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      National Democrats Make Last-Gasp Push to Keep N.Y. District Maps

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      Democrats are seeking to reinstate congressional district maps that were declared unconstitutional last week by New York’s highest court.With the balance of the House of Representatives at stake, national Democrats made an 11th-hour appeal to a federal court on Monday to intervene in New York’s heated redistricting dispute, hoping to reinstate House maps thrown out by the state’s highest court last week.In a 17-page complaint, they argued that there simply was not enough time to implement the order from the State Court of Appeals for new district lines and still comply with a longstanding federal court order meant to protect the rights of Americans casting ballots from overseas.The Democrats asked a panel of federal judges to exercise its authority to effectively block the state court from enforcing its decision, and instead require New York to hold this year’s elections in late June, as originally scheduled, on the map adopted by the Democrat-dominated Legislature.“The state has an obligation to timely redistrict,” the complaint said. “Since it has failed to do so, this court must act.”The unusual legal maneuver, funded by the Democratic Congressional Campaign Committee on behalf of five New York voters, amounted to a last-gasp effort by party leaders to save a set of lines that could net their party as many as three new seats in the battle for control of the House.The State Court of Appeals tossed the maps last week, ruling that Democratic state leaders had violated a 2014 amendment to the State Constitution, including a ban on partisan gerrymandering. In a far-reaching decision, the judges ordered a court-appointed special master to draw the new lines instead and set the stage for the primary to be delayed until Aug. 23.While it is not unheard-of for federal courts to temporarily allow elections to proceed on flawed maps for pragmatic reasons, it was far from clear that Democrats’ arguments would prevail here.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.A federal judge could, for example, be persuaded that there was enough time to draft new maps to satisfy the state court this year under the revised primary calendar. Other states frequently hold late-summer primaries and are able to comply with overseas ballot requirements.Republicans said they were confident the state ruling would stand unimpeded.“It’s a Hail Mary and a sign of desperation,” said John Faso, a former congressman who helped bring the Republicans’ initial legal challenge. “An Aug. 23 primary fully complies with the requirements of the federal military voters act.”National Democratic leaders on Monday coupled the lawsuit with a public campaign to openly pressure the state courts to alter the process for drawing the new district lines, in case they do not prevail in court.Representative Hakeem Jeffries of New York, the No. 5 House Democrat, criticized the judge overseeing the case for creating a process that makes it difficult for voters of color in his Brooklyn district to have any say in the final maps at all.The judge, Patrick F. McAllister, has ordered that anyone wishing to offer input to the special master must do so in person at a courthouse in Bath, N.Y., on Friday.Mr. Jeffries noted, in arguments that echoed parts of the lawsuit, that it was a five-hour drive from New York City and virtually inaccessible by public transportation — an arrangement he called “not acceptable.”“The court must immediately schedule additional hearings at locations accessible throughout our state, including in New York City, Albany and Buffalo, before ruling on legislative and congressional districts drawn by an unelected, out-of-town special master,” he wrote to the judge.The initial lawsuit, filed against New York State Democratic leaders, was financed and supervised by Republicans in Albany and Washington, and filed before Justice McAllister, a conservative Republican in Steuben County, N.Y.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      How N.Y. Democrats Lost a Critical Redistricting Battle

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      When an independent redistricting commission failed to reach consensus, Democratic leaders decided to make their own maps and risk a lawsuit.It was 2020, more than a year before New York began its once-in-a-decade redistricting process, when Carl Heastie, the Assembly speaker, foresaw a problem.New York voters had empowered a bipartisan commission to guide the task of drafting new legislative maps for the House and local state districts. But Mr. Heastie worried that constitutional language behind the new process would give incentive to Republicans to undermine the commission, according to two Democrats familiar with the discussions.If the commission failed to complete its work, Republicans could try to push the mapmaking process directly to the courts, rather than the Democrat-dominated Legislature.With a handful of crucial House and State Senate seats hanging in the balance, that outcome could have been disastrous for Democrats. They drafted a constitutional amendment to head off Republicans, but voters soundly rejected it last November. Lawmakers then tried another workaround, passing a bill authorizing the Legislature to act if the commission failed