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    Joe Biden and Democrats Must Help People Fast

    Credit…Hudson ChristieSkip to contentSkip to site indexOpinionDemocrats, Here’s How to Lose in 2022. And Deserve It.You don’t get re-elected for things voters don’t know about.Credit…Hudson ChristieSupported byContinue reading the main storyOpinion ColumnistJan. 21, 2021President Biden takes office with a ticking clock. The Democrats’ margin in the House and Senate couldn’t be thinner, and midterms typically raze the governing party. That gives Democrats two years to govern. Two years to prove that the American political system can work. Two years to show Trumpism was an experiment that need not be repeated.Two years.This is the responsibility the Democratic majority must bear: If they fail or falter, they will open the door for Trumpism or something like it to return, and there is every reason to believe it will be far worse next time. To stop it, Democrats need to reimagine their role. They cannot merely defend the political system. They must rebuild it.“This is a fight not just for the future of the Democratic Party or good policy,” Senator Bernie Sanders told me. “It is literally a fight to restore faith in small-d democratic government.”Among the many tributaries flowing into Trumpism, one in particular has gone dangerously overlooked. In their book “Presidents, Populism and the Crisis of Democracy,” the political scientists William Howell and Terry Moe write that “populists don’t just feed on socioeconomic discontent. They feed on ineffective government — and their great appeal is that they claim to replace it with a government that is effective through their own autocratic power.”Donald Trump was this kind of populist. Democrats mocked his “I alone can fix it” message for its braggadocio and feared its authoritarianism, but they did not take seriously the deep soil in which it was rooted: The American system of governance is leaving too many Americans to despair and misery, too many problems unsolved, too many people disillusioned. It is captured by corporations and paralyzed by archaic rules. It is failing, and too many Democrats treat its failures as regrettable inevitabilities rather than a true crisis.But now Democrats have another chance. To avoid the mistakes of the past, three principles should guide their efforts. First, they need to help people fast and visibly. Second, they need to take politics seriously, recognizing that defeat in 2022 will result in catastrophe. The Trumpist Republican Party needs to be politically discredited through repeated losses; it cannot simply be allowed to ride back to primacy on the coattails of Democratic failure. And, finally, they need to do more than talk about the importance of democracy. They need to deepen American democracy.The good news is that Democrats have learned many of these lessons, at least in theory. The $1.9 trillion rescue plan Biden proposed is packed with ideas that would make an undeniable difference in people’s lives, from $1,400 checks to paid leave to the construction of a national coronavirus testing infrastructure that will allow some semblance of normal life to resume.And congressional Democrats have united behind sweeping legislation to expand American democracy. The “For The People Act,” which House Democrats passed in 2019 and Senate Democrats have said will be their first bill in the new session, would do more to protect and expand the right to vote than any legislation passed since the Great Society, and it would go a long way toward building a fairer and more transparent campaign financing system. In June, House Democrats passed a bill granting statehood to Washington, D.C., which would end one of the most appalling cases of systematic disenfranchisement in the country.“It’s time for boldness, for there is so much to do,” Biden said in his Inaugural Address. “This is certain, I promise you: We will be judged, you and I, by how we resolve these cascading crises of our era.”But none of these bills will pass a Senate in which the filibuster forces 60-vote supermajorities on routine legislation. And that clarifies the real question Democrats face. They have plenty of ideas that could improve people’s lives and strengthen democracy. But they have, repeatedly, proven themselves more committed to preserving the status quo of the political system than fulfilling their promises to voters. They have preferred the false peace of decorum to the true progress of democracy. If they choose that path again, they will lose their majority in 2022, and they will deserve it.Just Help PeopleThe last time Democrats won the White House, the Senate and the House was in 2008, and they didn’t squander the moment. They passed the stimulus and Obamacare and Dodd-Frank. They saved the auto industry and prevented a second Great Depression and, for good measure, drove the largest investment in clean energy infrastructure in American history.But too little of their work was evident in 2010, when Democrats were running for re-election. The result was, as President Barack Obama put it, “a shellacking.” Democrats lost six Senate seats and 63 House seats. They also lost 20 state legislatures, giving Republicans control of the decennial redistricting process.Democrats have less margin for error in 2021 than they did in 2009. Their congressional majorities are smaller — 50 seats in the Senate versus 60, and 222 seats in the House versus 257. Republican dominance of redistricting efforts, and a growing Senate and Electoral College bias toward red states, has tilted the electoral map against them. The nationalization of politics has shrunk ticket-splitting voters down to a marginal phenomenon, making it harder for red and purple state Democrats to separate themselves from the fortunes of the national party.In 2009, Democrats might reasonably have believed they had a few election cycles in which to govern, to tweak their bills and programs, to see the fruits of their governance. In 2021, no such illusion is possible.Tom Perriello is the executive director of U.S. programs at the Open Society Foundations. But in 2009, he was a newly elected Democrat from Virginia’s Fifth district, where he’d narrowly beaten a Republican. Two years later, Republicans took back his seat. They still hold it. Democrats cannot allow a wipeout in 2022 like they suffered in 2010, and looking back, Perriello told me what he thought Democrats could’ve done to save his seat.“There’s a belief among a certain set of Democrats that taking an idea and cutting it in half makes it a better idea when it just makes it a worse idea,” he says. As we talk, he ticks off the examples: The stimulus bill was whittled down and down, ending far beneath what economists thought necessary to rescue the economy. The House’s more populist health reform bill — which included a public option, heftier subsidies and was primarily financed by taxing the rich — was cast aside in favor of the Senate’s stingier, more complex proposal. The House passed “cramdown” legislation, which would have allowed bankruptcy judges to alter the terms of mortgages so banks took losses and homeowners would have been more likely to keep their homes, but the bill failed in the Senate, and the impression took hold — correctly — that Congress was bailing out the banks, but not desperate homeowners.Credit…Hudson ChristieThe Obama administration believed that if you got the policy right, the politics would follow. That led, occasionally, to policies that almost entirely abandoned politics, so deep ran the faith in clever design. The Making Work Pay tax credit, which was a centerpiece of the Recovery Act, was constructed to be invisible — the Obama administration, working off new research in behavioral economics, believed Americans would be more likely to spend a windfall that they didn’t know they got. “When all was said and done, only around 10 percent of people who received benefits knew they had received something from the government,” says Suzanne Mettler, a political scientist at Cornell. You don’t get re-elected for things voters don’t know you did.Nor do you get re-elected for legislation voters cannot yet feel. The Affordable Care Act didn’t begin delivering health insurance on a mass scale until four years after the bill’s passage. That reflected a doomed effort to win Republican support by prioritizing private insurance and a budgetary gimmick meant to keep the total price tag under a trillion dollars over 10 years. Obamacare eventually became a political winner for Democrats, but it took the better part of a decade. A simpler, faster, more generous bill would have been better politics and better policy.