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in ElectionsModerate House Democrats Are at Risk, Putting the Majority Up for Grabs
Several Democrats elected in 2018 with an anti-Trump message in conservative-leaning districts are centering their closing argument on protecting democracy as they try to buck national trends.NORFOLK, Va. — In her final campaign ad, Representative Elaine Luria, a Democrat and Navy veteran who sits on the House committee investigating the Jan. 6 attack on the Capitol, practically dares her constituents to replace her in Congress with her Republican opponent, who has refused to condemn former President Donald J. Trump’s lie that the 2020 election was stolen.Representative Abigail Spanberger, a former C.I.A. officer, has blanketed her central Virginia district with ads portraying her challenger as a supporter of the rioters who stormed the Capitol on Jan. 6, 2021.In Michigan, Representative Elissa Slotkin, herself a former C.I.A. analyst, has been campaigning with Representative Liz Cheney, a Wyoming Republican who is the vice chairwoman of the Jan. 6 committee and has made combating threats to democracy the focus of her final year in Congress.The three Democrats, all of whom are in difficult re-election races in swing districts with conservative leanings, are at risk of being swept out in next week’s midterm elections, possibly costing Democrats the House majority.They are part of a class of moderates — many of them women with national security credentials who ran for Congress to counter the threat they saw from Mr. Trump — who flipped Republican districts in the 2018 election, delivering Democrats the House majority. Now they are centering their closing campaign argument on protecting democracy.For two election cycles, these Democrats have largely managed to buck Republican attempts to brand them as liberal puppets of Speaker Nancy Pelosi, but the challenge has grown steeper in 2022.President Biden’s popularity has sagged. State redistricting has shifted some of their districts, including Ms. Luria’s on the eastern shore of Virginia, to include higher percentages of conservatives. And polls indicate that the issues at the top of mind for voters across the political spectrum are inflation and the economy, even though they overwhelmingly believe that American democracy is under threat.“This is the first time they’ve had to run in a hostile political environment,” David Wasserman, the House editor of the nonpartisan Cook Political Report, said of the group. “The class of 2018 — we’re going to see some losses this year. But it’s remarkable that many of them are doing as well as they are given the president’s approval rating.”A dozen of Ms. Luria’s 2018 classmates lost their bids for re-election in 2020, and as many as a dozen more are at risk of being swept out next week. Two of them — Representatives Cindy Axne of Iowa and Tom Malinowski of New Jersey — are behind in the polls, and analysts believe more are headed for defeat.But these frontline Democrats believe if anyone can buck the national trends, it is them.“It’s a lot of pressure,” Ms. Luria said of holding onto a pivotal seat. A recent poll from Christopher Newport University showed her tied with her Republican opponent, Jen A. Kiggans.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.Biden’s Speech: In a prime-time address, President Biden denounced Republicans who deny the legitimacy of elections, warning that the country’s democratic traditions are on the line.State Supreme Court Races: The traditionally overlooked contests have emerged this year as crucial battlefields in the struggle over the course of American democracy.Democrats’ Mounting Anxiety: Top Democratic officials are openly second-guessing their party’s pitch and tactics, saying Democrats have failed to unite around one central message.Social Security and Medicare: Republicans, eyeing a midterms victory, are floating changes to the safety net programs. Democrats have seized on the proposals to galvanize voters.As they battle for political survival, they have worked to dramatize the stakes for voters.“I believe that our democracy is the ultimate kitchen table issue,” Ms. Slotkin said during a sold-out event with Ms. Cheney in East Lansing. “It’s not even the kitchen table; our democracy is the foundation of the home in which the kitchen table sits.”Ms. Luria has campaigned on her reputation as one of the most bipartisan members of Congress, and her record of using her perch on the Armed Services Committee to secure tens of millions of shipbuilding dollars for her district.On a recent Tuesday, as she walked through the Dante Valve manufacturing plant in Norfolk, a small business where workers build key parts for submarines, executives said her support for the Navy fleet had proved “critical” for providing steady paychecks in a town where the economy is inextricably tied to the U.S. military.Republican strategists concede that this group of Democrats has proved tough to knock off, having built brands in their districts that outperform the typical Democrat. Their internal polling shows some of them outperforming Mr. Biden by double digits in favorability.To counter the Democrats’ national security credentials, Republicans have recruited military and law enforcement veterans of their own.Ms. Slotkin is facing off against Tom Barrett, a state senator and Army veteran who served in Iraq.“I have no idea if I’m going to win my election — it’s going to be a nail biter,” she said recently.Ms. Spanberger, who has frequently criticized her party’s leadership, is also in a close race with Yesli Vega, a law enforcement officer.Ms. Luria won election to Congress in 2018 as part of a wave of Democrats who flipped Republican districts and turned the House blue.Shuran Huang for The New York TimesMs. Luria’s challenger, Ms. Kiggans, is also a Navy veteran and has run a campaign focused on pocketbook issues.