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    How Long Can Democracy Survive QAnon and Its Allies?

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyHow Long Can Democracy Survive QAnon and Its Allies?Politicians and political scientists wonder if there are electoral reforms that might blunt the lunacy.Mr. Edsall contributes a weekly column from Washington, D.C. on politics, demographics and inequality.Feb. 10, 2021Credit…Shannon Stapleton/ReutersHas a bloc of voters emerged that is not only alien to the American system of governance but toxic to it?“The central weakness of our political system now is the Republican Party,” Daniel Ziblatt, a political scientist at Harvard, said in an interview with Vox on Jan. 13, a week after the storming of the Capitol.“The American Republican Party looks like a European far-right party,” Ziblatt continued. “But the big difference between the U.S. and a lot of these European countries is that the U.S. only has two parties and one of them is like a European far-right party. If the G.O.P. only controlled 20 percent of the legislature, like you see in a lot of European countries, this would be far less problematic — but they basically control half of it.”A central question, then, is how distant from the rest of the American electorate the voters who align themselves with the radical wing of the Republican Party are.Rachel M. Blum and Christopher Sebastian Parker, political scientists at the Universities of Oklahoma and Washington, conducted a two-wave panel study of the MAGA movement in late December 2020 and the second half of January 2021 that was designed to answer this question and others.They found that “at least 60 percent of them are white, Christian and male. Further, around half are retired, over 65 years of age, and earn at least $50K per year. Finally, roughly 30 percent have at least a college degree.” More than 50 percent were born at a time of white hegemony, before the civil rights and women’s rights movements and the sexual revolution.Overwhelming majorities of the 1,431 MAGA supporters surveyed by Blum and Parker — from 80 to 99 percent — said they were concerned that “real Americans are losing freedoms”; “our lives are controlled by secret plots”; “unknown actors make the big decisions” and “forces are changing our country for the worse.”These MAGA supporters, who were recruited after signaling sympathy for the movement on Facebook, were rock-solid Republicans, Blum and Parker found, voting at or near 100 percent for the party’s House and Senate candidates in 2018 and 2020, and for Trump last year. They are far more engaged in politics — contributing money, going to meetings and volunteering — than the average American. “By any metric, this group appears committed to the political process,” Blum and Parker wrote.Not only are these voters partisan, the authors note, but “when we asked our respondents about whether or not they agreed with Trump’s fraud claims, 98 percent believed them valid.”Blum and Parker cited a Pew Research Center survey that found “75 percent of Americans believe that Trump bears at least some responsibility” for the Jan. 6 mob attack on Congress. Among all Republicans, “this figure declines significantly to 52 percent.”Blum and Parker also asked MAGA supporters whether Trump “bears responsibility for the Capitol riot.” They found that “barely 30 percent of these respondents believe Trump bears any responsibility whatsoever,” and, of those, more than half said Trump bears “a little” responsibility.In contrast, they wrote, “roughly 95 percent of MAGA supporters believe Antifa — the left wing protest group — bears some responsibility for the riots,” with more than 85 percent agreeing that Antifa bears “a great deal” or “a lot” of responsibility.Along similar lines, a Washington Post/ABC News survey taken Jan. 10-13 demonstrated how the views of a majority of Republicans stand far apart from the views of a majority of Americans.Asked if Trump has acted “responsibly” or “irresponsibly” since the Nov. 3 election, the 1002 adults polled chose “irresponsibly” by 66-30. Republicans, in contrast, chose “responsibly” by 66-29.Are Trump’s claims of election fraud “based on solid evidence?” All adults: 62 percent no, 31 percent yes. Republicans: 25 no, 65 yes.Should Trump be “charged with the crime of inciting a riot?” All adults: yes 54, no 43. Republicans: yes 12, no 84.What the panel studies and the Post survey suggest is that a majority of Republicans, primarily Trump loyalists and MAGA supporters, have evolved, as a core component of their conspiracy theories, a coded or a cryptic language — a set of symbols, or an almost occult “cipher,” revolving around something like a secret cabal. “We are Q,” read one sign at the event in Florida. “Where Go One We Go All,” read another, which is the QAnon movement’s revealing motto.Using their accusations almost as a lingua franca, a way to identify the like-minded, MAGA partisans and followers of QAnon signal one another by alleging that pedophile rings seek to wrest control of government or by alleging that school shootings were staged by leftists to win passage of gun control. They evoke a world in which unknown forces pull the levers of government, where nothing is as it seems to be. Professing your belief in claims like these attests to MAGA loyalties while expressing — in an arcane, politicized shorthand — your fervent opposition to liberalism and racial and cultural change.At the extreme, these conspiratorial views can lead to the violence and sedition of Jan. 6, which gives immediacy to the question of whether there are electoral reforms that might blunt the impact of this lunacy.Are you close to someone who has fallen for conspiracy theories? Share your story.

