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      Trump Privately Encouraged Republican Lawmakers to Impeach Biden

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      The former president has talked regularly with members of the House Freedom Caucus and other congressional Republicans who pushed for impeachment.On a sweeping patio overlooking the golf course at his private club in Bedminster, N.J., former President Donald J. Trump dined Sunday night with a close political ally, Marjorie Taylor Greene.It was a chance for the former president to catch up with the hard-right Georgia congresswoman. But over halibut and Diet Cokes, Ms. Greene brought up an issue of considerable interest to Mr. Trump — the push by House Republicans to impeach his likely opponent in next year’s election.“I did brief him on the strategy that I want to see laid out with impeachment,” Ms. Greene said in a brief phone interview.Mr. Trump’s dinner with Ms. Greene came just two nights before Speaker Kevin McCarthy announced his decision on Tuesday to order the opening of an impeachment inquiry into President Biden, under intense pressure from his right flank.Over the past several months, Mr. Trump has kept a close watch on House Republicans’ momentum toward impeaching Mr. Biden. Mr. Trump has talked regularly by phone with members of the ultraconservative House Freedom Caucus and other congressional Republicans who pushed for impeachment, according to a person close to Mr. Trump who was not authorized to publicly discuss the conversations. Mr. Trump has encouraged the effort both privately and publicly.Ms. Greene, who has introduced articles of impeachment against Mr. Biden, said she told Mr. Trump that she wanted the impeachment inquiry to be “long and excruciatingly painful for Joe Biden.”She would not say what Mr. Trump said in response, but she said her ultimate goal was to have a “long list of names” — people whom she claimed were co-conspirators involved in Biden family crimes. She said she was confident Mr. Trump would win back the White House in 2024 and that she wanted “to go after every single one of them and use the Department of Justice to prosecute them.”While Mr. Biden’s son Hunter was charged in June with two misdemeanor tax offenses and a felony firearm offense, Republicans have not shown that Mr. Biden committed any crimes. House Republicans are proceeding with the impeachment inquiry without proof that Mr. Biden took official actions as vice president to benefit his son’s financial interests or that he directly profited from his son’s foreign deals.Mr. Trump has also spoken weekly over the past month to Representative Elise Stefanik of New York, the third-ranking House Republican, according to a person familiar with the conversations who was not authorized to discuss them publicly. During those conversations, Ms. Stefanik also briefed Mr. Trump on the impeachment inquiry strategy, this person said.The former president thanked Ms. Stefanik for publicly backing the impeachment inquiry in July, the person added. Ms. Stefanik, who talked to Mr. Trump again on Tuesday after Mr. McCarthy ordered the impeachment inquiry, had been the first member of House Republican leadership to publicly call for taking the first step in the process of impeaching Mr. Biden.A person familiar with Mr. Trump’s thinking said that despite his eagerness to see an inquiry move forward, the former president has not been twisting Mr. McCarthy’s arm. Mr. Trump has been far more aggressive in pushing several members to wipe his own impeachment record clean, the person said, potentially by getting Congress to take the unprecedented step of expunging his two impeachments from the House record.Under intense pressure from his right flank, House Speaker Kevin McCarthy opened an impeachment inquiry into President Biden on Tuesday.Haiyun Jiang for The New York TimesMr. Trump has not been expressing concern about the possibility that the McCarthy impeachment effort might backfire and benefit Mr. Biden, according to two people with direct knowledge of his private statements over several months. Instead, he wondered to an ally why there had been no movement on impeaching Mr. Biden once he learned that the House was back in session.A spokesman for Mr. McCarthy did not respond to a question about his interactions with the former president regarding impeachment.When asked for comment, Mr. Trump’s communications director, Steven Cheung, pointed to Mr. Trump’s public statements about impeaching Mr. Biden.The former president’s public commentary on the possibility of a Biden impeachment has escalated from wistful musings about the Justice Department’s supposed inaction to explicit demands.“They persecuted us and yet Joe Biden is a stone-cold criminal, caught dead to right, and nothing happens to him. Forget the family. Nothing happens to him,” the former president said at a rally in March.In a June town hall with the Fox News host Sean Hannity, Mr. Trump lamented what happened after authorities found boxes of classified documents in both Mar-a-Lago and the Bidens’ Delaware residence.“It is a dual system of government,” Mr. Trump said. “You talk about law and order. You can’t have law and order in a country where you have such corruption.”That same month, after Mr. Trump was arraigned on charges that he had improperly retained sensitive national security documents and obstructed investigators, he declared that if re-elected he would appoint a special prosecutor to “go after” Mr. Biden and his family.By July, Mr. Trump had begun suggesting that Republicans should impeach the president, and as the summer wore on, he conveyed his desire with greater urgency.“So, they impeach me over a ‘perfect’ phone call, and they don’t impeach Biden for being the most corrupt president in the history of the United States???” Mr. Trump wrote in all caps on his website, Truth Social.In yet another nearly all-cap Truth Social post in late August, the former president wrote, referring to congressional Republicans: “Either impeach the bum, or fade into oblivion. They did it to us!” More

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      The Contagious Corruption of Ken Paxton