“They talk to me about the gas prices that are too much even this past week,” Ms. Kiggans said of voters during a recent debate. “They talk to me about their grocery prices. They talk to me about their savings account. People don’t have as much as they used to in their savings account.”She has also tried to tarnish Ms. Luria’s independent credentials, portraying her as a stooge of Ms. Pelosi.Ms. Luria has not allowed the attacks to go unanswered. She has repeatedly cast Ms. Kiggans, who opposes abortion rights and has dodged questions about the legitimacy of the 2020 presidential election, as an extremist and an election denier.“If standing up for what’s right means losing an election, so be it,” Ms. Luria says in her recent ad, adding: “If you believe the 2020 election was stolen, I’m definitely not your candidate.”Jen A. Kiggans is running to take Ms. Luria’s seat.Kristen Zeis for The New York TimesMs. Kiggans answered this line of argument with an ad of her own, in which she is shown sitting at a kitchen table and surrounded by family photographs, and declares that she is no “extremist.”Interactions between the two candidates have been testy.“She’s an election denier,” Ms. Luria said of Ms. Kiggans, with a note of contempt in her voice. “She has never clearly said in public that Joe Biden won the 2020 election.”Ms. Kiggans shot back at a recent debate, while not specifically denying the charge: “Shame on you for attacking my character as a fellow female Naval officer.”One reason some of the swing-state Democrats remain competitive in their races, despite the national headwinds, is their ability to raise enormous sums of money.Ms. Luria, for instance, has posted some of the highest fund-raising totals this cycle, raking in three times as much as her challenger in the most recent quarter.But national Republicans are working to counter that cash advantage, with political action committees pumping huge amounts of money into districts to prop up challengers, including about $5 million to aid Ms. Kiggans.“Frontline Democrats promised voters they’d be bipartisan problem solvers, but they came to D.C. and voted in lock step with Nancy Pelosi,” said Michael McAdams, a spokesman for the National Republican Campaign Committee. “Now their constituents are dealing with record-high prices and soaring violent crime.”For better or worse, Ms. Luria’s image is now bound up in confronting threats to democracy. She sought a seat on the Jan. 6 committee — a move she knew could cost her her seat — calling it an outgrowth of her life’s work serving in the military.Supporters of Ms. Kiggans at a rally in Smithfield, Va.Kristen Zeis for The New York TimesHer supporters have cheered the decision.“The people who serve in our Congress, they were at great risk,” said Melanie Cornelisse, a supporter who was on hand outside a Norfolk television studio for Ms. Luria’s final debate with Ms. Kiggans. “And I think it’s really admirable that she is one of the people who is leading that investigation.”Ms. Luria has posted some of the highest fund-raising totals this cycle, and raised three times as much as her challenger in the most recent quarter. Kristen Zeis for The New York TimesA reporter asked Ms. Luria recently why she had focused so intently on threats to democracy rather than, say, the price of gasoline. Ms. Luria has supported measures to make the nation “energy independent,” through increased use of nuclear and wind energy.But also, as a Navy veteran, Ms. Luria said, she felt she had to be true to herself — and that meant continuing to call out Mr. Trump’s lies.“To me, there’s really two things that keep me up at night: One is China and the other is protecting our democracy and our democratic institutions,” Ms. Luria said. “As a candidate, I’m going to talk about the things that I think are the most important for our future. There’s still a clear and present danger.” More
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in ElectionsInquiry Scrutinizes Trump Allies’ False Claims About Election Worker
Prosecutors are seeking testimony from three people who took part in the pressure campaign against the worker, Ruby Freeman, after the 2020 election.ATLANTA — One is a 69-year-old Lutheran pastor from Illinois. Another is a celebrity stylist who once described herself as a publicist for Kanye West. A third is a former mixed martial-arts fighter and self-described “polo addict” who once led a group called “Black Voices for Trump.”All three individuals now find themselves entangled in the criminal investigation into election interference in Georgia after former President Donald J. Trump’s loss there, with prosecutors saying they participated in a bizarre plot to pressure a Fulton County, Ga., election worker to falsely admit that she committed fraud on Election Day in 2020.The three — Trevian Kutti, the publicist; Stephen C. Lee, the pastor; and Willie Lewis Floyd III, the polo fan — have all been ordered to appear before a special grand jury in Atlanta, with a hearing for Mr. Lee scheduled for Tuesday morning at a courthouse near his home in Kendall County, Ill.None have been named as targets of the investigation or charged with a crime. Yet the decision to seek their testimony suggests that prosecutors in Fulton County are increasingly interested in the story of how the part-time, rank-and-file election worker, Ruby Freeman, 63, was confronted by allies of Mr. Trump at her home in the Atlanta suburbs in the weeks after he was defeated by President Biden.Ms. Freeman and her daughter were part of a team processing votes for the Fulton County Department of Registration and Elections on election night. Soon after, video images of Ms. Freeman and her daughter handling ballots were posted online and shared widely among some Trump supporters, who claimed falsely that the video showed the two women entering bogus votes to skew the election in Mr. Biden’s favor.Mr. Trump helped spread the fiction. During his now-famous telephone call to the Georgia secretary of state, Brad Raffensperger, on Jan. 2, 2021, when Mr. Trump implored Mr. Raffensperger, a fellow Republican, to “find” the votes Mr. Trump needed to win the state, Mr. Trump referred several times to Ms. Freeman, calling her a “vote scammer” and “hustler.”Ms. Freeman processing ballots in Atlanta during the 2020 general election.Brandon Bell/ReutersMs. Kutti, 52, is a