    Several political scholars and strategists argue that the fault lies in our political system, that the unique way America has combined its government structure with the mechanics of its elections serves to exacerbate conflict in a deeply polarized country. These scholars have produced a variety of proposals, many involving the creation of multi-member congressional districts and the encouragement of proportional representation to replace the current single district, winner-take-all system.Lee Drutman, author of “The Two-Party Doom Loop: The Case for Multi-Party Democracy in America” and a senior fellow at New America, is a leading proponent of proportional representation.In an email, Drutman contended that “a big consequence” of the reforms he and others are calling foris that the MAGA wing would be cut loose from the rest of the G.O.P. coalition and left to operate on its own. It’s certainly conceivable that there could be even a few more Marjorie Taylor Greenes and Lauren Boeberts elected, but proportional representation (PR) would also mean more Adam Kinzingers (a House Republican who is a critic of Trump) and Romney-type Republicans elected as well.Drutman wrote that he has “come to realize how much of an existential threat the current Republican Party is to the continuation of America democracy.” A two-party democracy cannot survive “for very long if one of two dominant parties gives up on the foundational institution of democracy: free and fair elections, in which all votes count equally.”In addition, Drutman wrote,I’ve also come to appreciate how much democracy depends on a conservative party that believes in democracy, and thus how important it is to create electoral institutions in this moment that will allow the currently-marginalized small “l” liberal Republicans to separate from the MAGA wing of the party and still win some representation in the Congress.Proportional representation, he argued “is the only way to break up the current Republican coalition and free the pro-democracy forces within the Republican Party to compete on their own.”What kind of parties would likely emerge under proportional representation? Drutman pointed to a separate 2019 survey by Echelon Insights, a survey research firm, that asked voters “Suppose the Democratic and Republican Parties were replaced by a new set of political parties. Which of these parties would you be most likely to support?”The firm gave respondents five choices,A nationalist-right party promising to “stop illegal immigration, put America First, stand up to political correctness” attracted 19 percent.A traditional-right party, committed to “defend the American system of free enterprise, promote traditional family,” won 21 percent.A culturally liberal and globalist party with a platform committed to “advance social progress including women’s rights and LGBTQ rights, to work with other countries through free trade and diplomacy, to cut the deficit, and reform capitalism with sensible regulation” gathered 12 percent.A center-left party committed to putting “the middle class first, pass universal health insurance, strengthen labor unions, and raise taxes on the wealthy to support programs for those less well off” amassed 28 percent.A green party with a platform calling for passage of “a Green New Deal to build a carbon-free economy with jobs for all, break up big corporations, end systemic inequality, and promote social and economic justice” picked up 10 percent.Credit…Chip Somodevilla/Getty ImagesRepresentative Don Beyer, Democrat of Virginia, plans to reintroduce The Fair Representation Act, which would, if enacted, put into place many of the reforms Drutman supports. Beyer wrote on his website that the measurewould move U.S. House elections into multi-member districts drawn by independent redistricting commissions and elected through ranked choice voting. The multi-member districts would be effective in states apportioned six or more seats in the House, and would elect three to five Representatives each, depending on the size of the state. Taken together, these three measures would incentivize congressional candidates to appeal to a broader range of voters.Drutman has received both support and criticism from specialists in elections.Gretchen Helmke, a political scientist at the University of Rochester, wrote that Bright Line Watch — a group of political scientists that conducts surveys of experts and the general public — found that there wasquite strong support among political scientists for the proposal to repeal the 1967 law mandating single member districts for the House so that states have the option to use multi-member districts on the condition that they adopt a nonwinner-take-all election model. Of the more than 500 expert respondents, 73 percent either moderately or strongly supported the proposal.Helmke noted thatMy own view has been really shaped by Lee Drutman’s excellent work on this. I agree with the general critique of the median voter theorem, which has been misinterpreted to mean that two parties automatically converge toward the middle of the ideological spectrum. Obviously, we can see that this hasn’t been true for American politics for several decades.Lilliana Mason, a political scientist at the University of Maryland, praises Drutman — “the real expert on this right now” — and noted that “if it were possible, I do think such a shift would decrease polarization because it would eliminate the zero-sum nature of American politics.”In addition, Mason pointed out thatIt shouldn’t be overlooked that a PR system would also inevitably create some version of an explicitly white nationalist party. The big question is how many members of the current G.O.P. would join/vote for that party?Brendan Nyhan, a political scientist at Dartmouth, wrote in reply to my inquiry: “I’m convinced by Lee Drutman’s argument in his Two Party Doom Loop book that we should move in this direction.”Pippa Norris, a political scientist at Harvard who examined different levels of dissatisfaction in democratic countries in “Is Western Democracy Backsliding?” finds evidence supportive of Drutman’s argument:Parliamentary democracies with PR elections and stable multiparty coalition governments, typical of the Nordic region, generate a broader consensus about welfare policies addressing inequality, exclusion, and social justice, and this avoids the adversarial winner-take-all divisive politics and social inequality more characteristic of majoritarian systems.Jennifer McCoy, a political scientist at Georgia State University, proposed a set of reforms similar, but not identical, to those of Drutman and Beyer:I would prefer ranked-choice voting with some multi-member districts for state and national legislatures, and proportional representation (by state popular vote, not by Congressional district which are already gerrymandered) for the Electoral College.” These, she wrote, “could all be accomplished with just legislative change, no constitutional amendments.Along similar lines, Jennifer Victor, a political scientist at George Mason University, emailed to say that she doubts proportional representation could be enacted in this country, butThere are a number of reforms being talked about among activists, reformers, political scientists, and other ‘thought leaders’ that are both feasible and would move the US toward a system that approximates a PR system.Victor shares the view that Congress could repeal the law mandating single winner-take-all congressional districts to allow larger, multi-member districts coupled withranked choice voting and expanding the size of the House. These reforms can be accomplished locally, or by changes in federal law and would fundamentally change the way Congress works — in ways that are both good and bad, but where the positives outweigh the negatives.Victor also acknowledges that such a system would allow “the most extreme anti-democratic forces now present in U.S. politics to be institutionalized.” But, she continued, “that faction has always been there, even when we pretended it was gone. At least under a multiparty system it would be contained and perhaps minimized.”There is no guarantee, she notes, but it is possible thatBy creating institutions that give anti-democratic factions legitimacy, they can be controlled and marginalized, rather than pretending they don’t exist and allowing them to overcome the dominant systems.Other political experts question the effectiveness, feasibility and benefits of multi-member districts and proportional representation.Stephen Ansolabehere, a political scientist at Harvard, said by email that “a PR system would be political suicide for the parties.” Why, he asked, “would either party — let alone both — want to change?”This idea, Ansolabehere, “is not going anywhere. Good armchair speculation but it has no political support.”Bruce Cain, a political scientist at Stanford, raised another set of issues:The first question to ask when considering a reform proposal is what problem are you trying to solve? If you are interested in making it easier for the center left and center right to enter into a governing coalition, then PR might be the solution.But, he continued,It would come at a cost: more government instability as potential coalition allies jockey over cabinet posts, a particular issue or a budget item. It would also give the far ends of the political spectrum continuous formal representation in the political system. The Trumps could more easily realize their goal of becoming the Le Pens of America.More important, Cain argues,If the reform goal is to end polarization and limit populism, institutional tinkering is probably not the answer: the roots of these problems lie more deeply in economic, racial and cultural divisions exacerbated by social media, globalization and automation.The very fact that there is considerable disagreement within the ranks of political scientists, a center-left constituency, suggests that prospects for major reforms of the election system by Congress are not good.The key question is whether the formation of an angry and virulently discontent base of MAGA voters in the Republican Party — spreading obscurantist, cultish pseudo-politics — will push the long-term problems of polarization past a tipping point, threatening even more dangerous levels of disruption to the political system.If growing numbers of citizens and elected officials reach that conclusion, the odds could change, as more voters and politicians join John Carey, a political scientist at Dartmouth, in the view thatThe MAGA wing would certainly win representation if we moved to multiple-winner elections. Of course, they win a lot already — and arguably hold some Republican legislators who might prefer to move toward the center hostage via primary threats. The bet on multi-winner is that the relative gains of moderates would outstrip those of extremists. It’s a bet I’d make, but still a bet.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.AdvertisementContinue reading the main story More