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      Let’s talk about leadership again. Last week, I wrote about Vivek Ramaswamy and the power of unprincipled leaders to exploit civic ignorance. This week, I want to address the power of leadership to shape character and the problem of corruption in the era of Trump. And for this discussion, we’ll turn to Texas.A very good thing is belatedly happening in the Lone Star State. Republicans are on the verge not merely of expelling one of their own from office, but of expelling someone with the most impeccable of MAGA credentials. The suspended Texas attorney general, Ken Paxton, is facing an impeachment trial in the Texas Senate, and if the early votes are any indication, it’s not going well for him. He’s already lost a number of motions to dismiss the case by margins approximating the two-thirds majority that will be necessary to convict him — and this is an upper chamber that Republicans control 19 to 12.Paxton faces impeachment in large part because seven of his top deputies blew the whistle on him in 2020, claiming that he had engaged in bribery and abuse of office. The charges against Paxton, to which he pleads not guilty, center primarily on his relationship with an investor named Nate Paul. Paxton is accused of providing favors to Paul, including using the power of his office in an attempt to stop foreclosure sales of Paul’s properties, ordering employees not to assist law enforcement investigating Paul and even providing Paul with “highly sensitive information” about an F.B.I. raid on his home.And what did Paxton get in return? Paul reportedly helped Paxton remodel his home and employed Paxton’s mistress. (Paxton’s wife, Angela Paxton, is a Republican state senator who is attending the hearings but is barred from voting on the charges against her husband.)But that’s hardly the complete list of Paxton’s misdeeds. He’s still facing criminal charges — which I’ve long considered questionable — stemming from a 2015 state indictment for securities fraud, and his treatment of the whistle-blowers is also under public scrutiny. Soon after coming forward, every whistle-blower either resigned, was fired or was placed on leave. When they sued for retaliation and improper firing, Paxton attempted to use $3.3 million in taxpayer funds to settle the lawsuit.In addition, following the 2020 election, Paxton filed one of the most outrageous lawsuits in the entire Republican effort to overturn the presidential result. He sued Georgia, Michigan, Pennsylvania and Wisconsin, seeking an order preventing those states from voting in the Electoral College. The suit was so transparently specious that Texas’ respected then-solicitor general, Kyle Hawkins — who was appointed to the post by Paxton — refused to add his name to the complaint. The Supreme Court dismissed the case without even granting it a hearing.Naturally, none of these scandals truly hurt Paxton with Texas Republican voters. He won his 2022 primary runoff against George P. Bush by 36 points. He defeated Democrat Rochelle Garza in the general election by 10 points. Texas primary voters — like Republican primary voters in many other states — decided once again that character is irrelevant so long as their candidate fights the right enemies.But that’s not the end of the story. What’s happening now is a Texas-size version of the civil war that rages across the right. Is it possible for Republicans to police their own, or does Paxton’s devotion to Donald Trump and his zealous commitment to the culture wars excuse his misconduct, however egregious? Is it possible for Republicans to potentially start the slow and painful process of healing the G.O.P.?I date my interest in the moral power of leadership back to 1998, when I was shocked that a number of my progressive friends could shrug their shoulders not just at Bill Clinton’s affair with a White House intern (though I could see their argument that his adultery was a personal matter) but also at his dishonesty under oath. The country was at peace and prosperous, they noted. Besides, weren’t Republicans hypocrites? Newt Gingrich was an adulterer. Bob Livingston, the Louisiana Republican and speaker-designate to succeed Gingrich, also confessed to extramarital affairs and stepped down.In the midst of these revelations, the Southern Baptist Convention — the nation’s largest Protestant denomination — gathered at its annual convention in Salt Lake City and tried to make the simple case to the American people that character counts. It passed a resolution on the moral character of public officials containing this memorable line: “Tolerance of serious wrong by leaders sears the conscience of the culture, spawns unrestrained immorality and lawlessness in the society, and surely results in God’s judgment.”Putting aside the words about God’s judgment, I suspect that a broad range of Americans, regardless of faith, would agree with the basic premise: Corruption is contagious.But why? Consider the relationship between leadership and our own self-interest. Most of us belong to organizations of some type, and unless we’re leading the organization, our income, our power and even our respect within the community can depend a great deal on the good will of the men and women who lead us. In very tangible ways, their character creates our path through our careers, our churches and our civic organizations.Thus, if a leader exhibits moral courage and values integrity, then the flawed people in his or her orbit will strive to be the best versions of themselves.But if a leader exhibits cruelty and dishonesty, then those same flawed people will be more apt to yield to their worst temptations. They’ll mimic the values of the people who lead them.Let me use an analogy I’ve used before: Think of a leader as setting the course of a river. It’s always easier to swim with the current. Yes, you can swim against the current for a while, but eventually you’ll exhaust yourself, and you’ll either yield to the current or leave the stream altogether.And what is the moral current of Trumpism? For Donald Trump’s supporters, tactics that would normally be utterly unacceptable on moral grounds instead become urgent priorities. In this moral calculus, Paxton’s absurd lawsuit against Georgia, Pennsylvania, Michigan and Wisconsin isn’t a mark of shame, but rather a badge of honor.Paxton’s aggressive loyalty to Trump, in other words, acts as a form of indulgence that grants him license in his personal and professional life. Paxton’s acknowledged sins, including his affair, are cheap and tawdry. Yet a constellation of Republican stars are rallying to his side, led by Trump, Donald Trump Jr., Ted Cruz and Steve Bannon. Because he’s a fighter. He goes to war against the left, and if the age of Trump teaches us anything, it’s that the current of his leadership flows eternally toward conflict and self-interest, consequences be damned.It’s hard to overstate how much this ethos contradicts the Christianity that Paxton purports to proclaim. In fact, scriptures teach that the role of the godly man or woman isn’t to yield to power, but to confront power when that power is corrupt. The mission is to swim against the cultural current. That brings me to one of the most grievous abuses of scripture during the Trump presidency — the constant comparison of Trump to King David.Trump