to complete its work.Mr. Heastie’s fears came to pass in January, when Republican commissioners refused to approve a final recommendation to the Legislature.But rather than defer to the courts, Democratic leaders decided to make a bet: They disregarded the commission’s work, unilaterally approved maps that positioned their party to pick up key House seats, and hoped that their legal change would withstand scrutiny.Carl Heastie, the Assembly speaker, had warned colleagues that a new redistricting commission might intentionally deadlock.Cindy Schultz for The New York TimesOn Wednesday, the Democrats’ maneuver imploded.In a sharply worded decision, the New York State Court of Appeals said that the Legislature’s actions violated the State Constitution, accusing Democratic leaders of placing partisan interests above the will of the voters who, in 2014, created the commission and outlawed partisan gerrymandering.A majority of the seven-judge panel — all appointed by Democrats — explicitly found fault with Mr. Heastie’s attempted procedural fix, ruled that the congressional maps had been “drawn with impermissible partisan purpose,” and empowered a court-appointed special master to redraft the congressional and State Senate lines.The ruling threw New York politics into chaos and scrambled the national fight for control of the House of Representatives this fall.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.“Any Democrat in New York today who you get on the phone and tells you anything other than this was an unmitigated disaster, is just not telling you the truth,” said Chris Christie, the former New Jersey governor who helps lead the Republicans’ national redistricting effort.Democrats had been counting on the new maps in New York to provide as many as three new House seats, offsetting expected Republican gains through redistricting in other states.The final outcome of the 2022 battlefield may still depend on whether Florida courts strike down Republicans’ new map there as a gerrymander. But for now, Republicans appear poised to best the Democrats nationally for the second consecutive redistricting cycle, making it increasingly difficult for Democrats to hold onto their slim House majority.The situation in New York was even more tenuous. Not only will it take a court-appointed special master weeks to draw new lines — significantly scrambling contests that have already been going on for months — but election lawyers said on Thursday that they were not certain how the state could even comply with the order and other election-related requirements.For instance, while it at first appeared that primaries for statewide offices like governor and lieutenant governor had not been affected by the ruling, those contests may be called into question, after all. To qualify for the ballot, the State Board of Elections requires candidates for statewide office to collect petitions from voters in multiple congressional districts. No one could immediately say whether those petitions, filed weeks ago, were now invalid.“Boy, that could really upend the elections much more than I originally thought,” said Jerry H. Goldfeder, a Democratic elections lawyer who wrote a leading textbook on New York election law, as he puzzled through the ruling Thursday morning.Mr. Goldfeder and other Democrats strenuously disagreed with the Court of Appeals’ decision, the first time in half a century that the judges have struck down a map approved by lawmakers. They called it judicial overreach and heaped blame back on Republicans, who they say intentionally sabotaged the commission’s work in hopes of achieving the outcome they ultimately won in court.“It would have been impossible for us to actually meet the threshold laid out by the Court of Appeals because the Republicans refused to come to a meeting to vote,” said David Imamura, the Democratic appointee who chaired the redistricting commission.He called the current system “unworkable” and warned that the Court of Appeals decision, while attempting to vindicate the will of the voters, would actually ensure that one party or the other always has a political incentive to deprive the Legislature of the ability to draw lines.Jack Martins, Mr. Imamura’s Republican counterpart, did not return requests for comment.In reality, both parties entered this year’s redistricting cycle knowing that the commission was legally untested and had serious flaws that made it different from those that have worked in other states.Created out of a compromise between former Gov. Andrew M. Cuomo and Republicans who controlled the Senate at the time, the panel consisted of even numbers of Democratic and Republican appointees. It lacked clear incentives to compromise, and its work could always be overruled by the Legislature if lawmakers rejected two consecutive proposals by the body.But voters, sick of years of political mapmaking in New York, enthusiastically enshrined it in the State Constitution alongside language outlawing partisan gerrymandering.For a time, the commission appeared to be working. That changed late last year, when the members began to draft final congressional, State Senate and Assembly maps. Rather than sending the Legislature one set of maps to consider in January, the commission sent competing partisan maps.When those maps were rejected, the commission simply collapsed without submitting a second proposal required by the State Constitution, eventually laying the groundwork for the Republicans to sue.Democratic lawmakers insist that after the commission failed, they proceeded in good faith, acting on what courts in New York have long recognized as the authority of the representative branch of government to draw maps.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      Democrats Lose Control of N.Y. Election Maps, as Top Court Rejects Appeal

