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      North Carolina voting rights ‘still in five-alarm fire’ despite supreme court ruling

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      The US supreme court ruled in favor of North Carolina voting rights groups last week, which celebrated with one breath and with the next condemned the new election laws and political maps being pushed by the state’s Republican-controlled legislature.“We are still in a five-alarm fire here in North Carolina,” said Gino Nuzzolillo, campaign manager for the state’s Common Cause branch, which was one of the plaintiffs that won in the case the supreme court ruled on.North Carolina Republicans, including Tim Moore, the speaker of the state’s house of representatives whose name is on the case, Moore v Harper, had asked the supreme court to take up a highly controversial legal theory that would have given him and legislators around the country immense power over setting state-level federal election laws.Even though the high court rejected that theory in a 6-3 vote, preventing a nationwide shift in checks and balances over writing election laws, North Carolina’s Republican legislators can already act largely unchecked by the other branches of state government. They have a veto-proof supermajority in the state legislature and the now Republican-controlled state supreme court signaled it would not act as a check on legislative power, including by taking the rare step to reverse two recent decisions by the previously Democrat-controlled court to re-allow partisan gerrymandering and require voter ID.Moore v Harper originated in state court as a partisan gerrymandering case, and as part of that litigation state courts put temporary maps in place for the 2022 elections. In a statement about the supreme court decision, Moore confirmed that the legislature will draw new maps.“We will continue to move forward with the redistricting process later this year,” Moore said.North Carolina is the only state where the governor cannot veto election maps drawn by the legislature, meaning that not even split-party leadership of the executive and legislative branches is a check on gerrymandering.For voting rights groups in North Carolina, this political reality makes the supreme court’s other voting rights decision this term that much more important. In Allen v Milligan, a case out of Alabama, the court rejected arguments from Republicans to do away with another part of the 1965 Voting Rights Act. This leaves an open lane to sue in federal court to overturn maps that dilute the voting power of racial minorities.Even with the victories in these two cases, federal judicial protections for voting rights are still the weakest they’ve been since at least 2013, when the supreme court crippled the Voting Rights Act. Still, voting rights groups are celebrating these two rulings because they preserve what legal tools are left at the federal level to protect the significant gains in voting access and fair representation since the civil rights era.What’s nextMoore and his Republican colleagues are working on three election bills, which they have enough votes to pass and overturn a likely veto from the Democratic governor, Roy Cooper, as long as no Republicans defect.S747 is an omnibus election bill that would make wide-ranging changes to voter access, including requiring all same-day registration voters to cast provisional ballots and changing the deadline for mail ballots.S749 would change the structure and powers of state and county boards of elections, making them deadlocked between parties, rather than having a majority vote favoring the party in control of the governor’s mansion, as it is now.H772 would change rules around poll observers, including the possible criminalization of elections officials who are found to interfere with observers.In the fall, the legislature will turn its attention to redistricting maps for seats in the US House of Representatives. North Carolina is a purple state, currently controlled by a Democratic governor but with a Republican supermajority in the legislature. Under the current map, North Carolina sent seven Democrats and seven Republicans to Congress.The redrawn map this fall will probably look similar to the map Republicans first proposed in 2021, which would likely have given Republicans a 10-4 advantage, according to Western Carolina University political science professor Chris Cooper. He testified as an expert witness for Common Cause in state court that the congressional map, as well as the state map’s counterparts, were partisan gerrymanders.He anticipates that Democratic representatives Jeff Jackson, Kathy Manning and Wiley Nickel will have their districts redrawn to favor Republican candidates.Leaders from Common Cause and the North Carolina League of Conservation Voters, both groups that sued the state and won in the Moore v Harper case, said they oppose all three bills and will oppose redistricting that dilutes the votes of political or minority groups.Public polling by the Associated Press showed that a majority of people in both parties see gerrymandering as a major problem, and research shows it is a key driver of political polarization and protecting politically extreme candidates.Neither Moore nor Ralph Hise, chair of the state senate’s redistricting and elections committee, responded to emailed questions about how the public can participate in legislative action around the election bills or redistricting, about whether the legislature will consider racial data for redistricting or about limiting partisan bias in drawing maps.skip past newsletter promotionafter newsletter promotionIn 2021, North Carolina Republicans wrote rules that they could not consider racial data when drawing political maps. At the time, the Southern Coalition for Social Justice (SCSJ), whose