is flawed, his supporters acknowledge. But so was David, they argue, and God blessed David. Scripture calls him a man after God’s own heart. But David’s virtues did not excuse his vices. In one of scripture’s most memorable passages, the prophet Nathan not only directly confronted the king but also declared a harsh judgment for David’s sins. And what was David’s response? Repentance. “I have sinned against the Lord,” he said. He then penned a poignant, penitent psalm. “God, create a clean heart for me,” he begs. “Do not banish me from your presence,” he pleads.Does any of that sound like Donald Trump? Does that bear any resemblance to the religious right in the age of Trump? Of course not. The contagious corruption of a broken president and a broken party has turned the hearts of millions of Christians away from scripture’s clear moral commands. They have chosen not to swim against the tide.But the battle is not lost, not entirely. In Ken Paxton’s office there were people who had the courage to confront their leader. They put their careers on the line to confront Texas’ legal king. And even if Paxton himself doesn’t have the integrity to repent and accept the consequences, there are other Republican leaders who can impose consequences themselves. They can start the process of altering the current of the Republican river, away from corruption and deception and back toward integrity and respect for the rule of law.The trial of Ken Paxton may well be the most important political trial of the year. It is in Austin that the G.O.P. directly confronts the enduring legacy of Donald Trump and asks itself, will we completely remake ourselves in his malign image? Or do we possess enough lingering moral fortitude to resist his leadership and at least begin respecting the truth once again?America needs two healthy political parties, and not just because healthy parties create better policies. Healthy parties create better leaders, and better leaders can help repair the fabric of a party, a nation and a culture that has been torn and frayed by a man who told America that the road to power was paved with mendacity, self-indulgence and conflict. Defeating Trump and his imitators is the first step onto a better path. More

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      Biden Team Isn’t Waiting for Impeachment to Go on the Offensive

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      The White House has enlisted two dozen attorneys, legislative liaisons and others to craft strategies in the face of Republican threats to charge the president with high crimes and misdemeanors.Just before 8 p.m. on Thursday, Representative Marjorie Taylor Greene posted a video of herself at a town hall in her Georgia district declaring that she “will not vote to fund the government” unless the House holds a vote to open an impeachment inquiry against President Biden.It took just 68 minutes for the White House to fire back with a blistering statement that such a vote would mean that House Republicans had “caved to the hard-core fringe of their party in prioritizing a baseless impeachment stunt over high-stakes needs Americans care about deeply” like drug enforcement and disaster relief.The White House, as it turns out, is not waiting for a formal inquiry to wage war against impeachment. With a team of two dozen attorneys, legislative liaisons, communications specialists and others, the president has begun moving to counter any effort to charge him with high crimes and misdemeanors with a best-defense-is-a-good-offense campaign aimed at dividing Republicans and taking his case to the public.The president’s team has been mapping out messaging, legal and parliamentary strategies for different scenarios. Officials have been reading books about past impeachments, studying law journal articles and pulling up old court decisions. They have even dug out correspondence between previous presidential advisers and congressional investigators to determine what standards and precedents have been established.At the same time, recognizing that any impeachment fight would be a political showdown heading into an election season, outside allies have been going after Republicans like Ms. Greene and Speaker Kevin McCarthy. A group called the Congressional Integrity Project has been collecting polling data, blitzing out statements, fact sheets and memos and producing ads targeting 18 House Republicans representing districts that voted for Mr. Biden in 2020.“As the Republicans ramp up their impeachment efforts, they’re certainly making this a political exercise and we’re responding in kind,” said Kyle Herrig, the executive director of the Congressional Integrity Project. “This is a moment of offense for Democrats. They have no basis for impeachment. They have no evidence. They have nothing.”The White House preparations do not indicate that Mr. Biden’s advisers believe an impeachment inquiry is inevitable. But advisers who spoke on condition of anonymity to describe internal thinking said that it was important to take on the prospect aggressively and expressed hope that the situation could be turned to their advantage.Republican congressional investigations have turned up evidence that Hunter Biden traded on his family name to generate multimillion-dollar deals and a former partner, Devon Archer, testified that Mr. Biden would put his father on speakerphone with potential business clients to impress them.Republican congressional investigations have turned up evidence that Hunter Biden traded on his family name to generate multimillion-dollar deals.Doug Mills/The New York TimesBut Mr. Archer testified that the elder Biden only engaged in idle chitchat during such calls, not business, and no evidence has emerged that the president directly profited from his son’s deals or used his power inappropriately while vice president to benefit his son’s financial interests.Republicans have not identified any specific impeachable offenses and some have privately made clear they do not see any at the moment. The momentum toward an impeachment inquiry appears driven in large part by opposition to Mr. Biden’s policies and is fueled by former President Donald J. Trump, who is eager to tarnish his potential rival in next year’s election and openly frames the issue as a matter of revenge. “Either IMPEACH the BUM, or fade into OBLIVION,” he demanded of Republicans on his social media site this past week. “THEY DID IT TO US!”That stands in sharp contrast to other modern impeachment efforts. When impeachment inquiries were initiated against Presidents Richard M. Nixon, Bill Clinton and Mr. Trump, there were clear allegations of specific misconduct, whether or not they necessarily warranted removal from office. In Mr. Biden’s case, it is not clear what