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    Top Trump aides set to defy subpoenas in Capitol attack investigation

    US Capitol attackTop Trump aides set to defy subpoenas in Capitol attack investigationSource says Meadows, Bannon and others will move to undercut House select committee inquiry – under instructions from Trump Hugo Lowell in WashingtonWed 6 Oct 2021 01.30 EDTLast modified on Wed 6 Oct 2021 01.32 EDTFormer Trump White House chief of staff Mark Meadows and other top aides subpoenaed by the House select committee investigating the Capitol attack are expected to defy orders for documents and testimony related to 6 January, according to a source familiar with the matter.The move to defy the subpoenas would mark the first major investigative hurdle faced by the select committee and threatens to touch off an extended legal battle as the former president pushes some of his most senior aides to undercut the inquiry.All four Trump aides targeted by the select committee – Meadows, deputy chief of staff Dan Scavino, strategist Steve Bannon and defense department aide Kash Patel – are expected to resist the orders because Trump is preparing to direct them to do so, the source said.Capitol attack committee issues fresh subpoenas over pre-riot Trump rally Read moreThe select committee had issued the subpoenas under the threat of criminal prosecution in the event of non-compliance, warning that the penalty for defying a congressional subpoena would be far graver under the Biden administration than during the Trump presidency.But increasingly concerned with the far-reaching nature of the 6 January investigation, Trump and his legal team, led by former deputy White House counsel Patrick Philbin, are moving to instruct the attorneys for the subpoenaed aides to defy the orders.The basis for Trump’s pressing aides to not cooperate is being mounted on grounds of executive privilege, the source said, over claims that sensitive conversations about what he knew in advance of plans to stop the certification of Joe Biden’s election victory should remain secret.Philbin appears less convinced than Trump about the strength of the legal argument, the sources said, in part because the justice department previously declined to assert the protection for 6 January testimony, suggesting it did not exist to protect Trump’s personal interests.The former president’s lawyer, sources said, instead seems to view the strategy more as an effective way to slow-walk the select committee, which is aiming to produce a final report before the 2022 midterm elections, to keep the inquiry non-partisan.It was not clear on Tuesday whether Trump would push aides to defy all elements of the subpoenas, the source cautioned – access to some emails or call records demanded by the select committee might be waived.But Trump’s strategy mirrors the playbook he used to prevent House Democrats from deposing his top advisors during his presidency. Former White House counsel Don McGahn, for instance, only testified to congress about the Mueller inquiry once Trump left office.House select committee investigators had demanded that the four Trump aides turn over emails, call records and other documents related to the Capitol attack by Thursday and then appear before the panel for closed-door depositions next week.But with the former president expected to insist to Philbin that Meadows, Scavino, Bannon and Patel mount blanket refusals against the subpoenas, the sources said, the select committee at present appears likely to see none of the requests fulfilled.The move means that House select committee investigators now face the key decision over how to enforce the orders – and whether they make a criminal referral to the justice department after the Thursday deadline for documents or next week’s crunch date for testimony.House select committee chairman Bennie Thompson told reporters recently that he was prepared to pursue criminal referrals to witnesses who defied subpoenas and subpoena deadlines, as the panel escalates the pace of its evidence-gathering part of its investigation.“We’ll do whatever the law allows us to do,” Thompson said last Friday on the subject of prosecuting recalcitrant witnesses. “For those who don’t agree to come in voluntarily, we’ll do criminal referrals.”A spokesperson for the select committee declined to comment about how the panel intended to secure compliance. The legal battle to force some of Trump’s most senior White House aides to comply with the subpoenas – however it is manifested – is likely to lead to constitutional clashes in court that would test the power of Congress’s oversight authority over the executive branch.But members of the select committee in recent days have expressed quiet optimism at least about the potential prosecution of witnesses who might defy subpoenas, in part because of the Biden administration’s public support for the investigation.The select committee said in the subpoena letters to Meadows, Bannon, Scavino and Patel that they were key persons of interest over what they knew about the extent of Trump’s involvement in the Capitol attack, which left five dead and more than 140 injured.Meadows, the former White House chief of staff, remains of special interest to House select committee investigators since he was involved in efforts to subvert the results of the 2020 election and remained by Trump’s side as rioters stormed the Capitol in his name.He was also in contact with Patel over at the defense department, the select committee asserted, and communicated with members of the Women for America First group that planned the ‘Stop the Steal’ rally that deteriorated into the 6 January insurrection.Scavino, the