“Democrats are famous for 87-point programs which sometimes do some good but nobody understands what they are,” Senator Sanders said. “What we need to do now is, in very bold and clear ways, make people understand government is directly improving their lives.”That’s particularly important in a time of fractured media, polarized parties and widespread disinformation. Democrats cannot rely on widely trusted media figures or civic leaders to validate their programs. Policy has to speak for itself and it has to speak clearly.“The wisdom from much of the political science research is that partisanship trumps everything,” says Amy Lerman, a political scientist at the University of California at Berkeley, and author of “Good Enough for Government Work.” “But one of the insights from the policy feedback literature in particular is that when people experience policy, they don’t necessarily experience it as partisans. They experience it as a parent sending their child to school or a patient visiting a doctor, not as a Democrat or Republican. And because people are often thinking in nonpolitical terms during their day-to-day lives, they are much more open to having their views changed when they see the actual, tangible benefits of a policy in their lives. It’s a way of breaking through partisanship.”Make the Senate Great AgainPresident Biden’s agenda will live or die in the Senate. Odds are it will die, killed by the filibuster.The modern Senate has become something the Founders never intended: a body where only a supermajority can govern. From 1941 to 1970, the Senate only took 36 votes to break filibusters. In 2009 and 2010 alone, they took 91. Here’s the simple truth facing the Democratic agenda: In a Senate without a filibuster, they have some chance of passing some rough facsimile of the agenda they’ve promised. In a Senate with a filibuster, they do not.“I’ve said to the president-elect, ‘reach out across the aisle. Try to work with the Republicans. But don’t let them stymie your program,’” Representative Jim Clyburn, the House majority whip, told me. “You can’t allow the search for bipartisanship to ruin the mandate the American people gave you.’”This is a lesson the Obama administration learned the hard way. Tellingly, both Obama and Harry Reid, the Senate majority leader at the beginning of the Obama administration, have come to support the elimination of the filibuster. “It’s not a question of if the filibuster will be gone, but when it’ll be gone,” Reid told me by phone. “You cannot have a democratic body where it takes 60 percent of the vote to get anything done.”When I asked Biden, during the campaign, about filibuster reform, he was reluctant, but not definitively opposed. “I think it’s going to depend on how obstreperous they” — meaning Republicans — “become, and if they become that way,” he replied. “I have not supported the elimination of the filibuster because it has been used as often to protect rights I care about as the other way around. But you’re going to have to take a look at it.”Senate Democrats could eliminate the filibuster if every single one of them wanted to, but even a single defection would doom them. Senator Joe Manchin has promised to be that defection. Mere days after the election, he went on Fox News and said, “I commit to you tonight, and I commit to all of your viewers and everyone else that’s watching. I want to allay those fears, I want to rest those fears for you right now because when they talk about whether it be packing the courts, or ending the filibuster, I will not vote to do that.”Red state Democrats like Manchin have long held to a political strategy in which public opposition to their party’s initiatives proves their independence and moderation. And there was a time when that strategy could work. But the nationalized, polarized structure of modern American politics has ended it.Ticket-splitting has been on a sharp decline for decades, and it has arguably reached a nearly terminal point. According to calculations by the Democratic data analyst David Shor, the correlation between the statewide vote for Senate Democrats and the statewide vote for the Democratic presidential candidate was 71 percent in 2008. High, which is why Obama’s sagging approval ratings hurt Democrats so badly in 2010, but there was still some room to maneuver. But by 2016, it was 93.2 percent. And in 2020, it was 94.5 percent. With few exceptions — and Senator Manchin, admittedly, has been one — Democrats live or die together. They certainly win or lose the majority together.To give Manchin his due, a more high-minded fear — shared by others in his caucus — is that we have just come through a long, ugly period of partisan norm-breaking. Surely the answer to Trump’s relentless assaults on decorum, to Mitch McConnell’s rewriting of Senate rules, is a return to the comity they cast off, to the traditions they’ve violated, to the bipartisanship they abandoned. A version of this may appeal to Biden, too: Trump stretched the boundaries of executive authority, so perhaps he should retreat, offering more deference to Congress and resisting opportunities to go it alone, even when stymied by Republicans. But if this is what he means by “unity,” it will just empower the merchants of division.In their book, Howell and Moe write that this is a common, but dangerously counterproductive, response to populist challengers. Defenders of the political system, eager to show that normalcy has returned, often embrace the very defects and dysfunctions that gave rise to the populist leader in the first place. The nightmare scenario is that Trump is defeated, driven from office, and that augurs in an era when even less appears to get done, as President Biden submits to congressional paralysis while embracing a calmer communications strategy. If Democrats permit that to happen, they will pave the road for the next Trump-like politician, one who will be yet more disciplined and dangerous than Trump.Democrats for Democracy“Democracy is precious,” Biden said at his inauguration. “Democracy is fragile. And at this hour, my friends, democracy has prevailed.”It’s a stirring sentiment, but wrong. Democracy barely survived. If America actually abided by normal democratic principles, Trump would have lost in 2016, after receiving almost three million fewer votes than Hillary Clinton. The American people did not want this presidency, but they got it anyway, and the result was carnage. In 2020, Trump lost by about seven million votes, but if about 40,000 votes had switched in key states, he would have won anyway. The Senate is split 50-50, but the 50 Democrats represent more than 41 million more Americans than the 50 Republicans. This is not a good system.Democracy is designed as a feedback loop. Voters choose leaders. Leaders govern. Voters judge the results, and either return the leaders to power, or give their opponents a chance. That feedback loop is broken in American politics. It is broken because of gerrymandering, because of the Senate, because of the filibuster, because of the Electoral College, because we have declared money to be speech and allowed those with wealth to speak much more loudly than those without.It is also broken because we directly disenfranchise millions of Americans. In the nation’s capital, 700,000 residents have no vote in the House or Senate at all. The same is true in Puerto Rico, which, with 3.2 million residents, is larger than 20 existing states. For decades, Democrats promised to offer statehood to residents of both territories, but have never followed through. It is no accident that these are parts of the country largely populated by Black and Hispanic voters. If Democrats believe anything they have said over the past year about combating structural racism and building a multiethnic democracy, then it is obvious where they must start.