Trump supporter based in Chicago who was once registered as an Illinois lobbyist supporting the cannabis industry; she had also previously worked as a publicist for R. Kelly, the disgraced R&B singer. Prosecutors sought her testimony in a May court filing; it is unclear if she has appeared before the special grand jury, which meets behind closed doors.But Ms. Kutti unquestionably met with Ms. Freeman on Jan. 4, 2021, after showing up in her neighborhood, cryptically claiming to work for “some of the biggest names in the industry.”After persuading Ms. Freeman to meet her at a police station in Cobb County, outside Atlanta — the police had been summoned when Ms. Kutti came to her home, and an officer recommended that they talk at the station — Ms. Kutti warned her that an event would soon occur that would “disrupt your freedom,” according to police body-camera video of the meeting. Ms. Kutti also offered help, telling Ms. Freeman that she was going to call a man who had “authoritative powers to get you protection.”Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More
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in ElectionsFears Over Fate of Democracy Leave Many Voters Frustrated and Resigned
As democracy frays around them, Republicans and Democrats see different culprits and different risks.LA CROSSE, Wis. — Allyse Barba, a 34-year-old in the insurance industry, watched excitedly upstairs at Thrunie’s Classic Cocktails as Mandela Barnes, the youthful Democrat running for the Senate, tore through his stump speech just 19 days before the election.Then Ms. Barba reflected on the politics of her state: the divide between the blue dot of downtown La Crosse and the surrounding red reaches of western Wisconsin, where she said she could not have a civil conversation; the Republican favored to win the seat in her congressional district, who was at the Capitol riot on Jan. 6, 2021; and a Legislature so gerrymandered that her Democratic Party does not stand a chance.“It is disheartening to live in a state where nothing happens,” she said glumly. “Voting isn’t making a difference right now.”Seventy-one percent of all voters believe that democracy is at risk, according to a recent New York Times/Siena College poll, but only 7 percent identified that as the most important problem facing the country. Americans face more immediate concerns: the worst inflation in 40 years, the loss of federal abortion rights after 50 years and a perception that crime is surging, if not in their communities then in cities nearby.But another factor is dampening people’s motivation to save America’s representative system of government: Some have already lost faith in its ability to represent them.Wisconsin would seem like a state where concerns over democracy feel pressing — especially in this western swath of the state. The House of Representatives committee investigating the Jan. 6 attack uncovered text messages indicating that Senator Ron Johnson, a Republican seeking re-election, wanted to hand-deliver a slate of fake Wisconsin electors to Vice President Mike Pence that day to overturn Joseph R. Biden Jr.’s narrow victory in the state.Derrick Van Orden, the fiercely pro-Trump Republican running to succeed Representative Ron Kind, a moderate Democrat who has represented much of western and central Wisconsin since 1997, was at the Capitol on Jan. 6.And Wisconsin, perhaps more than any other state, is suffering through the erosion of democratic ideals already. Though virtually every elected statewide officer here is a Democrat, extreme gerrymandering of state legislative maps has given Republicans near supermajorities in the State Senate and House. At best, Democrats enter the state elections in November hoping to perpetuate the stalemate by re-electing their governor, Tony Evers, said Michael Hallquist, a Democratic alderman in Brookfield, outside Milwaukee.But that democratic erosion may have sent many of Wisconsin’s citizens on a downward spiral of feeling powerless, apathetic and disconnected as one-party control becomes entrenched.Tammy Wood, right, at Thrunie’s in La Crosse.Liam James Doyle for The New York Times“It is daunting to convince fellow Democrats their votes matter,” said Tammy Wood, a party organizer who tried to fire up the crowd at Thrunie’s with a rousing “Welcome, Democrats, defenders of democracy!”The State of the 2022 Midterm ElectionsBoth parties are making their final pitches ahead of the Nov. 8 election.Where the Election Stands: As Republicans appear to be gaining an edge with swing voters in the final weeks of the contest for control of Congress, here’s a look at the state of the races for the House and Senate.Biden’s Low Profile: President Biden’s decision not to attend big campaign rallies reflects a low approval rating that makes him unwelcome in some congressional districts and states.Losing Ground: With inflation concerns front and center, the state of democracy in the United States is not shaping up to be the driver of votes that many on the left hoped it would be.In Minnesota: The race for attorney general in the light-blue state offers a pure test of which issue is likely to be more politically decisive: abortion rights or crime.“That is the purpose of the gerrymander — to make us fall into that feeling of defeat,” she added. “But we can’t let that happen.”Of course, just what is threatening democracy depends on who you talk to. Many Republicans are just as frustrated, convinced that the threat stems from liberal teachers, professors or media personalities who they fear are indoctrinating their children; undocumented immigrants given a path to citizenship; or Democrats widening access to voting so much that they are inviting fraud.Michelle Ekstrom, 48, a moderate in Waukesha, typified Republicans who fear the electoral system has already been compromised.