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      ‘We have to fight back’: can Joe Biden recover before the midterms?

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      ‘We have to fight back’: can Joe Biden recover before the midterms? As the president seeks to reset course, a booming economy and receding pandemic reveal encouraging signsSnow fell lightly as Joe Biden stared into the wooded hollow where, just hours before he arrived in Pittsburgh, a half-century old bridge had collapsed. It was a dramatic illustration of what had brought the president to the City of Bridges: his urgent drive to rebuild crumbling US infrastructure.Silicon Holler: Ro Khanna says big tech can help heal the US heartlandRead moreLast year, Biden signed a $1tn infrastructure bill, an achievement that eluded his most recent predecessors and one he was eager to champion after legislative setbacks.“There are another 3,300 bridges here in Pennsylvania, some of which are just as old and just as in decrepit a condition as that one was,” Biden said later, in a speech at a manufacturing research and development center. Funding in the infrastructure law would help repair the Pittsburgh bridge and “thousands of other bridges across the country”.“We’ve got to move,” he said. “The next time, we don’t need headlines saying that someone was killed.”The visit to Pittsburgh was the beginning of an effort by the White House to change the narrative of Biden’s presidency, as he shifts from an inaugural year mired in legislative battles to elections that will determine control of Congress. The new approach was a recognition of a stalled agenda, an unyielding pandemic, rising inflation and flagging popularity.Yet the week brought a much-needed burst of good news, a reminder that the electoral landscape may look very different come November.The supreme court justice Stephen Breyer announced his retirement, giving Biden the opportunity to name his replacement. The commerce department reported that the US economy grew last year at its fastest pace since 1984. US households began receiving free coronavirus tests from the government. And suddenly, after months of gridlock, the administration is optimistic Congress will pass a plan aimed at making the US more competitive against China.Democratic strategists, progressive activists and former party officials welcomed Biden’s use of the bully pulpit, urging him to seize such momentum by touting economic success and drawing sharp contrasts with Republicans.“In the districts, people can’t tell you a thing that’s in Build Back Better but they can tell you to the penny how much a tank of gas is,” said Chuck Rocha, a progressive Democratic strategist. “They can also tell you what their relief check meant to them.”“We just have to not be afraid to beat our chest as Democrats,” he said.‘Toast in the midterms?’Historical patterns suggest Republicans are well-positioned to win the House and possibly the Senate in November. The party that holds the White House typically loses seats during its first midterm elections, the extent of such losses often correlating with a president’s popularity.Biden will use time away from Washington to build support for his legislative priorities while highlighting what his administration has accomplished: a poverty reducing coronavirus stimulus package, the infrastructure law, full vaccination of more than 210 million Americans.Strategists say his travels may remind Americans why they voted for him.Biden began his presidency with high approval ratings and broad public confidence in his ability to confront the pandemic. But the national mood darkened, sending Biden’s popularity spiraling, including among Black, Latino, female and young voters – core segments of his coalition. A survey by Pew Research this week found the president’s approval rating down to 41%, from a high of 59% in April.“We need to get Biden’s approval numbers up or else we’re toast in the midterms,” warned Lanae Erickson, senior vice-president at the moderate think tank Third Way.Disappointment with Biden’s handling of the pandemic is a key factor weighing down such ratings. Now that vaccines have proven effective, including against fast-spreading variants like Omicron, Erickson said voters want to hear the White House strategy for living with the virus.“Right now people are hearing a lot of ‘Stay home, stay safe’ from Democrats. But people are tired of staying home,” she said. “We have to be the party that’s talking about getting people back to work.”Biden’s relatively infrequent travel during his first year in office was partly due to the pandemic. But he was also grounded by negotiations on Capitol Hill. In September, the White House canceled a trip to Chicago so Biden could hammer out a deal on his domestic spending package, only to see such efforts collapse soon after.This month, Biden’s visit to Capitol Hill to pressure Democrats to pass voting rights protections was forestalled by Senator Kyrsten Sinema, who declared her opposition to changing the filibuster, thereby dooming the legislation, in a speech just before the president’s arrival.Pittsburgh bridge collapses hours before Biden’s infrastructure speech in cityRead moreBiden appeared to acknowledge that his involvement with negotiations on Capitol Hill hurt his standing with voters, who wanted to see him govern more like a commander-in-chief. Defending his reputation as a bipartisan dealmaker, built over 36 years in the Senate, Biden conceded that the role of president required a different type of engagement.“The public doesn’t want me to be the ‘president-senator,’” he told reporters this month. “They want me to be the president and let senators be senators.”The retirement of Justice Breyer immediately put a spotlight on one of the most consequential responsibilities of any presidency: filling a vacancy on the supreme court. At a press conference this week, Biden said he would draw up a list of candidates based on his promise to nominate a Black woman.Stefanie Brown James, co-founder and executive director of the Collective Pac, which aims to build Black electoral power, said the assurance “felt monumental”, particularly after the disappointments on domestic spending and voting rights.Though the replacement would do little to shift the ideological composition of the court, after three Trump-era appointments created a conservative supermajority, James said appointing a Black woman would “right a historic wrong”.Antjuan Seawright, a South Carolina Democratic strategist, said the chance for Biden to add a woman of color could be a “galvanizing” moment for Democrats, a reminder to supporters Biden can still deliver on his promises.