“It would be a devastating civil rights failure if we didn’t achieve statehood now,” Stasha Rhodes, the campaign director of 51 for 51, which advocates D.C. statehood, told me. “It would also be a sign that Democrats are not interested in restoring and strengthening American democracy. We can no longer say Republicans are anti-democracy when we now have a chance to restore and create the democracy we say is important, and then we don’t do it.”After Representative John Lewis died, Obama used his eulogy to address those in Congress who called Lewis a hero but allowed the rights to which he had devoted his life to wither. “You want to honor John? Let’s honor him by revitalizing the law that he was willing to die for. And by the way, naming it the John Lewis Voting Rights Act, that is a fine tribute.” And, he continued, “if all this takes is eliminating the filibuster — another Jim Crow relic — in order to secure the God-given rights of every American, then that’s what we should do.”Democracy is worth fighting for, not least because it’s the fight that will decide all the others. “One of the things a Trump administration has shown is that democracy is inextricably linked to the things that matter to Americans,” Ms. Rhodes said. “The rules are not separate from the issues. If you want effective Covid response, if you want robust gun violence prevention, if you want a strong economy, then you need a true American democracy.”The Vaccine OpportunityGreat presidencies — and new political eras — are born of crises. Thus far, America has bobbled its vaccination rollout. But the fault doesn’t lie only with Trump. In blue states where Democrats command both power and resources, like California and New York, overly restrictive eligibility criteria slowed the rollout, and huge numbers of shots were locked in freezers. It’s an embarrassment.A successful mass immunization campaign will save lives, supercharge the economy and allow us to hug our families and see our friends again. Few presidents, outside the worst of wartime, have entered office with as much opportunity to better people’s lives immediately through competent governance.Biden’s team understands that. Their $20 billion plan to use the full might of the federal government to accelerate vaccinations hits all the right notes. But it’s attached to their $1.9 trillion rescue plan, which needs 10 Republican votes it doesn’t have in order to pass over a filibuster (Senator Mitt Romney already dismissed it as “not well-timed”). Letting the resources required to vaccinate the country — and to set up mass testing and to prevent an economic crisis — become entangled in Republican obstruction for weeks or months would be a terrible mistake.Here, too, Democrats will quickly face a choice: To leave their promises to the American people to the mercies of Mitch McConnell, or to change the Senate so they can change the course of the country.Some, at least, say they’ve learned their lesson. “I’m going to do everything I can to bring people together,” says Senator Ron Wyden, who will chair the powerful Senate Finance Committee, “but I’m not just going to stand around and do nothing while Mitch McConnell ties everyone up in knots.” They will all need to be united on this point for it to matter.In her book “Good Enough for Government Work,” Ms. Lerman argues that the U.S. government is caught in a reputation crisis where its poor performance is assumed, the public is attuned to its flaws and misses its virtues, and fed up citizens stop using public services, which further harms the quality of those services. The Trump years add another dimension to the analysis: Frustration with a government that doesn’t solve problems leads people to vote for demagogic outsiders who create further crises. But this is not an inevitability. Her titular phrase, she notes, “originated during World War II to describe the exacting standards and high quality required by government.” It was only in the 1960s and ’70s that it became a slur.It is no accident that World War II led to the idea that government work was a standard to strive for, not an outcome to fear. Crises remind us of what government is for in the first place. President Biden has an extraordinary opportunity to change the relationship between the people and their government. If he succeeds, he will not only deprive authoritarian populists like Trump of energy, he will give Democrats a chance to win over voters who’ve lost faith in them and he will give voice to millions more that the American political system has silenced. “The best thing we can do right now to reduce levels of anger and frustration on both sides of the aisle is to give people the things they need to live better lives,” says Ms. Lerman.In other words, what Democrats need to do is simple: Just help people, and do it fast.Roge Karma provided additional reporting.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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    Congress Should Bar Trump From Ever Holding Office

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentliveLatest UpdatesHouse Introduces ChargeHow Impeachment Might Work25th Amendment ExplainedAdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyImpeachment Isn’t the Only Option Against TrumpCongress can invoke its constitutional power to bar the president from holding office again.Deepak Gupta and Mr. Gupta is the founder of an appellate litigation law firm in Washington, D.C. Mr. Beutler is the editor in chief of Crooked Media.Jan. 12, 2021, 5:00 a.m. ETCredit…Illustration by The New York Times; photograph by Doug Mills/The New York TimesCongress should use its constitutional power to prohibit instigators and perpetrators of last week’s violent siege of the Capitol, including President Trump, from holding public office ever again.On Monday, House leaders introduced an article of impeachment against the president for “inciting violence against the government of the United States,” an obligatory action, given the gravity of the president’s transgression. But this is not the only route for ensuring accountability. The Constitution has another provision that is tailor-made for the unthinkable, traitorous events of Jan. 6 that goes beyond what impeachment can accomplish.Emerging from the wreckage of the Civil War, Congress was deeply concerned that former leaders of the Confederacy would take over state and federal offices to once again subvert the constitutional order. To prevent that from happening, Congress passed the 14th Amendment, which in Section 3 bars public officials and certain others who have “engaged in insurrection or rebellion” against the Constitution from serving in public office. Although little known today, Section 3 was used in the post-Civil War era to disqualify former rebels from taking office. And, in the wake of perhaps the boldest domestic attack on our nation’s democracy since the Civil War, Section 3 can once again serve as a critical tool to protect our constitutional order.The 14th Amendment gives Congress the power to enforce Section 3 through legislation. So Congress can immediately pass a law declaring that any person who has ever sworn to defend the Constitution — from Mr. Trump to others — and who incited, directed, or participated in the Jan. 6 assault “engaged in insurrection or rebellion” and is therefore constitutionally disqualified from holding office in the future.Congress can also decide how this legislation will be enforced by election officials and the courts, based on all the facts as they come out. The Constitution prohibits Congress from enacting so-called bills of attainder, which single out individuals for guilt. But, in addition to the legislation we suggest, Congress could also pass nonbinding sense-of-Congress resolutions that specify whom they intend to disqualify. This would provide a road map for election officials and judges, should any people named in those resolutions seek to run for or hold public office. And Congress can do this by a simple majority — far less of a hurdle than the two-thirds majority in the Senate that removing the president requires.We believe legislators of conscience should brandish this option not as a substitute for impeachment but as a complement to it. Senators shouldn’t be allowed to escape or indefinitely delay a vote on Mr. Trump’s conduct simply by running out the clock on his term. (The Senate majority leader, Mitch McConnell, has suggested no trial will happen before the inauguration.) Republicans should be on notice that whether or not they face a vote on conviction and removal of Mr. Trump, they will at the very least be compelled to vote by a Democratic-controlled Congress on barring Mr. Trump from ever holding public office again.This option also has power that the impeachment process lacks. As we learn more in the coming months about who is culpable for the siege, the ranks of those disqualified from office will likely swell. The legislation we envision would allow future courts and decision makers to apply the law after the investigations are complete. Eventually, we should have a 9/11 Commission-style report on what led to these events; the facts marshaled there can be deployed under the legislation we propose.We don’t suggest this course of action lightly. It would not have applied to a peaceful protest on the Capitol grounds — even one made to make lawmakers feel uncomfortable as they attended to their ministerial duties. It still would not have applied if the Jan. 6 protests had culminated only in street violence, as several other pro-Trump gatherings in recent months did. The First Amendment protects unruly dissent.But this was a unique event in American history: an obstruction by force of a constitutional process, at the very seat of our government. Parading the Confederate battle flag through the halls of Congress, the insurrectionists interrupted the certification of the election results for several hours and cemented this presidential transition as one marked by deadly violence. Washington’s mayor and congressional leaders concluded that it was necessary to call in the National Guard to quell the insurrection. Had a single additional layer of security failed, many elected officials, including the vice president and the speaker of the House — both of whom are constitutional officers — might have been killed. All to the end of preventing the winner of the 2020 election from taking power.Make no mistake: This was an insurrection. The 14th Amendment disqualifies its instigators from public office, whether the president is convicted in a Senate trial or not.Deepak Gupta is the founder of the appellate litigation firm Gupta Wessler in Washington and a lecturer at Harvard Law School. Brian Beutler is the editor in chief of Crooked Media, which covers politics and culture. He previously was an editor at The New Republic.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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    The Business Rules the Trump Administration Is Racing to Finish