attorneys represented Common Cause in the Moore litigation, argued they should have used racial data for fair representation.In light of the Allen v Milligan ruling, the coalition’s senior voting rights lawyer, Hilary Harris Klein, said the legislature will have to consider racial data this time or be in violation of federal law.Using racial data, or not, will be a key point in the development of possible federal litigation to challenge discriminatory maps. Klein stressed that the SCSJ will advocate for equitable maps during the drawing process because the organization does not want to resort to litigation.Weakness of democratic institutionsNorth Carolina Republicans have a long history of passing racially and politically discriminatory voting maps and election laws, according to several federal and state court judgments since 2013.Since 2016, voting rights groups have been able to turn back some of those laws with a Democratic-majority state supreme court. But as of 2022, Republicans control the court, and will at least until 2028.“The state courts are probably a closed avenue to any further vindication of voter’s rights under the state constitution,” Nuzzolillo said.Relying on federal courts has been made increasingly difficult by the US supreme court under its chief justice, John Roberts.“The court in the last 10 years has done extraordinary damage to democratic institutions,” said Carolyn Shapiro, professor at the Chicago-Kent College of Law. She wrote a brief to the supreme court in the Moore v Harper case supporting the voting rights groups.She points to the 2013 Shelby county decision, in which Roberts wrote the opinion to strike down the preclearance section of the Voting Rights Act and allowed states to immediately pass laws aimed at voter suppression. In the Abbott v Perez and Rucho v Common Cause cases from 2018, the court made it harder to win racial gerrymandering cases and impossible to bring political gerrymandering cases in federal courts. Then, in 2021, in Brnovich v DNC, the court made it harder to bring vote denial claims, which are the claims voting rights groups could try to bring against the election laws that North Carolina’s legislature is currently considering.The reason voting rights groups saw this year’s rulings as huge victories was because expectations were so low, Shapiro said.That Moore v Harper and Allen v Milligan were even taken up is an aberration from the historically typical strategy of the supreme court, showing how far the court and political thinking has shifted, according to Rick Su, a law professor at the University of North Carolina.The rulings mainly kept precedent in place rather than adding any rights or protections, Su said. That responsibility would fall to Congress.“We held the line,” Klein said. “In this climate, that is a huge win.” More

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      In North Carolina, a Voting Rights Clash Ahead of 2024

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      Republicans, whose edge in the state has narrowed in recent years, have gone on offense politically, leading to clashes over voting access and control over elections.A closely watched political fight is developing in North Carolina over voting rights and control of elections, as Democrats aim to recapture a presidential battleground and Republicans look to win back the governor’s office.Much as Georgia, Florida and Texas drew an outpouring of national attention and political cash as Republicans moved to restrict voting in the heated months after the 2020 election, North Carolina is poised for headline-grabbing confrontations over nearly every lever of the electoral apparatus.In the Republican-led legislature, the State House is considering two bills passed by the Senate that would sharply alter how elections are run, adding voting restrictions and effectively neutering the state elections board, which is now controlled by Gov. Roy Cooper, a Democrat. And in a looming redistricting clash, the newly conservative State Supreme Court has ordered lawmakers to redraw the state’s congressional and state legislative maps, which will most likely be far friendlier to Republicans.In North Carolina, every little edge could matter: The state, despite a long string of Republican presidential victories interrupted by Barack Obama’s 2008 triumph, has grown increasingly close. Donald J. Trump squeezed by in 2020 by just over a percentage point, and President Biden’s allies have signaled that they plan to invest in the state in 2024, seeing it as potentially winnable. Mr. Trump, Gov. Ron DeSantis of Florida and other Republican candidates have already held events in North Carolina as they contend for their party’s nomination.“North Carolina is one of the states that have both of the factors that exacerbate this,” said Wendy Weiser, the vice president for democracy at the Brennan Center for Justice, referring to Republican attempts to wield more power over voting and elections. “It is a battleground state and a state that has a history of discrimination in voting.”She added, “It is definitely one of the most critical states to be worried about.”Seismic shifts in North Carolina politics cleared the runway for Republicans to go on offense. They now have veto-proof legislative majorities after a Democratic representative defected to the G.O.P. in April, limiting what Mr. Cooper can halt. And conservatives captured the State Supreme Court in last year’s elections, upending it from a 4-to-3 liberal lean to a 5-to-2 conservative advantage.Republicans gained veto-proof majorities in the North Carolina General Assembly this spring, and last year they won control of the State Supreme Court. Travis Dove for The New York TimesBehind the scenes, a network of right-wing activists and election deniers led by Cleta Mitchell, a lawyer who played a key role