“The president won because of our votes, Black voters, the most consequential and loyal voting bloc in the country,” Seawright said. “And so this is going to remind them of the net worth of their vote and why it’s important to keep showing up.”‘Look people in the eye’A natural retail politician with a zeal for campaigning, Biden lamented that he had so few opportunities to “look people in the eye” in his first year as president.On Tuesday, he stepped out of the White House to visit a boutique that opened during the pandemic, purchasing a necklace for his wife and a coffee mug featuring the face of Kamala Harris, his vice-president. The excursion also included a stop for ice-cream, where he posed with employees after greeting US Marines.On Wednesday, Biden bantered with the General Motors chief executive, Mary Barra, about the speed of a new electric vehicle, during a White House roundtable with the heads of major US companies.“I’m looking for a job, Mary,” quipped the president, a car enthusiast, after Barra told him the vehicle went from “zero to 60 in three seconds”.Next week, Biden will travel to New York to discuss plans for combatting gun crime with Mayor Eric Adams, after the fatal shooting of two police officers. The White House has sought to elevate efforts to combat rising violent crime as Republicans attempt to portray the country as lawless. Centrist Democrats believe Adams, a retired NYPD captain who campaigned on a promise to reduce crime, offers a model for how the party can beat back such attacks.The White House insists the president hasn’t given up on passing Biden’s Build Back Better agenda or voting protections, but is scaling back his involvement – and his ambitions. Activists and progressives are pressing him to ramp up use of his executive authority.Cristina Tzintzún Ramirez, president of NextGen America, a youth voting organization, said canceling student debt was one of the “most basic and critical” steps Biden could take to deliver for young people. She said the issue was a top priority for voters under 35, and would help fulfil a promise to reduce the racial wealth gap.Biden has expressed doubt whether he has the legal authority to enact widespread student loan forgiveness. In December, he extended a moratorium on student loan payments put in place by the Trump administration in the early days of the pandemic.“Young folks overwhelmingly supported the Biden administration and now it’s up to the Biden administration to support young people,” Tzintzún Ramirez said. “We understand they can’t pass every single policy but on student debt they hold the power to make it happen.”‘Best messenger’If Biden’s standing slips further, his visits could become a political headache for Democrats in battleground states.American muckrakers: Peter Schweizer, James O’Keefe and a rightwing full court pressRead moreOn Friday, a leading Democratic contender in the Pennsylvania governor’s race was noticeably absent from Biden’s Pittsburgh event, citing a scheduling conflict. Earlier in the month, Stacey Abrams, the leading Democratic candidate for governor in Georgia, also cited a scheduling conflict for her absence at Biden’s Atlanta speech on voting rights, which was boycotted by some civil rights groups. Beto O’Rourke said he was “not interested” in help from the president or any national politician in his bid to become governor of Texas.Ed Rendell, a former governor of Pennsylvania, said Biden was still the “best messenger to motivate our rank-and-file Democrats” in battleground states.But Rendell said the time for bipartisan backslapping had passed. Biden’s message to voters, he said, must be clear: Republicans, not Democrats, are squarely to blame for his stalled agenda.“We have to fight back with the weapons at our disposal,” Rendell said. “We’d rather negotiate peace … but we’re not going to fight with a hand tied behind our back.”TopicsJoe BidenBiden administrationUS politicsUS midterm elections 2022DemocratsUS CongressUS SenatefeaturesReuse this content More

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      Jan. 6 Committee Subpoenas Fake Trump Electors

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      The panel demanded information from 14 people who were part of bogus slates of electors for President Donald J. Trump, digging deeper into an aspect of his efforts to overturn the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 Capitol attack issued 14 subpoenas on Friday to people who falsely claimed to be electors for President Donald J. Trump in the 2020 election in states that were actually won by Joseph R. Biden Jr., digging deeper into Mr. Trump’s efforts to overturn the results.The subpoenas target individuals who met and submitted false Electoral College certificates in seven states won by President Biden: Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin.“The select committee is seeking information about attempts in multiple states to overturn the results of the 2020 election, including the planning and coordination of efforts to send false slates of electors to the National Archives,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement. “We believe the individuals we have subpoenaed today have information about how these so-called alternate electors met and who was behind that scheme.”The so-called alternate electors met on Dec. 14, 2020, in seven states that Mr. Trump lost and submitted bogus slates of Electoral-College votes for him, the committee said. They then sent the false Electoral College certificates to Congress, an action Mr. Trump’s allies used to try to justify delaying or blocking the final step in confirming the 2020 election results — a joint session of Congress on Jan. 6, 2021, to formally count the electoral votes.The 14 individuals subpoenaed on Friday were: Nancy Cottle and Loraine B. Pellegrino of Arizona; David Shafer and Shawn Still of Georgia; Kathy Berden and Mayra