former White House deputy chief of staff, became a person of interest after it emerged that he met with Trump the day before the Capitol attack to discuss how to persuade members of Congress not to certify the election, according to his subpoena letter.The select committee said in the subpoena letter to Bannon that they wanted to hear from Trump’s former chief strategist, who was present at the Willard Hotel on 5 January to strategize with Trump campaign officials how to stop the election certification.Patel, meanwhile, is under scrutiny since he was involved in Pentagon discussions about security at the Capitol before and after the riot. The select committee added they were also examining reports Trump tried to install him as deputy CIA director.TopicsUS Capitol attackUS politicsDonald TrumpTrump administrationRepublicansHouse of RepresentativesUS CongressnewsReuse this content More

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    The Once and Future Threat of Trump

    Last fall, before the November election, Barton Gellman wrote an essay for The Atlantic sketching out a series of worst-case scenarios for the voting and its aftermath. It was essentially a blueprint for how Donald Trump could either force the country into a constitutional crisis or hold onto power under the most dubious of legal auspices, with the help of pliant Republican officials and potentially backed by military force.Shortly afterward I wrote a column responding, in part, to Gellman’s essay, making a counterargument that Trump wasn’t capable of pulling off the complex maneuvers that would be required for the darker scenarios to come to pass. Whatever Trump’s authoritarian inclinations or desires, I predicted, “any attempt to cling to power illegitimately will be a theater of the absurd.”That column was titled “There Will Be No Trump Coup.” Ever since Jan. 6, it’s been held up as an example of fatal naïveté or click-happy contrarianism, whereas Gellman’s article is regularly cited as a case of prophecy fulfilled. In alarmed commentary on Trumpism like Robert Kagan’s epic recent essay in The Washington Post, the assumption is that to have doubted the scale of the Trumpian peril in 2020 renders one incapable of recognizing the even greater peril of today. In a paragraph that links to my fatefully titled column, Kagan laments the fatal lure of Pollyannaism: “The same people who said that Trump wouldn’t try to overturn the last election now say we have nothing to worry about with the next one.”One odd thing about the underlying argument here is that in certain ways it’s just a matter of emphasis. I don’t think we have “nothing to worry about” from Trump in 2024 and I didn’t argue that he wouldn’t try (emphasis on try) to overturn the election in 2020. I agree with Kagan that the success of Trump’s stolen election narrative may help him win the Republican nomination once again, and I agree with him, as well, that it would be foolish not to worry about some kind of chaos, extending to crisis or paralysis in Capitol Hill, should a Trump-Biden rematch turn out to be close.But emphasis matters a great deal. The Kagan thesis is that the Trump threat is existential, that Trump’s movement is ever more equivalent to 1930s fascism and that only some sort of popular front between Democrats and Romney Republicans can save the Republic from the worst. My thesis is that Trump is an adventurer of few consistent principles rather than a Hitler, that we’ve seen enough from watching him in power to understand his weaknesses and incapacities, and that his threat to constitutional norms is one of many percolating dangers in the United States today, not a singular danger that should organize all other political choices and suspend all other disagreements.To draw a parallel from the not-too-distant past, Kagan regards Trump the way he once regarded Saddam Hussein, whose regime he depicted as such a grave and unique threat that it made sense to organize American foreign policy around its removal. Whereas an alternative possibility is that just as Hussein’s threat to the American-led world order was real but ultimately overstated by supporters of the Iraq War, so, too, Trump is a dangerous man, both a species and agent of American degradation, who nevertheless doesn’t fit in Kagan’s absolutist 1930s categories.History may eventually reveal that Kagan, so wrong about the Iraq war, is now correct about the Trump wars. In that case, in some future of sectional breakdown or near-dictatorship, my own threat-deflating Trump-era punditry will deserve to be judged as harshly as Kagan’s Bush-era threat inflation.But that judgment is far from settled. Let’s consider those autumn of 2020 essays I started with. In hindsight, Gellman’s essay got Trump’s intentions absolutely right: He was right that Trump would never concede, right that Trump would reach for every lever to keep himself in power, right that Trump would try to litigate against late-counted votes and mail-in ballots, right that Trump would pressure state legislatures to overrule their voters, right that Trump’s final attention would be fixed on the vote count before Congress.If you compare all those Trumpian intentions with what actually transpired, though, what you see again and again is his inability to get other people and other institutions to cooperate.In one of Gellman’s imagined scenarios, teams of efficient and well-prepared Republican lawyers fan out across the country, turning challenges to vote counts into “a culminating phase of legal combat.” In reality, a variety of conservative lawyers delivered laughable arguments to skeptical judges and were ultimately swatted down by some of the same jurists — up to