in efforts by Mr. Trump and his allies to overturn the 2020 election, has been meeting with North Carolina lawmakers, pushing its priorities and helping shape certain provisions.Across the country, Republicans continue to try to tighten voting laws, arguing that they are needed to protect “election integrity” and pointing to voters’ Trump-fueled worries about election fraud.So far this year, at least 11 states have passed 13 laws adding such restrictions, according to the Brennan Center. That is a slightly slower clip than in 2021, when Republican-led legislatures passed a flurry of voting laws, often in response to election lies spread by Mr. Trump and his supporters.North Carolina has a particularly tortured past on voting rights. Under the Voting Rights Act, parts of the state were forced to obtain federal clearance to change voting laws because of their history of racially discriminatory election rules. More recently, in 2016, a federal court struck down a Republican-led voter identification law, saying it had targeted “African Americans with almost surgical precision.”Republicans have defended the latest measures. State Senator Warren Daniel, one of the primary sponsors of the bill to change voting laws, said on the chamber floor that the measure “increases confidence and transparency in our elections.” He added that certain changes, including a provision requiring that all absentee ballots be received by the time polls close on Election Day, would bring North Carolina in line with many other states.Democrats, however, have denounced the voting proposals, with one state senator, Natasha Marcus, going so far as to call them a “jumbo jet of voter suppression.” During final debate on the bill, she said it “includes a lot of problematic things that are going to dissuade people from voting, throw out ballots, and suppress the votes of certain people in a way that I think is discriminatory and anti-democratic.”A key provision would effectively eliminate same-day voter registration and replace it with a system in which voters would cast provisional ballots, then be required to follow up and verify their identities. Only some forms of identification would be acceptable: Data from the State Board of Elections found that in the four general elections since 2016, over 36 percent of voters who used same-day registration had provided IDs that the new law would not allow.Gov. Roy Cooper at an abortion-rights rally in downtown Raleigh, N.C., in May. Republicans will seek to reclaim the governor’s office next year.Kate Medley for The New York TimesIn 2016, when Republican state lawmakers tried to eliminate same-day registration, a Federal District Court found that it was “indisputable that African American voters disproportionately used” that method of voting. Black voters, the court found, made up 35 percent of same-day registrants in the 2012 election, while representing only 22 percent of the electorate.The new legislation also makes mail voting more complicated, adding a requirement that voters’ signatures be verified and a “two-factor” authentication process that would be unique to North Carolina and has left voting experts confused as to how it would work. As in other states, far more Democrats in North Carolina now vote by mail, with Mr. Trump and his allies instilling a widespread Republican distrust of the practice. In the 2022 midterm elections, more than 157,000 people in the state voted by mail. Forty-five percent were Democrats, and 35 percent were independents.As Republican lawmakers wrote the legislation, they received outside help.Three G.O.P. lawmakers, including Mr. Daniel, met in May with Ms. Mitchell, the Trump-allied lawyer, and Jim Womack, a leader of the North Carolina Election Integrity Teams. That organization is part of a national network of right-wing election activists coordinated in part by Ms. Mitchell, who declined to comment.The two activists pressed the lawmakers on their laundry list of changes to election laws, including measures on same-day registration, absentee ballots and maintenance of voter lists, according to a video in which Mr. Womack summarized the meeting. The video was obtained by Documented, a liberal investigative group, and shared with The New York Times.“Same-day registration, we’re all in agreement, violent agreement, that same-day registration will now be a provisional ballot,” Mr. Womack said in the video of the meeting. “So if you’re going to same-day register, it’s going to give you at least a little bit of time, maybe 7 to 10 days, to have a chance at researching and challenging that voter under the law as opposed to where it is now, where it’s less than 24 hours’ opportunity to do that.”Mr. Daniel declined to answer questions about the role Ms. Mitchell and Mr. Womack played in drafting the bills.Republicans have defended their proposed voting measures, saying that they will increase confidence in elections.Kate Medley for The New York TimesA 2017 law aiming to restructure the state election board was struck down by the State Supreme Court. Now that the court is more conservative, Republicans have resurrected the effort.Currently, Mr. Cooper appoints all five members of the board, but only three can be Democrats. Under the Republican proposal, the board would have eight members, all appointed by state lawmakers — four by Democratic leaders and four by Republican ones.State Senator Paul Newton, the bill’s Republican sponsor, introduced it as a measure “intended to take partisan advantage out of elections administration entirely.”The bill would all but certainly cause deadlock on many major election issues — a prospect that has alarmed election officials and democracy experts.The current election board, after reports of harassment of election officials in 2022, stepped in with rules limiting access for poll watchers, a move that angered conservatives.And there is one big unknown: What would happen if the new election board deadlocked over the certification of an election?That possibility is unaddressed in the bill. Phil Berger, the Republican leader of the State Senate, told The News and Observer that any such deadlock would probably send the matter to the courts, where decisions could depend on the partisan lean of the judge or court in question.“That’s a tell right there,” said Robyn Sanders, a counsel at the Brennan Center. “It seems pretty clear to me that it was deliberately designed so that there would be those kinds of situations.” More

