the journalist and advice columnist E. Jean Carroll.After she publicly made the allegation, in 2019, Mr. Trump said in an interview from the Oval Office that Ms. Carroll was “not my type,” and that he’d never assaulted her. She then filed suit, accusing him of slandering her.Mr. Barr argued in court that Mr. Trump had been acting as an employee of the federal government when he made the comments, and was therefore shielded from charges of slander and libel.The case was still pending when President Biden took office. And this month, Mr. Garland’s Justice Department lamented Mr. Trump’s “crude and disrespectful” remarks, but it said that his administration had been right to argue that he could not be sued over them.Mueller’s findings and the ‘Barr memo’Prominent Democrats had also urged Mr. Garland not to fight a federal judge’s ruling demanding that a classified report that Mr. Barr had requested be made public. Known as the “Barr memo,” the document argues that he should tell the public that Mr. Trump’s efforts to impede the Russia investigation — as lain out in the report by the special counsel, Robert S. Mueller III — cannot be charged as obstruction of justice, and offers legal analysis in support of that claim.Mr. Trump’s foes scored a major victory last month, when, in a blistering decision, Judge Amy Berman Jackson of the U.S. District Court in Washington ordered the memo to be made public, accusing the Trump administration of “disingenuous” reasoning. In a public letter last month, Democrats on the Judiciary Committee asked Mr. Garland not to appeal Judge Jackson’s decision, “in order to help rebuild the nation’s trust” in the Justice Department.But Mr. Garland soon announced that he would indeed appeal it, seeking to keep secret most of the memo — the portion laying out the legal analysis for why none of potential obstruction episodes in the Mueller report rose to a chargeable crime — and citing “the irreparable harm that would be caused by the release of the redacted portions of the document.”Much like Barack Obama’s choice, in 2009, not to systematically pursue accountability for members of the Bush administration over their invasive surveillance policies, or the mistreatment of military prisoners during the war on terror, the Biden administration’s move on the Barr memo was seen as an attempt to protect the narrow institutional interests of the Justice Department and to move on.Gun prosecutions in D.C.Many proponents of racial justice were dismayed this spring when Mr. Garland’s Justice Department announced it would continue Mr. Trump’s policy of using the federal courts to prosecute gun crimes in the District of Columbia, not the city’s own justice system.That policy, enacted in 2019, had reversed decades of tradition in the nation’s capital, where the lead prosecutor is a federal appointee but most crimes are typically tried in city courts.At a moment when the D.C. Council had been passing laws to undo the effects of mass incarceration, the Trump administration’s move disproportionately affected African-American men, as Black people account for a vast majority of those brought up on gun charges in the nation’s capital. Average sentences for these crimes are roughly twice as high in the federal court system.“That’s why it’s so surprising that the administration stuck with it: because this is an issue that touches on mass incarceration, racial injustice and D.C. rights,” Andrew Crespo, a Harvard Law School professor who has been involved in the effort to roll back the Trump policy, said in an interview.A group of 87 former federal prosecutors signed a letter in May urging the Justice Department to abandon the practice, but so far it hasn’t changed its position.Immigration policiesMr. Garland’s Justice Department has also continued some Trump policies that prevent immigrants trying to enter the U.S. from having access to certain legal rights.One policy, which was enacted at the end of Mr. Trump’s presidency by the department’s immigration review office, concentrates decision-making power underneath a political appointee and can prevent immigrants seeking to remain in the U.S. from presenting certain evidence that could help them from being deported.Lawyers for Mr. Garland’s Justice Department have repeatedly argued to uphold the rule, resisting lawsuits from proponents of immigration rights in two separate district courts.Biden administration lawyers have also argued in court on behalf of a policy that prevents immigrants with temporary protected status from gaining green cards with the support of their employer. The Biden administration has also sought to end protected status for hundreds of thousands of people from El Salvador and other countries.Lee Gelernt, the deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project, pointed to the fact that Mr. Garland’s Justice Department had agreed to defend former members of the Trump administration, including Jeff Sessions and Stephen Miller, in lawsuits seeking damages for harm caused by the family-separation policy.It is customary for former federal officials to have access to Justice Department representation, but Mr. Gelernt said that the family-separation policy went beyond the pale, and suggested a need to re-examine old precedent where some of the Trump administration’s policies are concerned.