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      The Court of Appeals said Democrats violated the State Constitution and ignored the will of the voters. The judges ordered a court-appointed expert to draw replacements.New York’s highest court ruled on Wednesday that Democratic leaders had violated the State Constitution when they took it upon themselves to draw new congressional and State Senate districts, and ordered that a court-appointed special master draft replacement lines for this year’s critical midterm elections.In a sweeping 32-page ruling, a divided New York State Court of Appeals chided Democrats for ignoring a constitutional amendment adopted by voters in 2014 to curb political influence in the redistricting process. The amendment also created a new outside commission to guide the process.The judges additionally found that the congressional districts designed by Democrats violated an explicit state ban on partisan gerrymandering, undercutting the party’s national campaign to brand itself as the champion of voting rights.Writing for the four-judge majority, Chief Judge Janet DiFiore said that Democratic lawmakers created congressional and State Senate maps in a way that was “procedurally unconstitutional,” and that the congressional map in particular was “drawn with impermissible partisan purpose.”The ruling, which is not subject to appeal, was expected to delay the June 28 party primaries for the congressional and State Senate districts until August, to allow time for new maps to be drawn and for candidates to collect petitions to qualify for the ballot.The verdict delivered a stinging defeat to Democrats in Albany and in Washington and cast this year’s election cycle into deep uncertainty.Party leaders had been hopeful that the Court of Appeals, with all seven judges appointed by Democratic governors, would overturn earlier decisions by a Republican judge in Steuben County and a bipartisan appeals court in Rochester.Instead, the high court issued an even more damning verdict that denied the Democrat-dominated State Legislature a chance to redraw the maps itself. That task, the judges said, should be handled by a politically neutral special master, who would be overseen by a trial court.National Democrats had been counting on the New York congressional maps adopted in February to deliver as many as three new seats this fall and offset redistricting gains by Republicans across the country. Now, with Democratic gains likely to be erased or minimized in New York, Republicans are on track to make modest gains nationally, easing their path to retaking control of the House of Representatives this fall.Democrats were likewise expecting the State Senate maps they adopted in February to help safeguard the party’s supermajority in Albany.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.Wednesday’s decision was a milestone in New York jurisprudence, the first time since the 1960s that the Court of Appeals has struck down district lines approved by lawmakers in their once-in-a-decade redistricting process.But the ruling is part of a growing trend across the nation in which state courts have taken up more active stances against partisan gerrymandering as federal courts have been removed from these battles by the Supreme Court.This year alone, state courts in Ohio, North Carolina, Kansas and Maryland have scrapped plans put in place by lawmakers because they ran afoul of state constitutional language outlawing partisan mapmaking, like that adopted by New York voters in 2014. The courts are widely expected to scrutinize new lines in Florida that overwhelmingly favor Republicans, as well.“States can be the laboratories of redistricting reforms,” said Samuel Wang, the director of the Princeton Gerrymandering Project. “And this just goes to show that if a state court is willing to look carefully to its constitution and laws, it will find principals that can restrict the most extreme partisan acts.”Unlike New York, though, some of those courts have indicated they will allow 2022 elections to take place on tainted maps, potentially putting Democrats at a greater disadvantage nationally.The judges in New York were silent on whether to reschedule primary elections for other contested seats — including for governor, lieutenant governor and the State Assembly — leaving it to a trial court judge, Patrick F. McAllister, and the State Board of Elections to work out the details with “all due haste.” The board said Wednesday evening that it did “not foresee” moving those contests.But the judges appeared to bless the idea of separating them, pointing out that New York has a history of holding bifurcated primaries. They were more explicit in rejecting Democrats’ plea to allow this year’s elections to proceed on tainted lines and fix them later.