“I feel that it’s definitely crooked,” she said. “I always think to myself, What is the purpose if I go vote? Someone crooked somewhere along the way is just going to put more votes in somewhere else than the real people’s votes. I think it’s definitely tilted heavily on the Democratic side.”Mindy Pedersen, who runs a protective packaging business in Eleva, south of Eau Claire, believes democracy is being threatened by a dwindling self-reliance among Americans, saying they seem instead to be gravitating to their own kind — women, Black people, L.G.B.T.Q. people — to press their grievances. She described a meeting of a network of female business owners where she was asked to describe how the group had helped her company thrive. She replied that her gender had nothing to do with her success; she has been ostracized ever since, she said.“Do we want equality or do we want to crush our opposition, which is men?” Ms. Pedersen asked. “If I put out a sign that said, ‘White heterosexual women matter, and by the way, I love Jesus,’ oh, could you imagine the reaction?”Indeed, ask voters exactly what is threatening democracy and the answers are as varied as the individuals who formulate them.Peter Flucke, a retired police officer, sees a breakdown of the rule of law as representing the unraveling of democratic control.Liam James Doyle for The New York TimesPeter Flucke, 61, a retired police officer from Ashwaubenon, outside Green Bay, sees a failure of governments to protect their citizens and a breakdown of the rule of law as representing the unraveling of democratic control. Where does Mr. Flucke, now a bicycle and pedestrian safety consultant, see that happening? Not in the grainy images of lawlessness seen in countless attack ads against Democrats, but in rising death tolls in Wisconsin’s crosswalks and bike lanes.Mr. Flucke, an independent, said he would probably vote for Mr. Barnes and Mr. Evers, though not because of all this democracy talk. In the end, he said, he is most worried about his two daughters losing their right to choose an abortion.Caleb Hummel, 25, an engineer in Waukesha, also sees a threat to democracy, though it is by no means top of mind: socialism. His opposition to abortion is driving his vote for Republicans, but “there’s something to” this democracy-in-peril talk, he said. “The far left is demonstrating somewhat socialist policies.”Some voters are following with alarm the threats to democracy that spun out of Donald J. Trump’s efforts to overturn the 2020 election. Katheryn Dose, 74, a retired nurse in La Crosse, cited at length reports of Senator Johnson’s offer to deliver the slate of fake electors for Mr. Trump. She said it was “frightening” that her congressman next year could be Mr. Van Orden. And she looked beyond her own state to candidates like Kari Lake, a Republican running for governor in Arizona, who claim falsely that the 2020 election was stolen.“For me, I really worry about people like that being elected and running this country,” Ms. Dose said. “Election deniers with the power to deny the next election? That is a huge concern.”But voters like Ms. Dose appear vastly outnumbered by those who express concern for the fate of democracy, yet say they are willing to vote for candidates who reject the legitimacy of the 2020 election.David and Mindy Pedersen at home in Eleva, Wis. Ms. Pedersen believes democracy is being threatened by a dwindling self-reliance among Americans. Mr. Pedersen scoffed at the notion Jan. 6 presented a real threat to American democracy.Liam James Doyle for The New York TimesMs. Pedersen’s husband, David, a conservative who runs the packaging company with her, scoffed at all the fuss over Jan. 6.“In reality, do you think those people were really going to overthrow the government? Really?” he asked, taking offense at even being asked whether Jan. 6 was a threat to democracy. “Was Trump ever really going to not leave office? You know he would.”Mr. Barnes, Wisconsin’s lieutenant governor, clearly senses that the issue is not his ticket to the Senate. As he spoke to supporters, he did make the case that Mr. Johnson was a threat — “He personally attacked our democracy” — but only after criticizing Mr. Johnson’s support for a tax break for the wealthy, his efforts to overturn the Affordable Care Act, his opposition to Medicare negotiating prescription drug prices, his embrace of Wisconsin’s newly relevant 1849 abortion ban and much more.If Mr. Barnes had to choose the top two issues driving voters to the polls, he said later, he would pick inflation and abortion.Barry Burden, a political scientist at the University of Wisconsin-Madison, said some of the apathy toward democracy’s fate stemmed from the structure of the American political system. Other countries have multiparty democracies where citizens have political options more narrowly tied to their interests — like “green” parties for environmentalists, religious parties or socialists. Ruling coalitions of multiple parties offer more citizens a stake in the government and something to root for.“Our two-party system is all or nothing,” Mr. Burden said. “Either your party wins the White House or loses it, wins Congress or loses it. It makes feelings more intense, positively or negatively.”People gathering outside Democratic Party offices in Eau Claire, Wis., after a canvassing event.Liam James Doyle for The New York TimesAnd in states like Wisconsin, Ohio, North Carolina and Georgia, where gerrymandering has ensured that the electorate’s partisan composition need bear little resemblance to that of its Legislature or congressional delegation, those feelings are entrenched. Only 2 percent of bills sponsored by Democrats in the Wisconsin State Legislature last session got a hearing, much less a vote.“In many ways, it does feel like there is not a lot of hope,” Mr. Hallquist, the alderman, said.Brad Pfaff, the candidate trying to keep western Wisconsin in the Democratic column, knows he has “more work to do” to convince voters that his opponent, Mr. Van Orden, a telegenic, retired Navy SEAL, disqualified himself from serving in Congress on Jan. 6.Mr. Van Orden’s campaign did not respond to repeated requests for comment, but Mr. Van Orden wrote in an op-ed in The La Crosse Tribune that he had traveled to Washington “to stand for the integrity of our electoral system.”