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    Feds seize phone of ex-Trump lawyer who aided effort to overturn election

    Feds seize phone of ex-Trump lawyer who aided effort to overturn electionJohn Eastman had put forth the proposal for then vice-president Mike Pence to halt the certification of electoral votes A conservative lawyer who aided former President Donald Trump’s efforts to undo the 2020 election results and who has been repeatedly referenced in House hearings on the January 6assault on the Capitol said on Monday that federal agents seized his cellphone last week.‘Watergate for streaming era’: how the January 6 panel created gripping hearingsRead moreJohn Eastman said the agents took his phone as he left a restaurant last Wednesday evening, the same day law enforcement officials conducted similar activity around the country as part of broadening investigations into efforts by Trump allies to overturn the election results in an unsuccessful bid to keep the Republican president in power.Eastman said the agents who approached him identified themselves as from the FBI but appeared to be serving a warrant on behalf of the justice department’s office of inspector general, which he contends has no jurisdiction to investigate him since he has never worked for the department.The action was disclosed in a filing in federal court in New Mexico in which Eastman challenges the legitimacy of the warrant, calling it overly broad, and asks that a court force the federal government to return his phone. The filing does not specify where exactly agents seized his phone, and a lawyer for Eastman did not immediately return an email seeking comment.Federal agents last week served a raft of subpoenas related to a scheme by Trump allies to put forward fake slates of electors in hopes of invalidating the election won by Democrat Joe Biden. Also that day, agents searched the Virginia home of Jeffrey Clark, a Trump justice department official who encouraged Trump’s challenges of the election results.A spokeswoman for the inspector general’s office declined to comment. Eastman, who last year resigned his position as a law professor at Chapman University, has been a central figure in the ongoing hearings by the House committee investigating the riot at the Capitol, though he has not been among the witnesses to testify.The committee has heard testimony about how Eastman put forward a last-ditch, unorthodox proposal challenging the workings of the 130-year-old Electoral Count Act, which governs the process for tallying the election results in Congress.The committee has heard testimony about how Eastman pushed for vice-president Mike Pence to deviate from his ceremonial role and halt the certification of the electoral votes, a step Pence had no legal power to take and refused to attempt.Eastman’s plan was to have the states send alternative slates of electors from states Trump was disputing, including Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.With competing slates for Trump or Biden, Pence would be forced to reject them, returning them to the states to sort it out, under the plan.A lawyer for Pence, Greg Jacob, detailed for the committee at a hearing earlier this month how he had fended off Eastman’s pressure. The panel played video showing Eastman repeatedly invoking his Fifth Amendment right against self-incrimination while being interviewed by the committee.Eastman later sought to be “on the pardon list,” according to an email he sent to Trump lawyer Rudy Giuliani, shared by the committee. TopicsUS Capitol attackDonald TrumpNew MexicoUS politicsJanuary 6 hearingsnewsReuse this content More

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    ‘Canary in the coalmine’: New Mexico clash hints at looming election crisis