actions he has taken that would be defined as a high crime or misdemeanor.Mr. McCarthy, the California Republican, cited “a culture of corruption” within the Biden family in explaining on Fox News last weekend why he might push ahead with an impeachment inquiry. “If you look at all the information we’ve been able to gather so far, it is a natural step forward that you would have to go to an impeachment inquiry,” he said.Even if Republican investigators turned up evidence that Mr. Biden had done something as vice president to help his son’s business, it would be the first time a president was targeted for impeachment for actions taken before he became president, raising novel constitutional issues.For now, though, it is hardly certain that Republicans would authorize an inquiry. Mr. McCarthy told Breitbart News on Friday that if they pursued such an inquiry, “it would occur through a vote on the floor,” not through a decree by him, and veteran strategists in both parties doubt he could muster the 218 votes needed to proceed.The speaker’s flirtation with holding such a vote may be simply a way of catering to Ms. Greene and others on his right flank. He has used the thirst to investigate Mr. Biden as an argument against a government shutdown, suggesting that a budgetary impasse would stall House inquiries.Representative Marjorie Taylor Greene has vowed to oppose funding the government unless the House holds a vote to open an impeachment inquiry against President Biden.Kenny Holston/The New York TimesBut some Republicans have warned that a formal impeachment drive could be a mistake. Representative Ken Buck, Republican of Colorado, has said that “impeachment theater” was a distraction from spending issues and that it was not “responsible for us to talk about impeachment.” Ari Fleischer, a former White House press secretary under President George W. Bush, said impeachment could “unleash an internal Republican civil war” and if unsuccessful lead to “the worst, biggest backfire for Republicans.”The White House has been building its team to defend against Republican congressional investigations for more than a year, a team now bracing for a possible impeachment inquiry. Richard Sauber, a former federal prosecutor, was appointed special counsel in the spring of last year, and Ian Sams, a longtime Democratic communications specialist, was brought on as spokesman for the White House Counsel’s Office. Russell Anello, the top Democratic staff member for the House Oversight Committee, joined last year as well.After Republicans won control of the House in the November midterm elections, more people were added to handle the multitude of congressional investigations. Stuart Delery, the White House counsel who is stepping down this month, will be replaced by Ed Siskel, who handled Republican investigations into issues like the Benghazi terror attack for President Barack Obama’s White House.A critical adviser for Mr. Biden will be his personal attorney, Bob Bauer, one of the most veteran figures in Washington’s legal-political wars. As a private lawyer, he advised the House Democratic leader during Mr. Clinton’s impeachment and then the Senate Democratic leader during the subsequent trial, helping to shape strategies that kept Democrats largely unified behind their president.Mr. Biden himself has seen four impeachment efforts up close during his long career in Washington. He was a first-term senator when Mr. Nixon resigned rather than face a seemingly certain Senate trial in 1974 and a fifth-term senator when he voted to acquit Mr. Clinton in 1999. It was Mr. Biden that Mr. Trump tried to strong-arm Ukraine into investigating, leading to the former president’s first impeachment in 2019. And it was Mr. Biden’s victory in 2020 that Mr. Trump tried to overturn with the help of a mob that attacked Congress on Jan. 6, 2021, leading to a second impeachment.The Clinton impeachment battle has provided some lessons for the Biden team, although the circumstances are significantly different and the political environment has shifted dramatically in the 25 years since then. Much as the Clinton White House did, the Biden White House has tried to separate its defense against Republican investigators from the day-to-day operations of the building, assigning Mr. Sams to respond mostly off camera to issues arising from the investigations rather than Karine Jean-Pierre, the White House press secretary, during her televised briefings.As in the late 1990s, the strategy now is to paint Republicans as rabid partisans only interested in attacking the president of the other party out of political or ideological motives in contrast to a commander in chief focused on issues of importance to everyday voters, like health care and the economy.The approach worked for Mr. Clinton, whose approval ratings shot up to their highest levels of his two terms, surpassing 70 percent, when he was impeached for perjury and obstruction of justice. Mr. Biden’s approval ratings remain mired in the low 40s, but advisers think a serious impeachment threat would rally disaffected supporters.Mr. Herrig’s Congressional Integrity Project, founded after last year’s midterm elections, hopes to turn the Republican impeachment drive against them. His group’s board chairman, Jeff Peck, is a longtime Biden ally, and it recently hired Kate Berner, the former White House deputy communications director.The group has teams in New York and California and plans to expand to other battleground districts. “This is a political loser for vulnerable Republicans,” Mr. Herrig said. “McCarthy’s doing the bidding of Trump and Marjorie Taylor Greene and putting his majority at risk.” More

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      Appeasing Donald Trump Won’t Work