“When it became clear that a protest had become a mob, I left the area, as to remain there could be construed as tacitly approving this unlawful conduct,” Mr. Van Orden said.His base is not asking for an apology. “Why wasn’t the same shadow cast on the people burning down buildings and attacking the police the summer before?” Ms. Pedersen asked. “Why were those thugs not painted the same way as the Trump thugs?”Democrats are not giving Mr. Van Orden a pass.“The idea that Wisconsin would allow someone who was part of the Jan. 6 insurrection to go to Congress, the idea that we could even contemplate that, is deeply troubling,” Tammy Baldwin, the state’s Democratic senator, told party volunteers in Eau Claire before sending them off to canvass.But Mr. Pfaff sees it as a distinct possibility, if not a probability.Nationally, the Times/Siena poll found, 71 percent of Republicans said they would be comfortable voting for a candidate who thought the 2020 election had been stolen, as did 37 percent of independent voters and a notable 12 percent of Democrats.Mr. Pfaff, whose family has farmed in La Crosse County for seven generations and who served in the state and federal departments of agriculture, said he did not so much argue that Mr. Van Orden’s presence at the Capitol disqualified him. Instead, Mr. Pfaff said, it was “a window into his soul,” revealing “who he is as an individual” — too partisan for a district that, in the last 42 years, has been represented by a moderate and openly gay Republican, Steve Gunderson, and then by a centrist Democrat, Mr. Kind.But the district has changed. The consolidation of family farms into corporate operations has dislocated families from land they had worked for generations, turning them into employees of big agribusiness. Local manufacturing has been buffeted by globalization.“That has had a real impact on the people of this district,” Mr. Pfaff said. “They do feel that we’ve been left behind.”In the long rural stretches, hills and coulees between the hipster hangouts and union halls of La Crosse and Eau Claire, Van Orden and Johnson campaign signs jostle with faded Trump-Pence placards. Mr. Pfaff, who noted that Democratic super PACs were not coming to his aid, said it would be pointless in any case for outsiders to ask local voters to reject Mr. Van Orden as a threat to the political order.“We’re patriotic Americans, we know the difference between right and wrong, and what happened in Washington, D.C., on Jan. 6 was wrong,” he said. “But the thing is, if somebody from the outside, you know, somebody from the East Coast or West Coast, starts talking about something like that, that’s not how people want it. They’re not going to hear that.”Dan Simmons More
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in ElectionsHow Trump Could Resist the Jan. 6 Panel’s Subpoena
If the ex-president turns down the drama of testifying, his legal team could mount several constitutional and procedural arguments in court.WASHINGTON — If former President Donald J. Trump decides to fight the subpoena issued to him on Friday by the House committee investigating his attempts to overturn the 2020 election, his lawyers are likely to muster a battery of constitutional and procedural arguments for why a court should allow him not to testify.In the most basic sense, any legal arguments seeking to get Mr. Trump off the hook would merely need to be weighty enough to produce two and a half months of litigation. If Republicans pick up enough seats in the midterm elections to take over the House in January, as polls suggest is likely, they are virtually certain to shut down the Jan. 6 committee, a move that would invalidate the subpoena.The issues raised by the extraordinary subpoena, which the panel announced at a hearing last week, are too complex to be definitively resolved before a potential change of power in the House, said Mark J. Rozell, a George Mason University professor and author of “Executive Privilege: Presidential Power, Secrecy and Accountability.”“We are in a constitutional gray area here where there is no clear guidance as to exactly what should happen,” Mr. Rozell said. “That gives the former president some leeway to put forward various creative legal arguments and ultimately delay the process until it doesn’t matter anymore.”Several former presidents have voluntarily testified before Congress, including Theodore Roosevelt, William Howard Taft, Herbert Hoover, Harry S. Truman and Gerald Ford. But there is no Supreme Court precedent that says whether Congress has the power to compel former presidents to testify against their will about their actions in office.There are two historical precedents, but neither generated court rulings. In 1846, the House subpoenaed two former presidents, John Quincy Adams and John Tyler, for an investigation into allegations of misspending by a secretary of state. According to a Congressional Research Service report, Tyler testified and Adams submitted a deposition.A subpoena of testimony from Harry S. Truman was eventually dropped by the House after he refused to honor it.The New York TimesAnd in 1953, the House Committee on Un-American Activities subpoenaed Truman. But while he later voluntarily testified before Congress on other topics, Truman refused to honor the committee’s subpoena, claiming that as a former chief executive he was immune from compelled testimony by the legislative branch. The House let the matter drop.One open question, then, is whether Truman was right. Should Mr. Trump’s legal team choose to argue that he was, one Supreme Court precedent could prove relevant: In 1982, the court ruled that former presidents are immune from being sued for damages over official decisions they made while in office.In that case, Nixon v. Fitzgerald, the majority reasoned that presidents must be able to perform their constitutional duties without being inhibited by the fear that a decision could risk making them liable to pay civil damages after they leave office. The question in Mr. Trump’s case would be whether a president could be similarly hindered by a fear of being forced to testify in front of Congress.Mr. Trump’s legal team could also invoke executive privilege in an attempt to ward off the subpoena. In another case involving Richard Nixon, the Court of Appeals for the D.C. Circuit ruled in 1974 that a Senate committee investigating the Watergate scandal could not force Nixon, then the sitting president, to turn over tapes of his Oval Office conversations.The appeals court ruled that the Senate’s need for the tapes was not enough to overcome the presumption of confidentiality guarding the presidential decision-making process. That general confidentiality is important, courts decided, so that presidents can receive candid advice from their aides about how best to carry out their constitutional functions.