    #masthead-section-label, #masthead-bar-one { display: none }The Jobs CrisisCurrent Unemployment RateThe First Six MonthsPermanent LayoffsWhen a $600 Lifeline EndedAdvertisementContinue reading the main storySupported byContinue reading the main storyThe Business Rules the Trump Administration Is Racing to FinishFrom tariffs and trade to the status of Uber drivers, regulators are trying to install new rules or reduce regulations before President-elect Joe Biden takes over.President Trump is rushing to put into effect new economic regulations and executive orders before his term comes to a close.Credit…Erin Schaff/The New York TimesJan. 11, 2021, 3:00 a.m. ETIn the remaining days of his administration, President Trump is rushing to put into effect a raft of new regulations and executive orders that are intended to put his stamp on business, trade and the economy.Previous presidents in their final term have used the period between the election and the inauguration to take last-minute actions to extend and seal their agendas. Some of the changes are clearly aimed at making it harder, at least for a time, for the next administration to pursue its goals.Of course, President-elect Joseph R. Biden Jr. could issue new executive orders to overturn Mr. Trump’s. And Democrats in Congress, who will control the House and the Senate, could use the Congressional Review Act to quickly reverse regulatory actions from as far back as late August.Here are some of the things that Mr. Trump and his appointees have done or are trying to do before Mr. Biden’s inauguration on Jan. 20. — Peter EavisProhibiting Chinese apps and other products. Mr. Trump signed an executive order on Tuesday banning transactions with eight Chinese software applications, including Alipay. It was the latest escalation of the president’s economic war with China. Details and the start of the ban will fall to Mr. Biden, who could decide not to follow through on the idea. Separately, the Trump administration has also banned the import of some cotton from the Xinjiang region, where China has detained vast numbers of people who are members of ethnic minorities and forced them to work in fields and factories. In another move, the administration prohibited several Chinese companies, including the chip maker SMIC and the drone maker DJI, from buying American products. The administration is weighing further restrictions on China in its final days, including adding Alibaba and Tencent to a list of companies with ties to the Chinese military, a designation that would prevent Americans from investing in those businesses. — Ana SwansonDefining gig workers as contractors. The Labor Department on Wednesday released the final version of a rule that could classify millions of workers in industries like construction, cleaning and the gig economy as contractors rather than employees, another step toward endorsing the business practices of companies like Uber and Lyft. — Noam ScheiberTrimming social media’s legal shield. The Trump administration recently filed a petition asking the Federal Communications Commission to narrow its interpretation of a powerful legal shield for social media platforms like Facebook and YouTube. If the commission doesn’t act before Inauguration Day, the matter will land in the desk of whomever Mr. Biden picks to lead the agency. — David McCabeTaking the tech giants to court. The Federal Trade Commission filed an antitrust suit against Facebook in December, two months after the Justice Department sued Google. Mr. Biden’s appointees will have to decide how best to move forward with the cases. — David McCabeAdding new cryptocurrency disclosure requirements. The Treasury Department late last month proposed new reporting requirements that it said were intended to prevent money laundering for certain cryptocurrency transactions. It gave only 15 days — over the holidays — for public comment. Lawmakers and digital currency enthusiasts wrote to the Treasury secretary, Steven Mnuchin, to protest and won a short extension. But opponents of the proposed rule say the process and substance are flawed, arguing that the requirement would hinder innovation, and are likely to challenge it in court. — Ephrat LivniLimiting banks on social and environmental issues. The Office of the Comptroller of the Currency is rushing a proposed rule that would ban banks from not lending to certain kinds of businesses, like those in the fossil fuel industry, on environmental or social grounds. The regulator unveiled the proposal on Nov. 20 and limited the time it would accept comments to six weeks despite the interruptions of the holidays. — Emily FlitterOverhauling rules on banks and underserved communities. The Office of the Comptroller of the Currency is also proposing new guidelines on how banks can measure their activities to get credit for fulfilling their obligations under the Community Reinvestment Act, an anti-redlining law that forces them to do business in poor and minority communities. The agency rewrote some of the rules in May, but other regulators — the Federal Reserve and the Federal Deposit Insurance Corporation — did not sign on. — Emily FlitterInsuring “hot money” deposits. On Dec. 15, the F.D.I.C. expanded the eligibility of brokered deposits for insurance coverage. These deposits are infusions of cash into a bank in exchange for a high interest rate, but are known as “hot money” because the clients can move the deposits from bank to bank for higher returns. Critics say the change could put the insurance fund at risk. F.D.I.C. officials said the new rule was needed to “modernize” the brokered deposits system. — Emily FlitterNarrowing regulatory authority over airlines. The Department of Transportation in December authorized a rule, sought by airlines and travel agents, that limits the department’s authority over the industry by defining what constitutes an unfair and deceptive practice. Consumer groups widely opposed the rule. Airlines argued that the rule would limit regulatory overreach. And the department said the definitions it used were in line with its past practice. — Niraj ChokshiRolling back a light bulb rule. The Department of Energy has moved to block a rule that would phase out incandescent light bulbs, which people and businesses have increasingly been replacing with much more efficient LED and compact fluorescent bulbs. The energy secretary, Dan Brouillette, a former auto industry lobbyist, said in December that the Trump administration did not want to limit consumer choice. The rule had been slated to go into effect on Jan. 1 and was required by a law passed in 2007. — Ivan PennAdvertisementContinue reading the main story More

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    China Exerts a Heavier Hand in Hong Kong With Mass Arrests