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      The supreme court denied a wild election theory. But don’t relax yet | David Daley

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      Such is the dismal state of the US supreme court that it is genuinely surprising any time the court’s conservative supermajority turns down an opportunity to further distort American democracy to the benefit of their partisan benefactors and enhance the prospects of enduring one-party minority rule.Moore v Harper – the case from North Carolina involving the so-called “independent state legislature” (ISL) theory, the ludicrous notion that state legislatures have a free hand when it comes to election law and redistricting, unfettered by pesky state constitutions, state supreme courts or even gubernatorial vetos – was satisfyingly swatted away on Tuesday by a 6-3 majority.This theory, spawned from a footnote in the then Chief Justice William Rehnquist’s concurrence in Bush v Gore, and nurtured for two decades in the hothouse of conservative legal academia, lacks any grounding in American history, represents a terrifying threat to elections as we know them, and should never have made it this far in the courts.The decision, written by Chief Justice John Roberts, makes it clear that the constitution’s elections clause does not carve out an exception to the fundamental principle of judicial review. “When state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review,” Roberts wrote, in a decision joined by the court’s three liberals and justices Brett Kavanaugh and Amy Coney Barrett.It’s good news and a welcome sigh of relief. Taken to its extreme – as seems to be the practice in so many conservative state legislatures these days – the ISL theory could have handed state legislatures, many already deeply gerrymandered and beyond the control of state voters, dangerous unchecked powers with regard to election certification and presidential electors. And it could have removed state courts, constitutions, governors and potentially even independent redistricting commissions and ballot initiatives as any meaningful check on runaway legislatures.But while the headlines proclaim victory for American democracy, and supreme court reporters hoist the chief justice back on their shoulders as a great centrist hope, it’s far too soon to celebrate. Buried within the details of this decision, as well as a short concurrence by Kavanaugh, are the seeds of future cases to come. This decision is hardly the silver bullet antidote to take down this dangerous zombie notion once and for all.The court’s decision makes clear that the elections clause does not liberate state legislatures from state constitutions and state law, but also that federal courts must not abandon their duty to exercise judicial review. “This Court has an obligation to ensure that state court interpretations of state law do not evade federal law,” Roberts writes.Furthermore, state courts, according to the decision, must “not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections”.What does that mean? The court does not tell us. As the NYU law professor Rick Pildes points out, the decision does not adopt any standard at all, set any boundaries whatsoever, or even rule on whether the North Carolina state court exceeded its role. We head into the 2024 presidential election without any sense of what the federal courts believe to be an appropriate and non-transgressive role for state courts to play.That means that one of the most important lines from the decision might be this one from Kavanaugh’s short concurrence: “In other words, the Court has recognized and articulated a general principle for federal court review of state court decisions in federal election cases. In the future, the Court should and presumably will distill that general principle into a more specific standard such as the one advanced by Chief Justice Rehnquist.”The court’s decision invites future cases. (Kavanaugh issued a similar invitation for future cases in a short concurrence in the Alabama redistricting case this month that affirmed what remains of section two of the Voting Rights Act.) They may arrive in the days after the 2024 presidential election. And they could prove crucial in deeply gerrymandered Georgia, Wisconsin and Arizona, three extraordinarily close states that provided President Biden’s electoral college victory in 2020 with the slenderest of margins, and where election deniers, some in the state legislature, made mischief with the results.A court that has already proven, time and again, its willingness to put the thumb on the scale for its own side in cases at the heart of American democracy may decide those future cases on a case-by-case basis, with no clear standard at all, based on how the individual justices feel about that state supreme court’s interpretation, and perhaps the consequence of that ruling. It’s an uncomfortable position to begin a presidential election, given the fact that, in many states, election deniers are in a stronger place today than they were on 6 January 2021.There are so few moments to breathe easier these days. Today’s surprising reasonableness from the court offers a respite. It may only be a brief one.