    ‘Canary in the coalmine’: New Mexico clash hints at looming election crisisOtero county commission’s refusal to certify votes over unfounded doubts blatantly flouts state election law Hello, and Happy Thursday,There’s an incredibly important standoff playing out in New Mexico right now that is setting off loud alarm bells about the potential for overturning a future American election.The clash is taking place in Otero county, which sits along the New Mexico-Texas border and is home to about 70,000 people. Donald Trump overwhelmingly carried the county with nearly 62% of the vote in 2020. On Monday, the three-member county commission refused to certify the results of the state’s 7 June primary.Republican commission refuses to certify New Mexico primary vote Read moreIn their meeting, the commissioners, all Republicans, didn’t cite specific reasons for taking the extraordinary step of not certifying the contest. Two of the commissioners referenced generalized concerns about voting machines from Dominion, a company that has been the target of numerous conspiracy theories about the election. The third commissioner pointed to ineligible voters casting ballots, but didn’t cite a specific number of votes he was concerned about (You can watch the entire meeting here.)For months, baseless claims about fraud have been percolating in Otero county, which voted overwhelmingly for Donald Trump in 2020. The county commissioned a review of the 2020 election by inexperienced people who wound up making inaccurate claims about the county’s voting machines. The county commission has since voted to get rid of all Dominion voting machines and count all ballots by hand, which experts warn is less reliable than a machine count. New Mexico law already requires a post-election audit, which the state completed in 2020.“I don’t trust Dominion, period,” Vickie Marquardt, one of the county commissioners said during Monday’s meeting.“I don’t have specific examples that I can point to other than the recent audit and the canvass and the uncertainty of what that produced,” said Couy Griffin, another commissioner. Griffin is the founder of Cowboys for Trump, who was convicted of a misdemeanor for entering the US Capitol complex on January 6 (his sentencing is set for Friday).Marquardt, Griffin and Gerald Matherly, the third county commissioner, did not respond to interview requests.It’s a “canary in the coalmine” for what could be coming in November and in 2024, Maggie Toulouse Oliver, New Mexico’s secretary of state, told me. She said she’d never seen anything like this before.“What we’re seeing in Otero county is a complete breakdown of the rule of law and the democratic process,” Oliver, a Democrat, said. “This isn’t just about one little county in a state of 2 million population. It’s about what happens as a result of this. What model are they setting for other similar entities around the state and around the country.”Local officials across the country, citing shaky claims of fraud or lack of confidence in the results, could simply refuse to take the step of certifying elections. People who deny the results of the 2020 election are making a concerted effort to take over these little-known positions, from poll workers to local canvassing boards to secretaries of state.Oliver’s office filed a lawsuit on Tuesday seeking to force the county commissioners to certify the election. While state law allows for commissioners to seek clarifications about ambiguities or errors, it is clear that they don’t have discretion to refuse to certify an election. On Wednesday, the New Mexico supreme court ordered the county to certify the results no later than 17 June.Mario Jimenez, a former election official in the state who now works as the campaign director for the New Mexico chapter of Common Cause, a watchdog group, noted New Mexico law makes it a criminal offense to knowingly violate election laws.“They were instructed by their county attorney on the things they can and cannot do … despite being notified by their own legal expert and this very experienced county clerk, they continue to wilfully break the law and not serve their community or their constituents.”Oliver’s involvement underscores the kind of power that secretaries of state have to enforce election laws, including in the ballot counting process. Republicans running for secretary of state in many states have openly questioned the 2020 election results, and if they win this fall they could play a key role in blocking results from being certified. Audrey Trujillo, a Republican running against Oliver in New Mexico this year, has called the 2020 election a “coup” and urged commissioners across the state not to certify county results absent a hand recount and “forensic audit”.During Monday’s meeting, the commission’s attorney advised commissioners that they could be forced by court order to certify the election if they refused. The commissioners were unfazed. “And so then what? They’re going to send us to the pokey?” Marquardt said.Also worth watching…
    Jim Marchant, a QAnon-linked candidate who has spread baseless claims about the election, won the GOP nomination to be Nevada’s top election official.
    More than 100 candidates who have embraced lies about the election have won Republican primaries so far, according to a tally by the Washington Post.
    The US supreme court set 4 October as the date it will hear a hugely consequential redistricting case out of Alabama.
    TopicsNew MexicoFight to voteUS politicsfeaturesReuse this content More

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    New Mexico: How to Vote, Where to Vote and What’s on the Ballot

    New Mexico voters will weigh in on some key contests today. Here’s what to know if you’re heading to the polls.How to voteThe deadline to apply for absentee ballots was on Thursday. You can track the status of your ballot on this site. Not sure if you’re registered to vote? That same site will tell you if you are. The deadline to register for voting in person on Election Day was Saturday.Where to voteTo find a polling place near you, enter your full name, date of birth and county into this site. Ballots must be returned to the county clerk, or your voting precinct, by 7 p.m. local time on Election Day (which is also when polls close) to be counted.What’s on the ballotRepublicans will vote on candidates for governor and lieutenant governor. (Gov. Michelle Lujan Grisham and Lt. Gov. Howie Morales, both Democrats, do not face challenges for their party’s nomination.) Democrats will pick candidates for attorney general, state treasurer and auditor.Depending on where you live, other local races may be on your ballot. Use this site to find out what is on your ballot. More

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    Your Thursday Evening Briefing