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    'He just rambled': Republicans unimpressed by Trump's impeachment lawyers

    The performance of Donald Trump’s legal team on the first day of his second impeachment trial has drawn sharp criticism from Republican senators and other onlookers, many of whom appeared unimpressed by the at times rambling and incoherent opening statements.Two members of the former president’s legal team, Bruce Castor and David Schoen, sought on Tuesday to persuade the Senate to dismiss the trial on constitutional grounds. Castor’s performance in particular drew criticism as waffling and lacking in focus.Several Republican senators said they didn’t understand the lawyers’ arguments. The Louisiana senator Bill Cassidy, who voted with Democrats to move forward with the trial, said Trump’s team did a “terrible job” and was “disorganized”, “random” and “did everything they could but to talk about the question at hand”.Cassidy was not the only Republican who was displeased with Trump’s defense team.Susan Collins, a Republican senator of Maine, said she was “perplexed” by Castor, who is Trump’s lead lawyer, saying he “did not seem to make any arguments at all, which was an unusual approach to take”.“The president’s lawyer just rambled on and on,” said Senator John Cornyn, a Republican of Texas. “I’ve seen a lot of lawyers and a lot of arguments, and that was not one of the finest I’ve seen.”The Texas senator Ted Cruz, one of Trump’s staunchest allies, said he didn’t think the lawyers did “the most effective job”, while praising the Maryland representative Jamie Raskin, who is acting as the Democrats’ lead prosecutor, as “impressive”.Cornyn and Cruz both still voted to dismiss the trial, along with 42 other Republican senators. Six Republicans, including Cassidy and Collins, voted with Democrats to advance the trial.Trump himself was also reportedly unhappy with his lawyers’ showing. Politico reported that sources close to the former president say he grew “increasingly frustrated” as he watched the day unfold. Other outlets, including CBS and CNN, also reported the president was disappointed, according to sources.Per @MajorCBS, “Two sources familiar with the former president’s reaction to today’s Senate proceedings described Trump as angry about his lawyers’ lackluster performances. One source said the President “didn’t sound pleased” on phone calls with close associates.— Doug Sovern (@SovernNation) February 9, 2021
    Multiple people tell me Trump was basically screaming as Castor made a meandering opening argument that struggled to get at the heart of the defense team’s argument.— Kaitlan Collins (@kaitlancollins) February 9, 2021
    The trial’s opening day saw Raskin deliver an emotional speech that recounted his personal experience of the Capitol attack, describing how his daughter and son-in-law were in an office in the Capitol and hid under a desk, where they sent what they thought were their final texts. Through tears, Raskin said: “This cannot be the future of America.”[embedded content]Castor opened his meandering presentation by praising senators as “patriots” and mentioning that he still gets lost in the Capitol. The speech included such cryptic lines as “Nebraska, you’re going to hear, is quite a judicial thinking place”. He spoke for 20 minutes before addressing the 6 January insurrection and failed to directly address the president’s actions that day or argue against the constitutionality of the impeachment trial.Castor concluded his opening comments by bizarrely daring the justice department to arrest Trump if the allegations at the heart of the impeachment trial were true.“A high crime is a felony, and a misdemeanor is a misdemeanor,” Castor said. “After he’s out of office, you go and arrest him … The Department of Justice does know what to do with such people. And so far, I haven’t seen any activity in that direction.”The New York Times’ Maggie Haberman said a Trump adviser had defended the performance as a “deliberative strategy” meant to distract from Raskin’s emotional presentation – though critics pointed out that a master strategist wouldn’t need to put out a background statement explaining their strategy.It was a performance that left many observers befuddled, with some reporters comparing the lawyer to a college student who did not do the reading before class, joking that Castor would be fired by tweet if Trump still had access to his Twitter account.I have been in this government class before, where someone hasn’t done the reading, napped through the first half of class, gets called on and just riffs for 15 minutes.— Abby D. Phillip (@abbydphillip) February 9, 2021
    If Trump still had his Twitter account, he may Tweet-fire this lawyer on the spot.— Seung Min Kim (@seungminkim) February 9, 2021
    Alan Dershowitz, who served as a member of Donald Trump’s defense team during his first impeachment trial, seemed less than impressed with Castor’s rambling presentation.“There is no argument. I have no idea what he is doing,” Dershowitz told the conservative outlet Newsmax. “I have no idea why he’s saying what he’s saying.”The Associated Press contributed reporting More

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    Impeachment trial: Trump accused of inflaming insurrection while defense insists it was free speech – live

    Key events

    Show

    4.10pm EST16:10
    Trump lawyer appears to warn of more violence if impeachment trial continues

    3.36pm EST15:36
    Trump’s defense team warns against punishing political speech

    3.07pm EST15:07
    Trump’s legal team argues impeachment trial is unconstitutional

    2.46pm EST14:46
    Raskin provides emotional account of January 6 insurrection

    1.25pm EST13:25
    Impeachment managers play videos from Capitol insurrection

    1.03pm EST13:03
    Second impeachment trial of Donald Trump begins

    12.51pm EST12:51
    Community health centers to receive one million vaccine doses, White House says

    Live feed

    Show

    4.44pm EST16:44

    Some viewers of the impeachment trial wondered why David Schoen, one of Donald Trump’s defense lawyers, kept resting his hand on his head as he took a sip of water while making his opening argument.
    Daniel Goldman, the lead counsel of the House inquiry during Trump’s first impeachment, explained it was because Schoen is an observant Jew and must cover his head and say a blessing when he drinks a sip of water.