(More famously, about three months later, the Supreme Court upheld a subpoena by the Watergate prosecutor for the tapes, citing the greater need for them in a criminal proceeding. Soon after, Nixon resigned to avoid being impeached.)Unlike Nixon in 1974, however, Mr. Trump is now a former — not a sitting — president, and his claims to executive privilege would be weaker. The current officeholder, President Biden, who has greater authority to invoke or withhold executive privilege, might not support him..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Notably, Mr. Biden declined to support an earlier attempt by Mr. Trump to invoke executive privilege to keep the Jan. 6 committee from subpoenaing the National Archives for White House records. The Supreme Court, ruling against Mr. Trump, declined to block the subpoena, although it did so in a way that left unresolved the scope of an ex-president’s powers under executive privilege.Still, courts might view forcing a former president to show up at the Capitol and testify under oath differently than obtaining documents. Mr. Biden might also be more reluctant to establish a precedent that could help a Republican-controlled Congress subpoena him for testimony.Mr. Trump could also try to mount a procedural argument that the subpoena is invalid.That tactic has been used by nearly 30 people — among them, former aides to Mr. Trump — who have filed lawsuits seeking to quash subpoenas from the Jan. 6 committee. Many of these witnesses have argued the panel was improperly constituted and the subpoenas are insufficiently connected to writing laws.The first argument goes like this: The House resolution authorizing the committee envisioned that Speaker Nancy Pelosi would appoint 13 members, including five in consultation with Republican leadership. But the panel has only nine members, and neither of its two Republicans — Liz Cheney of Wyoming and Adam Kinzinger of Illinois — were endorsed by the minority leader, Representative Kevin McCarthy of California, who boycotted the process after Ms. Pelosi rejected several of his choices.As for the second, lawyers for the witnesses have argued that the subpoenas were not sent with the goal of assisting Congress in its role in drafting laws, but rather as a politically motivated fishing expedition for embarrassing information about Mr. Trump.In 1974, a Senate committee investigating the Watergate scandal could not force Richard Nixon, then the sitting president, to turn over tapes of his Oval Office conversations.Eddie Hausner/The New York TimesMost of the lawsuits challenging the subpoenas on these — and other — grounds are still working their way through the courts. But in May, a federal judge in Washington dismissed both of the arguments claiming the subpoenas were invalid in a case the Republican National Committee brought against the panel.That ruling, however, was vacated several months later by the Court of Appeals for the D.C. Circuit after the committee dropped its subpoena for the Republican National Committee.A Federal District Court judge also rejected claims that the committee’s subpoenas were invalid in the criminal prosecution of Stephen K. Bannon, a former adviser to Mr. Trump, who was sentenced to four months in prison on Friday for defying a subpoena from the House panel.In a ruling in the case, Judge Carl J. Nichols, a Trump appointee, noted that the full House had voted to hold Mr. Bannon and others who defied subpoenas in contempt, indicating that the body viewed the committee’s subpoena as valid. Judge Nichols said courts must defer to the House’s interpretation of its own rules, so he “cannot conclude as a matter of law that the committee was invalidly constituted.”Still, rulings by district court judges are not definitive precedents, leaving much to litigate.It also remains unclear which route to court a fight over the Trump subpoena could take. Mr. Trump might file his own suit asking a judge to quash it. Or he could wait for the House to try to enforce its subpoena.One way for that to happen would be for the full chamber to vote on whether to hold him in contempt and to refer the matter to the Justice Department for potential criminal prosecution, as it did for Mr. Bannon.It would then be up to Attorney General Merrick B. Garland to decide whether to bring a criminal charge. The Jan. 6 committee could also file its own lawsuit against Mr. Trump seeking a judicial order that he comply. In August 2019, for example, the House Judiciary Committee sued Mr. Trump’s former White House counsel, Donald F. McGahn II, who at Mr. Trump’s direction defied its subpoena seeking his testimony about Mr. Trump’s obstruction of the Russia investigation.The lawsuit set off a series of convoluted legal fights over constitutional issues and was still pending even when Mr. Biden became president in January 2021. That underscores the lack of time for extended litigation in Mr. Trump’s case.Aides to Mr. Trump have said that he has weighed whether to testify, but only under the condition that it be live and on television. That would deprive the committee of controlling what gets seen or from releasing only selected excerpts.Mr. Rozell said that was not surprising.“If Trump is going to go out there and make himself vulnerable, he’s going to do it in a public way,” he said. “It’s going to be a Trump show, and he’ll be playing to his own crowd. At that point, legal argument and nuances would be out the window.” More
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in ElectionsWill Trump Get Indicted for Jan. 6?