    Here’s what you need to know at the end of the day.(Want to get this newsletter in your inbox? Here’s the sign-up.)Good evening. Here’s the latest at the end of Thursday.Mifepristone, the first of two drugs typically taken for a medication abortion, is authorized for patients up to 10 weeks pregnant.Michelle Mishina-Kunz for The New York Times1. Senate Democrats planned a surely doomed vote on Roe. The Senate’s majority leader, Chuck Schumer, said he will introduce a bill next week that codifies abortion rights into federal law, following the leaked Supreme Court decision overturning Roe v. Wade. The bill will almost certainly fall short of the 60 votes needed to overcome a filibuster or even obtain a simple majority.Still, Schumer called the vote one of “the most important we ever take,” framing it as a reminder to voters of the party’s stance. A majority of Americans support some form of abortion. If the Court overturns Roe, medication abortions, which account for more than half of recent abortions, will be the next battleground. A senior official said that the Biden administration is looking for further steps to increase access to all types of abortion, including the pill method.In other fallout, a stark divide has grown between Chief Justice John Roberts Jr. and Justice Samuel Alito Jr., author of the leaked decision. A Russian tank stuck in mud outside the Ukrainian capital of Kyiv.Daniel Berehulak for The New York Times2. The U.S. shared intelligence that helped Ukraine kill Russian generals. About 12 have died, according to Ukrainian officials, an astonishingly high number.The Biden administration’s help is part of a classified effort to give Ukraine real-time battlefield intelligence. Officials wouldn’t specify how many of the generals were killed with U.S. assistance and denied that the intelligence is provided with the intent to kill Russian generals.“Heavy, bloody battles” were fought at the Azovstal steel plant in Mariupol, the city’s last pocket of resistance, after Russian forces breached the perimeter. Seizing Mariupol would let President Vladimir Putin claim a major victory before Moscow’s Victory Day celebration on May 9.Fighting raged across the eastern front, from Mariupol to the northern Donetsk area. “The front is swinging this way and that,” a Ukrainian medic told The Times.The W.H.O. estimated roughly 930,000 more people than normal died in the U.S. by the end of 2021.Kirsten Luce for The New York Times3. Nearly 15 million more people died during the first two years of the pandemic than would have been expected during normal times.That estimate, which came from a panel of experts the World Health Organization assembled, offered a startling glimpse of how drastically the death counts reported by many governments have understated the pandemic’s toll.Most of the deaths were from Covid, the experts said, but some people died because the pandemic made it more difficult to get medical care for ailments such as heart attacks. The previous toll, based solely on death counts reported by countries, was six million.In other virus news, BA.2.12.1, a subvariant of the BA.2 Omicron subvariant, is likely to soon become the dominant form of the virus in the U.S. There’s no indication yet that it causes more severe disease.A Modoc National Forest firefighter used a drip torch to ignite a prescribed burn in Alturas, Calif., last year.Max Whittaker for The New York Times4. Fire season has arrived earlier than ever.Enormous wildfires have already consumed landscapes in Arizona and Nebraska. More than a dozen wildfires are raging this month across the Southwest. Summer is still more than a month and a half away.A time-lapse image from space shows the scope of the Western catastrophe: Smoke from fires in New Mexico can be seen on a collision course with a huge dust storm in Colorado. Both are examples of natural disasters made more severe and frequent by climate change, which has also made a vital tool for controlling wildfires — intentional burns — much riskier.The country’s largest active blaze, a megafire of more than 160,000 acres in northern New Mexico, has grown with such ferocity that it has threatened a multigenerational culture that has endured for centuries.A polling station in Shipley, England, where local elections could decide Prime Minister Boris Johnson’s fate.Mary Turner for The New York Times5. Britain is holding local elections in a big test for Prime Minister Boris Johnson.His scandal-prone leadership is again on the line, with Conservatives trailing the Labour Party in polls and his own lawmakers mulling a no-confidence motion that could evict him from Downing Street. A poor election result could tip them over the edge.One thing that has saved Johnson so far is his reputation as an election winner and his strength in the so-called red wall regions of the north and middle of England, which have traditionally voted Labour. Many voters are skeptical that the opposition can solve issues such as soaring prices.Elon Musk’s recent purchase of Twitter has left users and investors unsure of how the site will change. Joshua Lott/Getty Images6. Elon Musk has brought in 18 new investors and $7 billion for his Twitter deal.Among them are Larry Ellison, who put in $1 billion; Fidelity; and the venture capital firm Sequoia Capital. Musk is paying $21 billion from his own very deep pocket, and an investment firm analyst called Musk’s move a smart deal. In 2019, Musk tweeted “I hate advertising,” — but ads account for about 90 percent of Twitter revenue. Some agencies already say Twitter ads aren’t targeted well. Now, numerous advertising executives say they’re willing to move their money elsewhere, especially if he removes the safeguards that allowed Twitter to remove racist rants and conspiracy theories. Musk has mentioned potentially charging some users.Two of our colleagues, John Eligon and Lynsey Chutel, interviewed friends and relatives — including Musk’s estranged father — in South Africa, where he grew up, to better understand the mysterious entrepreneur.Russia-Ukraine War: Key DevelopmentsCard 1 of 4In Mariupol. More