    Daniel Goldman
    (@danielsgoldman)
    Mr. Schoen is an observant Jew who must cover his head when he takes a sip of water and quietly says a blessing. Since he is not wearing a kippah, he therefore covers his head with his hand.

    February 9, 2021

    4.35pm EST16:35

    David Schoen, one of Donald Trump’s lawyers, argued that House Democrats inappropriately delayed the impeachment trial by holding back the article of impeachment.
    But it was then-Senate majority leader Mitch McConnell who said he would not bring the chamber back early from recess to start the trial, despite Democratic leader Chuck Schumer’s requests for an emergency session to immediately begin the proceedings.
    So it is not accurate to blame Democrats for the delayed start date of the impeachment trial.

    4.26pm EST16:26

    Congresswoman Ilhan Omar pushed back against the arguments presented by Donald Trump’s defense team in the impeachment trial.
    Omar sent a tweet about the proceedings shortly after the defense team played a video showing Democrats, including Omar, calling for the impeachment of Trump as early as 2017.
    “Let’s be clear, we might have all done and said things we regret, but only Trump and the #seditioncaucus words and actions have let to an insurrection of our nation’s Capital, death and bodily harm,” the Democratic congresswoman said. “Don’t let them confuse you.”

    Ilhan Omar
    (@IlhanMN)
    Let’s be clear, we might have all done and said things we regret, but only Trump and the #seditioncaucus words and actions have let to an insurrection of our nation’s Capital, death and bodily harm. Don’t let them confuse you.

    February 9, 2021

    4.21pm EST16:21

    Lauren Aratani

    Bruce Castor’s bizarre opening argument in defense of Donald Trump could be part of the team’s “deliberative strategy,” a Trump ally is telling reporters, including the New York Times’ Maggie Haberman and NBC’s Peter Alexander.

    Peter Alexander
    (@PeterAlexander)
    A Trump source, just now, describes Castor’s argument as a “very clear, deliberative strategy.”Says defense is “lowering the temperature… before dropping the hammer on the unconstitutional nature of this impeachment witch hunt.”

    February 9, 2021

    It seems that the defense team was trying to tamper emotions after the House’s impeachment managers appeared in front of the Senate. Castor was “lowering the temperature” before the team went on to “dropping the hammer on the unconstitutional nature of this impeachment witch hunt,” according to an anonymous Trump ally who spoke to Alexander.
    It is unclear what part of Castor’s statement was part of this strategy given that he acknowledged moments ago on the Senate floor that the team “changed what we were going to do on account that we thought the House managers presentation was well done.” Perhaps the admission was part of the “deliberative strategy”?

    4.13pm EST16:13

    David Schoen criticized the House impeachment managers for playing “movies” to make their case for Donald Trump’s conviction.
    The impeachment managers opened their arguments today by playing a video showing the violence and destruction at the Capitol on January 6.

    Shortly after Schoen issued his criticism, he played his own video, showing Democrats calling for the impeachment of Trump as early as 2017.
    Schoen’s video opened with a clip of Jamie Raskin, the lead impeachment manager, as menacing music played in the background.

    4.10pm EST16:10

    Trump lawyer appears to warn of more violence if impeachment trial continues

    David Schoen, a member of Donald Trump’s legal team, accused Democrats of abusing the impeachment power to gain a political advantage.
    The former president’s lawyer argued Democrats are pursuing impeachment because they are still mad about the results of the 2016 election. (The impeachment managers’ opening argument focused exclusively on the violent insurrection at the Capitol last month, which Trump incited.)
    “I promise you that if these proceedings go forward, everyone will look bad,” Schoen said, warning that the trial would “open up new and bigger wounds across the nation”.
    Schoen then appeared to suggest that the impeachment trial could spark another civil war, saying, “This trial will tear this country apart, perhaps like we have only seen once before in American history.”

    Updated
    at 4.10pm EST

    4.01pm EST16:01

    As he concluded his opening comments, Bruce Castor also bizarrely seemed to suggest Donald Trump should be arrested if the allegations at the heart of the impeachment trial are true.
    “A high crime is a felony, and a misdemeanor is a misdemeanor,” Castor said. “After he’s out of office, you go and arrest him. … The department of justice does know what to do with such people. And so far, I haven’t seen any activity in that direction.”

    Aaron Rupar
    (@atrupar)
    Castor winds down his very bizarre speech by daring the DOJ to arrest Trump pic.twitter.com/jmoxdIU6Pm

    February 9, 2021

    3.55pm EST15:55

    Bruce Castor closed his opening comments by acknowledging that Donald Trump’s defense team was caught off guard by the strength of the House impeachment managers’ presentation.
    The former president’s lawyer said the defense team reshuffled because they thought the managers’ presentation would focus only on the question of Senate jurisdiction rather than recounting the violence and destruction of the January 6 insurrection.
    “We have counter-arguments to literally everything they have raised, and you will hear them later in the case,” Castor said.
    And with that, he handed things over to another member of Trump’s defense team, David Schoen.

    3.47pm EST15:47

    Alan Dershowitz, who served as a member of Donald Trump’s defense team during his first impeachment trial, criticized Bruce Castor’s rambling opening presentation.
    “There is no argument. I have no idea what he is doing,” Dershowitz told the conservative outlet Newsmax. “I have no idea why he’s saying what he’s saying.”

    Newsmax
    (@newsmax)
    ‘There is no argument – I have no idea what he is doing,’ @AlanDersh on Trump’s defense lawyer Bruce Castor ‘talking nice’ to U.S. Senators – via Newsmax TV’s ‘American Agenda.’ https://t.co/VlT7z8drtO pic.twitter.com/7P7uVk5X19

    February 9, 2021

    Dershowitz said Castor was too focused on “talking nice” to senators rather than making a “constitutional argument” for why the impeachment trial should be dismissed.
    “I have no idea what he’s doing. Maybe he’ll bring it home, but right now it doesn’t appear to be effective advocacy,” Dershowitz said. “Boy, it’s not the kind of argument I would have made. I’ll tell you that.”