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      I’m going to begin this column with a rather unusual reading recommendation. If you’ve got an afternoon to kill and want to read 126 pages of heavily footnoted legal argument and historical analysis, I strongly recommend a law review article entitled “The Sweep and Force of Section Three.” It’s a rather dull headline for a highly provocative argument: that Donald Trump is constitutionally disqualified from holding the office of president.In the article, two respected conservative law professors, William Baude and Michael Stokes Paulsen, make the case that the text, history and tradition of Section 3 of the 14th Amendment — a post-Civil War amendment that prohibited former public officials from holding office again if they “engaged in insurrection or rebellion” or gave “aid or comfort” to those who did — all strongly point to the conclusion that Trump is ineligible for the presidency based on his actions on and related to Jan. 6, 2021. Barring a two-thirds congressional amnesty vote, Trump’s ineligibility, Baude and Paulsen argue, is as absolute as if he were too young to be president or were not a natural-born citizen of the United States.It’s a fascinating and compelling argument that only grows more compelling with each painstakingly researched page. But as I was reading it, a single, depressing thought came to my mind. Baude and Paulsen’s argument may well represent the single most rigorous and definitive explanation of Section 3 ever put to paper, yet it’s difficult to imagine, at this late date, the Supreme Court ultimately either striking Trump from the ballot or permitting state officials to do so.As powerful as Baude and Paulsen’s substantive argument is, the late date means that by the time any challenge to Trump’s eligibility might reach the Supreme Court, voters may have already started voting in the Republican primaries. Millions of votes could have been cast. The Supreme Court is already reluctant to change election procedures on the eve of an election. How eager would it be to remove a candidate from the ballot after he’s perhaps even clinched a primary?While I believe the court should intervene even if the hour is late, it’s worth remembering that it would face this decision only because of the comprehensive failure of congressional Republicans. Let me be specific. There was never any way to remove Trump from American politics through the Democratic Party alone. Ending Trump’s political career required Republican cooperation, and Republicans have shirked their constitutional duties, sometimes through sheer cowardice. They have punted their responsibilities to other branches of government or simply shrunk back in fear of the consequences.In hindsight, for example, Republican inaction after Jan. 6 boggles the mind. Rather than remove Trump from American politics by convicting him in the Senate after his second impeachment, Republicans punted their responsibilities to the American legal system. As Mitch McConnell said when he voted to acquit Trump, “We have a criminal justice system in this country.” Yet not even a successful prosecution and felony conviction — on any of the charges against him, in any of the multiple venues — can disqualify Trump from serving as president. Because of G.O.P. cowardice, our nation is genuinely facing the possibility of a president’s taking the oath of office while also appealing one or more substantial prison sentences.Republicans have also punted to the American voters, suggesting that any outstanding questions of Trump’s fitness be decided at the ballot box. It’s a recommendation with some real appeal. (In his most recent newsletter, my colleague Ross Douthat makes a powerful case that only politics can solve the problem of Donald Trump.) “Give the people what they want” is a core element of democratic politics, and if enough people “want” Trump, then who are American politicians or judges to deprive them? Yet the American founders (and the drafters of the 14th Amendment) also knew the necessity of occasionally checking the popular will, and the Constitution thus contains a host of safeguards designed to protect American democracy from majorities run amok. After all, if voting alone were sufficient to protect America from insurrectionist leaders, there would have been no need to draft or ratify Section 3.Why are Republicans in Congress punting to voters and the legal system? For many of them, the answer lies in raw fear. First, there is the simple political fear of losing a House or Senate seat. In polarized, gerrymandered America, all too many Republican politicians face political risk only from their right, and that “right” appears to be overwhelmingly populated by Trumpists.But there’s another fear as well, that imposing accountability will only escalate American political division, leading to a tit-for-tat of prosecuted or disqualified politicians. This fear is sometimes difficult to take seriously. For example, conservative podcaster Ben Shapiro raised it, arguing that “running for office now carries the legal risk of going to jail — on all sides.” Yet he had himself written an entire book calling for racketeering charges against Barack Obama.That said, the idea that vengeful MAGA Republicans might prosecute Democrats out of spite is credible enough to raise concerns outside the infotainment right. Michael McConnell, a conservative professor I admire a great deal (and one who is no fan of Donald Trump), expressed concern about the Section 3 approach to disqualifying Trump. “I worry that this approach could empower partisans to seek disqualification every time a politician supports or speaks in support of the objectives of a political riot,” he wrote, adding, “Imagine how bad actors will use this theory.”In other words, Trump abused America once, and the fear is that if we hold him accountable, he or his allies will abuse our nation again. I think Professor McConnell’s warnings are correct. Trump and his allies are already advertising their plans for revenge. But if past practice is any guide, Trump and his allies will abuse our nation whether we hold him accountable or not. The abuse is the constant reality of Trump and the movement he leads. Accountability is the variable — dependent on the courage and will of key American leaders — and only accountability has any real hope of stopping the abuse.A fundamental reality of human existence is that vice often leaves virtue with few good options. Evil men can attach catastrophic risks to virtually any course of action, however admirable. But we can and should learn lessons from history. George Washington and Abraham Lincoln, two of our greatest presidents, both faced insurrectionary movements, and their example should teach us today. When Washington faced an open revolt during the Whiskey Rebellion in 1794, he didn’t appease the rebels, instead mobilizing overwhelming force to meet the moment and end the threat.In 1861, Lincoln rejected advice to abandon Fort Sumter in South Carolina in the hope of avoiding direct confrontation with the nascent Confederate Army. Instead, he ordered the Navy to resupply the fort. The Confederates bombarded Sumter and launched the deadliest war in American history, but there was no point at which Lincoln was going to permit rebels to blackmail the United States into extinction.If you think the comparisons to the Whiskey Rebellion or the Civil War are overwrought, just consider the consequences had Trump’s plan succeeded. I have previously described Jan. 6 as “America’s near-death day” for good reason. If Mike Pence had declared Trump the victor — or even if the certification of the election had been delayed — one shudders to consider what would have happened next. We would have faced the possibility of