and including the Supreme Court — that Trump himself had appointed to the bench.In another Gellman scenario, Trump sends in “Federal Personnel in battle dress” to shut down voting and seize uncounted ballots. In reality, the military leadership hated Trump and reportedly spent the transition period planning for how to resist orders that he never gave.Further on in his scenarios, Gellman suggested that if Trump asked “state legislators to set aside the popular vote and exercise their power to choose a slate of electors directly,” this pressure could be extremely difficult for the legislators to resist. In reality, Trump did make the ask, and every state government dismissed it: No statehouse leader proposed setting aside the popular vote, no state legislature put such a measure on the floor, no Republican governor threatened to block certification.Finally, Gellman warned that if the counting itself was disputed, “the Trump team would take the position” that Vice President Mike Pence “has the unilateral power to announce his own re-election, and a second term for Trump.” We know now that John Eastman, a Trump legal adviser, ultimately made an even wilder argument on the president’s behalf — that Pence could declare count was disputed even without competing slates of electors from the states and try to hand Trump re-election. But the White House’s close Senate allies reportedly dismissed this as a fantasy, and in the end so did Pence himself.At almost every level, then, what Gellman’s essay anticipated, Trump tried to do. But at every level he was rebuffed, often embarrassingly, and by the end his plotting consisted of listening to charlatans and cranks proposing last-ditch ideas, including Eastman’s memo, that would have failed just as dramatically as Rudy Giuliani’s lawsuits did.Which was, basically, what my own “no coup” essay predicted: not that Trump would necessarily meekly accept defeat, but that he lacked any of the powers — over the military, over Silicon Valley (“more likely to censor him than to support him in a constitutional crisis,” I wrote, and so it was), over the Supreme Court, over G.O.P. politicians who supported him in other ways — required to bend or shatter law and custom and keep him in the White House.Instead, once he went down the road of denying his own defeat, Trump was serially abandoned by almost all the major figures who were supposedly his cat’s paws or lackeys, from Bill Barr to Brett Kavanaugh to Brian Kemp to Senators Lindsey Graham and Mike Lee and Pence. All that he had left, in the end, were Sidney Powell’s fantasy lawsuits, Eastman’s fantasy memo and the mob.I did, however, underestimate the mob. “America’s streets belong to the anti-Trump left,” I wrote, which was true for much of 2020 but not on Jan. 6, 2021. And that underestimation was part of a larger one: I didn’t quite grasp until after the election how fully Trump’s voter-fraud paranoia had intertwined with deeper conservative anxieties about liberal power, creating a narrative that couldn’t keep Trump in power but could keep him powerful in the G.O.P. — as the exiled king, unjustly deposed, whom the right audit might yet restore to power.That Trump-in-exile drama is continuing, and it’s entirely reasonable to worry about how it might influence a contested 2024 election. The political payoff for being the Republican who “fights” for Trump in that scenario — meaning the secretary of state who refuses to certify a clear Democratic outcome, or the state politician who pushes for some kind of legislative intervention — may be higher in three years than it was last winter. There could also be new pressures on the creaking machinery of the Electoral Count Act should Republicans control the House of Representatives.But as I’ve argued before, you have to balance that increased danger against the reality that Trump in 2024 will have none of the presidential powers, legal and practical, that he enjoyed in 2020 but failed to use effectively in any shape or form. And you have to fold those conspicuous failures, including the constant gap between Gellman’s dire scenarios and Trump’s flailing in pursuit of them, into your analysis as well. You can’t assess Trump’s potential to overturn an election from outside the Oval Office unless you acknowledge his inability to effectively employ the powers of that office when he had them.This is what’s missing in the Kagan style of alarmism. “As has so often been the case in other countries where fascist leaders arise,” he writes of Trump, “their would-be opponents are paralyzed in confusion and amazement at this charismatic authoritarian.” That arguably describes the political world of 2015 and 2016, but the story of Trump’s presidency was the exact opposite: not confused paralysis in opposition to an effective authoritarian, but hysterical opposition of every sort swirling around a chief executive who couldn’t get even his own party to pass a serious infrastructure bill or his own military to bend to his wishes on Afghanistan or the Middle East.Again and again, from the first shocking days after his election to the early days of the pandemic, Trump was handed opportunities that a true strongman — from a 1930s dictator to contemporary figures like Hugo Chávez and Vladimir Putin — would have seized and used. Again and again he let those opportunities slide. Again and again his most dramatic actions tended to (temporarily) strengthen his opponents — from the firing of James Comey down to the events of Jan. 6 itself. Again and again his most alarmist critics have accurately analyzed his ruthless amorality but then overestimated his capacity to impose his will on subordinates and allies, let alone the country as a whole.That Trump is resilient nobody disputes. That his flailing incompetence can push him to unusual extremities and create unusual constitutional risks is clear as well. That he could actually beat Joe Biden (or Kamala Harris) fairly in 2024 and become president again is a possibility that cannot be discounted.But to look at all his failures to consolidate and use power and see each one as just a prelude to a more effective coup next time is to assume a direction and a destiny that isn’t yet in evidence. And it’s to hold tightly to certain familiar 20th-century categories, certain preconceptions about How Republics Fall, rather than to acknowledge the sheer shambolic strangeness, the bizarro virtual-reality atmospherics, with which our own decadence has come upon us — with Trump and through Trump but through many other forces, too.