    3.36pm EST15:36

    Trump’s defense team warns against punishing political speech

    About 20 minutes into his speech, Bruce Castor addressed the January 6 insurrection, pointing to a First Amendment defense for Donald Trump inciting the violence.
    “We can’t possibly be suggesting that we punish people for political speech in this country,” the former president’s lawyer told senators.
    The impeachment managers preemptively addressed this argument in their final pre-trial brief, which they filed earlier today.
    “The First Amendment does not immunize President Trump from impeachment or limit the Senate’s power to protect the Nation from an unfit leader,” the managers wrote in their brief.
    They added, “And even assuming the First Amendment applied, it would certainly not protect President Trump’s speech on January 6, which incited lawless action.”

    Updated
    at 3.36pm EST

    3.28pm EST15:28

    Bruce Castor, who is leading Donald Trump’s defense team, opened his presentation by praising senator as “patriots” and mentioning that he still gets lost in the Capitol sometimes.
    Castor did not directly address the president’s actions on January 6 or argue against the constitutionality of the impeachment trial.
    Reporters compared the former president’s lawyer to a college student who did not do the reading before class, joking that Castor would be fired by tweet if Trump still had access to his Twitter account.

    Abby D. Phillip
    (@abbydphillip)
    I have been in this government class before, where someone hasn’t done the reading, napped through the first half of class, gets called on and just riffs for 15 minutes.

    February 9, 2021

    James Hohmann
    (@jameshohmann)
    Bruce Castor’s opening speech feels a little like this. pic.twitter.com/D2j5soQ6s8

    February 9, 2021

    Seung Min Kim
    (@seungminkim)
    If Trump still had his Twitter account, he may Tweet-fire this lawyer on the spot.

    February 9, 2021

    3.17pm EST15:17

    The beginning of Bruce Castor’s presentation seemed to be mostly him rambling, which did not escape the attention of those watching the impeachment trial.

    Susan Glasser
    (@sbg1)
    Yes. https://t.co/tOAiYJFRCH

    February 9, 2021

    Castor, who is leading Donald Trump’s defense team, spent several minutes explaining how senators are different than other Americans. It was very unclear how that issue relates to whether the impeachment trial is constitutional.
    The contrast to House impeachment managers’ presentation, which started with a video showing the violence and destruction of the January 6 insurrection, was quite stark.

    Dave Weigel
    (@daveweigel)
    This is a “My Cousin Vinny”-level mismatch of opening statements so far

    February 9, 2021

    3.07pm EST15:07

    Trump’s legal team argues impeachment trial is unconstitutional

    The impeachment trial has now resumed, and Donald Trump’s legal team has started delivering its argument that the trial is unconstitutional.
    Lawyer Bruce Castor opened his remarks by acknowledging the “outstanding presentation” offered by the impeachment managers.
    Castor also emphasized that he and Trump’s other lawyers denounced the violence at the Capitol on January 6, saying they believed all the insurrectionists involved in the attack should be prosecuted. More

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    Trump Impeachment Team Denies Incitement in Legal Brief

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesKey TakeawaysReporter AnalysisWhere Senators StandHouse ManagersTrump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyDenying Incitement, Trump Impeachment Team Says He Cannot Be TriedThe lengthy legal brief provided the first extended defense of former President Donald J. Trump’s conduct since the Jan. 6 assault on the Capitol. It arrived as senators locked in rules for an exceedingly fast trial.“This impeachment proceeding was never about seeking justice,” wrote Bruce L. Castor Jr., a lawyer for former President Donald J. Trump, along with the rest of his defense team.Credit…Anna Moneymaker for The New York TimesPublished More

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    Democrats to open Trump impeachment trial by recounting Capitol attack

    House impeachment managers will open their prosecution of Donald Trump for “incitement of insurrection” by recounting the deadly assault on the US Capitol in harrowing and cinematic detail, rekindling for senators the chaos and trauma they experienced on 6 January.The historic second impeachment trial will open on Tuesday, on the Senate floor that was invaded by rioters, with a debate over the constitutionality of the proceedings. In a brief filed on Monday, Trump’s lawyers assailed the case as “political theater” and argued that the Senate “lacks the constitutional jurisdiction” to try a former president after he has left office – an argument Democrats promptly rejected.Exactly one week after the Capitol assault, Trump became the first president to be impeached twice by the House of Representatives. This week, he will become the first former president to stand trial. It would take 17 Republicans joining all Democrats in the Senate to find Trump guilty, making conviction highly unlikely.Nevertheless, when opening arguments begin later this week, House Democrats will try to force senators to see the assault on the Capitol as the culmination of Trump’s long campaign to overturn the result of the election he lost to Joe Biden. Relying on video and audio recordings, impeachment managers, led by the Maryland congressman Jamie Raskin, will try to marshal the anger and outrage many members of Congress expressed in the aftermath of the riot, which sought to prevent them from counting electoral college votes and thereby to disrupt the transition of power.In a 78-page brief submitted to the Senate on Monday, Trump’s lawyers laid out a two-pronged rebuttal, also arguing that his rhetoric was in no way responsible for the Capitol attack.The senators will grapple with the constitutional question on Tuesday, when they are expected to debate and vote on the matter. Though scholars and a majority of senators say they believe the trial is constitutional, many Republicans have seized on the technical argument that a former president cannot be tried for “high crimes and misdemeanors” as a way to justify support for acquitting Trump without appearing to condone his behavior.In their own pre-trial filing on Monday, the House managers dismissed the arguments laid out by Trump’s lawyers and vowed to hold Trump accountable for the “most grievous constitutional crime ever committed by a president”.“Presidents swear a sacred oath that binds them from their first day in office through their very last,” they wrote. “There is no ‘January Exception’ to the constitution that allows presidents to abuse power in their final days without accountability.”In a vote last month, all but five Republican senators voted to dismiss the trial as unconstitutional. Yet Charles Cooper, a leading conservative lawyer, rejected that view in a Wall Street Journal op-ed published on Sunday.Because the constitution also allows the Senate to disqualify former federal officials from ever again holding public office, Cooper wrote, “it defies logic to suggest that the Senate is prohibited from trying and convicting former officeholders”.The trial begins just more than a year after Trump was first impeached, for pressuring Ukraine to investigate Joe Biden’s family. He was acquitted by the Senate.Americans are now more supportive of convicting Trump, according to an ABC News/Ipsos poll released on Sunday. It found that 56% of Americans believe the Senate should convict Trump and bar him from future office.Though the exact framework of the trial remains uncertain, subject to negotiations between the Senate majority leader, Chuck Schumer, and the chamber’s Republican leader, Mitch McConnell, it is expected to move much faster than Trump’s first trial.Under a draft agreement between the leaders, obtained by the New York Times, opening arguments would begin on Wednesday, with up to 16 hours for each side. At the request of Trump’s attorneys, the proceedings will break on Friday evening for the Jewish Sabbath and resume on Sunday.The House managers are expected to forgo calling witnesses, a major point of contention during Trump’s first trial. The former president declined their request to testify, a decision Raskin said “speaks volumes and plainly establishes an adverse inference supporting his guilt”.The managers have indicated that they intend to lay out a comprehensive case, tracing Trump’s extraordinary efforts to reverse his defeat, including a call in which he pressured the Georgia secretary of state to “find” enough votes to overturn Biden’s victory there. When it became clear that all other paths were closed, they will argue, Trump turned his attention to the certification vote on Capitol Hill, encouraging supporters to attend a rally held to protest against the result.At that event, Trump implored them to “fight like hell” and march to the Capitol to register their discontent – words his defense team will argue are protected under the first amendment.The House managers contend that “it is impossible to imagine the events of 6 January occurring without President Trump creating a powder keg, striking a match, and then seeking personal advantage from the ensuing havoc”. More