“We reject this invitation to subject the people of this state to an election conducted pursuant to an unconstitutional reapportionment,” Judge DiFiore wrote in the majority opinion.Justice McAllister has already appointed Jonathan Cervas, a postdoctoral fellow at Carnegie Mellon University, as special master to draw the congressional and State Senate lines by late May.Gov. Kathy Hochul, a Democrat, said Wednesday afternoon that she was reviewing the decision. Michael Murphy, a spokesman for Senate Democrats, said they still “believe in the constitutionality” of their maps and plan to argue their case to the special master.Republicans and several nonpartisan public interest groups lauded the decision.“The will of the people prevailed over the Corrupt Albany Machine in a tremendous victory for democracy, fair elections & the Constitution!” Representative Nicole Malliotakis, a New York City Republican, wrote on Twitter.Ms. Malliotakis’s Staten Island-based district was among several that the Democrats’ congressional map would have made more challenging for Republicans, in her case by adding liberal voters from Park Slope in Brooklyn. The map also created new Democratic pickup opportunities on the eastern end of Long Island and in Central New York, and shored up Democrat-held swing seats in the Hudson Valley, by cramming conservative voters into just a handful of districts.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      New York Democrats Make Last-Ditch Bid to Save New Congressional Maps

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      The state’s highest court heard arguments on Tuesday on whether to uphold earlier rulings that voided maps drawn by Democrats as illegal gerrymanders.New York Democrats made a last-ditch appeal to the state’s highest court on Tuesday to overturn a pair of lower-court rulings and salvage newly drawn congressional districts that overwhelmingly favor their party.In oral arguments before the New York State Court of Appeals, lawyers for the governor and top legislative leaders said that Republicans challenging the lines had fallen short of proving that the state’s new congressional map violated a state ban on gerrymandering.But the arguments turned tense at times, especially as several members of the seven-judge panel scrutinized the constitutionality of the mapmaking process itself.Voters created a new redistricting commission in 2014 to help wean politics from the mapmaking process, at the same time that they outlawed gerrymandering. But after the commission’s efforts broke down this winter, the Democratic-led Legislature quickly shunted aside the commission’s proposals in favor of more politically favorable maps.“Isn’t that evidence of a purpose to gerrymander?” Judge Michael Garcia asked lawyers for the Democrats.The court’s decision, expected as soon as Wednesday, could have far-reaching implications for New York and the rest of the country.A bare-knuckle political fight over representation and power lies beneath the complex legal arguments. National Democrats are relying on New York to help offset Republican redistricting gains in other states. Without it, their path to maintaining the House of Representatives in Washington could become considerably more difficult.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Analysis: For years, the congressional map favored Republicans over Democrats. But in 2022, the map is poised to be surprisingly fair.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.The congressional map, approved by Democratic supermajorities in February, threatens to cut the state’s eight-member Republican House delegation in half and creates three new Democratic friendly seats on Long Island, Staten Island and in central New York. The map, which favors Democrats 22 to four, shores up several swing districts that Democrats hold now with more left-leaning voters.But an Appeals Court ruling could also determine the future of the 2014 reforms to the redistricting process, which takes place once a decade. If the court upholds the maps and the process behind them, its ruling could effectively neuter the redistricting commission after just one cycle of activity and would set a high bar to prove maps are partisan gerrymanders.“It’s a total disregard for the Constitution and what the voters chose in 2014 as a process to try to improve the way the lines were drawn,” Laura Ladd Bierman, executive director of the nonpartisan League of Women Voters of New York State, said of the Legislature’s actions. “That’s what just makes me so frustrated: They just seem to have no regard for what the public wanted.”Ms. Bierman’s group has submitted an amicus brief in the case siding with Republicans to argue that the courts should strike down the maps and draw new ones using a special master.The Court of Appeals judges, all of whom were appointed by Democratic governors, appeared to be wrestling with how to balance the interests of the voters, the longstanding right of the Legislature to set district lines and more pragmatic questions about how and when this year’s critical midterm elections should proceed.The court has traditionally shown deference to state lawmakers to set boundaries that they feel are appropriate. But the questions this time were particularly thorny because the case — Harkenrider v. Hochul — is the first time that the courts have tested the 2014 constitutional changes.The challengers, New York voters backed by national Republicans, have argued that the mapmaking power should have gone directly to the courts, not the Legislature, when the commission collapsed this winter. Instead, they contend, Democrats hijacked the process and drew lines expertly devised to knock out Republicans.The commission violated the law, the Republican lawyer, Misha Tseytlin, said, “but then the Legislature attempted to take a step that it had no legal authority to take.”Democrats rejected both claims. They maintain that the commission was an advisory body whose maps required lawmakers’ approval to become law. And they defended their congressional map as a good-faith effort to balance competing requirements to preserve the cores of existing districts and communities of interest — which includes racial and ethnic groups — while achieving maximum compactness and adjusting for population shifts that generally benefit Democrats.