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    Cowboys for Trump creator found guilty in second US Capitol attack trial

    Cowboys for Trump creator found guilty in second US Capitol attack trialJudge declares Couy Griffin guilty of one of the two offenses, bolstering a key theory from lawyers in hundreds of related cases A New Mexico county commissioner who founded a group called Cowboys for Trump was found guilty by a judge on Tuesday of breaching the US Capitol during the January 6 riot, a second consecutive win at trial for the US Department of Justice.Kid Rock says Donald Trump sought his advice on North Korea and Islamic StateRead moreFollowing a two-day non-jury trial, the US district judge Trevor McFadden said the defendant, Couy Griffin, was guilty of one of the two misdemeanor offenses.The ruling bolsters a key theory from prosecutors in hundreds of related cases.They argued that the Capitol grounds were strictly off-limits on 6 January 2021, and that should have been apparent to the thousands of Donald Trump supporters who breached them in an attempt to stop Congress certifying Joe Biden’s election.The judge found Griffin guilty of entering a restricted area protected by the US Secret Service but cleared him of disorderly conduct.McFadden said Griffin should have known not to scale walls and enter the Capitol grounds, but said Griffin was innocent of disorderly conduct because he never tried to rile up the crowd at the Capitol or engage in violence.McFadden scheduled a June sentencing hearing for Griffin, who faces up to a year behind bars.Before the mob stormed the Capitol, Trump gave a fiery speech in which he falsely claimed his election defeat was the result of widespread fraud, an assertion rejected by multiple courts, state election officials and members of his own administration.About 800 people face criminal charges relating to the riot, which sent the then-vice-president, Mike Pence, and members of Congress running for their lives. Some 200 have already pleaded guilty.Griffin’s bench trial is seen as an important test case as the DoJ attempts to secure convictions of the hundreds of defendants who have not taken plea deals.The first jury trial for a 6 January defendant ended in a decisive victory for prosecutors earlier this month. After a quick deliberation, a jury unanimously found a Texas man guilty on all five of the felony charges he faced, including bringing a gun onto the Capitol grounds and obstructing an official proceeding.TopicsUS Capitol attackNew MexicoDonald TrumpUS politicsLaw (US)US crimeReuse this content More

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    While Democrats Debate ‘Latinx,’ Latinos Head to the G.O.P.