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    Liz Cheney Says G.O.P. Must Move Past Trump

    AdvertisementContinue reading the main storySupported byContinue reading the main storySpurning Calls to Resign, Liz Cheney Says G.O.P. Must Move Past TrumpMs. Cheney, having fended off a challenge to her House leadership role, was defiant in defending her impeachment vote and called for Republicans to be “the party of truth.”Republican voters had been “lied to” by a president eager to steal an election, Representative Liz Cheney of Wyoming said on Sunday.Credit…Anna Moneymaker for The New York TimesFeb. 7, 2021Updated 5:24 p.m. ETWASHINGTON — Representative Liz Cheney of Wyoming waded deeper into Republicans’ identity crisis on Sunday, warning her party on the eve of a Senate impeachment trial not to “look past” former President Donald J. Trump’s role in stoking a violent attack on the Capitol and a culture of conspiracy roosting among their ranks.In her first television interview since fending off an attempt by Mr. Trump’s allies to oust her from House leadership over her vote to impeach him, Ms. Cheney said Republican voters had been “lied to” by a president eager to steal an election with baseless claims of widespread voter fraud. She cautioned that the party risked being locked out of power if it did not show a majority of Americans that it could be trusted to lead truthfully.“The notion that the election had been stolen or that the election was rigged was a lie, and people need to understand that,” Ms. Cheney said on “Fox News Sunday.” “We need to make sure that we as Republicans are the party of truth, and that we are being honest about what really did happen in 2020 so we actually have a chance to win in 2022 and win the White House back in 2024.”She added that Mr. Trump “does not have a role as a leader of our party going forward.”The remarks made plain that Ms. Cheney, a leading Republican voice trying to push the party back toward its traditional policy roots, had no intention of backing off her criticism of the former president after two attempts last week to punish her for her impeachment vote. In Washington, her critics forced a vote to try to oust her as the chairwoman of the House Republican conference, but it failed overwhelmingly on a secret ballot. And on Saturday, the Wyoming Republican Party censured her and called for her resignation.Answering that call, Ms. Cheney said on Sunday that she would not resign and suggested that Republicans in her home state continued to be fed misinformation about what had taken place. It came a few days after she privately rebuffed a request by the House Republican leader, Representative Kevin McCarthy of California, to apologize to her conference for how she handled herself around the impeachment vote, according to two people familiar with the exchange, which was first reported on Sunday by Axios.“People in the party are mistaken,” she said on Fox News of the Jan. 6 attack, which, together with nearby protests, killed five people, including a Capitol Police officer. Referring to the Black Lives Matter movement, she added: “They believe that B.L.M. and antifa were behind what happened here at the Capitol. That’s just simply not the case, it’s not true, and we’re going to have a lot of work we have to do.”Firsthand accounts, video, criminal records and swaths of other evidence leave no doubt that supporters of Mr. Trump perpetrated the attack, believing that they could stop Congress from formalizing President Biden’s election victory.Though she declined to say if she would vote to convict Mr. Trump were she a senator, Ms. Cheney urged Republicans to carefully consider the charge and the evidence. She also raised the possibility that a tweet that Mr. Trump had sent as the violence began to unfold criticizing former Vice President Mike Pence for refusing to try to single-handedly overturn the election result was “a premeditated effort to provoke violence.”“What we already know does constitute the gravest violation of his oath of office by any president in the history of the country, and this is not something that we can simply look past or pretend didn’t happen or try to move on,” Ms. Cheney said. She urged her party to “focus on substance and policy and issues” rather than remain loyal to Mr. Trump.That message is not likely to go over well with wide swaths of Republicans. Public opinion surveys suggest that Mr. Trump remains the most popular national figure in his party by far, and Republican senators appear to be lining up overwhelmingly to acquit him of the “incitement of insurrection” charge that Ms. Cheney backed.The New WashingtonLive UpdatesUpdated Feb. 5, 2021, 9:20 p.m. ETState Dept. lifts terrorist designation against Houthi rebels issued in Trump’s final days.Two G.O.P. House members, Louie Gohmert and Andrew Clyde, are fined for bypassing security screening.Biden says he will bar Trump from receiving intelligence briefings, saying his ‘erratic behavior’ cannot be trusted.Ms. Cheney also leveled sharp criticism at Representative Marjorie Taylor Greene, a freshman Republican from Georgia, whose past embrace of QAnon and a range of anti-Semitic and Islamophobic conspiracy theories roiled the House last week. Ms. Cheney said Ms. Greene’s views “do not have any place in our public discourse.”“We are the party of Lincoln,” Ms. Cheney said. “We are not the party of QAnon or anti-Semitism or Holocaust deniers, or white supremacy or conspiracy theories.”Some prominent Republican senators backed Ms. Cheney on Sunday, saying they would carefully consider the impeachment case and seek to steer the party back toward conservative policy arguments rather than personality.“Our party is right now, if you will, being tried by fire,” said Senator Bill Cassidy, Republican of Louisiana. “We win if we have policies that speak to that families sitting around the table.”Senator Patrick J. Toomey, Republican of Pennsylvania, said he was “really encouraged” by the House’s vote to keep Ms. Cheney in her leadership role. “They could have voted any way they felt right, and they maintained her role,” he said on “State of the Union” on CNN. “That’s how you begin to keep this party united and together and think about how we move on in the post-Trump era.”But Ms. Cheney, the daughter of a storied Republican family in Wyoming — her father, Dick Cheney, also represented the state in the House before he was vice president — still faces the likelihood of a motivated primary challenge for the 2022 election.And last week, even as they wagged their fingers at Ms. Greene, a vast majority of Ms. Cheney’s own House Republican conference refused to punish her. Ms. Greene emerged a day after the vote declaring she had been “freed” to push her party rightward.“The party is his,” Ms. Greene said, referring to Mr. Trump. “It doesn’t belong to anybody else.”Chris Cameron More