“Maybe the petitioners would have drawn the map a little differently, maybe someone from a think tank or the editorial board of a newspaper would have drawn these maps differently, or somebody on Twitter,” said Craig R. Bucki, a lawyer for State Assembly Democrats. “But the fact is they are not the Legislature, and they are not elected by the people, and that’s why all these maps should be upheld.”How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      N.Y. House Districts Illegally Favor Democrats, Appeals Court Rules

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      A divided five-judge panel found that Democrats engaged in gerrymandering in creating new district maps. The case is expected to head to New York’s highest court.A New York appeals court ruled on Thursday that new congressional districts drawn by Democrats violated the state’s ban on partisan gerrymandering, partially upholding a lower-court ruling that would block the state from using the lines in this year’s critical midterm elections.A divided five-judge panel in Rochester said Democratic legislative leaders had drawn the new House map “to discourage competition and favor Democrats,” knowingly ignoring the will of voters who recently approved a constitutional amendment outlawing the practice.“We are satisfied that petitioners established beyond a reasonable doubt that the Legislature acted with partisan intent,” a three-judge majority wrote in its opinion. Two judges dissented.Gov. Kathy Hochul and top legislative leaders are expected to immediately appeal the decision to the state’s highest court, the New York Court of Appeals. The judges there, all of whom were appointed by Democratic governors, have indicated they could render a final verdict as soon as next week.The outcome in New York will have significant implications in the broader fight for control of the House of Representatives. National Democratic leaders are counting on the maps their party drew in New York to help offset gains by Republicans.Without them, Democrats are at risk of emerging from this year’s redistricting cycle having been bested by Republicans for the second consecutive decade. Republican gains were on track to grow further after Florida lawmakers this week approved a map drawn by Gov. Ron DeSantis that would create four new Republican-friendly seats.The ruling was the second consecutive setback for New York’s Democratic mapmakers, and this time it came in an appellate court that was viewed as generally friendly to the party.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Analysis: For years, the congressional map favored Republicans over Democrats. But in 2022, the map is poised to be surprisingly fair.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.“Like other state courts around the country, New York courts aren’t finding the question of whether a map is a partisan gerrymander a particularly hard one to decide,” said Michael Li, senior counsel for the Democracy Program at the Brennan Center for Justice. “It’s very hard to defend a map like New York’s, and ultimately if it quacks like a duck, it probably is a duck.”Still, Mr. Li added, Thursday’s decision was only the second of three acts in New York’s redistricting legal drama.On Thursday, the judges from the Appellate Division of the New York State Supreme Court ordered the Democrat-led Legislature to promptly redraft the map by April 30 or leave the task to a court-appointed neutral expert. The judges were largely silent on another key question at stake: whether some of the primaries scheduled for June should be postponed until August to accommodate new districts.The congressional lines in question, adopted by Democratic supermajorities in the Legislature in February, would give Democrats a clear advantage in 22 of the state’s 26 congressional districts by shifting voters favorable to their party into redrawn seats on Long Island and Staten Island and in Central New York, and packing Republicans in a smaller number of districts. Republicans currently hold eight districts on a map that was drawn by a court-appointed special master in 2012.State leaders did emerge with some good news from the latest ruling. The panel rejected more sweeping parts of the decision by the lower-court judge, Patrick F. McAllister of Steuben County, that held that lawmakers lacked the authority to draw any maps at all after New York’s newly created redistricting commission failed to agree on a plan for the state.As a result, the appeals court ruling reinstated State Senate and Assembly maps that Justice McAllister had thrown out.Mike Murphy, a spokesman for Senate Democrats, said they were “pleased” that the appeals court had validated the Legislature’s right to draw the maps this year, and predicted the higher court would reinstate the congressional maps as well.