two presidents’ being sworn in at once, with the Supreme Court (and ultimately federal law enforcement, or perhaps even the Army) being tasked with deciding which one was truly legitimate.Thankfully, the American legal system has worked well enough to knock the MAGA movement on its heels. Hundreds of Jan. 6 rioters face criminal justice. The movement’s corrupt lawyers face their own days in court. Trump is indicted in four jurisdictions. Yet all of that work can be undone — and every triumph will turn to defeat — if a disqualified president reclaims power in large part through the fear of his foes.But the story of Washington and Lincoln doesn’t stop with their decisive victories. While 10 members of the Whiskey Rebellion were tried for treason, only two were convicted, and Washington ultimately pardoned them both. On the eve of final victory, Lincoln’s second Inaugural Address contained words of grace that echo through history, “With malice toward none, with charity for all.”Victory is not incompatible with mercy, and mercy can be indispensable after victory. But while the threat remains, so must the resolve, even if it means asking the Supreme Court to intervene at the worst possible time. Let me end where I began. Read Baude and Paulsen — and not just for their compelling legal argument. Read and remember what it was like when people of character and conviction inhabited the American political class. They have given us the tools to defend the American experiment. All we need is the will.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      How to Beat Donald Trump

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      Michelle Cottle, Ross Douthat and Listen to and follow ‘Matter of Opinion’Apple Podcasts | Spotify | Amazon MusicDonald Trump was impeached twice. He has been indicted three times. He lost the 2020 election. And yet he’s the clear Republican front-runner for 2024.Today on “Matter of Opinion,” Michelle Cottle, Ross Douthat and Carlos Lozada explore how Trump has created a winning political strategy and what his potential nomination could mean for Joe Biden, the Republican Party and the future of the country.Illustration by The New York Times; photograph by Scott Eisen/Getty ImagesMentioned in this episode:“The Normal Paths to Beating Trump Are Closing,” by Ross Douthat for The New York Times“The Right Way to Resist Trump,” by Luigi Zingales in The New York Times“Rules for Resistance: Advice From Around the Globe for the Age of Trump,” by David Cole and Melanie Wachtell Stinnett“Trump and Allies Forge Plans to Increase Presidential Power in 2025,” by Jonathan Swan, Charlie Savage and Maggie Haberman for The New York Times“So Help Me God,” by Mike Pence“The Imperial Presidency,” by Arthur M. Schlesinger Jr.Thoughts? Email us at matterofopinion@nytimes.com.Follow our hosts on X: Michelle Cottle (@mcottle), Ross Douthat (@DouthatNYT) and Carlos Lozada (@CarlosNYT).“Matter of Opinion” is produced by Phoebe Lett, Sophia Alvarez Boyd and Derek Arthur. Edited by Stephanie Joyce. Mixing by Pat McCusker. Original music by Isaac Jones, Efim Shapiro, Carole Sabouraud, Sonia Herrero and Pat McCusker. Our fact-checking team is Kate Sinclair, Mary Marge Locker and Michelle Harris. Audience strategy by Shannon Busta and Kristina Samulewski. Our executive producer is Annie-Rose Strasser. More

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      Why Jack Smith Had to Bring This Indictment Against Trump

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      Donald Trump has now been indicted three times, accused of crimes occurring before, during and after his presidency. The latest indictment alleges facts from all quarters to prove his criminality: from the vice president to the White House counsel and the heads of the Justice Department, the Department of Homeland Security and the Office of National Intelligence, as well as many others. All are Republican loyalists.But the indictment does more: It skillfully avoids breathing air into a Trump claim of selective prosecution. To not have brought this case against Mr. Trump would have been an act of selective nonprosecution. The Justice Department has already charged and obtained convictions for myriad foot soldiers related to the attack on the Capitol on Jan. 6, 2021, including charging well over 300 people for obstructing the congressional proceedings. In this indictment, the special counsel Jack Smith wisely brings that same charge, but now against the alleged leader of the effort to thwart the transfer of power.That charge of obstruction and conspiracy to defraud the United States in the administration of elections are entirely fitting for the conduct alleged in the indictment. In a civil case last year, the Federal District Court judge David Carter held that Mr. Trump and John Eastman likely engaged in a criminal conspiracy under both those statutes in their schemes to organize false electors and pressure the vice president. Mr. Smith has now said he can prove the same conduct beyond a reasonable doubt.Although the Jan. 6 select committee referred Mr. Trump for investigation for inciting an insurrection, Mr. Smith wisely demurred. The Justice Department has not charged that offense in any other case involving the attack on the Capitol, and insurrection has not been charged since the 19th century. Of course, no president has engaged in it since then — but since no one else has been charged with that crime relating to Jan. 6, it likely would have been an issue. And since the penalty for the insurrection offense is that the defendant would not be eligible to hold federal office, it would have fueled a claim of weaponizing the Justice Department to defeat a political rival.Mr. Trump and others like him will of course continue to assert that the Justice Department has been politically weaponized. That claim has it exactly backward.To not charge Mr. Trump for trying to criminally interfere with the transfer of power to a duly elected president would be to politicize the matter. It would mean external political considerations had infected the Justice Department’s decision-making and steered the institution away from its commitment to holding everyone equally accountable under the law.What those circling their wagons around Mr. Trump are in effect asking for is a two-tiered system, in which the people who were stirred by lies to interrupt the congressional certification are held to account but not the chief instigator. That injustice has not been lost on judges overseeing cases related to Jan. 6. In the 2021 sentencing of John Lolos — a 48-year-old man with no criminal record who traveled from Seattle to hear Mr. Trump’s speech at the Ellipse before being convinced to “storm” the Capitol — Judge Amit Mehta commented on the incongruity in the D.C. courtroom.