Rodriguez of Michigan; Jewll Powdrell and Deborah W. Maestas of New Mexico; Michael J. McDonald and James DeGraffenreid of Nevada; Bill Bachenberg and Lisa Patton of Pennsylvania; and Andrew Hitt and Kelly Ruh of Wisconsin.The subpoenas order the witnesses, all of whom claimed to be either a chair or secretary of the fake elector slates, to turn over documents and sit for depositions in February.Those who signed onto the fake slates of electors were mostly state-level officials in the Republican Party, G.O.P. political candidates or party activists involved with Mr. Trump’s re-election campaign. None of those who were subpoenaed responded on Friday to requests for comment.On Friday, the committee also issued a subpoena to Judd Deere, a former White House spokesman who interacted with Mr. Trump the day before the Capitol riot in a meeting in which Mr. Trump asked how to get Republicans in Congress he described as “weak” to overturn the election, according to a person familiar with the panel’s activities. That subpoena was reported earlier by CNN.The committee’s latest subpoenas came as the Justice Department said this week it was investigating the fake electors.The scheme to employ the so-called alternate electors was one of Mr. Trump’s most expansive efforts to overturn the election, beginning even before some states had finished counting ballots and culminating in the pressure placed on Vice President Mike Pence to throw out legitimate votes for Mr. Biden when he presided over the joint congressional session. At various times, the gambit involved lawyers, state lawmakers and top White House aides.As early as Nov. 4, Mark Meadows, then Mr. Trump’s chief of staff, received a message from an unidentified Republican lawmaker proposing an “aggressive strategy” to maintain his grip on power. According to the strategy, Republican-controlled legislatures in states like Georgia, North Carolina and Pennsylvania would “just send their own electors” to the Electoral College instead of those chosen by voters to represent Mr. Biden.Within a month, two of Mr. Trump’s lawyers, Rudolph W. Giuliani and Jenna Ellis, spoke to Republican lawmakers in swing states like Michigan and Arizona, urging them to convene special sessions to choose their own electors.Around the same time, John Eastman, another lawyer who would ultimately work for Mr. Trump, spoke by video to lawmakers in Georgia, advising them to “adopt a slate of electors yourself.”Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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      January 6 panel subpoenas figures in scheme backing fake Trump electors

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      January 6 panel subpoenas figures in scheme backing fake Trump electorsHouse committee seeks to determine whether Trump White House was behind plan to send false certificates to Congress The House select committee investigating the Capitol attack on Friday issued subpoenas to lead participants in an audacious scheme to send fake Trump slates of electors to Congress.The development comes as the panel seeks to learn whether the plan was coordinated by the Trump White House.The fake certificates – which falsely declared Donald Trump the winner of the 2020 election, though the states had officially declared otherwise – are significant as they appear to have been a central tenet of the former president’s effort to return himself to power.Capitol attack committee has spoken to Trump AG William Barr, chairman saysRead moreThe fake slates of electors were sent to Congress from seven contested states that were in fact won by Joe Biden. Trump and his allies might have hoped to use them as justification for having Biden’s wins in those states rejected.Congressman Bennie Thompson, the chairman of the select committee, said that he had authorized subpoenas to 14 Republicans who were listed as the chairperson and the secretary of each group of “alternate electors” in order to learn how the scheme was coordinated.The move by the select committee comes days after the deputy attorney general, Lisa Monaco, confirmed that the justice department had opened an investigation into the scheme, raising the stakes for the fake electors and any Trump White House aides who may have been involved.Thompson issued subpoenas to the two most senior Republicans who signed onto the fake certificates in Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin, including several prominent current and former state Republican party leaders.The subpoena targets included: Nancy Cottle, Loraine Pellegrino, David Shafer, Shawn Still, Kathy Berden, Mayra Rodriguez, Jewll Powdrell, Deborah Maestas, Michael McDonald, James DeGraffenreid, Bill Bachenberg, Lisa Patton, Andrew Hitt and Kelly Ruh.Trump’s plan to return himself to office rested on two elements: the existence, or possible existence, of alternate slates, and then-vice president Mike Pence using the ambiguity of “dueling slates” for Trump and Biden to reject those results at Biden’s certification.The effort to subvert the results of the 2020 election at the joint session of Congress on 6 January fell apart after Pence refused to abuse his ceremonial role to certify the results, and it was clear the “alternate slates” were not legitimate certificates.But in some cases, top officials, such as Republican National Committee members Berden and DeGraffenreid and former state GOP chairs Hitt and Maestas, signed the fake certificates that used official state seals and sent them to the National Archives.“The phony electors were part of the plan to create chaos on Jan. 6,” said congressman Jamie Raskin, a member of the select committee. “The fake slates were an effort to create the illusion of contested state results,” as “a pretext for unilateral rejection of electors.”The panel is seeking to examine whether the effort was coordinated by the Trump White House and whether it amounted to a crime, according to a source familiar with the investigation. The subpoenas compel the production of documents and testimony through February.TopicsUS Capitol attackUS politicsHouse of RepresentativesRepublicansDonald TrumpUS elections 2020newsReuse this content More

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      Are New Voting Bill Talks for Real or for Show?