“We always knew this case would end at the Court of Appeals and look forward to being heard on our appeal to uphold the congressional map as well,” he said.John Faso, a spokesman for the Republican-backed voters challenging the maps, said that they would file their own appeal to try to strike the state legislative maps. But he called Thursday’s decision a “great victory.”The broader legal dispute turns on two interlocking questions: whether the mapmaking process properly adhered to procedures laid out in a 2014 amendment to the State Constitution, and whether the maps themselves violated an accompanying ban on drawing districts for partisan gain.The procedural changes made in 2014 were designed to remove the line-drawing process from the hands of politicians by creating an outside commission to solicit public input and forge a bipartisan proposal for House, State Senate and Assembly districts. If the commission had reached agreement, the Legislature’s role would have been to ratify the maps.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More

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      Your Wednesday Evening Briefing

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      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 Wednesday.President Biden with military leaders in the White House Cabinet Room.Sarahbeth Maney/The New York Times1. Russia test-launched a new missile as its forces in Ukraine unleashed artillery and rocket strikes in the eastern Donbas region. President Vladimir Putin said the new intercontinental ballistic missile should cause anyone threatening Russia to “think twice.”The Russian Defense Ministry said the new missile could deploy nuclear warheads at hypersonic speeds anywhere in the world but it needed further testing before deployment.In Ukraine, the air force has bolstered its operations after receiving spare parts shipments coordinated by the U.S. But in the devastated city of Mariupol, citizens and soldiers sheltering in an abandoned steel plant may have only hours left before it falls. They vowed to fight until the “last drop of blood.” President Biden met top U.S. defense officials, a day after promising to send more artillery to help Ukraine. The U.N. Secretary General, António Guterres, requested to meet with the leaders of Russia and Ukraine to discuss “urgent steps to bring about peace.” Travelers heading to O’Hare Airport in Chicago yesterday.Jamie Kelter Davis for The New York Times2. The C.D.C. said a mask mandate for airplanes and other public transport “remains necessary for the public health.” It said it had asked the Justice Department to appeal the Florida judge’s ruling that struck down the federal mask requirement on planes, trains, buses and other modes of transportation. The debate over the mandates comes as a nationwide poll found that 56 percent of Americans still support masking on public transit, with only 24 percent opposed. Times reporters took a closer look at how Americans are responding to the confusion over guidelines. And Covid cases are up again in some areas: New York’s governor, Kathy Hochul, warned today of another spike driven by two new versions of the Omicron variant. In other Covid news, there are concerns about the alarming rise in chronic student absenteeism in the U.S., spurred by the pandemic. French President Emmanuel Macron and his opponent, Marine Le Pen, faced off tonight.Pool photo by Ludovic Marin3. President Emmanuel Macron and Marine Le Pen, the far-right leader, debated ahead of Sunday’s French presidential election. But what they said could matter less than how some voters feel about Macron: They hate him. A veteran political journalist called the level of loathing “unprecedented.” It stems, he thinks, from perceptions of Macron as an elitist. Le Pen herself takes every opportunity to remind voters of that as she campaigns. She referred at one rally to “words of a power without empathy.” The televised debate was crucial for Le Pen’s long quest to build her credibility and continue softening her image. Macron was under pressure to defend a five-year record tested by a series of social and economic crises. Though polls show that Macron holds the lead, it’s possible many French voters may simply stay home. The ranch in Sante Fe, N.M, where “Rust” was being filmed. Jae C. Hong/Associated Press4. New Mexico regulators faulted the producers of the movie “Rust” for the death of a cinematographer, Halyna Hutchins, who was shot during a scene in which the actor Alec Baldwin had to draw a gun. Hutchins was shot and killed on Oct. 21 when the gun, which was not supposed to be loaded with live ammunition, went off as Baldwin pointed it at the camera. Baldwin and other producers have been named in lawsuits seeking damages.New Mexico’s Occupational Health and Safety Bureau said that the film’s producers “knew that firearm safety procedures were not being followed on set and demonstrated plain indifference to employee safety.” The agency issued a $136,793 penalty, the maximum allowed..William Husel at his murder trial in Columbus, Ohio. Pool photo by Barbara Perenic5. A doctor in Ohio was acquitted of murdering his patients, who overdosed on fentanyl, the powerful opioid. The verdict, on 14 counts, brought an end to one of the state’s largest murder cases, which set off a debate about end-of-life medical care. The doctor, William Husel, was charged in 2019 after two hospital pharmacists raised concerns that he had been prescribing unusually high doses of fentanyl to gravely ill patients. Husel called it “comfort medication” to treat patients in severe pain. Prosecutors said he was abusing sick patients. Russia’s Daniil Medvedev during the 2021 Wimbledon tournament.Adrian Dennis/Agence France-Presse — Getty Images6. Wimbledon will bar Russian and Belarusian players from competing at this year’s tournament in London. What to Know About France’s Presidential ElectionCard 1 of 4Heading to a runoff. More

