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      As Prosecutors Revisit Police Killings, Charges Are Still Rare

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      Pamela Price, a new district attorney in Northern California, is the latest to reopen cases that had seemingly been shut, including one from more than 15 years ago.Agustin Gonsalez was shot dead in 2018 by police officers in Hayward, Calif., when he refused to drop a sharp object during a confrontation on a dark street.Andrew Moppin-Buckskin was killed by Oakland officers in 2007 after he ran away following a car chase, hid under a vehicle and failed to comply with their demands.Two years ago, Mario Gonzalez died after he was pinned on the ground for more than five minutes by officers in Alameda, Calif.In all three cases, prosecutors determined that the police should not be criminally charged, seemingly closing the book.But shortly after she became the district attorney of Alameda County in January, Pamela Price initiated a new review of those cases and five others in one of the most extensive re-examinations of police killings launched by progressive prosecutors.Ms. Price’s review is notable because her predecessors had already cleared the officers of wrongdoing and two of the reopened cases occurred more than 15 years ago.As high-profile instances of police brutality shocked the public in recent years and raised questions about official law enforcement accounts, liberal prosecutors campaigned on the promise that they would review cases that they felt were hastily closed without charges. Their efforts to revisit old cases have won praise from the activists and liberal Democrats who voted for them.But the re-examinations so far have rarely led to criminal charges.“To reopen a police use-of-force case is, in many ways, a herculean task,” said Steve Descano, the commonwealth’s attorney in Fairfax County, Va. He lost in court after he charged two federal Park Police officers for the 2017 shooting of a man who fled a car crash, a case that the Justice Department previously reviewed and declined to pursue.The incidents almost never have evidence as stark as the bystander video showing George Floyd being pinned to the ground in 2020 for more than nine minutes by Derek Chauvin, a former Minneapolis police officer who was convicted of murdering Mr. Floyd.The circumstances often are more ambiguous, the footage less telling. And once a district attorney writes a lengthy memo detailing why criminal charges are unjustified against a police officer, it can be difficult for a successor to overcome those arguments, absent new evidence.“Everybody is going to go through it again, and the outcome in all probability is going to be the same,” said Jim Pasco, the executive director of the National Fraternal Order of Police. “And what’s Einstein’s definition of insanity?”The biggest hurdle for pursuing criminal charges is the wide latitude that officers have to use force. State legislatures, including California’s, have tried to narrow that ability. But officers generally can still use lethal force when they feel they or others could be killed, a level of immunity that law enforcement officials say is necessary to ensure the public’s safety.Pamela Price, the new district attorney of Alameda County, Calif., announced this year that she would review eight police killings, including one dating to 2007.Jim Wilson/The New York TimesAlameda County, Ms. Price’s jurisdiction, covers a large swath of the East Bay across from San Francisco, containing 14 cities and numerous police departments. In the county seat of Oakland, where the Black Panther Party emerged in the 1960s, a legacy of radical politics is intertwined with a troubled history of law enforcement. The Oakland Police Department has been under federal oversight for more than two decades.Ms. Price campaigned on a liberal platform that, besides reviewing old cases, included removing local residents from death row and resentencing inmates serving life sentences — an effort, she said, to restore public trust. Since taking office, she has directed her staff to seek the lowest possible prison sentence for most crimes.She said that in the past, prosecutors routinely gave officers a pass when they killed someone on the job, and she wants questionable police killings to face the same rigor that other criminal cases get.“Every case that we’re looking at now was determined under a double standard,” Ms. Price said in an interview. “Police officers received a different standard of justice than everyday people.”Ms. Price is among a growing cadre of progressive prosecutors elected over the last decade, beginning with the 2016 elections of Kim Foxx in Chicago and Kimberly Gardner in St. Louis, on promises of reducing jail populations and holding police accountable. The movement gained steam after Floyd’s murder.Some prominent district attorneys have since faced a backlash over crime concerns. Chesa Boudin was recalled last year in San Francisco, while Ms. Gardner resigned last week as she faced criticism for her handling of violent crime. Ms. Foxx is not running for re-election next year and has endured criticism from moderates and conservatives, especially for her support of eliminating cash bail statewide.In Maine, a police officer has never been prosecuted for an on-duty killing. But in July 2020, Natasha Irving, the district attorney for four counties, said she would seek charges for the 2007 police shooting death of Gregori Jackson, who was drunk and ran away after a routine traffic stop in Waldoboro, the town where Ms. Irving grew up.Three years later, however, Ms. Irving said that based on the attorney general’s review of the forensics from the case, she will not file charges.