“People like Mr. Lolos were told lies, fed falsehoods, and told that our election was stolen when it clearly was not,” the judge said. He went on to add that those “who created the conditions that led to Mr. Lolos’s conduct” and the events of Jan. 6 have “in no meaningful sense” been held “to account for their actions and their words.”We are now on the doorstep of the sort of accountability that Judge Mehta found lacking.That is what also makes this indictment of the former president different. Where both the Manhattan hush money case and classified documents case have been, in some part, mired in discussions of whataboutism, the 2020 election interference indictment is where whataboutism goes to die.In this case, the Trump stratagem is unmasked. Given the record of robust prosecutions of Jan. 6 foot soldiers and Mr. Trump’s responsibility for their actions, he has had to resort to saying the Capitol attack was good, and he and his enablers have lauded convicted felons as heroes and “political prisoners.” Mr. Trump’s continued statements in favor of the Jan. 6 defendants can and likely will be used against him in any trial.As the narrative of the indictment lays out, Mr. Trump’s schemes — to sell the big lie and promote election fraud even when he privately conceded to advisers the claims were “unsupported” and “crazy” — are what contributed to the attack of Jan. 6. And it is a relief that the indictment includes Mr. Trump’s role and responsibility in that violence. Many Americans would not understand the Justice Department focusing only on bureaucratic and procedural efforts to affect the congressional certification.As Senator Mitch McConnell said at the close of Mr. Trump’s second impeachment trial, “There is no question — none — that President Trump is practically and morally responsible for provoking the events of the day.”He added: “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being accountable by either one.”What is also clear from the indictment is that Mr. Trump will most likely not be the last white-collar defendant charged for the set of crimes it sets out. Mr. Smith clearly, and properly, considers that the six co-conspirators — parts of the indictment describe actions by co-conspirators that correspond with those taken by, for example, Mr. Eastman and Rudy Giuliani — committed federal offenses that threatened the core of our democracy. The rule of law cannot tolerate those actors facing charges with the main protagonist going scot free.The main task ahead for Mr. Smith is getting his cases to trial before the general election. But the true test ahead will not be for Mr. Smith. It will be for us: Will Americans care about the rule of law enough to vote for it? The courtroom is a place where facts and law still matter, but the criminal cases against Mr. Trump will test whether the same can be said for the ballot box.Ryan Goodman, a law professor at the New York University School of Law, is a co-editor in chief of Just Security. Andrew Weissmann, a senior prosecutor in Robert Mueller’s special counsel investigation, is a professor at N.Y.U. School of Law and a host of the podcast Prosecuting Donald Trump.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      House Kills Effort to Censure Adam Schiff, Aided by Some Republicans

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      The NewsThe House turned back a Republican effort on Wednesday to formally censure Representative Adam B. Schiff, Democrat of California, for his role in investigating and impeaching former President Donald J. Trump.The vote was 225 to 196 to table, or kill, a resolution by Representative Anna Paulina Luna, a Florida Republican who has allied herself closely with the former president. Twenty Republicans joined Democrats in voting to sideline it, with another two G.O.P. lawmakers voting “present” to avoid registering a position. In a surprise, five Democrats also voted “present.”The measure would have rebuked Mr. Schiff, who as chairman of the House Intelligence Committee investigated whether Mr. Trump colluded with Russia to win the 2016 election and prosecuted Mr. Trump at his first impeachment trial. It called for an ethics investigation into Mr. Schiff and a $16 million fine if he was found to have lied.Representative Adam B. Schiff, Democrat of California, investigated whether former President Donald J. Trump colluded with Russia to win the 2016 election and prosecuted Mr. Trump at his first impeachment trial.Haiyun Jiang/The New York TimesWhy It MattersThe censure resolution, coming a day after Mr. Trump was arraigned in a federal court on 37 criminal counts related to his mishandling of classified documents and efforts to obstruct federal investigators, was the latest bid by Republicans to retaliate against Democrats for their treatment of the former president.But while the measure, which accused Mr. Schiff of willfully lying for political gain, was highly partisan, it raised complicated questions about accountability and revenge. Mr. Schiff’s claims that there was “ample evidence” that Mr. Trump colluded with Russia were undermined by the conclusions of the special counsel Robert S. Mueller III, who wrote in his report that his investigation “did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.” Republicans have wielded that determination to accuse Mr. Schiff of lying.“Ultimately, this is an accountability tool that we can do to each other to ensure that the integrity of the institution is intact,” Ms. Luna said.Still, Mr. Schiff’s statements and allegations were made during an official investigation of Mr. Trump. On Wednesday, Mr. Schiff called the effort to censure him “political payback” and warned that it would set “a dangerous precedent of going after someone who held a corrupt president accountable.”The bipartisan vote to table the measure suggested that at least some Republicans agreed that it was inappropriate.BackgroundMr. Schiff, who is running in a competitive primary for the chance to succeed a fellow California Democrat, Senator Dianne Feinstein, has long been vilified by the G.O.P. Earlier this year, Speaker Kevin McCarthy unilaterally removed him from the Intelligence Committee.Ms. Luna, who first filed a resolution to fine and censure Mr. Schiff, rewrote her measure to say that the House Ethics Committee should impose the $16 million penalty if it determined that Mr. Schiff had “lied, made misrepresentations and abused sensitive information.” The move was geared toward allaying concerns about the resolution among Republicans, but it did not appear to have succeeded.“The Constitution says the House may make its own rules but we can’t violate other (later) provisions of the Constitution,” Representative Thomas Massie, Republican of Kentucky, wrote on Twitter, arguing that the resolution violated amendments governing excessive fines and changes to congressional pay.What’s NextMr. Schiff has been using the censure resolution to raise funds for his Senate campaign, beseeching supporters to chip in money to help him cover a fine that has little chance of being levied.It was unclear whether Ms. Luna’s effort was the start of a trend. This month, Representative Matt Gaetz, Republican of Florida, filed a resolution to censure Representative Bennie Thompson, Democrat of Mississippi, accusing him of improperly sharing records with the Biden administration while running the committee that investigated the Jan. 6 attack on the Capitol, and the events leading up to it. More