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      Senators involved in the negotiations underway say the discussions are serious and substantive, but some Democrats remain wary.WASHINGTON — Senator Richard Blumenthal, Democrat of Connecticut, was finally closing in on a hard-fought agreement with Republicans on a gun safety measure, following a string of horrific shootings in 2019, when the talks suddenly collapsed.New plans in the House to impeach President Donald J. Trump meant that Republicans were no longer in the mood to compromise with Democrats on anything, and the emerging accord went the way of so many seemingly promising ones on Capitol Hill in recent years, stymied by Republicans who said they were willing to accept some sort of deal — just not that one.“The world has become so polarized that our Republican colleagues come so very close to closing a deal, but then they begin staring down the abyss of their base and they recoil,” said Mr. Blumenthal, who attributed the Republican recalcitrance to fear of a political backlash for any cooperation with Democrats.The same has been true for other politically charged issues where efforts at compromise have ended up going nowhere in Congress. Republicans initially seemed willing to engage on legislation addressing immigration and police misconduct, for example, only to abruptly pull back, blaming Democrats for what they called unreasonable demands or a refusal to take hard steps that might anger their liberal supporters.So as a rump group of senators in both parties has recently ramped up discussions aimed at reaching a compromise on voting legislation, leading Democrats who saw their far broader voting rights package stall in the Senate last week have been wary.They worry that the emerging legislation could be a distraction from the pressing issue their bill was meant to address — Republican voter-suppression efforts at the state level — and amount to little more than cover for Republicans who want to appear interested in protecting election integrity despite uniformly opposing Democrats’ voting rights bill.They have taken note that Senator Mitch McConnell, the Kentucky Republican and minority leader, has blessed the effort — a telltale sign, say Democrats who have learned to be endlessly suspicious of his motives, that it might go nowhere.The Democratic fear is that once the moment passes and attention shifts away from election law to spending issues and now a contentious Supreme Court nomination, the talks will fizzle and Democrats will be left with nothing to show for their voting rights drive, even as the 2022 midterms loom and the 2024 election is just over the horizon.But leaders of the talks that now include at least 16 senators divided between Republicans and Democrats say they are substantive, gaining momentum and could produce legislation that might prevent another Jan. 6-style confrontation by focusing on fixing the deficiencies in the 135-year-old Electoral Count Act.They point to the bipartisan infrastructure measure that many of the same lawmakers were able to produce last year as their model for negotiations, and as proof that compromise is still possible.“I’m encouraged by the fact that almost every day, someone calls me and asks to join our group,” said Senator Susan Collins, the centrist Republican from Maine and a leader of the compromise effort. She characterized its members, who met virtually this week, as ranging from “pretty conservative to pretty liberal.”“This is a serious, committed group of senators from both sides of the aisle,” she said in an interview. “This is not a surface effort.”Aiding the outlook for the talks is the fact that Senator Chuck Schumer, Democrat of New York and the majority leader, is also now encouraging them. He is taking what one ally described as a wait-and-see attitude after initially lashing out at the potential compromise as a ruse to undercut the Democratic voting rights package.A separate group that includes Senator Amy Klobuchar, Democrat of Minnesota and chair of the Rules Committee, and Angus King, the Maine independent, is drafting comparable legislation.Virtually all Democrats back the idea of fixing the Electoral Count Act, which lays out the ceremonial process by which Congress makes an official count of the presidential election results to confirm the victor, to guard against its being exploited in the way that Mr. Trump and his allies attempted to do so.But they caution that it is no substitute for their proposals, which focus on countering efforts to make it harder for minorities to vote and restoring parts of the landmark Voting Rights Act.“I don’t think anybody is against fixing the piece,” Senator Chris Van Hollen, Democrat of Maryland, said about the electoral vote counting process. “But nobody should pretend that this in any way solves the bigger issues regarding the attack on our democracy.”Ms. Collins, however, says that the focus on how presidential electoral votes are tallied should be the aim of any new voting legislation as a direct response to the assault on the Capitol last January by Mr. Trump’s supporters seeking to interfere with the tally.“That the Democrats didn’t put anything on the Electoral Count Act in their 735-page bill is astounding to me given the link to Jan. 6,” Ms. Collins said.Understand the Battle Over U.S. Voting RightsCard 1 of 5Why are voting rights an issue now? 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      What the Trump Documents Might Tell the Jan. 6 Committee