More from our inbox:The Russia-Iran AllianceAn Unreal Foreign PolicyWhen I Realized That ‘Youth Is a Members-Only Club’A Good Divorce Damon Winter/The New York TimesTo the Editor:Re “Trump Has Told Americans Exactly Who He Is,” by Jesse Wegman (Opinion, Oct. 15):I couldn’t agree more with Mr. Wegman’s essay on Donald Trump and his blatant misdeeds, as so masterfully presented by the Jan. 6 committee. But we are approaching two years from Jan. 6 and there are still no indictments resulting from clear evidence of overwhelming criminal conduct by Mr. Trump.The mantra that no one is above the law rings hollow, as any normal person engaging in such Trumpian conduct would be wearing an orange suit by now. What more does the Justice Department or the Georgia prosecutor possibly need to take the action the evidence so clearly demands?I thought that when New York’s attorney general, Letitia James, filed a complaint accusing Donald Trump and his business of fraud that it would give courage to weak-kneed prosecutors to follow suit. Yet we wait and doubt whether the Teflon man will ever be brought to justice. Without such action, future leaders will feel no risk in taking actions that could destroy our democracy.We need indictments and justice, and we need them now!Richard GoetzDelray Beach, Fla.To the Editor:Jesse Wegman is correct to say that the Republican Party “is now infected from coast to coast with proudly ignorant conspiracymongers, wild-eyed election deniers and gun-toting maniacs.”About half of Americans are willing to allow that party to return to power. That half includes not just the unreachable Trump base but also millions of Americans who know that President Biden won the election, are probably opposed to political violence and likely support representative democracy. It is these Americans, who are not deep into delusions, lies and conspiracies, but nonetheless willing to hand power to a Republican Party that is, who currently pose the greatest threat to American democracy.Richard SeagerNew YorkTo the Editor:“Trump Has Told Americans Exactly Who He Is” is true today and has been true ever since he was first a candidate in the 2016 election. He has never shown, or aspired to be, more than what he has shown us right from the start. Sadly, many who follow him think this is fine, and perhaps the Jan. 6 committee’s report illuminating his actions may change some minds. But I wouldn’t hold my breath.As the very wise Maya Angelou once said, “When someone shows you who they are, believe them the first time.” I did, and I haven’t changed my mind.Cathy PutnamConcord, Mass.The Russia-Iran AllianceA drone believed to be Iranian-made nearing its target in Kyiv, Ukraine, on Monday.Yasuyoshi Chiba/Agence France-Presse — Getty ImagesTo the Editor:Re “Deadly Message Sent by Drones: It’s Russia and Iran vs. the West” (front page, Oct. 18):Reprising the alliance that killed tens of thousands of noncombatants in Syria, Iran is now supplying Russia with drones used to attack Ukrainian cities and murder their inhabitants. The collaboration between these two vile dictatorships is based only on a mutual contempt for human life, abhorrence of freedom and hatred of the United States.What will it take for the Biden administration to break off its efforts to revive President Barack Obama’s nuclear agreement with Iran, which would only delay, not prevent, the Islamic Republic’s emergence as a nuclear-armed power?Howard F. JaeckelNew YorkAn Unreal Foreign Policy Jhonn Zerpa/Agence France-Presse — Getty ImagesTo the Editor:In “The U.S. Cannot Uphold the Fiction That Juan Guaidó Is the President of Venezuela,” (Opinion guest essay, nytimes.com, Oct. 8), William Neuman makes a blunt, but accurate, observation about U.S. policy in Venezuela: It’s incoherent and frankly detached from reality.But Venezuela is hardly an anomaly. U.S. foreign policy is often stuck in an immovable vortex, with inertia and an unwillingness to admit failure the defining features. The foreign policy establishment is either incapable of adapting to situations or is too confident of its ability to will things into existence.While it doesn’t hurt to be ambitious, it also doesn’t hurt to understand the limits of your power. The U.S. remains the most powerful nation in the world, with boundless economic potential and a military second to none, but other countries have independent agency, their own core interests and the resiliency to ensure that those interests are protected.The result is a wide divergence between the grand objectives the U.S. hopes to accomplish and the reality the U.S. operates in. Thus, we see Nicolás Maduro still running Venezuela, Bashar al-Assad sitting comfortably in the presidential palace in Syria and Kim Jong-un of North Korea the leader of a nuclear-weapons state.Instead of seeking to transform the world to its liking, a mountainous undertaking if there ever was one, the U.S. should work within the world that exists. Otherwise, failure is all but assured.Daniel R. DePetrisNew Rochelle, N.Y.The writer is a fellow at Defense Priorities, a foreign policy think tank based in Washington.When I Realized That ‘Youth Is a Members-Only Club’ Irving Browning/New-York Historical Society, via Bridgeman ImagesTo the Editor:Pamela Paul’s delightful Oct. 20 column, “Wait, Who Did You Say Is Middle-Aged?,” made me remember the afternoon I drove my two sons — teenagers then — home from school. A song blending Southern and garage rock was playing on the radio.“Mom, bet you don’t know who’s singing,” they dared.“That’s easy,” I said. “It’s Kings of Leon.”My older son gaped at his brother. “How could she know that?” Both were flummoxed, even offended, that I, a woman then in her 50s, got the answer right. Suddenly Kings of Leon, a band they followed, became uncool.I realized then and there that youth is a members-only club. And no amount of worldly knowledge — not even a gentle bribe of chocolate chip cookies, perhaps — could win me the price of admission.Reni RoxasEverett, Wash.A Good Divorce David HuangTo the Editor:Re “A Cure for the Existential Crisis of Married Motherhood,” by Amy Shearn (Sunday Opinion, Oct. 9):Ms. Shearn nails it in her tribute to happy divorced motherhood. The key to that freedom, I would assert, is a good divorce, meaning one that puts children first.It has been my mission since my own divorce 12 years ago to promote the concept of a good divorce, one that makes co-parenting the pinnacle of achievement for couples who must go through this difficult change.A good divorce means attending parent-teacher conferences with your ex, helping your child select a birthday gift for your ex-spouse, and relying on family and friends whenever possible to help ease the transition.My daughter, Grace, gave me the definition of a “good divorce” when she was only 8, saying, “A good divorce is when parents are nice to each other, like you and Daddy.”As Ms. Shearn acknowledges, some divorces are brutal, and for those parents a good divorce might not be realistic. For the rest of us, a good divorce is a goal divorced parents should aspire to, because it is an attainable outcome.Sarah ArmstrongSan FranciscoThe writer is vice president, global marketing operations, at Google and the author of “The Mom’s Guide to a Good Divorce: What to Think Through When Children Are Involved.” More