“It’s just not going to be a provable case,” she said in an interview.Karla Gonsalez stood at a memorial to her son at the site in Hayward, Calif., where he was shot and killed by police officers.Jim Wilson/The New York TimesIn the Virginia case pursued by Mr. Descano, Bijan Ghaisar, 25, was involved in a minor car crash and then fled in his Jeep, pursued by two officers who cornered Mr. Ghaisar in a residential neighborhood. When the vehicle moved toward a police car, they opened fire, killing him.Mr. Descano brought a case, but a judge dismissed the charges, ruling the officers reasonably feared they were in danger. His efforts to pursue the case further were rejected by the state’s attorney general and the Justice Department.Such reviews offer the possibility of justice for still grieving families but also may unrealistically raise their hopes. Karla Gonsalez, the mother of Mr. Gonsalez, the man who was killed in Hayward, said she was torn when she heard Ms. Price was reopening her son’s case.Television outlets began replaying the body camera footage of Mr. Gonsalez’s confrontation with police. For his family, all of the anger, grief and unresolved questions came rushing back. Why had the officers not tried to de-escalate the situation?“I was excited to know that it was going to be opened up again,” Ms. Gonsalez said. “At the same time, I was very nervous that it was going to be another roadblock, another failure.”Less than 2 percent of police killings result in charges, according to Philip M. Stinson, a professor of criminal justice at Bowling Green State University. That figure has not budged since 2020. The number of people killed by the police is holding steady — last year it was 1,200, compared with 1,147 in 2022, according to Mapping Police Violence.“From where I sit, nothing has changed,” Mr. Stinson said.In Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor declined to file charges.Ryan Young for The New York TimesIn Los Angeles County, George Gascón, who was elected district attorney in 2020, appointed a special prosecutor to reopen four cases in which his predecessor, Jackie Lacey, declined to file charges. He also asked an independent team of experts to review more than 300 previous use-of-force cases to see if the evidence warranted criminal charges.The special prosecutor, Lawrence Middleton, had secured convictions in a 1993 federal trial against Los Angeles Police Department officers for beating Rodney King. In the new cases, he has secured indictments against two officers in the 2018 shooting death of Christopher Deandre Mitchell, who was driving a stolen vehicle and had an air rifle between his legs when he was confronted by officers in a grocery store parking lot. (“Both officers’ use of deadly force was reasonable under the circumstances,” Ms. Lacey wrote in a 2019 memo.)The re-examinations themselves take time, and liberal prosecutors may yet file criminal charges against more officers in past cases. But they said that charges should not be the only benchmark of whether their reviews are worthwhile.“I think there is huge value to reopening a case if there is probable cause, or if there is evidence that seems compelling in any way,” Ms. Irving, the prosecutor in Maine, said. “Yes, part of it is to send a message to people who would be bad actors. Part of it is to send a message to families that have lost loved ones, or individuals who have been harmed, that they count.”Ed Obayashi, a California-based expert in use of force who trains law enforcement, said in 2021 that Mario Gonzalez did not seem to be a threat to the public in Alameda and questioned why officers restrained him before he died. The police had responded to a call that Mr. Gonzalez, 26, was acting strangely in a park and talking to himself.Mr. Obayashi said this week that he did not fault Ms. Price for reviewing the case, but he also felt that if there was consensus in the Alameda County District Attorney’s Office under her predecessor, Ms. Price should not have reopened it.“It’s a big concern to law enforcement because these types of decisions, to revisit old cases that former prosecutors have decided that no charges should be brought against the officer, it’s political,” Mr. Obayashi said. “It’s politically driven.”Ms. Price’s review also includes two cases from 15 years ago that occurred seven months apart and involved the same officer killing men who ran away after traffic stops, including Mr. Moppin-Buckskin. The officer, Hector Jimenez, was cleared in each case and remains with the Oakland Police Department.“For the life of me I can’t understand what Ms. Price thinks she’s doing with those kinds of cases, some 15 years after they occurred,” said Michael Rains, a lawyer for Mr. Jimenez.In Hayward, the city agreed to pay $3.3 million to settle a federal lawsuit with Agustin Gonsalez’s family but said it was a way to support his children rather than an admission of wrongdoing. The city said in April that there appeared to be no new evidence that warranted reopening the case.Mr. Gonsalez was shot in November 2018 after police officers confronted him. He was suicidal and was holding a razor blade. He refused to drop the blade and approached the officers with his arms outstretched. That’s when the two veteran police officers shot him 12 times.Karla Gonsalez recently sat in her sister’s kitchen and described her son as a father of two who was an Oakland sports fan and often drove nearly 400 miles south to Disneyland with his season pass. In the corner of her living room was a makeshift shrine, with a flickering candle and a crucifix draped over his portrait.Cynthia Nunes, Mr. Gonsalez’s cousin, said her family was grateful his case was being reopened. But they want more.“Charges actually have to be brought forward, too,” she said. “The system needs to change.”Julie Bosman More

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      In New England, Republicans Run As Moderates, Pushing to Flip More Seats