      David Daley is the author of Ratf**ked: Why Your Vote Doesn’t Count and Unrigged: How Americans Are Battling Back to Save Democracy. He is a senior fellow at FairVote More

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      The Supreme Court Just Helped Save American Democracy From Trumpism

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      To understand both the Trump-led Republican effort to overturn the 2020 election and the lingering Republican bitterness surrounding that contest, it’s important to remember that the G.O.P.’s attack on American democracy had two aspects: a conspiracy theory and a coup theory. On Tuesday, the Supreme Court dealt a blow to both. In a case called Moore v. Harper, the court rejected the “independent state legislature” doctrine, reaffirmed the soundness of the 2020 election and secured the integrity of elections to come.First, a bit of background. The effort to steal the 2020 election depended on two key arguments. The first, the conspiracy theory, was that the election was fundamentally flawed; the second, the coup theory, was that the Constitution provided a remedy that would enable Donald Trump to remain in office.The disparate elements of the conspiracy theory varied from truly wild claims about voting machines being manipulated and Italian satellites somehow altering the outcome to more respectable arguments that pandemic-induced changes in voting procedures were both unconstitutional and disproportionately benefited Democrats. For example, in one of the most important cases filed during the 2020 election season, the Pennsylvania Republican Party argued that changes in voting procedures mandated by the State Supreme Court violated the Constitution by overriding the will of the Pennsylvania legislature.The Pennsylvania G.O.P. argued for a version of the independent state legislature doctrine, a theory that the Constitution grants state legislatures — and state legislatures alone — broad, independent powers to regulate elections for president and for Congress. The basis for this argument is found in both Article I and Article II of the Constitution. The relevant provision of Article I states, “The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof.” And Article II’s electors clause says, “Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress.”The question was whether those two clauses essentially insulated the state legislatures from accountability to other state branches of government, including from judicial review by state courts.The Supreme Court refused to hear the Pennsylvania G.O.P.’s petition, with Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissenting. But the issue was bound to come back to the court, and in Moore v. Harper it did.The case turned on a complicated North Carolina redistricting dispute. After the 2020 census, the Republican-dominated state legislature drew up a new district map. The Democratic-controlled North Carolina Supreme Court rejected the map as an unlawful partisan gerrymander under state law, and the legislature appealed to the U.S. Supreme Court, arguing that the State Supreme Court had no authority to override the legislature. The Supreme Court accepted the review.After SCOTUS took the case, last November’s midterm elections handed control of the North Carolina Supreme Court to Republicans, and the new, Republican-dominated court reversed itself. It held that partisan gerrymanders weren’t “justiciable” under state law, but it did not reinstate the legislature’s original map. This new North Carolina decision raised the question of whether the court would decide Harper on the merits or if it would dismiss the appeal as moot, given that it was based on a state ruling that had already been overturned.In a 6-to-3 vote, the Supreme Court not only declined to dismiss the case; it also flatly rejected the independent state legislature doctrine. Chief Justice John Roberts — writing for a majority that included Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett and Ketanji Brown Jackson — was unequivocal. “The elections clause,” Chief Justice Roberts declared, “does not insulate state legislatures from the ordinary exercise of state judicial review.”Or, to put it another way, the relevant provisions of the federal Constitution did not grant state legislatures independent powers that exempt them from the normal operations of state constitutional law. Chief Justice Roberts cited previous Supreme Court authority rejecting the idea that the federal Constitution endows “the legislature of the state with power to enact laws in any manner other than that in which the Constitution of the state has provided that laws shall be enacted.”The implications are profound. In regard to 2020, the Supreme Court’s decision strips away the foundation of G.O.P. arguments that the election was legally problematic because of state court interventions. Such interventions did not inherently violate the federal Constitution, and the state legislatures did not have extraordinary constitutional autonomy to independently set election rules.In regard to 2024 and beyond, the Supreme Court’s decision eliminates the ability of a rogue legislature to set new electoral rules immune from judicial review. State