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      Following last week’s Supreme Court ruling, the House panel has received material that it hopes could flesh out how the attack on the Capitol came about.The National Archives has turned over to the House select committee investigating the assault on the Capitol last Jan. 6 a large batch of documents that former President Donald J. Trump had sought to keep out of the panel’s hands, citing executive privilege.The committee has yet to make the documents public or disclose how far along it is in scrutinizing them for any new information about the roles played by Mr. Trump and his inner circle in the effort to delay certification of Joseph R. Biden Jr.’s victory in the 2020 presidential election.But in court filings, Mr. Trump, his legal team and the archives identified the documents that he was seeking to shield through claims of executive privilege, an argument that the Supreme Court rejected last week.It remains unclear how valuable the documents — at least 770 pages — will be to the investigation. But here is a list of them as identified in the court filings, what is known about them and how they might fit into the larger narrative being assembled by the committee:Proposed talking points for Mr. Trump’s press secretary and documents related to allegations of voter fraud (629 pages)Even before Election Day, Republicans and the Trump White House were pushing the notion — not backed by any evidence — that there could be widespread election fraud because of changes states enacted in response to the pandemic that made it easier for people to vote.Mr. Trump refused to concede on election night, saying publicly: “This is a fraud on the American public.” In the weeks that followed, the White House — through Kayleigh McEnany, the press secretary at the time — amplified Mr. Trump’s messaging from the briefing room and on television and social media.The materials could help the committee document the extent and intensity of the effort inside the White House to promote the baseless claims, along with more details about which members of the administration were most involved in the false claims.Presidential activity calendars and a handwritten note concerning Jan. 6 (11 pages)In a typical White House, a president’s calendar can provide an intimate picture of who the president meets with and the topics he may be discussing. Though Mr. Trump had a far less regimented schedule, there were still some meetings and events on his calendar, and aides kept track of where he was and what he was planning to do. The committee has indicated that it is especially interested in any communications that Mr. Trump had around Jan. 6 with top aides like Mark Meadows, the chief of staff, or with Vice President Mike Pence. A detailed calendar or notes could also help shed light on Mr. Trump’s activities as the riot unfolded on Capitol Hill.Mr. Trump’s supporters before his rally on the Ellipse on Jan. 6, 2021.Jason Andrew for The New York TimesA draft of Mr. Trump’s speech for the “Save America” rally that preceded the mob attack (10 pages)On Jan. 6, Mr. Trump and his allies spoke at a rally on the Ellipse before his supporters marched more than a mile to the Capitol. The draft speech — which Mr. Trump’s longtime aide, Stephen Miller, helped write — would show whether Mr. Trump’s incendiary language that encouraged the protesters was ad-libbed by him or whether it was included by his speechwriters, who may have been coordinating the president’s messaging with others. In his book, Mr. Meadows claimed Mr. Trump had ad-libbed his remarks telling the crowd to march on the Capitol.A note from Mr. Meadows about briefings and calls about the certification of the election and related issues (2 pages)In the days leading up to Jan. 6, there was a flurry of meetings in the Oval Office. Among the most dramatic was one on Jan. 4, when Mr. Trump had a lawyer named John Eastman — who had written a memo essentially saying that the vice president had immense powers to decide who won the election — make the argument directly to Mr. Pence that he could delay the certification of the election on Jan. 6. (Mr. Pence later rejected the advice.) On Jan. 2, three of Mr. Trump’s advisers — Rudolph W. Giuliani, Peter Navarro and Mr. Eastman — held a conference call with about 300 state lawmakers about election fraud. On Jan. 4, Phil Waldron, a former U.S. Army colonel who rose to prominence in Mr. Trump’s inner circle after the election, said members of his team briefed some senators on foreign interference in the election. Mr. Waldron said he personally gave the same briefing the next day to members of the House.Details of meetings like those, and the planning for them, could help the committee assess whether Mr. Trump’s efforts justify a criminal referral to the Justice Department on a charge like obstructing an official proceeding in Congress.A draft executive order on the topic of election integrity (4 pages)A range of outside advisers were pushing for Mr. Trump to sign executive orders to help him block or slow certification of the election. Among the most audacious was one that said Mr. Trump could use the Defense Department to seize voting machines based on false claims that there had been foreign interference in the election. Mr. Trump’s first national security adviser, Michael T. Flynn, and a lawyer advising him, Sidney Powell, were urging Mr. Trump to take this action. A copy of a draft executive order about seizing election machines was posted on Politico’s website on Friday.But that memo is three pages, and the National Archives described a memo that is four pages. There is another memo, mentioned in a recent disclosure to the committee by the Trump ally Bernard Kerik, that could also fit this description. It was withheld by Mr. Kerik under the theory of executive privilege but was described in a log of documents that Mr. Kerik refused to turn over as, “DRAFT LETTER FROM POTUS TO SEIZE EVIDENCE IN THE INTEREST OF NATIONAL SECURITY FOR THE 2020 ELECTIONS.”Handwritten notes from the files of Mr. Meadows (3 pages)As chief of staff, Mr. Meadows served both as a top aide and as a conduit for outside advisers, including members of Congress, to contact Mr. Trump and visit him at the White House. Mr. Meadows has provided investigators with hundreds of pages of documents that he had on his personal phone but has refused to sit for questioning, leading the committee to ask the Justice Department to prosecute him. His notes could potentially shed light on what Mr. Trump was hearing and saying at key moments.Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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      Ivanka Trump asked to cooperate with Capitol attack committee