    AdvertisementContinue reading the main storySupported byContinue reading the main storynews analysisWith Mass Arrests, Beijing Exerts an Increasingly Heavy Hand in Hong KongThe central Chinese government, which once wielded its power over Hong Kong with a degree of discretion, has signaled its determination to openly impose its will on the city.Police officers escorting Andrew Wan, a pro-democracy politician who recently resigned from Hong Kong’s legislature, after his arrest along with more than 50 others on Wednesday.Credit…Lam Yik Fei for The New York TimesVivian Wang, Austin Ramzy and Jan. 6, 2021Updated 9:54 a.m. ETHONG KONG — They descended before dawn, 1,000 police officers fanning out across Hong Kong to the homes and offices of opposition lawmakers, activists and lawyers. They whisked many off in police cars, often without telling relatives or friends where they were being taken.Within a few hours on Wednesday, the Hong Kong police had arrested 53 people, searched 76 places and frozen $200,000 of assets in connection with an informal primary for the pro-democracy camp — all under the auspices of Beijing’s new national security law. In one swoop, the authorities rounded up not only some of the most aggressive critics of the Hong Kong government but also little-known figures who had campaigned on far less political issues, in one of the most forceful shows of power in the Chinese Communist Party’s continuing crackdown on the city.The message was clear: Beijing is in charge.The mass arrests signaled that the central Chinese government, which once wielded its power over Hong Kong with a degree of discretion, is increasingly determined to openly impose its will on the city. In the months since the law took effect, Beijing and the Beijing-backed Hong Kong leadership have moved quickly to stamp out even the smallest hint of opposition in the Chinese territory, where the streets once surged with huge pro-democracy protests.The security law, which was enacted in June, has been the most visible tool of the crackdown. With the seeming blessing of Beijing, the Hong Kong authorities have been given the power to interpret the law as they see fit, taking advantage of vague parameters that criminalize anything the government considers to be acts of terrorism, secession, subversion or collusion with foreign powers.The informal primary last July, for example, had little political import, since the Hong Kong government ultimately postponed the election. Even so, it provoked a coordinated show of official force on Wednesday that more than doubled the number of people ensnared under the law. And Hong Kong rounded them up while its most vocal critics, the United States and Britain, were distracted by their own political and health crises.Campaign flags during an informal primary election in July for Hong Kong’s pro-democracy legislative candidates.Credit…Isaac Lawrence/Agence France-Presse — Getty Images“The difference of the national security law from every other piece of legislation is that the national security law will not wait until the worst has happened,” said Ronny Tong, a member of the cabinet that advises Carrie Lam, Hong Kong’s chief executive. “Every single piece of national security law is aimed at preventing the occurrence of the worst.”The Hong Kong government itself was more direct. In a statement Wednesday evening, the government said it would “take resolute enforcement action to achieve a deterrent effect.”In a matter of months, Beijing has also upended the rules that have governed Hong Kong since the former British colony returned to Chinese control in 1997. The Chinese government bypassed Hong Kong courts in November and issued its own decision to order the removal of four opposition lawmakers. By doing so, it circumvented Hong Kong’s local constitution, which limits the Standing Committee of the National People’s Congress, China’s top legislative body, to making amendments or interpretations, legal scholars said.The move all but obliterated the pro-democracy bloc of the city’s legislature. After the ouster, the 15 remaining opposition lawmakers resigned in protest, leaving an entirely Beijing-friendly group of lawmakers.Beijing is reaching into nearly every sector of society. In recent months, the Hong Kong government has ordered civil servants to take oaths of office that emphasize the city is a part of China. Pro-Beijing politicians have called for reforms to the city’s independent judiciary, raising fears that it could become like the party-controlled courts in the mainland. Officials have also promised to redesign school curriculums to ensure that students are being taught “patriotism” and a sense of Chinese national identity.People lining up to vote in the primary. More than 600,000 Hong Kongers participated.Credit…Vincent Yu/Associated PressFor many democracy supporters, the question is not whether Beijing will assert itself again, but when.“We cannot fantasize that, as long as we listen to the Chinese Communist Party, as long as we stop protesting in the streets, the party will let go of us,” said Li Chi-wang, a district councilor.Many worry that Beijing will move next against the district councilors, a hyperlocal elected position, after the opposition’s landslide victory in 2019. Any mass disqualifications could leave the pro-democracy camp without a single foothold in elected office in Hong Kong.The government has already announced plans to reform a mandatory high school civics course, known as liberal studies, that pro-Beijing figures have accused of radicalizing Hong Kong’s youth. University professors have described a chill on their campuses, as administrators try to prevent any national security violations. The legal scholar Benny Tai, who was arrested on Wednesday, was fired by the University of Hong Kong last year in relation to antigovernment protests in 2014.Of special concern is the judiciary, considered one of the few remaining bulwarks against Beijing’s influence. In recent months, pro-Beijing newspapers have issued front-page denunciations of judges deemed overly lenient on protesters. A Chinese legal scholar called for the trial of Jimmy Lai, the pro-democracy media tycoon who was arrested in August on national security charges, to be transferred to the mainland.Jimmy Lai, a pro-democracy media tycoon, at his Hong Kong home in August, days after his arrest on national security charges.Credit…Lam Yik Fei for The New York TimesThe primary election, which drew more than 600,000 voters, was another red line. Hong Kong officials had said that holding the election could amount to subversion, citing opposition figures’ statements that, if elected, they would seek to use a majority in the legislature to block government proposals.In particular, many candidates had said that they would seek to utilize a provision in Hong Kong law that forces the city’s chief executive to step down if legislators veto a proposed budget twice.Establishment leaders suggested the opposition was foolish to challenge Beijing by seeking to paralyze the government.“Last July both the central government and the Hong Kong government had warned these people,” said Lau Siu-kai, a former Hong Kong government official who is now a senior adviser to Beijing.Still, many critics of the government were left reeling by the arrests, not only because of their scale, but also because — as many pointed out — the supposed offense was authorized in Hong Kong’s own law.Legislators are “granted the right to disapprove budgets introduced by the government,” Civil Human Rights Front, a pro-democracy group, said. “Through the primary election, the candidates only exercised their rights to debate their political stance, and the electors had the freedom to elect those who are in their favor.”But Mr. Tong, the cabinet member, said that those rights could not infringe on national security. “On the face of it,” he said, it is the right of lawmakers to veto legislation, “but if you think more about it, it is not.”The willful vetoing of proposals without really considering them would amount to a breach of lawmakers’ duties, he added.Officials have indicated that their work is far from finished. A senior police superintendent told reporters on Wednesday that officers might make more arrests in connection with the primary election. The Liaison Office of the Central People’s Government, Beijing’s official arm in Hong Kong, called for vigorous enforcement of the law.“Only when Hong Kong’s national security law is fully and accurately implemented, and firmly and strictly enforced, can national security, Hong Kong’s social stability and public peace be effectively guaranteed,” the office said in a statement.Perhaps the clearest sign of Beijing’s desire to flex its power was in whom the authorities chose to arrest.Until Wednesday, those arrested under the national security law had largely been prominent activists, or people openly demonstrating against the government, such as a man who collided into police officers on a motorcycle while at a rally, or students who the police said had shouted pro-independence slogans.But the latest arrests showed that the authorities were willing to punish any participation in pro-democracy activities, however mild or low profile.Jeffrey Andrews, a social worker of Indian descent who was born and raised in Hong Kong, was known more for his work helping members of ethnic minority groups than for fiery slogans. Mr. Andrews ran in the primary and finished last in his race.Lee Chi-yung also placed last in his region. While his opponents in the primary had emphasized their antigovernment bona fides, Mr. Lee’s campaign was devoted to a different issue: promoting accessibility in Hong Kong, in memory of his late daughter, who had used a wheelchair all her life.“When Hong Kongers tried to express their views, whether through district council elections or primaries, the government chose not to listen,” Lo Kin-hei, the chairman of the Democratic Party, said in a news conference. “Instead, they took revenge.”“If even a primary election can be twisted into something that can endanger national security, then this country’s national security is very fragile indeed,” he added.A billboard promoting China’s national security law in Hong Kong in June.Credit…Lam Yik Fei for The New York TimesAdvertisementContinue reading the main story More