“For the Biden D.O.J. to choose to represent the people who did the family-separation practice is deeply troubling,” he said. A voting rights coalition urges corporations to stop funding ALEC, the conservative group.A coalition of more than 300 voting rights groups, civil rights advocates and labor leaders has written a letter to multiple major corporations in the U.S. demanding that they cease their financial support of the American Legislative Exchange Council, or ALEC, an influential conservative group funded by businesses.The three-page letter accuses the group of engaging in partisan gerrymandering and of playing a central role in the crafting of legislation in states across the country that would introduce a raft of new voting restrictions.“Your continued financial support of ALEC is an active endorsement of these efforts to create more barriers to the freedom to vote and weaken representation for the American people in government,” the letter states. “Intended or not, the money your company is contributing to ALEC helps fund this modern Jim Crow effort.”The letter comes as multiple groups seeking to slow the attack on access to the ballot have sought to pressure major businesses to take a more proactive role in pushing back on new voting laws. In Georgia, a coalition of faith leaders called for a boycott of Home Depot after it did not actively oppose the state’s new voting law.But even as some businesses have spoken up, it has rarely had a significant impact. A broad coalition of major corporations last month called on Texas to expand voting access, only to see the state’s Legislature continue to work toward a final bill of voting restrictions.The letter on Monday focusing on funding for ALEC, a regular target of liberal groups, signals a broadening of the activism aimed at weakening or halting new voting bills, taking the battle beyond state legislatures and members of Congress and to the broader ecosystem that has been powering the monthslong push to enact new voting laws.On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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      U.S. Put Gag Order on Times Executives Amid Fight Over Email Logs

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      A push by prosecutors to secretly seize data about four Times reporters’ emails began in the Trump administration and continued under Biden.WASHINGTON — In the last weeks of the Trump administration and continuing under President Biden, the Justice Department fought a secret legal battle to obtain the email logs of four New York Times reporters in a hunt for their sources, a top lawyer for the newspaper said Friday night.While the Trump administration never informed The Times about the effort, the Biden administration continued waging the fight this year, telling a handful of top Times executives about it but imposing a gag order to shield it from public view, said the lawyer, David McCraw, who called the move unprecedented.The gag order prevented the executives from disclosing the government’s efforts to seize the records even to the executive editor, Dean Baquet, and other newsroom leaders.Mr. McCraw said Friday that a federal court had lifted the order, which had been in effect since March 3, freeing him to reveal what had happened. The battle was over an effort by the Justice Department to seize email logs from Google, which operates the Times’s email system, and which had resisted the effort to obtain the information.The disclosure came two days after the Biden Justice Department notified the four reporters that the Trump administration, hunting for their sources, had in 2020 secretly seized months of their phone records from early 2017. That notification followed similar disclosures in recent weeks about seizing communications records of reporters at The Washington Post and CNN.Mr. Baquet condemned both the Trump and Biden administrations for their actions, portraying the effort as an assault on the First Amendment.“Clearly, Google did the right thing, but it should never have come to this,” Mr. Baquet said. “The Justice Department relentlessly pursued the identity of sources for coverage that was clearly in the public interest in the final 15 days of the Trump administration. And the Biden administration continued to pursue it. As I said before, it profoundly undermines press freedom.”There was no precedent, Mr. McCraw said, for the government to impose a gag order on New York Times personnel as part of a leak investigation. He also said there was no precedent for the government to seize the Times’s phone records without advance notification of the effort.A Google spokeswoman said that while it does not comment on specific cases, the company is “firmly committed to protecting our customers’ data and we have a long history of pushing to notify our customers about any legal requests.”Anthony Coley, a Justice Department spokesman, noted that “on multiple occasions in recent months,” the Biden-era department had moved to delay enforcement of the order and it then “voluntarily moved to withdraw the order before any records were produced.”He added: “The department strongly values a free and independent press, and is committed to upholding the First Amendment.”Last month, Mr. Biden said he would not permit the Justice Department during his administration