    Democrats working to save their slim majority in the House in November’s elections have been sounding alarm bells lately over research showing that Republican attacks on culture-war issues are working, particularly with center-left, Hispanic and independent voters. Hispanic voters, many of us alienated by progressive labels and mottos like “Latinx” and “defund the police,” have been drifting rightward as Donald Trump marginally increased the G.O.P. Hispanic vote share in 2016 and again in 2020 — a phenomenon, it should be noted, that goes beyond Mr. Trump or any individual campaign.Democrats now understand that they are losing support among Hispanics on culture as well as pocketbook issues, leaving little in the message arsenal for the party’s candidates to use to stanch what appears to be a long-term bleed.The Democrats’ problems with Hispanics are especially glaring when you consider that Republicans are not exactly flawless when it comes to appealing to these voters. Both parties have committed a mind-boggling form of political malpractice for years: They have consistently failed to understand what motivates Hispanic voters, a crucial and growing part of the electorate.As the growth of the Hispanic eligible electorate continues to outpace other new eligible voting populations, the caricatures and stereotypes of “Hispanic issues” are proving further and further removed from the experience of most Hispanics. Yet, for all the hype and spin about Republican gains with Hispanic voters, the rightward shift of these voters is happening despite Republicans’ best efforts, not because of them.In the eyes of some on the American right, Hispanics are hyper-religious Catholics or evangelicals, entrepreneurial, anti-communist, social conservatives reminiscent of the ethnic white voters of yesteryear. To some on the left, we’re seen as angry, racially oppressed workers of the cultural vanguard who want to upend capitalism while demanding open borders. While none of these caricatures are accurate, in them there are enough grains of truth to lull self-righteous partisans on both sides into believing that they may be on the winning side of the emerging ethnically pluralistic American majority.In our current era of negative partisanship, voters are as often motivated to oppose the party they dislike or view as extreme as they are to support the party with which they align. Latinos, of course, are no different, and it is at the cultural extremes where Democrats face the greatest threat to losing what they have long viewed as the foundational base of their long-term majority prospects. As “culture” grows as a proxy for “race,” the electoral math for Democrats will most likely get bleaker as political campaigns continue as referendums on “critical race theory” and “defunding the police.” It will be worse still if Hispanics increasingly do not view themselves as an aggrieved racial minority.This understanding will help determine which party controls Congress and the White House, beginning with the 2022 midterms. Under newly drawn district lines, four of the most competitive House seats will have Hispanic populations of at least 38 percent and are in California, Texas, New Mexico and Colorado. Additionally, Hispanic voters will be essential components of Senate and other statewide contests in Arizona and Nevada. The Latino voters in these states and districts are important for both parties. As the Democratic Party drifts away from its working-class roots and emphasizes cultural issues, Republicans are well positioned to pick up these politically untethered voters and with them the reins of power.The recent debate over the term “Latinx” symbolizes the cultural alienation of institutions far removed from the realities of life for an overwhelming number of working-class Hispanics. “Latinx” was created as a gender-neutral alternative term in Spanish, a gendered language, that refers to males as “Latino” and females as “Latina’.”Commonly used by media, political and academic elites as a sign of gender inclusivity, it is virtually nonexistent in the communities it refers to. In 2020 Pew Research revealed that only 3 percent of Latinos use the term, while 9 percent of white liberals think it is the most appropriate term to use. In fact, only 14 percent of Latinos with just a high school degree or less had even heard of it.This was not a sign of intolerance but rather was emblematic of one class with the luxury of being consumed with such matters trying to impose their values on working-class families trying to keep up with paying the rent on Friday. Members of the Democratic Party don’t just live in a distinct cultural bubble removed from the realities of their blue-collar counterparts, they are so removed from the rapidly growing Hispanic working class that many of them are now literally speaking a different language.The growing cultural divide in America, in which Hispanics appear to be increasingly turned off by progressive mottos and movements, is linked to the education divide in America between college-educated and noncollege-educated voters of all ethnicities. According to Pew Research, Republicans increasingly dominate in party affiliation among white noncollege voters, who make up 57 percent of all G.O.P. voters. This in a country where 64 percent of voters do not have a college degree.The Democratic Party is losing its brand among white, working-class voters and Hispanics. This is especially pronounced among Hispanic men and Hispanic noncollege-educated voters, who are trending more Republican, just as their white noncollege-educated peers are. Latinos are increasingly voting similarly to noncollege whites, perhaps because they don’t view themselves all that differently from them. Pew Research studies on Hispanic identity have shown that fully half of the country’s Hispanics view themselves as “a typical American”; fewer responded as identifying as “very different from a typical American.”For all the discussion about diversity within the Latino community, and the now-trite adage that the community is not ‘‘monolithic,’’ in fact what unites most Hispanics is that they are an important share of the blue-collar noncollege-educated work force, and their presence in the labor force is only growing. The “essential workers” of the pandemic are disproportionately Black and Latino, and as a decidedly younger demographic, Hispanic workers are filling the roles of manufacturing, agricultural and construction trades in states with large Hispanic populations.Democrats have increasingly become a party shaped by and reliant upon white voters with college degrees. Compared with 40.1 percent of white adults age 25 and older, only 18.8 percent of Latino adults in this age group have a bachelor’s degree. Latinos are, and increasingly will be, a key part of the blue-collar work force of the future and their politics are reflecting that.From 71 percent support for President Barack Obama in 2012 to 66 percent for Hillary Clinton and 59 percent for Joe Biden in 2020, Democrats find themselves slowly but measurably losing hold of Latinos, the fastest-growing segment of the electorate. As Latino voters grow in number in key battleground states, they are increasingly rejecting the minority construct promulgated by the media, academia and Democratic politicians and consultants.The party that is able to express the values of a multiethnic working class will be the majority party for the next generation. As we continue to watch the country’s culture war increasingly divided by education levels, it is quite likely that Latino voters will continue to trend, even if marginally, into the ranks of Republican voters. The country stands on the precipice of a significant political shift. As President Ronald Reagan once quipped, quoting a Republican sheriff nominee, “I didn’t leave the Democratic Party, the Democratic Party left me.”Mike Madrid is an expert in Latino voting trends, was a visiting professor at the University of Southern California, where he taught “Race, Class and Partisanship,” and is on the board of directors of the League of Minority Voters.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More