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      Ivanka Trump asked to cooperate with Capitol attack committeeInvestigators seek testimony from former first daughter, with panel increasingly focused on Donald Trump’s inner circle The House select committee investigating the Capitol attack is asking Ivanka Trump, the daughter of the former president, to appear for a voluntary deposition to answer questions about Donald Trump’s efforts to stop the certification of Joe Biden’s election victory.Biden warns Russia will ‘pay a heavy price’ if Putin launches Ukraine invasion – liveRead moreThe move by the panel marks an aggressive new phase in its inquiry into the 6 January insurrection, as House investigators seek for the first time testimony from a member of the Trump family about potential criminality on the part of the former president.Congressman Bennie Thompson, the chair of the select committee, said in an 11-page letter to Ivanka Trump that the panel wanted to ask about Trump’s plan to stop the certification, and his response to the Capitol attack, including delays to deploying the national guard.Ivanka Trump was a senior adviser to her father during her presidency, as was her husband Jared Kushner. The two were seen as a power couple very close to the inner workings of the Trump White House.The questions to Ivanka appear directed at a key issue: whether her father oversaw a criminal conspiracy on 6 January that also involved obstructing a congressional proceeding – a crime.The letter said that the panel first wanted to question Ivanka Trump about what she recalled of a heated Oval Office meeting on the morning of the 6 January insurrection when the former president was trying to co-opt Mike Pence into rejecting Biden’s win.The former president was on the phone with the then vice-president in an Oval Office meeting with Ivanka and Keith Kellogg, a top Pence aide, the letter said. When Pence demurred on the former president’s repeated request, Ivanka turned to Kellogg and said Pence was “a good man”.Thompson said in the letter that the panel wanted to learn more about that exchange with Pence she heard, as well as other conversations about impeding the electoral count at the joint session of Congress on 6 January that she may have witnessed or participated in.“The committee has information suggesting that President Trump’s White House counsel may have concluded that the actions President Trump directed Vice-President Pence to take would … otherwise be illegal. Did you discuss these issues?” the letter said.Thompson added House investigators had additional questions about whether Trump could shed light on whether the former president had been told that such an action might be unlawful, and yet nonetheless persisted in pressuring Pence to reinstall him for a second term.The letter said the select committee was also interested in learning more from Trump about her father’s response to the Capitol attack on 6 January, and discussions inside the White House about the former president’s tweet castigating Pence for not adopting his plan.Thompson said the nagging question for Ivanka Trump – who White House aides thought had the best chance of having the former president condemn the rioters – was what she did about the situation and why her father did not call off the rioters in a White House address.The select committee said in the letter that they also wanted to ask her about what she knew with regard to the long delay in deploying the national guard to the Capitol, which allowed the insurrection to overwhelm law enforcement into the afternoon of 6 January.Thompson said that House investigators were curious why there appeared to have been no evidence that Trump issued any order to request the national guard, or called the justice department to request the deployment of personnel to the Capitol.Speaking to the Guardian and a small group of reporters on Thursday, the chairman of the select committee said that the immediate focus for the investigation was on the former president’s daughter and not subpoenas to Republican members of Congress.Thompson said the panel would be “inviting some people to come and talk to us. Not lawmakers right now. Ivanka Trump.”The letter comes after the US supreme court, in another blow to the former president, late on Wednesday rejected his request to block the release of more than 700 of the most sensitive of White House documents he had tried to hide from the select committee.The former president’s defeat means those documents – including presidential diaries, notes and memos from the files of top aides including the former White House chief of staff Mark Meadows – that could shed light on the Capitol attack can now be transferred to Congress.TopicsUS Capitol attackIvanka TrumpUS politicsDonald TrumpHouse of RepresentativesnewsReuse this content More

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      How Jan. 6 Gave the 14th Amendment New Life