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    The Electoral College Isn’t Supposed to Work This Way

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyThe Electoral College Isn’t Supposed to Work This WayThe 1887 Electoral Count Act is a clear and present danger to democracy.Trevor Potter and Mr. Potter is a former commissioner and chairman of the Federal Election Commission, appointed by President George H.W. Bush, and the founder and president of the Campaign Legal Center. Mr. Fried was the solicitor general under President Ronald Reagan and serves on the board of the Campaign Legal Center.Jan. 6, 2021, 5:00 a.m. ETRep. Louie Gohmert with members of the House Freedom Caucus in December.Credit…Al Drago for The New York TimesThe 2020 presidential election has been a disaster for people who think the Electoral College is still a good idea. Joe Biden’s clear victory has been followed by attempts by the incumbent president to induce Republican legislators and other elected Republican officials in five states he lost to ignore the certified vote counts in their states and substitute their partisan preferences for the voters’ decision. Now Congress will formally receive the electoral votes, after a series of attempts to subvert the democratic process, all made possible by the Electoral College.An early salvo was a suit filed in the U.S. Supreme Court by the State of Texas and supported by 126 Republican House members and 18 Republican attorneys general asking the court to throw out the electors chosen by those same five states because Texas said it did not like the way they conducted their elections.Representative Louie Gohmert of Texas filed suit asking the courts to declare that Vice President Mike Pence has the legal right to pick the next president himself under the 12th Amendment — by ignoring the electoral votes for Mr. Biden cast by those five states. Instead, the Gohmert suit asks Mr. Pence to replace them with “votes” cast by the losing Trump elector slates in those states.In response to public pleas from President Trump, Republican Senator Josh Hawley of Missouri has announced that he will join Republican members of the House in objecting to the votes of some states cast for Mr. Biden, thereby requiring separate votes by the House and Senate on those electors. This, in theory, could result in a deadlock that could be broken by the House voting — with one vote for each state delegation — for president, resulting in the election of Donald Trump to a second term after losing in both the popular vote and the Electoral College. The fact that Democrats hold a majority in the House makes this outcome unlikely, of course, but it is a viable gambit for future elections.When the Electoral College was created, many conceived the United States as a confederation of “sovereign states.” And only a small percentage of the adult population could vote at all — property-owning white males in many states — and senators and the president were not elected by popular vote. Today the country is one of the longest-lasting democracies in the world, with almost all adult citizens entitled to vote for the president and members of Congress — our Constitution and body politic are not what they were in 1787.The presidential election is really 51 elections, each conducted and certified by its jurisdiction. Those who support the continued use of the Electoral College system say that the states “speak” to one another through it and so it performs a vital role in promoting national unity and the constitutional system.But the multiple challenges to the votes of the people this year — expressed through the states and their votes in the Electoral College — teach us that the Electoral College is a fragile institution, with the potential for inflicting great damage on the country when norms are broken. Many of the attempts to subvert the presidential election outcome this year are made possible by the arcane structure and working of the Electoral College process and illustrate the potential for the current Electoral College to promote instability rather than the stability the framers sought.When some state legislatures were pressed by President Trump to consider changing the outcome of the election, they all declined — this time. But what would have happened if a majority of legislators in one or more states had decided to overrule the voters and “reassert” their constitutional authority to choose electors? The Electoral Count Act of 1887 gives the final say to governors — the electors they certify are entitled to the presumption of legitimacy. What would have happened if some of the governors of the states Mr. Trump targeted had given in and certified Trump electors despite the official vote count in their states for Biden? We would have had a constitutional crisis of the highest order, calling into question our national commitment to democratic elections.So as some Republicans have persisted in the view that a legislature or governor could have certified electors other than those chosen by the people and certified by state election officials, they have shown the Electoral College to be potentially dangerous. The possibility that politicians of either party could change an election’s outcome through postelection manipulation of the Electoral College is destabilizing.And the idea that the vice president, sitting in the chair as presiding officer of the joint session of Congress to “count the electoral votes,” could decide on his own to ignore electors certified by the states and replace them with impostors certified by no one leads straight to the end of democracy. The push by Senator Hawley and Representative Gohmert and other Republicans to challenge duly certified electoral votes and attempt to have the citizens and states they represent be disenfranchised is another path to the same destination.All of this will, and should, propel calls for modernization of the Electoral College. Many will seek its abolition and replacement by a single nationwide poll. But at the very least, the irrational intricacies of the 1887 Electoral Count Act should be replaced by a uniform system guaranteeing that the popular vote in each state controls the ultimate allocation of that state’s electors. The 2020 election has highlighted the destabilizing tendencies in the current system and the need for reform.Mr. Potter is a former commissioner and chairman of the U.S. Federal Election Commission, was general counsel to John McCain’s two presidential campaigns and is founder and president of the Campaign Legal Center. Mr. Fried was the U.S. Solicitor General under President Ronald Reagan, is a professor at Harvard Law School and serves on the board of the Campaign Legal Center.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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    How Trump's Attack on Relief Bill Has Divided GOP