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      Brian Benjamin’s Bribery Defense: He Got ‘No Personal Benefits’

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      The case against Brian Benjamin, who resigned as New York’s second-in-command last week, may hinge on whether political contributions in this case constituted a bribe.A federal prosecutor said on Monday that the government had issued more than 160 subpoenas for financial, phone and other records as part of its investigation into New York’s former lieutenant governor, Brian A. Benjamin, who resigned last week after being charged with bribery and fraud.At a hearing in Federal District Court in Manhattan, the prosecutor, Jarrod L. Schaeffer, suggested a trove of potential evidence of broad scope and complexity.On Monday morning alone, Mr. Schaeffer said, the government turned over about 160,000 pages of materials to Mr. Benjamin’s lawyers. The government had also executed about seven search warrants for email accounts and seized and searched cellphones, including one belonging to Mr. Benjamin, he said.The hearing was the first court appearance for Mr. Benjamin, 45, since his arrest a week ago in what the authorities have depicted as a brazen scheme to funnel illegal contributions to his previous political campaigns and to cover up the criminal activity.The arrest and Mr. Benjamin’s quick resignation sent tremors through Albany and created a political headache for Gov. Kathy Hochul, a fellow Democrat who handpicked him to be her second-in-command less than a year ago. Though no trial date was set on Monday, it now appears Mr. Benjamin’s legal saga could easily stretch beyond June’s Democratic primary and this fall’s general election.In a statement before Monday’s proceeding, lawyers for Mr. Benjamin said they were “shocked and dismayed that the prosecution would bring such flimsy and unwarranted charges against a sitting lieutenant governor, a mere 67 days before voting begins in the primary election.”Nicholas Biase, a spokesman for the U.S. attorney’s office, declined to comment.In the courtroom, Mr. Benjamin’s lawyer, Barry H. Berke, signaled that he would argue that the government had overreached in a case that offers “lively legal issues.”Most recent political corruption cases, Mr. Berke told the judge, involved a government official receiving personal benefits like watches, cash and no-show jobs in exchange for an official action.“This case is different, because it’s based solely on political contributions — and no personal benefits,” Mr. Berke said.Mr. Benjamin, who has pleaded not guilty, has reshuffled his legal team since his arrest, bringing in Mr. Berke and Dani R. James of Kramer Levin as his new lawyers. Mr. Berke represented Bill de Blasio in several inquiries into the former mayor’s fund-raising practices and later served as a lead counsel for both impeachments of former President Donald J. Trump.Prosecutors have said that Mr. Benjamin used his power, while he was a member of the State Senate, to direct $50,000 in state funds to a charity run by a Harlem real estate developer, Gerald Migdol. In return, Mr. Migdol orchestrated thousands of dollars in illegal campaign contributions to Mr. Benjamin’s failed campaign in 2021 for New York City comptroller and his State Senate campaign, the authorities said.What to Know About Lt. Gov. Brian BenjaminCard 1 of 3Who is Brian Benjamin? More

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      Hochul Picked a Running Mate. Now She Has to Pick Another One.

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      Lt. Gov. Brian Benjamin’s resignation in the face of a criminal indictment creates a major political test for Gov. Kathy Hochul.One of the first decisions Gov. Kathy Hochul had to make when she suddenly ascended to New York’s highest office last summer was a personnel one: Who would fill her previous role as lieutenant governor, becoming her second-in-command and running mate in the 2022 election?The search was relatively swift, with Ms. Hochul, a white Democrat from Buffalo, homing in on elected officials of color from downstate.She picked Brian Benjamin, a Black state senator from Harlem who was expected to help Ms. Hochul broaden her appeal in New York City, announcing her choice at a campaign-style rally in Upper Manhattan in August.The move came despite a string of ethics questions that had followed Mr. Benjamin and that centered on some dubious campaign finance practices during his time as senator and his unsuccessful run for city comptroller last year.On Tuesday, almost eight months later, that early decision turned into one of Ms. Hochul’s most potentially consequential political liabilities with her announcement that she had accepted Mr. Benjamin’s resignation after his arrest on federal corruption charges.