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      Ecuador’s President Dissolves Congress Amid Impeachment Trial

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      President Guillermo Lasso disbanded the National Assembly as the opposition-led body was trying to oust him on embezzlement charges.President Guillermo Lasso of Ecuador disbanded the country’s opposition-led National Assembly on Wednesday, a drastic move as the right-leaning leader faced impeachment proceedings over accusations of embezzlement.The constitutional measure, never before used, allows the president to rule by decree until new elections can be held, marking a moment of extraordinary political turbulence for a country of 18 million already in turmoil.Ecuador has long been a relative haven in the region, but in recent years it has been convulsed by rising violence and a skyrocketing homicide rate as increasingly powerful narco-trafficking groups fight for territory.Opposition lawmakers accused Mr. Lasso of turning a blind eye to irregularities and embezzlement in a contract between a state-run shipping company and an oil tanker company that wasn’t delivering on its promises — allegations first made in news reports. The country’s constitutional court later approved a charge of embezzlement against the president but denied two charges of bribery.The charge was being investigated by congress and is political in nature. It is not a criminal charge.Last week, the National Assembly voted to begin impeachment hearings, but all proceedings were permanently halted once Mr. Lasso dissolved congress.The president has repeatedly denied the charges, pointing out that the contract was signed before he took office.“The prosecutors of this trial have acknowledged that they have nothing,” Mr. Lasso said on Tuesday during the impeachment proceeding. “This inquiry is political.”He added, “This is not about saving a presidency, but about preserving a functioning democracy.”This was the second time the opposition had tried to remove Mr. Lasso from the presidency since he took office in 2021.He has faced growing criticism and petitions for his removal from civil society groups in the face of soaring rates of crime, extortion, kidnappings and robberies. Gangs battle for control of drug routes and have gained greater control over the country’s prisons, leading to several prison riots and massacres over the last three years.For weeks, the president and congress were locked in a game of brinkmanship, with legislators threatening to impeach and remove Mr. Lasso as he threatened to dissolve congress and call new elections — a move known in Ecuador as muerte cruzada, or mutually assured death.The mechanism was written into the Constitution in 2008 as a tool to end deadlocks between the presidency and the legislature. But until now, no president had ever enacted it.With Mr. Lasso’s approval ratings plummeting, in some cases below 20 percent, he will govern by decree until new elections are held. The Constitution gives the national election body seven days to set a date for a presidential and legislative vote. The newly elected president and National Assembly would then govern until the end of the original term, 2025.The disbanding of congress provides temporary stability for the country, said Arianna Tanca, an Ecuadorean political scientist, allowing Mr. Lasso to pass laws without a deadlock and giving political parties the chance for a “reset.”But it also threatens to undercut the country’s democracy. A head of government calling for new elections is common in parliamentary democracies, but has no parallel in other presidential democracies in Latin America, said Mauricio Alarcón Salvador, the director of Transparency International’s chapter in Ecuador.“To see a president shut down the assembly and assume legislative power in a transitory manner is, undoubtedly, a blow to democracy,” he said, “and, above all, to the system of checks and balances that should be in force in any democracy in the world.”Mr. Lasso’s decision comes amid upheaval in the region. In December, Peru’s president attempted to dissolve congress — in this case an illegal move that led to his removal and arrest, and then to widespread protests that left dozens of people dead.In January, supporters of former President Jair Bolsonaro of Brazil stormed government buildings in the capital, arguing that November’s election, in which he was defeated, had been rigged.Will Freeman, a fellow for Latin America studies at the Council on Foreign Relations, said that Mr. Lasso’s decision to go around legislators could — possibly — be good for him.“Even though he is very unpopular now, I could see six months of rule by decree actually boosting his popularity if he can do something quickly about the twin crises of crime, and hunger and poverty,” he said. “Although, given his track record, that’s a big if.”Some human rights activists said they worry that Mr. Lasso’s power to govern by decree could open the door for serious rights violations, like using terrorism laws to target Indigenous organizations and other groups that might oppose him.“The executive branch governing by decree could continue to exacerbate and favor the interests of the banks, the oil mining companies and certain privileged sectors, to the detriment of the rights of the majorities,” said Lina María Espinosa, a human rights lawyer.Mr. Lasso’s first act on Wednesday under his new powers was a tax cut for businesses and middle-class Ecuadoreans, a move that was welcomed by María Paz Jervis, the president of the Chambers of Industries and Production, a business group.While the dissolution of the legislature could lead to unrest and hurt the economy, Ms. Jervis said new elections were a positive development for a country that needed economic growth, to fight poverty and to produce more jobs.“After this weariness, after this burden that we have felt with this political class, we believe that it is the moment to inaugurate a new politics in Ecuador,” she said.José María León Cabrera More