    #masthead-section-label, #masthead-bar-one { display: none }The Coronavirus OutbreakliveLatest UpdatesMaps and CasesThe Stimulus DealThe Latest Vaccine InformationF.A.Q.AdvertisementContinue reading the main storySupported byContinue reading the main storyTrump’s Attack on Coronavirus Relief Divides G.O.P. and Threatens RecoveryFrom the campaign trail in Georgia to Capitol Hill, President Trump’s demand for changes to the $900 billion pandemic relief plan upended political and economic calculations.President Trump posted a video on Tuesday night demanding significant changes to the pandemic relief bill and larger direct stimulus checks to Americans.Credit…Oliver Contreras for The New York TimesLuke Broadwater, Emily Cochrane, Astead W. Herndon and Dec. 23, 2020WASHINGTON — President Trump’s denunciation of the $900 billion coronavirus relief deal drove a wedge through the Republican Party on Wednesday, drawing harsh criticism from House Republicans and threatening the delivery of unemployment checks, a reprieve on evictions and direct payments to struggling Americans.His four-minute video on Tuesday night demanding significant changes to the bill and larger direct stimulus checks also complicated his party’s push to hold the Senate with victories in two runoff races in Georgia next month. The Republican candidates he pledged to support went from campaigning on their triumphant votes for the relief bill to facing questions on Mr. Trump’s view that the measure was a “disgrace.”Their Democratic rivals appeared to turn a liability into a political advantage 13 days before the election on Jan. 5, agreeing with the president’s demand for $2,000 direct payment checks and calling for Republicans to accede to his wish. Speaker Nancy Pelosi and top Democrats prepared to move forward on Thursday with new legislation that would provide the $2,000 checks, daring Republicans to break with the president and block passage of the bill in the House.But the effect on struggling Americans was perhaps the most profound: With no deal signed by the president, some unemployment programs are set to run out this week, and several other critical provisions are to end this month. The uncertainty that Mr. Trump injected into the process came at a perilous moment for the economy, as consumer spending and personal incomes resumed their slides.“Does the president realize that unemployment benefits expire the day after Christmas?” an exasperated Senator Mark Warner, Democrat of Virginia and one of the key negotiators of the package, wrote on Twitter.It is not clear whether Mr. Trump, who is furious at congressional Republicans who have acknowledged his defeat, would actually veto the package. But given how late it is in the 116th Congress, even refusing to sign it could ensure that the bill dies with the Congress on Jan. 3 and must be taken up all over again next year.The 5,593-page spending package would not only provide relief but also fund the government through September. With his threat, the president raised the prospects of a government shutdown beyond Monday and also jeopardized a promise of swift relief to millions of struggling Americans and businesses.Mr. Trump on Wednesday also made good on his promise to veto a major defense policy bill, in part because it directed the military to strip the names of Confederate generals from bases. That sets up a showdown for next week; when the House returns on Monday for the override vote, it could also vote on another stopgap spending bill to prevent government funding from lapsing.Before the turmoil, Treasury Secretary Steven Mnuchin had promised that $600 direct payments from the pandemic relief bill could be distributed as early as next week; that is an untenable timeline without Mr. Trump’s signature. The end to two expanded unemployment programs the day after Christmas could push nearly five million people into poverty virtually overnight, according to an estimate from researchers at Columbia University.Some state labor departments — which administer both state and federal unemployment benefits — are already preparing for the end of the programs because of the delay in reaching an agreement, meaning some jobless workers may temporarily lose their benefits all the same because many states will not be able to reverse course in time to avoid a lapse in payments.Frustration with Mr. Trump boiled over on Wednesday during a private conference call of House Republicans who had loyally stood by the president; many of them had joined a baseless lawsuit to try to overturn the results of the election. Representative Kevin McCarthy of California, the Republican leader, told members that he had spoken to the president and that he had not yet committed to a veto of the bill.But Mr. McCarthy conceded, “This bill has been tainted,” according to one person on the call.“The bill has been tainted,” Representative Kevin McCarthy of California told House Republicans on a private conference call on Wednesday.Credit…Stefani Reynolds for The New York TimesIn his videotaped statement on Tuesday, Mr. Trump accused lawmakers of putting aid for foreign governments before the needs of the American people.Some lawmakers on the call complained about the pork projects in the spending measure; others chimed in to challenge the characterization of the projects as pork, and one longtime House Republican vented generally about voter perceptions of the package after Mr. Trump’s scathing critique.“I don’t know if we recover from this,” said Representative Virginia Foxx, Republican of North Carolina, according to three officials on the call. “We will have a hell of a time getting this out of people’s head.”The Coronavirus Outbreak More

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    Trump’s Attack on Coronavirus Relief Divides G.O.P. and Threatens Recovery

    #masthead-section-label, #masthead-bar-one { display: none }The Coronavirus OutbreakliveLatest UpdatesMaps and CasesThe Stimulus DealThe Latest Vaccine InformationF.A.Q.AdvertisementContinue reading the main storySupported byContinue reading the main storyTrump’s Attack on Coronavirus Relief Divides G.O.P. and Threatens RecoveryFrom the campaign trail in Georgia to Capitol Hill, President Trump’s demand for changes to the $900 billion pandemic relief plan upended political and economic calculations.President Trump posted a video on Tuesday night demanding significant changes to the pandemic relief bill and larger direct stimulus checks to Americans.Credit…Oliver Contreras for The New York TimesLuke Broadwater, Emily Cochrane, Astead W. Herndon and Dec. 23, 2020Updated 9:55 p.m. ETWASHINGTON — President Trump’s denunciation of the $900 billion coronavirus relief deal drove a wedge through the Republican Party on Wednesday, drawing harsh criticism from House Republicans and threatening the delivery of unemployment checks, a reprieve on evictions and direct payments to struggling Americans.His four-minute video on Tuesday night demanding significant changes to the bill and larger direct stimulus checks also complicated his party’s push to hold the Senate with victories in two runoff races in Georgia next month. The Republican candidates he pledged to support went from campaigning on their triumphant votes for the relief bill to facing questions on Mr. Trump’s view that the measure was a “disgrace.”Their Democratic rivals appeared to turn a liability into a political advantage 13 days before the election on Jan. 5, agreeing with the president’s demand for $2,000 direct payment checks and calling for Republicans to accede to his wish. Speaker Nancy Pelosi and top Democrats prepared to move forward on Thursday with new legislation that would provide the $2,000 checks, daring Republicans to break with the president and block passage of the bill in the House.But the effect on struggling Americans was perhaps the most profound: With no deal signed by the president, some unemployment programs are set to run out this week, and several other critical provisions are to end this month. The uncertainty that Mr. Trump injected into the process came at a perilous moment for the economy, as consumer spending and personal incomes resumed their slides.“Does the president realize that unemployment benefits expire the day after Christmas?” an exasperated Senator Mark Warner, Democrat of Virginia and one of the key negotiators of the package, wrote on Twitter.It is not clear whether Mr. Trump, who is furious at congressional Republicans who have acknowledged his defeat, would actually veto the package. But given how late it is in the 116th Congress, even refusing to sign it could ensure that the bill dies with the Congress on Jan. 3 and must be taken up all over again next year.The 5,593-page spending package would not only provide relief but also fund the government through September. With his threat, the president raised the prospects of a government shutdown beyond Monday and also jeopardized a promise of swift relief to millions of struggling Americans and businesses.Mr. Trump on Wednesday also made good on his promise to veto a major defense policy bill, in part because it directed the military to strip the names of Confederate generals from bases. That sets up a showdown for next week; when the House returns on Monday for the override vote, it could also vote on another stopgap spending bill to prevent government funding from lapsing.Before the turmoil, Treasury Secretary Steven Mnuchin had promised that $600 direct payments from the pandemic relief bill could be distributed as early as next week; that is an untenable timeline without Mr. Trump’s signature. The end to two expanded unemployment programs the day after Christmas could push nearly five million people into poverty virtually overnight, according to an estimate from researchers at Columbia University.Some state labor departments — which administer both state and federal unemployment benefits — are already preparing for the end of the programs because of the delay in reaching an agreement, meaning some jobless workers may temporarily lose their benefits all the same because many states will not be able to reverse course in time to avoid a lapse in payments.Frustration with Mr. Trump boiled over on Wednesday during a private conference call of House Republicans who had loyally stood by the president; many of them had joined a baseless lawsuit to try to overturn the results of election. Representative Kevin McCarthy of California, the Republican leader, told members that he had spoken to the president and that he had not yet committed to a veto of the bill.But Mr. McCarthy conceded, “This bill has been tainted,” according to one person on the call.