“While the legal process plays out, it is clear to both of us that he cannot continue to serve as Lieutenant Governor,” Ms. Hochul said in a statement hours after Mr. Benjamin’s arrest. “New Yorkers deserve absolute confidence in their government, and I will continue working every day to deliver for them.” The criminal case against Mr. Benjamin could undermine the governor’s efforts to seek her first full term this year, and may be a campaign distraction as the Democratic primary in June nears. Ms. Hochul has led the field comfortably in early public polls, but Mr. Benjamin’s arrest and resignation could throw the race for both her office and his into flux, with Democratic and Republican rivals already sharpening their attacks.Ms. Hochul must now decide who will fill the lieutenant governor vacancy. It was unclear on Tuesday whether she would also seek to remove Mr. Benjamin from the Democratic ballot, an extremely complicated task because of the timing of his resignation and New York’s archaic election laws.But in a statement shortly after Mr. Benjamin’s resignation, Jay Jacobs, the state Democratic Party chairman, said he would “explore every option available to seek a replacement for Brian on the ticket.”The investigation into Mr. Benjamin’s activities had begun to dog Ms. Hochul weeks ago, just as she was negotiating the state budget, where she secured many of her favored policies related to public safety with his help.The governor had indicated just last week that Mr. Benjamin had her unwavering support, even as it became public that he had not told her while being vetted for the lieutenant governor post that his comptroller campaign had received subpoenas.“I have utmost confidence in my lieutenant governor,” Ms. Hochul said at an April 7 news conference at the State Capitol where Mr. Benjamin sat by her side as she announced the budget deal. “This is an independent investigation related to other people and he is fully cooperating. He is my running mate.”On Tuesday, Mr. Benjamin pleaded not guilty to five counts of bribery and fraud in Federal District Court in Manhattan.Most immediately, Mr. Benjamin’s arrest and resignation could upend the race for lieutenant governor. Under state law, neither arrest nor conviction prompt the removal of a candidate from a New York State ballot. Mr. Benjamin’s lawyers said on Tuesday that he had suspended his campaign, but it is too late for Mr. Benjamin to be easily removed from the ballot; the only way it could happen is if he were to leave the state, die or be nominated for a different office.Mr. Benjamin could be nominated for another office, but since petitioning deadlines have now passed for most positions, another elected official would most likely need to resign to create a vacancy for him. It is unclear whether Mr. Benjamin could sidestep that by running as an independent candidate.The primary contests for governor and lieutenant governor are conducted separately, raising the possibility that Mr. Benjamin could remain on the ballot and lose even if Ms. Hochul wins. That could force Ms. Hochul to run in the November general election with a Democratic running mate she had not chosen.Running against Mr. Benjamin are Ana Maria Archila, a progressive activist who has aligned herself with Jumaane Williams, the New York City public advocate, who is challenging Ms. Hochul from the left. Ms. Archila’s campaign sent an email to supporters on Tuesday asking for donations after news of Mr. Benjamin’s arrest broke, saying that “we need cleareyed, transparent and accountable leadership.”“I find it remarkable that the vetting process wasn’t more vigorous,” Ms. Archila said in an interview earlier on Tuesday, questioning Mr. Benjamin’s ability to fulfill his duties but stopping short of calling for his resignation. “It says that she wasn’t careful or thoughtful in prioritizing the public’s trust in the way she said she would.”Representative Thomas R. Suozzi, a moderate Democrat from Long Island who is running against Ms. Hochul in the primary, issued his own statement earlier in the day, along with Diana Reyna, his informal running mate for lieutenant governor, saying that Mr. Benjamin’s arrest was “an indictment on Kathy Hochul’s lack of experience and poor judgment.”Representative Lee Zeldin, a Long Island Republican and the party’s nominee for governor, criticized Ms. Hochul on Tuesday for her “terrible judgment” in choosing Mr. Benjamin, who he described as “a bad pick.”“When this corruption surfaced, Hochul tripled down,” Mr. Zeldin wrote on Twitter. “She owns this … all of it! Terrible judgment!”Mr. Benjamin’s arrest appeared to blindside Ms. Hochul, disrupting her schedule just as she was increasing her time on the campaign trail this week. The arrest coincided with a mass shooting at a Brooklyn subway station, and Ms. Hochul had to call off a union fund-raiser in Manhattan and a news conference on Long Island.Early in the day, as Ms. Hochul weighed Mr. Benjamin’s future, the Republican leaders in the State Legislature, as well as some Democratic state lawmakers, had called on her to demand his resignation.“Kathy Hochul and Senate Democrats might tolerate this corruption, but New Yorkers don’t and neither do I,” said Rob Ortt, the Republican leader in the State Senate.What to Know About Lt. Gov. Brian BenjaminCard 1 of 3Who is Brian Benjamin? More