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      PROVIDENCE, R.I. — Allan Fung, a former mayor who would be the first Republican in more than 20 years to represent this city in Congress, could hardly make it five feet without being stopped by a supporter on a recent Thursday evening as he tried to maneuver his way from the lobby of a Crowne Plaza to a tent where local business owners had gathered to meet him.In nearby Connecticut, George Logan, a Republican former state senator, switched effortlessly between Spanish and English as he went door to door telling voters in suburban New Britain that he wanted to lower their taxes.“I want to work with Democrats and Republicans,” Mr. Logan, a former state senator, said in an interview between door knocks. “There is no one congressman or woman that I agree with on every topic, 100 percent of the time.”Farther north in Maine, former Representative Bruce Poliquin says in his ads that he wants to bring “Maine common sense” back to Congress, working to distance himself from the far-right tilt of his party as he campaigns to reclaim the seat he lost to Representative Jared Golden four years ago.In an aggressive push in the homestretch of the midterm congressional campaign, Republicans have stepped up their efforts to lay claim to seats in New England, a region that once boasted a proud tradition of electing independent-minded Republicans, but that has more recently slid out of reach of a party that has lurched to the right.They have done so by promoting candidates who are billing themselves as centrists with broad appeal — a far different brand from the hard-right figures and election deniers who make up the critical mass of the G.O.P. — hoping to bolster their chances of winning a substantial House majority in a cycle that has favored Republicans.In Rhode Island, Allan Fung, the former mayor of Cranston and a two-time candidate for governor, is campaigning for Congress on fighting inflation and increasing public safety.Philip Keith for The New York TimesThe turf has hardly been friendly to the G.O.P. in recent years. Republican representation in New England was nearly wiped out in 2006, when only one of the region’s 22 House races was won by a Republican. By 2018, the party was shut out entirely after Mr. Poliquin lost his re-election campaign to Mr. Golden. That left Senator Susan Collins of Maine as the sole remaining congressional Republican in New England.Now, Republican leaders are working to revive the party’s standing with an estranged but critical swath of voters in the region who prefer politicians who do not operate in lock step with the national parties.And Democrats, who have watched with alarm as the Republicans have gained traction, are scrambling to persuade voters that however mainstream these New Englanders may seem, electing them would empower an extremist G.O.P.The State of the 2022 Midterm ElectionsElection Day is Tuesday, Nov. 8.A Pivotal Test in Pennsylvania: A battle for blue-collar white voters is raging in President Biden’s birthplace, where Democrats have the furthest to fall and the most to gain.Governor’s Races: Democrats and Republicans are heading into the final stretch of more than a dozen competitive contests for governor. Some battleground races could also determine who controls the Senate.Biden’s Agenda at Risk: If Republicans capture one or both chambers of Congress, the president’s opportunities on several issues will shrink. Here are some major areas where the two sides would clash.Ohio Senate Race: Polls show Representative Tim Ryan competing within the margin of error against his G.O.P. opponent, J.D. Vance. Mr. Ryan said the race would be “the upset of the night,” but there is still a cold reality tilting against Democrats.In an interview, Seth Magaziner, a Democrat and former teacher and state treasurer who is running against Mr. Fung for an open seat in southern and central Rhode Island, cited his opponent’s support for former President Donald J. Trump and his opposition to a state marriage equality law as evidence that Mr. Fung is no centrist.“The Republicans are trying to package someone who is not a moderate as a moderate,” said Mr. Magaziner, who has trailed Mr. Fung in recent polls. “That has never been his record.”Top Republicans are spending freely to try to strengthen the New England Republicans’ chances.Seth Magaziner, a Democrat, is a former teacher and state treasurer who is running against Mr. Fung.Philip Keith for The New York TimesMr. Magaziner has trailed Mr. Fung in recent polls.Philip Keith for The New York TimesLast week, the Congressional Leadership Fund, a super PAC aligned with Representative Kevin McCarthy, the California Republican and minority leader, poured an additional $1 million into Mr. Fung’s race, tripling its investment. Calvin Moore, a spokesman for the group, said the PAC had spent $3.5 million for Mr. Logan and $5.5 million for Mr. Poliquin.Mr. McCarthy visited Rhode Island in August to raise money for Mr. Fung, and Representative Steve Scalise of Louisiana, the minority whip, attended a fund-raiser for Mr. Fung last week..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Representative Elise Stefanik of New York, the third-ranking Republican who denies that the 2020 election was fair, also appeared with Mr. Logan this month at a fund-raising event.One reason the region appeals to Republicans as they look to expand their footprint into even the bluest of states is the makeup of the electorate: Between a third and half of registered voters in New England do not have a party affiliation. They have long been known for rewarding politicians who reach across the political aisle, like Ms. Collins and Senator Angus King, a Maine independent, both of whom have been involved in bipartisan negotiations and supported Democratic-led bills.Republicans are hoping that disaffected Democrats and independent voters will turn to “Republican candidates who are running local races and delivering a more pragmatic message” as a check on Democratic dominance in their states, said Samantha Bullock, a spokeswoman for the National Republican Congressional Committee.At a recent debate, Mr. Logan, who is challenging Representative Jahana Hayes, a second-term Democrat, described himself as a “Connecticut Republican”: moderate on social issues, fiscally conservative. He admonished the Biden administration for its economic policies, blaming Democrats’ large spending bills for rising inflation. But he appeared to share Ms. Hayes’s views on some issues, saying he supported infrastructure investments and abortion rights.Mr. Logan appeared to share the views of Representative Jahana Hayes, the Democratic incumbent, on some issues, saying he supported infrastructure investments and abortion rights.Hilary Swift for The New York TimesMr. Logan later clarified to reporters that he did not think Congress had the constitutional power to codify Roe v. Wade, as Democrats sought to do after the Supreme Court decision this year overturning it.In Rhode Island, Mr. Fung, the first Chinese American to be elected mayor of Cranston and a two-time candidate for governor, is campaigning on fighting inflation and increasing public safety. Mr. Fung said in an interview that he would have supported the $1 trillion