“The bill has been tainted,” Representative Kevin McCarthy of California told House Republicans on a private conference call on Wednesday.Credit…Stefani Reynolds for The New York TimesIn his videotaped statement on Tuesday, Mr. Trump accused lawmakers of putting aid for foreign governments before the needs of the American people.Some lawmakers on the call complained about the pork projects in the spending measure; others chimed in to challenge the characterization of the projects as pork, and one longtime House Republican vented generally about voter perceptions of the package after Mr. Trump’s scathing critique.“I don’t know if we recover from this,” said Representative Virginia Foxx, Republican of North Carolina, according to three officials on the call. “We will have a hell of a time getting this out of people’s head.”The Coronavirus Outbreak More

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    Trump’s Team Eyes the Exits

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyTrump’s Team Eyes the ExitsFarewell, henchmen.Ms. Cottle is a member of the editorial board.Dec. 22, 2020, 7:52 p.m. ETCredit…Doug Mills/The New York TimesOh, how the mighty have fallen.In February 2019, William Barr strode into the Department of Justice as the 85th attorney general. He was on his second tour of duty, having first held the post under President George H.W. Bush. Despite some observers’ concerns about his criticism of the Russia investigation and, more generally, his expansive view of presidential authority, Mr. Barr assumed office with the reputation of a seasoned, wise man, a grown-up in an administration teeming with unruly brats. At the very least, he was an upgrade over then Acting Attorney General Matthew Whitaker, the Trump toady installed as an emergency seat warmer when Jeff Sessions was ousted.On Wednesday, Mr. Barr will slouch out of the cabinet with his ethical compass shattered, his reputation soiled and his dignity in flames. For fans of democracy, his departure should be met with rejoicing.Back in the Bush days, Mr. Barr held that the attorney general’s “ultimate allegiance must be to the rule of law” rather than to “the president who appointed him,” as he said in a 1992 speech. This time around, his tenure seemed aimed at assuring Mr. Trump that he’d been kidding about all that. Whether misrepresenting the Mueller report to cover the president’s backside, ordering federal law enforcement to remove peaceful demonstrators from in front of the White House or eroding public confidence in the electoral process, Mr. Barr has repeatedly made clear where his true loyalties lie. Hint: not with the American people.Unlike many Trump lackeys, the secretary wasn’t merely sucking up to the president — though there was plenty of that. He also used Mr. Trump’s autocratic proclivities to advance his own long-held vision of executive power. He was seen by many as the administration’s most dangerous henchman.Despite all he did for the president, Mr. Barr still wound up on the naughty list after refusing to advance Mr. Trump’s baseless claims of widespread voter fraud and for not working hard enough to smear Joe Biden’s son Hunter. On Dec. 14, the president tweeted that Mr. Barr would be stepping down “just before Christmas to spend the holidays with his family.”Perhaps dissatisfied with the violence already done to his legacy, the secretary submitted a resignation letter that should be required reading for aspiring sycophants. He gushed about how “honored” and “proud” he was to have played his part in Mr. Trump’s “unprecedented achievements” — achievements “all the more historic” for occurring “in the face of relentless, implacable resistance” and a vicious “partisan onslaught,” the “nadir” of which were the “baseless accusations of collusion with Russia. Few could have weathered these attacks, much less forge ahead with a positive program.” On and on he fawned, cementing his place in the bootlickers hall of fame.With the cord cut, Mr. Barr has been inching away from the president the past couple of days. On Monday, he said he saw no need to appoint special counsels either to oversee the D.O.J.’s inquiry into Hunter Biden’s taxes or to investigate Mr. Trump’s election-fraud fantasies. Sorry. This is where too little meets too late.The attorney general will not be the only Trumpie to retreat amid a gag-inducing swirl of fawning, preening, base stoking and earth salting. Also last week, in discussing the transition with career officials in the education department, Secretary Betsy Devos called on them to “resist.” Declaring that her goal had always been “to do what’s right for students,” she pleaded with the troops to follow her noble example even after she is gone.This is pretty rich coming from an education chief most likely to be remembered for championing the interests of for-profit colleges above those of students. It also seems doubtful that officials will embrace Ms. Devos’s self-congratulatory lecture after she spent the past four years clashing with them and blaming them for making it hard to get things done.Over at the Pentagon, Trump appointees are reportedly being less than helpful in getting the incoming Biden administration up to speed. Meetings have been postponed, and the friction has broken into public view. Last week, acting Defense Secretary Chris Miller disputed a report by Axios that he had ordered a departmentwide halt to transition cooperation. He insisted the camps had mutually agreed to take a break until after the new year. The Biden team called this balderdash, and the transition’s executive director slammed the Pentagon for “recalcitrance.” This is hardly the kind of seamless handoff of power that inspires confidence in America’s national security.Secretary of State Mike Pompeo is having a bumpy final stretch of a different sort. In a Friday radio interview, he noted that “we can say pretty clearly that it was the Russians” behind the recently exposed mass hack of U.S. government agencies and businesses. On Saturday, the president undercut him with a tweet, based on nothing, suggesting that China may have been the culprit. Mr. Pompeo has yet to comment on his boss’s alternative theory.Credit…Pool photo by Nicholas KammCredit…Oliver Contreras for The New York TimesThis humiliation came just a few days after Mr. Pompeo’s holiday-party debacle. Dismissing Covid-19 safety recommendations — including those issued by his own department — the secretary invited hundreds of guests to an indoor bash at the State Department last Tuesday. Only a few dozen people showed up. Mr. Pompeo canceled his scheduled speech, which raised some eyebrows until it was announced Wednesday that he was in quarantine after being exposed to the coronavirus.Way to own the libs, Mr. Secretary.Kayleigh McEnany, the White House press secretary, seems set on departing in a blaze of disinformation and belligerence. Since the election, she has been working overtime, including frequent appearances on Fox News, to promote the president’s risible tale of voting fraud. At a news conference last month, Ms. McEnany — who has been pulling double duty as a top Trump campaign surrogate — went so far over the line with her fraud fiction that Fox News’s Neil Cavuto felt compelled to cut away from her remarks. Give the gal points for shamelessness.Of course, none of these underlings are likely to come close to the boss in executing a graceless, puerile, destructive exit. As the clock ticks down, the president is furiously casting about for a way to cling to power — Anyone up for a Christmas coup? — even as he works to divide and weaken the nation that has fired him. If he can’t have his way, he’s up for smashing as many toys as possible on his way out.So much for Mr. Trump — or his people — ever growing into the job.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More