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    The Women Who Paved the Way for Marjorie Taylor Greene

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyThe Women Who Paved the Way for Marjorie Taylor GreeneShe’s the latest descendant in a lineage of Republican women who embrace a boffo radicalism.Opinion ColumnistFeb. 7, 2021Credit…Susan Walsh/Associated PressWhen I was coming of age as a journalist, it was an article of faith — and political science — that female Republican politicians subdued their party’s excesses. It was a measurable phenomenon, even: Republican women voted to the left of their male counterparts in Congress.But as the G.O.P. began to radicalize, becoming not just a small-government party but an anti-government party — a government delegitimization party — this taming effect ceased to be. Moderates of both sexes cleared out of the building. A new swarm of firebrands rushed in. Not only did female Republican elected officials become every bit as conservative as their male counterparts; they began, in some cases, to personify the party’s most outlandish tendencies.This is the thought I keep returning to when I think about Marjorie Taylor Greene: That there is something depressingly familiar about her. She’s the latest descendant in a lineage of Republican women who embrace a boffo radicalism, who delight in making trouble and in causing offense.In her own freshman class, Greene has an outrageous comrade in Lauren Boebert, who once said she hoped QAnon was real and tried, post Jan. 6, to walk onto the House floor with her Glock.Before Greene and Boebert, there was Representative Marsha Blackburn, now a senator, who declared a preference for the title “Congressman” and co-sponsored a 2009 bill requiring presidential candidates to provide copies of their original birth certificates. (In 2019, her first year in the Senate, she was deemed its most conservative member by GovTrack.) There was Representative Michele Bachmann, who went on national television and repeated a story about the HPV vaccine supposedly causing “mental retardation”; openly fretted that President Barack Obama wanted to do away with the dollar; and called herself “a foreign correspondent on enemy lines,” reporting on the nefarious doings of the Democrats.There was Sarah Palin, who spellbound the base with her vaudevillian ad-libbing, sassy anti-intellectualism, denunciations of the lamestream media and laffy-taffy stretching of the facts. “She would say things that are simply not true, or things that were picked up from the internet,” Steve Schmidt, a former top adviser to John McCain’s 2008 campaign, told “Frontline.”Even when I was a young reporter covering Congress, the Newt Gingrich revolution ushered in a number of outrageous women who thrilled to their roles as troublemakers and conspiracists. North Carolina’s Sue Myrick wrote the foreword to “Muslim Mafia: Inside the Secret Underworld That’s Conspiring to Islamize America.” Helen Chenoweth, like Blackburn, asked to be called “Congressman”; held an endangered-sockeye-salmon fund-raising bake; and said armed wildlife agents in black helicopters were invading her home state, Idaho.Michele BachmannCredit…Chris O’Meara/Associated PressMarsha BlackburnCredit…Pool photo by Stefani ReynoldsSue MyrickCredit…Doug Mills/The New York TimesElise StefanikCredit…Erik S Lesser/EPA, via ShutterstockYou could argue that these women were in a better position to embody anti-government, populist sentiment than men. A decade ago, the Republican pollster Linda DiVall told The Atlantic that voters were more inclined to think female politicians “won’t be in the back room dealing with special interests.”Now recall Sarah Palin at the 2008 convention, railing in her Wasilla twang against “the good-old boys” brokering their secret deals. Recall Michele Bachmann in 2011, telling Jake Tapper, “What people see in me is that I’m a real person, I’m authentic.” And think of Marjorie Taylor Greene in these last couple of years, yammering on about the nefarious plots of the deep state, Jewish lasers and false flags. She’s here to tell you what’s going on in that back room — and that she’s going to put an end to it.After the 2018 midterm elections, when 10 Republican congresswomen lost their seats, New York’s Elise Stefanik (once a reasonable human being, now another Harvard Graduate for Sedition) told Republican leaders that the party had to make electing women a priority. Kevin McCarthy, the House minority leader, agreed to help; outside groups and Stefanik’s own PAC did, too. Their efforts worked. Eighteen new Republican women showed up to the House this January.But in order to get elected, those women needed to win their primaries. And to win their primaries, they needed to present themselves as every bit as tough and conservative (socially and otherwise) as their male primary opponents — and to win over a subgroup of the electorate that historically has been less inclined to vote for women in the first place.This, in turn, led to what I think is an interesting paradox: These women are playing simultaneously into male Republican stereotypes of power — loving their guns, defending their country from the migrant hordes — and stereotypes of femininity, to reassure the Republican faithful that they’re still real women. Think of Palin, presenting herself as a mama grizzly with a shotgun. Motherhood was front and center in her self-presentation. Ditto for Lauren Boebert (mother of four, loves her Glock). Ditto for Bachmann (mother of five, partial to AR-15s).Greene loves her guns, too — so much that she was willing to harass a survivor of a school shooting, which may not have qualified as maternal behavior, now that I think of it.Hmm. Maybe we’ve rounded a corner. Maybe any kind of behavior from Republican female politicians now goes.Either way: A number of these politicians, including Palin and Bachmann, crashed and burned. But what if their evanescent political lives paved the way for more powerful male politicians?Corrine McConnaughy, a research scholar in politics at Princeton, stopped me in my tracks by asking whether Sarah Palin’s repeated complaints about the elite media made it easier for Donald Trump to frame himself as a victim of Fake News. Better for a woman to blaze the way on victimhood first, right, lest it be seen as unmanly? (Yes, Nixon also complained that the media were out to get him. But mainly in private.)Sarah PalinCredit…Mark Hirsch/Getty ImagesMcConnaughy didn’t know the answer. Neither do I. But it’s a great question. In hindsight, it certainly seems clear that folksy, populist, prevaricating Palin — a tabloid fixture and reality television star — cleared the way for Trump.Perhaps the media bear a tiny bit of responsibility for the coverage Greene is getting. We’re going through terrible outrage withdrawal. (“Have you seen CNN’s ratings recently?” Dan Senor, once an adviser to Mitt Romney, asked me not long ago.) So here is Greene, offering us a bottomless Mary-Poppins-carpet-bag of old videos that spew hate and derangement. She’s our methadone.Then again, she truly is monstrous.You can also ask whether unconscious gender bias plays a role in the coverage of Greene. Television loves a brassy hot mess. Greene’s despicable words and actions deserved censure and punishment, certainly. But it’s not as if there aren’t a ton of male Republican kooks in this Congress, too: Louie Gohmert, Jim Jordan, Matt Gaetz, Mo Brooks … the list is long.Me, I remain fixated on the new breed of Republican female politician that Greene continues to represent. As the political scientists Monica C. Schneider and Angela L. Bos have argued, we don’t yet have, as a culture, a firm idea of how a female elected official looks or acts, though we have stereotypes galore for male politicians (and men and women more generally).Hillary Clinton’s supporters were fond of the adage, “the future is female.” That may one day be true. But we should brace ourselves. That future may be quite different from the one we were expecting. The future often is.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.AdvertisementContinue reading the main story More