bipartisan infrastructure law that President Biden signed last year, as well as an industrial policy measure enacted over the summer, and that he would back legislation to protect abortion access.He denied that he had shifted his positions to appear more moderate, saying that Democrats were “running a lot of this national cookie-cutter playbook, and I just don’t fit their mold.”Mr. Poliquin may be the least centrist of the three, having aligned himself more closely with Mr. Trump and embraced conservative positions on social issues, such as opposition to gun control measures.National Democrats have invested huge sums to counter the G.O.P.’s inroads into New England, working to portray Mr. Fung and the other Republican candidates as far outside the mainstream. The Democratic Congressional Campaign Committee and allied political action committees have spent more than $2.3 million in the Rhode Island race, $3.6 million in Ms. Hayes’s district and nearly $10 million in Mr. Golden’s, according to a spokesman for the Democratic committee.Democratic ads show a smiling Mr. Fung wearing a Trump beanie. Ads against Mr. Poliquin emphasize his support for abortion bans, including his previous backing for legislation that would prohibit abortions after 20 weeks of pregnancy.And in Waterbury, Conn., the campaign staff for Ms. Hayes held signs at a rally before a televised debate that read “Logan [hearts] Trump.” After the debate, Ms. Hayes told reporters that a moderate would not have invited House leaders to campaign in the district or appeared on Tucker Carlson’s Fox News program to share his message, as Mr. Logan did this month.Ms. Hayes tried to paint Mr. Logan as a conservative, referring to his ties to congressional leadership and an appearance on Tucker Carlson’s show on Fox News.Hilary Swift for The New York TimesMr. Logan’s campaign headquarters. Republicans are hoping that disaffected Democrats and independent voters will turn to moderate Republicans.Hilary Swift for The New York Times“He has inextricably connected himself to national Republican leadership,” she said. “They are propping up his campaign with millions of dollars.”Not all voters are swayed by the connection.Dr. Earl Bueno, an anesthesiologist and independent voter from Connecticut, said he supported Mr. Logan, likening the Republican candidate to one of the state’s Democratic senators.“I don’t see him as an extremist that people are painting him as right now,” Dr. Bueno said. “I’m pro-George Logan because, like Senator Chris Murphy, you can actually reach out and have a conversation with him.”Some Democrats are resorting in the final weeks of the campaign to reminding voters that electing any Republican — even a moderate one — could hand the G.O.P. control of Congress.Senator Sheldon Whitehouse, Democrat of Rhode Island, made that point at a recent dinner for Mr. Magaziner at a golf course in Providence.“Please,” he told a group of voters at the dinner, “don’t make Allan Fung the vote that makes Kevin McCarthy speaker of the House of Representatives.” More

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      Paul LePage: is Maine ready to welcome back the ‘Trump before Trump’?

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      Paul LePage: is Maine ready to welcome back the ‘Trump before Trump’? The Republican ex-governor was known for his offensive, belligerent attitude – but this time, he says he’s reformedIn the late summer of 2016, Drew Gattine received a surprising voicemail. The sender was Paul LePage, then the governor of Maine, and he called Gattine “a little son-of-a-bitch socialist cocksucker”.Amid the inevitable media frenzy that followed, LePage lamented not having the opportunity to engage Gattine, a Democrat in the Maine house of representatives, in a duel. Rather than follow in the footsteps of Alexander Hamilton, who pointed his gun in the air when he dueled Aaron Burr in 1804, LePage told reporters, “I would point it right between his eyes, because he is a snot-nosed little runt.”.The incident made national headlines and shocked many Americans, not least Gattine’s aunt, who called him from Arizona after learning of the threat on National Public Radio. “It was an interesting five or six days of my life,” Gattine says now.But for Gattine and other Mainers, LePage’s behavior was somewhat typical by that point. Over his eight years in office, LePage cultivated a reputation for offensive comments and for adversarial relationships with reporters, Democrats and even fellow Republicans.America’s love for cars continues – will gas prices decide the midterms?Read moreNow, after briefly leaving Maine for Florida, LePage has come home with a mission: to return to the governor’s mansion. Contradicting his previous claims that he was “done with politics” after his two terms in office – “I’m going to retire and go to Florida,” LePage proclaimed in late 2018, “I’ve done my eight years. It’s time for somebody else” – LePage is back, making a pitch for another term as he attacks Democratic governor Janet Mills’ economic record.“I’m running again, because Maine is in serious, serious trouble,” LePage said at a forum in Waterville on Tuesday. “Maine’s economy is going backwards, and it’s not growing. We need to get somebody there that can grow it. I did it once. I will do it again.”Mainers may have some understandable misgivings about revisiting the LePage era. When the NAACP criticized LePage forskipping Martin Luther King Day events in 2011, the then-governor responded by noting that his adopted son is Black. “Tell them to kiss my butt,” LePage said. “If they want to play the race card, come to dinner; my son will talk to them.”The comment sparked accusations of racism, which dogged LePage during his tenure. In 2016, LePage complained that Maine was struggling with the opioid epidemic because drug dealers “with the name D-Money, Smoothie, Shifty” were coming into Maine from other states and would often “impregnate a young white girl before they leave”. Months later, LePage told reporters that it was important to identify the “enemy” in the opioid epidemic, saying: “The enemy right now, the overwhelming majority of people coming in, are people of color or people of Hispanic origin.”It was Gattine’s criticism of LePage’s race-related comments about the opioid epidemic that culminated in the governor’s threat of a duel.