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      Legal scholars say a long-forgotten provision of the Constitution could bar from office anyone who encouraged the Capitol riot.An obscure 19th-century provision of the U.S. Constitution that barred members of the Confederacy from holding political office is back in the national conversation — and some are hoping it can keep Donald J. Trump and his allies off the ballot.After the Civil War, Congress sought to remake the politics of the states they had just defeated on the battlefield. Fearing that the grandees of the Old South would slink back to power, they crafted Section 3 of the 14th Amendment, known as the Disqualification Clause.The provision applied to anyone who had previously taken an oath to support the Constitution and then either “engaged in insurrection or rebellion” against the United States or gave “aid or comfort to the enemies thereof.”The clause, tucked into an amendment better known for extending citizenship to African Americans, was largely an object of academic curiosity until last week. That’s when lawyers representing a group of North Carolina voters filed a novel legal challenge seeking to keep Representative Madison Cawthorn off the ballot this year.Cawthorn is a close ally of Mark Meadows, Trump’s former chief of staff, and has made comments suggesting he supported the Jan. 6 riot at the Capitol. The complaint alleged that his actions trigger the Disqualification Clause, making him ineligible to serve in Congress.Cawthorn has shrugged off the challenge.“Over 245,000 patriots from Western North Carolina elected Congressman Cawthorn to serve them in Washington,” said Luke Ball, a spokesman for Cawthorn. “A dozen activists who are comically misinterpreting and twisting the 14th Amendment for political gain will not distract him from that service.”For now, the challenge is on hold while redistricting litigation in the state plays out. But it’s likely to be just one of many similar actions to come.“Madison Cawthorn was the first, but it’s safe to say he won’t be the last,” Ron Fein, a lawyer for Free Speech for People, the group behind the complaint, said in an interview.An outside-in strategyWin or lose, the Cawthorn case could help investigators in Washington by unlocking new evidence about the North Carolina lawmaker’s activities related to Jan. 6. He might have to sit for a deposition and have to turn over, say, his phone and email records.As the litigation makes its way through the court system, it could also help clear up a few broader questions:Was Jan. 6 an “insurrection,” legally speaking?What does it mean to be “engaged” in insurrection, and what level of involvement triggers the Disqualification Clause?Does Congress need to pass a law or resolution to activate it?“Most people, me included, think it was an insurrection, but neither Congress nor the courts have made that official determination,” said Mark Graber, a legal historian at the University of Maryland.Laurence Tribe, an influential law professor at Harvard University, has held private conversations with several members of Congress on the topic as they puzzle through how statutes written in the 1860s might apply in an entirely new context. And while Tribe’s view is that Jan. 6 was indeed an insurrection, it is by no means obvious how courts will interpret the 14th Amendment without clearer signals from Congress.“You’re dealing with a very murky and open area of constitutional law,” Tribe said in an interview.Even one of the foremost experts on the Disqualification Clause, Gerard Magliocca of Indiana University, called it “vestigial” in a well-timed paper on the subject published in 2020 three weeks before Jan. 6. He has since become an advocate for applying it to disqualify Trump from running for president in 2024.“We have to dust it off,” said Representative Jamie Raskin, a Democrat of Maryland who has consulted with Tribe on the topic. “It hasn’t been used in more than a century.”In fact, it’s been used precisely once since the Reconstruction era — in the 1919 case of Victor L. Berger, a socialist from Wisconsin who was removed from Congress after being accused of harboring pro-German sympathies. Berger was later reinstated when the Supreme Court tossed out his conviction for espionage, on the grounds that the judge harbored an anti-German bias.Fox News weighs inFor now, the Disqualification Clause is getting more attention on Fox News than it is within Congress — driven almost entirely by a single tweet from Marc Elias, the Democratic Party’s top election lawyer, who had predicted the provision might soon arise in litigation.Tucker Carlson, the Fox News opinion host, held a nearly four-minute segment on Elias’s 38-word post.“So, if you don’t want to lose the Congress, just ban the other side from running,” Carlson said sarcastically, going on to compare the idea that Jan. 6 was an insurrection to a belief in U.F.O.s.“This would require establishing that such individuals supported an actual insurrection,” Laura Ingraham, Carlson’s Fox News colleague, said of the Elias tweet a day later. “Good luck with that.”Inside the committee investigating the Jan. 6 riot, however, the Disqualification Clause has not come up in any detail.Some Democratic lawmakers — including Raskin, Senator Tim Kaine of Virginia and a few others — did float the idea a year ago. At the time, they were searching for a way to hold Trump accountable that would require only a simple majority vote in the Senate.But when Democratic legal experts investigated the concept, they determined that the Disqualification Clause was not “self-executing” — that is, Congress would need to pass a law or resolution to use it and clarify how it applies today. One can’t just declare someone an insurrectionist, they decided; Congress has to create the legal infrastructure to try someone and give them due process before taking away their right to hold public office. That made it less attractive as an alternative to impeachment.Depending on what the Jan. 6 panel uncovers, it’s possible to imagine the committee will recommend punishing lawmakers who were somehow involved in the riot. It’s also possible Democrats will decide to take their case to voters instead.Key Figures in the Jan. 6 InquiryCard 1 of 16The House investigation. More

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      Rudy Giuliani and 3 Others Subpoenaed by Jan. 6 Committee