to seize communications logs that could reveal reporters’ sources, calling the practice “simply, simply wrong.” (Under the Obama administration, the Justice Department had gone after such data in several leak investigations.)The letter this week disclosing the seizure of phone records involving the Times reporters — Matt Apuzzo, Adam Goldman, Eric Lichtblau and Michael S. Schmidt — had hinted at the existence of the separate fight over data that would show whom they had been in contact with over email.The letters said the government had also acquired a court order to seize logs of their emails, but “no records were obtained,” providing no further details. But with the lifting of the gag order, Mr. McCraw said he had been freed to explain what had happened.Prosecutors in the office of the United States attorney in Washington had obtained a sealed court order from a magistrate judge on Jan. 5 requiring Google to secretly turn over the information. But Google resisted, apparently demanding that the Times be told, as its contract with the company requires.The Justice Department continued to press the request after the Biden administration took over, but in early March prosecutors relented and asked a judge to permit telling Mr. McCraw. But the disclosure to him came with a nondisclosure order preventing him from talking about it to other people.Mr. McCraw said it was “stunning” to receive an email from Google telling him what was going on. At first, he said, he did not know who the prosecutor was, and because the matter was sealed, there were no court documents he could access about it.The next day, Mr. McCraw said, he was told the name of the prosecutor — a career assistant United States attorney in Washington, Tejpal Chawla — and opened negotiations with him. Eventually, Mr. Chawla agreed to ask the judge to modify the gag order so Mr. McCraw could discuss the matter with the Times’s general counsel and the company’s outside lawyers, and then with two senior Times executives: A.G. Sulzberger, the publisher, and Meredith Kopit Levien, the chief executive.“We made clear that we intended to go to court to challenge the order if it was not withdrawn,” Mr. McCraw said. Then, on June 2, he said, the Justice Department told him it would ask the court to quash the order to Google at the same time that it disclosed the earlier phone records seizure, which he had not known about.He described the position he was in as “untenable,” especially when it came to talking with Times reporters about chatter involving some kind of fight involving Google and a leak investigation related to The Times.The Justice Department has not said what leak it was investigating, but the identity of the four reporters who were targeted and the date range of the communications sought strongly suggested that it centered on classified information in an April 2017 article about how James B. Comey Jr., the former F.B.I. director, handled politically charged investigations during the 2016 presidential campaign.The article included discussion of an email or memo by a Democratic operative that Russian hackers had stolen, but that was not among the tranche that intelligence officials say Russia provided to WikiLeaks for public disclosure as part of its hack-and-dump operation to manipulate the election.The American government found out about the memo, which was said to express confidence that the attorney general at the time, Loretta Lynch, would not let an investigation into Hillary Clinton’s use of a private email server go too far. Mr. Comey was said to worry that if Ms. Lynch made and announced the decision not to charge Ms. Clinton, Russia would put out the memo to make it seem illegitimate, leading to his unorthodox decision to announce that the F.B.I. was recommending against charges in the matter.The Justice Department under then-President Donald Trump, who fired Mr. Comey and considered him an enemy, sought for years to see whether it could find evidence sufficient to charge him with the crime of making unauthorized disclosures of classified information — a push that eventually came to focus on whether he had anything to do with The Times learning about the existence of the document Russian hackers had stolen.The long-running leak investigation into Mr. Comey was seen inside of the Justice Department as one of the most politicized and contentious, even by the standards of a department that had been prevailed upon in several instances to use leak investigations and other policies concerning book publication to attack former officials who criticized Mr. Trump.Throughout last year, prosecutors talked about whether or not to close the leak investigation into Mr. Comey, according to two people familiar with the case, in part because there seemed to be little evidence to show that the former FBI director had shared classified information with the press.Last fall, department officials discussed whether the investigation had run its course and prosecutors should draft a declination memo that would explain why Mr. Comey would not be prosecuted, one of the people said. But the F.B.I. and the career prosecutors working on the case wanted to keep the investigation open, the people said, and in January prosecutors obtained a special court order to require Google to turn over data on the reporters’ emails.With