“The irony is, the comments that I had made that got him so angry, I was trying to be very measured,” said Gattine, who now serves as chair of the Maine Democratic party. “I think he has such a reputation for saying these off-the-wall things that people just used to sit around waiting for him to say them.”That reputation invited many comparisons between LePage and another Republican known for causing controversy: Donald Trump. Both men built political personas off their sensational rhetoric, and some of LePage’s stunts as governor even seemed to foreshadow Trump’s later acts as president. In 2018 for example, LePage registered his discontent with Democrat Jared Golden’s victory in a Maine congressional race by writing on the certification form “stolen election,” previewing Trump’s baseless claims of widespread fraud in the 2020 race.The two politicians now find themselves in similar situations again – with LePage seeking to return to office just as Trump contemplates another presidential bid in 2024. But despite LePage’s past praise of the former president – he once described himself as “Donald Trump before Donald Trump became popular” – he has struck a notably different tone in recent months.LePage now rarely invokes Trump’s name while campaigning, and he has abandoned his past support for the former president’s lies about the 2020 election. “I believe that President Biden won the election,” LePage said at a debate earlier this month. When asked last month whether Trump should run again, he dodged the question: “I’m running for governor of the state of Maine, all right? And that’s it.”LePage’s efforts to distance himself from Trump fit into his campaign’s broader goal of presenting a toned-down version of the pugnacious leader that Mainers came to know over his eight years in office. “What I’m saying is, life is a journey,” LePage told the Atlantic. “And along the way you learn and you get better, and hope that every day, the rest of my life, I’m a better man.”Democrats scoff at the idea of a reformed LePage, and they say his behavior on the campaign trail has provided ample evidence that the former governor is the same as he ever was. They specifically point to an incident in August when LePage threatened to “deck” a Maine Democratic party staffer paid to track his events.“Initially [in] this campaign, he was fairly even in his temperament … But really, I think since sometime in August, that’s been less effective,” said Amy Fried, chair of the University of Maine’s political science department. She said of LePage’s threat against the tracker, “It really gave Democrats an opening to say, this is not a new LePage. This is the old LePage.”Mills has hammered that theme in her messaging as well, using her campaign ads and speeches to resurrect LePage’s past comments and conduct while in office. Speaking at a fundraising event in Portland on Thursday, Mills reminded supporters that LePage once expressed openness to overturning Roe v Wade, the landmark supreme court case that established federal protections for abortion access. The supreme court did indeed reverse Roe in June, and LePage has since sent mixed messages about his stance on abortion policy.Asked at the debate how he would respond if the state legislature attempted to limit abortion access to the first 15 weeks of pregnancy, LePage pleaded ignorance. “I don’t know what you mean by 15 weeks or 28 weeks,” LePage said. “I don’t know. I mean, I’m not sure I understand the question.”Mills accused LePage of attempting to hide his true views from Maine voters, repeatedly telling the Portland crowd: “We won’t go back.”In an interview after her speech, Mills expressed doubt that LePage’s efforts to present a new side of himself would prove successful.“People know better. People knew him for eight years. They knew how rudely he treated legislators of his own party. They know how he treated the Maine people,” Mills said. “They know Paul LePage, and hopefully they don’t forget the true Paul LePage.”Like many other Republican candidates nationwide, LePage seems to be hoping that record-high inflation and Joe Biden’s lackluster approval rating will be enough to sweep him back into office. He has focused his campaign events on kitchen-table issues such as rising oil prices and the struggles of Maine’s lobster industry, while keeping a relatively low profile when it comes to press access. (Multiple calls and emails to LePage’s campaign office and one of his senior advisers went unanswered.) Directly linking Mills to Biden, LePage’s allies insist his experience as governor will translate into an improved economy for the state.“Janet Mills and Maine Democrats only have soaring prices and a track record of failures to offer voters,” said Andrew Mahaleris, a spokesperson for the Republican National Committee. “Paul LePage is the only candidate who will move Maine forward, protect our iconic lobstering industry from far-left activists, put an end to the Biden-Mills heating oil crisis that is crushing Mainers, and get our economy working again.”Mills rejected LePage’s characterization of her economic policies, noting that one study ranked Maine’s pandemic-era economy to be the 11th strongest in the nation. The sitting governor acknowledged the pain caused by rising prices, but rejected the idea that LePage would better address the global issue of inflation. Mills cited her approval of $850 relief checks to Maine families to help mitigate the effects of inflation, and said she has received letters from constituents thanking her for the checks, which allowed them to fill their gas tanks or pay for prescription drugs.“I’m not saying everything’s rosy. I’m not foolish,” Mills said. “At the same time, we, in a bipartisan budget, enacted one of the most generous, one of the most effective inflation relief programs in the country.”Mills’ efforts to work across the aisle could pay dividends at the ballot box, Fried said. As more states have embraced one-party rule, Maine has become an outlier in electing both Republican and Democratic candidates at the statewide level. In 2020, Biden defeated Trump by nine points, even as Republican senator Susan Collins won re-election with a similar margin.“Maine has tended to like the idea of people working together, and that was part of Susan Collins’s pitch all these years,” Fried said. “She definitely has more credibility on that, on being bipartisan, than LePage does.”LePage’s adversarial history could be contributing to his poor performance in recent polls, some of which show Mills with a double-digit lead in the race. Fried expressed skepticism of those results, but she acknowledged that LePage may be struggling with an issue that also plagued the man he once endorsed for president. Like Trump, LePage has a unique ability to motivate his biggest critics to turn out at the polls.“It’s hard for me to totally believe these polls that have a really large Mills lead. It’s likely it’s going to be closer,” Fried said. “Ultimately, in some ways, LePage is like a Trump figure in that people will come out on the left to prevent the least-liked candidate from winning.”TopicsMaineUS politicsUS midterm elections 2022newsReuse this content More