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    New York Republican Claudia Tenney Wins Final House Seat

    AdvertisementContinue reading the main storySupported byContinue reading the main storyLast Undecided House Race Finally Goes to Republican, by 109 VotesClaudia Tenney, a Republican from Central New York, regained a seat she lost in 2018 after a judge ruled that her 109-vote victory was legitimate.The ruling will allow Claudia Tenney to return to Washington, where she established herself as a close ally of President Donald J. Trump, but also alienated some voters with her divisive stances and rhetoric.Credit…Heather Ainsworth for The New York TimesFeb. 5, 2021, 7:42 p.m. ETThe nation’s last undecided House race came to an apparent resolution on Friday when a judge ruled that Claudia Tenney, a former Republican congresswoman in Central New York, be certified the winner, three months after Election Day.Ms. Tenney held a mere 109-vote lead over her opponent, Anthony Brindisi, a moderate Democrat who was seeking re-election in New York’s 22nd Congressional District, following months of litigation and a series of twists and turns over how hundreds of contested ballots should be counted.The ruling will allow Ms. Tenney to return to Washington, where she established herself as a close ally of President Donald J. Trump, but also alienated some voters with her divisive stances and rhetoric.“I’m honored to have won this race,” Ms. Tenney said in a statement. “It was a hard-fought campaign and I thank Anthony Brindisi for his service. Now that every legal vote has been counted, it’s time for the results to be certified.”Since the courts intervened late last year, the contest has been defined by ever-changing, razor-thin margins and a convoluted judicial process that exposed egregious flaws in the way election officials handled and counted ballots. For weeks, a judge was tasked with deciding the fate of more than 1,000 ballots challenged by both campaigns, leaving the seat empty when the new Congress was seated in January.Even so, the saga may not be over: The Brindisi campaign has argued that several hundred ballots that were rejected should have been counted and it has signaled that it could appeal the election results. Mr. Brindisi could also seek recourse in the House of Representatives, which has the power to order a new election or recount in the race, and potentially unseat Ms. Tenney.“I am shocked and surprised by this decision because of the countless errors and discrepancies that have occurred throughout this initial count,” Mr. Brindisi said in a statement. “I believe a full audit and hand recount is the only way to resolve this race. With the margin so thin, the ever-changing tally, and the countless errors that have occurred arriving at today’s final number we can’t afford to wonder here. We have to get it right.”The election in the 22nd District, which stretches from the southeastern shores of Lake Ontario to the northern Pennsylvania border, was a rematch between the candidates and one of the most expensive contests in the nation.Ms. Tenney was vying to reclaim her seat from Mr. Brindisi, who upset her in 2018, when he won by fewer than 4,500 votes in a district where Republicans outnumber Democrats. When the polls closed on Nov. 3, Ms. Tenney had a seemingly insurmountable 28,422-vote lead based on the in-person vote. But as tens of thousands of mail-in ballots poured in, her lead dwindled to 12 votes.That lead expanded and contracted, swinging in favor of one candidate or the other at various points, as the state judge overseeing the case waded through weeks of arguments from the campaigns over how different challenged ballots should be counted.That’s when the mishaps and errors began to emerge, threatening the legitimacy of the results and forcing an increasingly exasperated judge to order county boards of elections to revise their tallies and fix certain errors.In one case, county officials discovered a batch of dozens of uncounted ballots weeks after the election. In another instance, it was revealed that officials in Oneida County did not process the applications of more than 2,400 voters, making them ineligible to vote on Election Day. Then there was the “StickyGate” scandal, in which election officials could not determine whether a batch of disputed ballots had been counted because of Post-it notes that had mysteriously fallen off the ballots.Indeed, Justice Scott J. DelConte of the New York State Supreme Court wrote in his ruling on Friday that the “record in this election reflects that both candidates suffered the effects of systemic violations of state and federal election laws.”But he asserted that “every single valid vote that was cast in New York’s 22nd Congressional District has been accounted for, and counted.”The final tally, Justice DelConte said, showed Ms. Tenney had received 156,098 votes to Mr. Brindisi’s 155,989 votes.Justice DelConte said he did not have the authority to order a recount, arguing that the House of Representatives held ultimate authority over the seat and that Mr. Brindisi could seek to challenge the results in the House, where Democrats hold a majority.A new state law in New York that requires recounts in races where the margin is 0.5 percent or less went into effect this year, but it does not apply to the race in the 22nd District because the election was conducted last year.Even so, Mr. Brindisi’s lawyers have argued against certifying the results until his pending appeals were resolved and they sought a recount, noting the margin in the race was below the 0.5 percent threshold.AdvertisementContinue reading the main story More