Mr. Trump soon to be out of office, the order was controversial among some inside of the department, according to two people with knowledge of the case. It was seen as unusually aggressive for a case that would likely end in no charges. During the transition from the Trump to the Biden administration, at least one official wrote in a memo that the case should be closed, according to a person familiar with the transition.In the court filings seeking to compel Google to turn over logs of who was communicating with the four reporters who wrote that story, the Justice Department persuaded the judge that the secrecy was justified because, as the judge wrote on Jan. 5, “there is reason to believe that notification of the existence of this order will seriously jeopardize the ongoing investigation, including by giving targets an opportunity to destroy or tamper with evidence.”The Jan. 5 document does not acknowledge that the existence of the leak investigation into Mr. Comey and its subject matter was by then already known, because The Times had reported on it almost a year earlier. It is not clear whether the Justice Department told the judge about that article, or instead suggested that the inquiry was still a well-kept secret. More

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      Fox News Files to Dismiss Dominion's Lawsuit Over 2020 Election Coverage

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      Fox News Media, the Rupert Murdoch-controlled cable group, filed a motion on Tuesday to dismiss a $1.6 billion defamation lawsuit brought against it in March by Dominion Voting Systems, an election technology company that accused Fox News of propagating lies that ruined its reputation after the 2020 presidential election.The Dominion lawsuit and a similar defamation claim brought in February by another election company, Smartmatic, have been widely viewed as test cases in a growing legal effort to battle disinformation in the news media. And it is another byproduct of former President Donald J. Trump’s baseless attempts to undermine President Biden’s clear victory.In a 61-page response filed in Delaware Superior Court, the Fox legal team argues that Dominion’s suit threatened the First Amendment powers of a news organization to chronicle and assess newsworthy claims in a high-stakes political contest.“A free press must be able to report both sides of a story involving claims striking at the core of our democracy,” Fox says in the motion, “especially when those claims prompt numerous lawsuits, government investigations and election recounts.” The motion adds: “The American people deserved to know why President Trump refused to concede despite his apparent loss.”Dominion’s lawsuit against Fox News presented the circumstances in a different light.Dominion is among the largest manufacturers of voting machine equipment and its technology was used by more than two dozen states last year. Its lawsuit described the Fox News and Fox Business cable networks as active participants in spreading a false claim, pushed by Mr. Trump’s allies, that the company had covertly modified vote counts to manipulate results in favor of Mr. Biden. Lawyers for Mr. Trump shared those claims during televised interviews on Fox programs.“Lies have consequences,” Dominion’s lawyers wrote in their initial complaint. “Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process.” The lawsuit cites instances where Fox hosts, including Lou Dobbs and Maria Bartiromo, uncritically repeated false claims about Dominion made by Mr. Trump’s lawyers Rudolph W. Giuliani and Sidney Powell.A representative for Dominion, whose founder and employees received threatening messages after the negative coverage, did not respond to a request for comment on Tuesday night.Fox News Media has retained two prominent lawyers to lead its defense: Charles Babcock, who has a background in media law, and Scott Keller, a former chief counsel to Senator Ted Cruz, Republican of Texas. Fox has also filed to dismiss the Smartmatic suit; that defense is being led by Paul D. Clement, a former solicitor general under President George W. Bush.“There are two sides to every story,” Mr. Babcock and Mr. Keller wrote in a statement on Tuesday. “The press must remain free to cover both sides, or there will be a free press no more.”The Fox motion on Tuesday argues that its networks “had a free-speech right to interview the president’s lawyers and surrogates even if their claims eventually turned out to be unsubstantiated.” It argues that the security of Dominion’s technology had been debated in prior legal claims and media coverage, and that the lawsuit did not meet the high legal standard of “actual malice,” a reckless disregard for the truth, on the part of Fox News and its hosts.Media organizations, in general, enjoy strong protections under the First Amendment. Defamation suits are a novel tactic in the battle over disinformation, but proponents say the strategy has shown some early results. The conservative news outlet Newsmax apologized last month after a Dominion employee, in a separate legal case, accused the network of spreading baseless rumors about his role in the election. Fox Business canceled “Lou Dobbs Tonight” a day after Smartmatic sued Fox in February and named Mr. Dobbs as a co-defendant.Jonah E. Bromwich More