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      LePage Stumbles on Abortion Questioning in Maine Governor’s Debate

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      Republicans’ struggles to find an effective abortion message this campaign season manifested itself on Tuesday on a debate stage in the Maine governor’s race, as former Gov. Paul LePage repeatedly stumbled over a question about how he would handle the issue if voters returned him to office.The issue has been an advantage for Democrats, whose base has been energized after the Supreme Court overturned Roe v. Wade while Republicans face a dilemma over how to reassure swing voters without alienating their conservative base. Gov. Janet Mills, a Democrat seeking a second four-year term, seemed to sense her opportunity while seated a few feet from Mr. LePage, a Republican who left office in 2019 because of Maine’s prohibition on serving a third consecutive term.Asked whether she would remove state restrictions on abortion, Ms. Mills said she supported the current law. Maine permits abortions until viability, generally until 24 to 28 weeks, when a fetus could survive outside a mother’s uterus.“My veto power,” Ms. Mills said, “will stand in the way of efforts to roll back, undermine or outright eliminate the right to safe and legal abortion in Maine.”Mr. LePage was then asked whether he would sign a bill that placed additional restrictions on abortions in the state. While Democrats hold majorities in both chambers of Maine’s Legislature, Republicans are making a play to flip both in November.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Standing by Herschel Walker: After a report that the G.O.P. Senate candidate in Georgia paid for a girlfriend’s abortion in 2009, Republicans rallied behind him, fearing that a break with him could hurt the party’s chances to take the Senate.Democrats’ Closing Argument: Buoyed by polls that show the end of Roe v. Wade has moved independent voters their way, vulnerable House Democrats have reoriented their campaigns around abortion rights in the final weeks before the election.G.O.P. Senate Gains: After signs emerged that Republicans were making gains in the race for the Senate, the polling shift is now clear, writes Nate Cohn, The Times’s chief political analyst.Trouble for Nevada Democrats: The state has long been vital to the party’s hold on the West. Now, Democrats are facing potential losses up and down the ballot.“I support the current law,” Mr. LePage said.“And if they brought those bills to you, you would not sign them?” asked one of the moderators, Penelope Overton, a staff writer for The Portland Press Herald.“That is correct,” he answered.Ms. Mills then jumped in and pointed out that in Maine, a bill can become law without the governor’s signature.“Would you let it go into law without your signature?” Ms. Mills asked.“I don’t know. I would look — that’s a hypothetical,” Mr. LePage said.“You were governor,” Ms. Mills continued. “You know what the options are.”“Wait a second,” Mr. LePage said, throwing his hands in the air.“Would you let it go into law without your signature?” Ms. Mills asked, turning to her left to face her predecessor and repeatedly point at him.Mr. LePage dropped a pen he had been holding, and bent over to pick it up off the ground.“Would you allow a baby to take a breath?” he asked, twisting the pen in his hands. “Would you allow the baby to take a breath, then —”Mr. LePage broke off his question. It was unclear what he was asking, and a campaign spokesman didn’t immediately respond to requests to clarify or comment for this article.Ms. Mills, now sitting back in her chair with her legs crossed and her hands folded flatly on the table in front of her, continued to press.“Would you allow a restrictive law to go into effect without your signature?” she asked, staring at Mr. LePage. “Would you block a restriction on abortion?”“Would I block?” Mr. LePage said. “This is what I would do,” he added, chopping both hands in the air in front of him. “The law that is in place right now, I have the same exact place you have. I would honor the law as it is. You’re talking about a hypothetical.”“No,” Ms. Mills said with a smile. “We’re not.”Ms. Overton reminded Mr. LePage that she had asked about whether or not he would veto additional abortion restrictions.“I’m not sure I understand the question,” Mr. LePage said.“I do understand the question,” Ms. Mills interjected. “My veto pen would stand in the way.”“When you say restrictions, I am trying to understand,” Mr. LePage said.Another moderator, Jennifer Rooks, who hosts a radio show on Maine Public, stepped in and asked Mr. LePage what he would do if lawmakers passed a bill to ban abortions after 15 weeks.“Would you veto that?” Ms. Rooks asked.“Yes,” Mr. LePage said, nodding his head.Earlier in the week, Mr. LePage had boasted that he wasn’t planning to prepare for the debate against Ms. Mills, according to The Bangor Daily News.“I’ll eat her lunch,” he said. More

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      in Elections

      How Paul LePage, Running to Lead Maine, Benefited From Florida Tax Breaks