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in ElectionsJudge Says Trump Signed Statement With Data His Lawyers Told Him Was False
The determination came in a decision by a federal judge that John Eastman, a lawyer for the former president, had to turn more of his emails over to the House Jan. 6 committee.Former President Donald J. Trump signed a document swearing under oath that information in a Georgia lawsuit he filed challenging the results of the 2020 election was true even though his own lawyers had told him it was false, a federal judge wrote on Wednesday.The accusation came in a ruling by the judge, David O. Carter, ordering John Eastman, the conservative lawyer who strategized with the former president about overturning the election, to hand over 33 more emails to the House committee investigating the Jan. 6 attack on the Capitol. Judge Carter, who serves with the Federal District Court for the Central District of California, determined that the emails contained possible evidence of criminal behavior.“The emails show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public,” Judge Carter wrote. He added in a footnote that the suit contained language saying Mr. Trump was relying on information provided to him by others.The committee has fought for months to get access to hundreds of Mr. Eastman’s emails, viewing him as the intellectual architect of plans to subvert the 2020 election, including Mr. Trump’s effort to pressure Vice President Mike Pence to block or delay congressional certification of the Electoral College results on Jan. 6, 2021. Repeatedly, the panel has argued that a “crime-fraud exception” pierces the typical attorney-client privilege that often protects communications between lawyers and clients.The emails in question, which were dated between Nov. 3, 2020, and Jan. 20, 2021, came from Mr. Eastman’s account at Chapman University, where he once served as a law school dean.Judge Carter wrote on Wednesday that the crime-fraud exception applied to a number of the emails related to Mr. Trump and Mr. Eastman’s “efforts to delay or disrupt the Jan. 6 vote” and “their knowing misrepresentation of voter fraud numbers in Georgia when seeking to overturn the election results in federal court.”Judge Carter found four emails that “demonstrate an effort by President Trump and his attorneys to press false claims in federal court for the purpose of delaying the Jan. 6 vote.”In one of them, Mr. Trump’s lawyers advised him that simply having a challenge to the election pending in front of the Supreme Court could be enough to delay the final tally of Electoral College votes from Georgia.“This email,” Judge Carter wrote, “read in context with other documents in this review, make clear that President Trump filed certain lawsuits not to obtain legal relief, but to disrupt or delay the Jan. 6 congressional proceedings through the courts.”Another email was related to the lawsuit Mr. Trump and his lawyers filed in Fulton County, Ga., in December 2020, contending that thousands of votes had been improperly counted and citing specific numbers of dead people, felons and unregistered voters who had cast ballots.In one email ordered for release, Mr. Eastman made plain his view that Mr. Trump should not sign a document making specific claims about voter fraud in the county because his legal team had learned they were inaccurate.“Although the president signed a verification for [the state court filing] back on Dec. 1, he has since been made aware that some of the allegations (and evidence proffered by the experts) has been inaccurate,” Mr. Eastman wrote. “For him to sign a new verification with that knowledge (and incorporation by reference) would not be accurate.”But Mr. Trump did sign a new verification, on Dec. 31, 2020, after the suit was moved to federal court. The suit included a caveat that the voter fraud figures it used were to be relied upon “only to the extent” that “such information has been provided” to Mr. Trump’s legal team; the suit also stated that such data was subject to “amendment” or “adjustment.”The episode was the latest example of how Mr. Trump was repeatedly told that his claims of widespread voter fraud were false and often pressed forward with them anyway. His attorney general at the time, William P. Barr, informed him at least three times that his accusations about fraud were unfounded, as did other top officials at the Justice Department, the White House Counsel’s Office and the Trump campaign.Judge Carter’s ruling came as part of a federal lawsuit Mr. Eastman filed at the beginning of the year, seeking to bar the committee from obtaining his emails as part of its inquiry into Mr. Trump’s efforts to overturn the election.In a previous ruling, issued in March, Judge Carter offered a sweeping analysis of how Mr. Trump and Mr. Eastman most likely committed felonies, including obstructing the work of Congress on Jan. 6 and conspiring to defraud the United States.Mr. Eastman has also been a focus of the Justice Department’s investigation into Jan. 6 and the months leading up to it.In June, federal agents seized Mr. Eastman’s phone as part of what appears to be a broad grand jury inquiry into Mr. Trump’s role in intersecting schemes to stay in power, including a plan to create fake slates of pro-Trump electors in states that were won by Joseph R. Biden Jr. A flurry of subpoenas issued by the grand jury, sitting in Washington, named Mr. Eastman and several other lawyers close to Mr. Trump as subjects of interest. More