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      The House committee investigating the Capitol riot called for documents and testimony from Rudolph W. Giuliani and other members of President Donald J. Trump’s legal team.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol on Tuesday subpoenaed Rudolph W. Giuliani and other members of the legal team that pursued a set of conspiracy-filled lawsuits on behalf of former President Donald J. Trump in which they made unsubstantiated claims of fraud in the 2020 presidential election.In addition to Mr. Giuliani, Mr. Trump’s personal lawyer and a ringleader of the group, the panel subpoenaed three others who played central roles in his effort to use the courts, state legislatures and Congress to try to overturn his defeat.Jenna Ellis drafted a memo on how Mr. Trump could invalidate the election results by exploiting an obscure law. Sidney Powell, a lawyer who worked on many of the lawsuits with Mr. Giuliani, ran an organization that raised millions of dollars based on false claims that election machines were rigged. Boris Epshteyn pursued allegations of election fraud in Nevada and Arizona and is said to have participated in a call with Mr. Trump on the morning of Jan. 6, “during which options were discussed to delay the certification of election results,” the committee said.“The four individuals we’ve subpoenaed today advanced unsupported theories about election fraud, pushed efforts to overturn the election results or were in direct contact with the former president about attempts to stop the counting of electoral votes,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement.The subpoena to Mr. Giuliani, obtained by The New York Times, seeks all documents he has detailing the pressure campaign he and other Trump allies initiated targeting state officials; the seizure of voting machines; contact with members of Congress; any evidence to support the bizarre conspiracy theories pushed; and any arrangements for his attorney’s fees.The panel instructed the four witnesses to turn over documents and submit to an interview in February.The latest subpoenas came as the committee, which has interviewed nearly 400 witnesses, has issued a wide range of demands for records, including to banks and phone companies. On Tuesday, CNN reported that the committee had also obtained logs of phone calls and text messages belonging to the former president’s son Eric Trump and to Kimberly Guilfoyle, the girlfriend of another son, Donald Trump Jr. The logs do not reveal the content of the messages.A committee spokesman declined to comment on that report.For weeks after the election, Mr. Giuliani and his team — which Ms. Ellis described as an “elite strike force” — promoted baseless claims of voter fraud through failed lawsuits, news conferences, media appearances and meetings with lawmakers.The committee said in a letter to Mr. Giuliani that its investigation had revealed “credible evidence” that he participated in attempts to “disrupt or delay the certification of the election results,” persuade state legislators to “take steps to overturn the election results” and urge Mr. Trump to order the seizure of voting machines.Mr. Giuliani claimed fraud at a series of unofficial state legislative hearings, and even argued one election fraud case himself, in federal court in Philadelphia, where he suffered a decisive defeat.“Voters, not lawyers, choose the president,” the court declared at one point.On Jan. 6, speaking to a crowd of Trump supporters before the attack on the Capitol, Mr. Giuliani called for “trial by combat.” Later, as the building was under siege, he called lawmakers in an attempt to delay the certification of Joseph R. Biden Jr.’s victory.“Senator Tuberville, or I should say Coach Tuberville, this is Rudy Giuliani, the president’s lawyer,” Mr. Giuliani said in a voice mail message intended for Senator Tommy Tuberville, Republican of Alabama, but mistakenly left on the phone of Senator Mike Lee, Republican of Utah. “I’m calling you because I want to discuss with you how they’re trying to rush this hearing and how we need you, our Republican friends, to try to just slow it down.”Ms. Ellis, the committee said, “prepared and circulated” two memos analyzing the constitutional authority for former Vice President Mike Pence to reject or delay counting electoral votes from states where Mr. Trump’s allies had attempted to arrange for the submission of an alternate slate of electors. In the memos, obtained by Politico, Ms. Ellis advised that Mr. Pence had the authority to not count electoral votes from six states in which the Trump campaign falsely alleged there was widespread fraud.Ms. Powell was among the leading promoters of some of the most far-fetched and fantastical claims of widespread voter fraud, including a bizarre conspiracy theory alleging a vast plot by China, Venezuela and the financier George Soros to hack into Dominion Voting Systems machines to flip votes away from Mr. Trump to Mr. Biden.She, too, urged Mr. Trump to seize voting machines, according to the committee.In December, Mr. Trump considered naming Ms. Powell to be a special counsel overseeing an investigation of voter fraud, even after his campaign had sought to distance itself from her as she aired wild and baseless claims about Dominion voting machines.Her organization, Defending the Republic, raised $14.9 million between December 2020 and July. Ms. Powell’s group has more than $9.3 million in funds on hand, according to an independent audit filed with Florida, which investigated the organization and alleged multiple violations of state law.Mr. Epshteyn reportedly attended planning meetings at the Willard Hotel in the days leading up to Jan. 6, the committee said. The panel, citing reporting from The Guardian, said he also participated in a call with Mr. Trump the morning of Jan. 6 that included a discussion of Mr. Pence’s “unwillingness to deny or delay the certification.”Key Figures in the Jan. 6 InquiryCard 1 of 14The House investigation. More