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      Mr. LePage, a former governor who is seeking to reclaim the office, has along with his wife benefited from property tax breaks reserved for permanent Florida residents, public records show.As governor of Maine for two terms until 2019, Paul LePage, a Republican, gained a reputation as one of the pre-Trump era’s most unfiltered politicians.He said he wanted to tell President Barack Obama to “go to hell,” and told the N.A.A.C.P. to “kiss my butt.” He made racist comments about drug dealers who supposedly travel to Maine and “impregnate a young white girl before they leave.”Making a comeback attempt now against his successor, Gov. Janet Mills, a Democrat, Mr. LePage is focusing heavily in his campaign on a push to phase out Maine’s income tax. He argues that the change is needed to keep wealthy residents from moving to Florida for just long enough each year to take advantage of the Sunshine State’s tax breaks.But Mr. LePage and his wife, Ann LePage, who have owned property in Florida for over a decade, have themselves benefited from that state’s tax laws while living in the Maine governor’s mansion, and again as he campaigns to return to the job. From 2009 to 2015, and also from 2018 through the end of this year, the couple received property tax breaks reserved for permanent Florida residents, public records show.The properties in question, both in Ormond Beach, Fla., are a home that the LePages bought in 2008 and sold in 2017, and another that they purchased in 2018 and still own. For both homes, the couple have sought and received what is called a homestead exemption, which is meant to apply only to primary residences in Florida.The sum the couple saved over the years is relatively small: A little over $8,500, according to a New York Times analysis of public records.But this is not the first time the LePages have faced scrutiny over such a tax matter — in 2010, Florida officials fined Mrs. LePage $1,400 before rescinding the penalty — and Mr. LePage’s focus on taxes in the current campaign for governor could open him up to attacks from Democrats.Mr. LePage’s campaign defended the tax moves, saying that Mrs. LePage’s mother had used the Florida home as her primary residence from 2009 until her death in 2015, when the couple removed the first homestead exemption. Mrs. LePage’s mother had scleroderma, a chronic disease that causes hardening of the skin.“Mrs. LePage’s mother would visit Augusta, but due to her condition, she spent a large amount of time, especially in cooler fall, winter and spring periods, at that permanent residence” in Florida, said Brent Littlefield, a spokesman for Mr. LePage’s campaign. “Mrs. LePage also traveled there in winter months to care for her. Her mother kept that as her primary residence while she was alive.”The campaign did not comment on the second exemption held from 2018 through this year. Attempts to reach Mrs. LePage directly were unsuccessful.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Inflation Concerns Persist: In the six-month primary season that has just ended, several issues have risen and fallen, but nothing has dislodged inflation and the economy from the top of voters’ minds.Herschel Walker: The Republican Senate candidate in Georgia claimed his business donated 15 percent of its profits to charities. Three of the four groups named as recipients say they didn’t receive money.North Carolina Senate Race: Are Democrats about to get their hearts broken again? The contest between Cheri Beasley, a Democrat, and her G.O.P. opponent, Representative Ted Budd, seems close enough to raise their hopes.Echoing Trump: Six G.O.P. nominees for governor and the Senate in critical midterm states, all backed by former President Donald J. Trump, would not commit to accepting this year’s election results.At campaign events, Mr. LePage has spoken about the couple’s home in Florida, and has criticized a Maine law requiring residents who split their time between the two states — so-called snowbirds — to spend at least 183 days, or just over half a year, in Florida in order to pay the state’s lighter tax burden.“We go down to Naples, Fla., to raise money from Mainers because that’s where all the money is — and it’s unfortunate that they have to leave for six months and a day,” Mr. LePage said in Bangor last month. “I have no problem going to Florida. We go to Florida, we have a home in Florida, but it’s for January and February, not for six months and a day. It’s unfortunate that we have this crazy tax and this is what happens.”But while Mr. LePage said that he and his wife were in Florida for only a couple of months a year, they have painted a different picture for Florida’s tax collectors over the years.In his final months as governor, Mr. LePage told reporters in November 2018 that he had a home in Florida and planned to move there because the state had no income tax. But by that time, records show, he and his wife had already claimed a homestead exemption on their Ormond Beach property — indicating that Florida had been the primary residence of Maine’s governor and first lady since March 2018, when they bought the home.That assertion meant that the four-bedroom home, about 15 minutes from the Atlantic Ocean, was eligible for a Florida homestead exemption, which shaves $50,000 from the taxable value of qualified primary residences in the state.After leaving office in 2019 because of Maine’s prohibition on serving a third consecutive term, Mr. LePage obtained a Florida driver’s license and registered to vote in the state. Then, in February 2020, he said he was considering a bid for a third term, and when he announced his run last year he cited criticisms of Ms. Mills’s response to the pandemic. He switched his voter registration back to Maine in 2020 and publicized pictures of himself putting Maine license plates back on his car.The couple have rented a home in Edgecomb, Maine, since 2020, and Mr. LePage has been campaigning in the state for much of the past year. But it was not until this June that Ann LePage informed a property appraiser in Florida that she and her husband were no longer residents of that state, according to the county appraiser’s office. The tax break will stay in effect through the end of this year, according to an official in the appraiser’s office in Flagler County, Fla., which handled the matter.Jon Alper, a Florida lawyer who specializes in asset protection, said the circumstances of the LePages’ homestead exemption claims were “certainly atypical.”