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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    Texas’ Redistricting Map Makes House Districts Redder

    2020 presidential vote margin Current congressional districts Fort Worth San Antonio Proposed districts for this decade Fort Worth San Antonio 2020 presidential vote margin Current congressional districts Proposed districts for this decade Fort Worth Fort Worth San Antonio San Antonio Current congressional districts Proposed districts for this decade Fort Worth Fort Worth San Antonio San […] More

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    Pelosi shifts infrastructure bill deadline to 31 October amid Biden frustration

    US domestic policyPelosi shifts infrastructure bill deadline to 31 October amid Biden frustrationSpeaker writes to House Democrats insisting that they will pass both bipartisan bill and wider social and environmental package Lauren ArataniSat 2 Oct 2021 15.11 EDTLast modified on Sat 2 Oct 2021 15.12 EDTThe House speaker, Nancy Pelosi, has set a new deadline for the House to pass a major infrastructure spending bill after a week of negotiations left Joe Biden’s social and environmental policy overhaul plan in a limbo.In a letter to House Democrats on Saturday, Pelosi said that the House will have until Sunday 31 October to pass the $1tn bipartisan infrastructure bill, which passed the Senate in August.‘We’re going to get it done’: Biden vows to break impasse after Capitol Hill talksRead moreProgressive Democrats in the House refused to vote on the bipartisan infrastructure bill, despite pressure from their moderate counterparts, as leverage in negotiations over a separate bill that contains massive spending on many of Biden’s campaign promises, including increased access to childcare and action on climate change.“More time was needed to reach our goal of passing both bills, which we will,” Pelosi said in the letter.Biden and progressive Democrats have advocated an overhaul plan costing $3.5tn, but centrist Democrats have refused to agree to that cost. Senator Joe Manchin of West Virginia, a key centrist in negotiations, proposed a package of $1.5tn, a significant cut to Biden’s original plan.Refusing to agree on a price that low, progressive Democrats in turn declared on Friday that they would stall a vote on the bipartisan infrastructure bill until an agreement is reached on the overhaul plan.“We made all these promises to voters across the country that we were going to deliver on this agenda. It’s not some crazy leftwing wishlist,” Pramila Jayapal, chair of the Congressional Progressive Caucus and a key House negotiator, told the Seattle Times on Friday.Centrist House Democrats indicated they were frustrated with the delayed vote on the infrastructure bill, with Josh Gottheimer, a leading centrist in the House, blasting Pelosi and progressive Democrats for stalling a vote on the infrastructure bill.“We cannot let this small faction on the far left … destroy the president’s agenda and stop the creation of 2 million jobs a year,” Gottheimer said in a statement.Talking to reporters on Saturday morning before he boarded a flight to his home in Delaware, where he is staying for the weekend, Biden said he was going to “work like hell” on selling his plan directly to the American people over the next month, educating Americans on what he has in mind for the plan.“I’m going to try to sell what I think the American people will buy,” he told reporters. “I believe that when the American people are aware of what’s in it, we’ll get it done.”Reflecting on the simmering angering between progressives and centrists in his party, Biden said: “Everybody’s frustrated. It’s a part of being in government, being frustrated.”In a rare visit to Congress, Biden told House Democrats in a private meeting on Friday that he is determined to get both bills passed, even if it means a smaller price tag for his government overhaul bill. Biden reportedly said that a compromise top line could be between $1.9tn and $2.3tn.“Even a smaller bill can make historic investments – historic investments in childcare, daycare, clean energy,” Biden told House Democrats, according to a person familiar with his remarks.In addition to negotiations over the overhaul bill, Democrats in Congress are trying to figure out a way to raise the debt ceiling to avoid the US defaulting for the first time in history. Republicans have indicated they will not vote in support of raising the debt ceiling.On Saturday, Biden told reporters that he hopes Republicans will not “be so irresponsible as to refuse to raise the debt limit”.“That would be totally unconscionable. Never been done before. And so I hope that won’t happen,” he said. TopicsUS domestic policyUS CongressUS politicsNancy PelosiHouse of RepresentativesJoe BidenDemocratsnewsReuse this content More