“It’s possible under the law, but usually if one spouse is in the house, they’re both in the house,” he said.Mr. LePage and his wife, Ann, in 2014. They have owned two homes in Florida, one bought in 2008 and sold in 2017, and another that they purchased in 2018 and still own.Robert F. Bukaty/Associated PressThe LePages have struggled with tax issues while toggling between the two states for more than a decade.In 2008, while Mr. LePage was mayor of Waterville, Maine, his wife bought a home in Ormond Beach, not far from the home they would buy a decade later in the same city. She claimed the Florida homestead exemption even though she was also claiming a homestead exemption on a house she owned in Waterville. Both states require homeowners to certify that a property is their main residence in order to qualify for the exemption.That misstep was reported in 2010, during Mr. LePage’s first campaign for governor. Florida tax officials originally fined Mrs. LePage $1,400 for misleading them about her residency status in the state, but they withdrew the penalty shortly after, citing an explanation from Mrs. LePage that her mother, Rita DeRosby, was living in the house. A seldom-used provision in the Florida tax code allows homeowners to claim a homestead exemption if a dependent is residing on the property.Months after Mrs. LePage was cleared of wrongdoing, Ms. DeRosby joined the family’s move into the Maine governor’s mansion, according to local reports. When Ms. DeRosby died in 2015, her obituary said that she had “spent the last eight years of her life residing” with her daughter and Mr. LePage.Mr. LePage’s campaign proposal to eliminate Maine’s state income tax has prompted criticism from some Democratic officials that local governments would be forced to raise property taxes to offset costs.While he was governor, Mr. LePage tried to eliminate Maine’s homestead exemption, a proposal that would have denied an estimated 213,000 Mainers benefits similar to those he enjoyed in Florida, according to an analysis by the left-leaning Maine Center for Economic Policy. More

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      in US Politics

      Sotomayor accuses supreme court conservatives of dismantling church-state separation

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      Sotomayor accuses supreme court conservatives of dismantling church-state separationLiberal justice delivers warning after ruling that state of Maine cannot exclude religious schools from tuition programme The liberal justice Sonia Sotomayor has warned that the US supreme court is dismantling the wall between church and state, after the conservative majority ruled that the state of Maine cannot exclude religious schools from a tuition programme.‘I got in the car and he blindfolded me. I was willing to risk death’: five women on abortions before RoeRead moreIn a dissent to the ruling in Carson v Makin, released on Tuesday, Sotomayor wrote: “This court continues to dismantle the wall of separation between church and state that the framers fought to build.“… In just a few years, the court has upended constitutional doctrine, shifting from a rule that permits states to decline to fund religious organisations to one that requires states in many circumstances to subsidise religious indoctrination with taxpayer dollars.”Progressives fear other rulings due this month, among them a case set to bring down Roe v Wade, the 1973 ruling which established the right to abortion, and a ruling on a New York law set to loosen gun regulations even after several horrific mass shootings.Supreme court justices often claim not to rule according to political beliefs but few serious observers give such claims any credence.In the Maine case, John Roberts, the chief justice, wrote for the conservative majority. In Roberts’ view, the tuition programme violated the free exercise clause of the first amendment to the US constitution, because it said private schools were “eligible to receive the payments, so long as they [we]re ‘nonsectarian’”.Roberts wrote: “Regardless of how the benefit and restriction are described, the programme operates to identify and exclude otherwise eligible schools on the basis of their religious exercise.”A conservative, Roberts was appointed by George W Bush. Since Republicans rammed three new justices on to the court under Donald Trump, the chief justice has become in some cases a voice for moderation. Not this time.Sotomayor wrote: “While purporting to protect against discrimination of one kind, the court requires Maine to fund what many of its citizens believe to be discrimination of other kinds.”The main dissent was written by Stephen Breyer, at 83 the oldest of three liberals on the nine-judge panel. Breyer will soon retire, to be replaced by Ketanji Brown Jackson, Joe Biden’s first pick and the first Black woman confirmed to the court.Like her fellow liberal Elena Kagan, Sotomayor was nominated by Barack Obama.Concluding her dissent, Sotomayor wrote: “What a difference five years makes. In 2017, I feared that the court was ‘lead[ing] us … to a place where separation of church and state is a constitutional slogan, not a constitutional commitment’.“Today, the court leads us to a place where separation of church and state becomes a constitutional violation. If a state cannot offer subsidies to its citizens without being required to fund religious exercise, any state that values its historic antiestablishment interests more than this court does will have to curtail the support it offers to its citizens.“With growing concern for where this court will lead us next, I respectfully dissent.”Sonia Sotomayor says supreme court’s ‘mistakes’ can be corrected over timeRead moreHer words caused a stir. Antony Michael Kreis, a law professor and political scientist at Georgia State University, wrote: “Sotomayor is not having it today.”Nonetheless, Roberts’ ruling was further evidence of a court in conservatives’ grip.Last week, addressing progressive lawyers in Washington, Sotomayor said: “There are days I get discouraged. There are moments where I am deeply, deeply disappointed. And yes, there have been moments when I’ve stopped and said, ‘Is this worth it any more?’“And every time when I do that, I lick my wounds for a while, sometimes I cry, and then I say, ‘OK, let’s fight.’”TopicsUS supreme courtLaw (US)MaineUS politicsnewsReuse this content More