legislatures will still be accountable for following both federal and state constitutional law. In other words, the conventional checks and balances of American law will still apply.Trump’s coup attempt was a national trauma, but if there’s a silver lining to be found in that dark cloud, it’s that the political and judicial branches of American government have responded to the crisis. Late last year, Congress passed significant reforms to the Electoral Count Act that were designed to clarify the ambiguities in the original act and to reaffirm Congress’s and the vice president’s limited roles in counting state electoral votes.And on Tuesday, a supermajority of the Supreme Court, including both Democratic and Republican appointees, reaffirmed the American constitutional order. State legislatures are not an electoral law unto themselves, and while Moore v. Harper does not guarantee that elections will be flawless, it does protect the vital role of courts in the American system. The 2020 election was sound. The 2024 election is now safer. The Supreme Court has done its part to defend American democracy from the MAGA movement’s constitutional corruption.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Republicans censure senator for backing LGBTQ+ rights and gun control

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      The Republican US senator Thom Tillis has been reprimanded by party officials in his home state of North Carolina after his support of gun control and same-sex marriage.More than 1,000 delegates at the North Carolina Republican party’s annual convention voted behind closed doors on Saturday to censure Tillis, a move that does not affect his elected position but signals strong dissatisfaction with him.“We need people who are unwavering in their support for conservative ideals,” the Republican delegate Jim Forster told the Associated Press about censuring Tillis, who has been willing to break with party stances on LGBTQ+ rights, gun control and immigration policy. “His recent actions don’t reflect the party’s shift to the right – in fact, they’re moving in the exact wrong direction.”Tillis, who has held his Senate seat since 2015, does not apologize for his voting record, according to a statement from a spokesperson for his office.The censure against Tillis comes after Republicans in Texas and Wyoming approved similar measures against federal lawmakers who opposed the preferences of party officials in those states.Texas Republicans in March censured party member Tony Gonzales after the congressman voted in favor of gun control and same-sex marriage, which Americans mostly support.Meanwhile, in 2021, Wyoming Republicans censured congresswoman Liz Cheney for voting to impeach Trump before losing her re-election campaign during a primary last year.Tillis was among just 15 Republicans in the Senate who supported the gun control bill that Joe Biden signed into law last year. The legislation expanded background checks for the youngest gun buyers while funding mental health and violence intervention programs, though – according to the non-partisan Gun Violence Archive – it has not prevented the US from recording nearly 300 shootings with four or more victims so far this year.He also voted in favor of legislation which enshrined protections for same-sex and interracial couples. His support for the Respect for Marriage Act came about a decade after he played a pivotal role in the same-sex marriage ban that North Carolina passed in 2012, when he was the speaker of the state’s house of representatives.Tillis also often spoke out against the generally restrictive immigration policies which Donald Trump pursued during his presidency.His voting record on those issues gained him the reputation as one of Capitol Hill’s bipartisan dealmakers. And not every North Carolina Republican agreed with Saturday’s censure.One state senator, Bobby Hanig, said such a divisive action ahead of the 2024 presidential election was unwise.“A mob mentality doesn’t do us any good,” Hanig said. “Senator Tillis does a lot for North Carolina … so why would I want to make him mad?”Another state senator, Jim Burgin, added: “I don’t think we need to be attacking our own. You don’t shoot your own elephants.”The Associated Press contributed reporting More

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      ‘I will never be detained’: Trump defiant in first speech since federal indictment

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      Donald Trump delivered his first public address following the announcement of his federal indictment this week in Columbus, Georgia, on Saturday.The former president took the stage at the state Republican convention in Georgia in the afternoon where he lashed out against the Department of Justice, the FBI and the Biden administration, called his recent indictment “a travesty of justice” and repeated unsupported conspiratorial claims that Joe Biden had stashed secret documents in the Chinatown neighborhood of Washington DC.“We got to stand up to the … radical left Democrats, their lawless partisan prosecutors … Every time I fly over a blue state, I get a subpoena,” said Trump at the onset of the meandering speech that attempted to bridge his legal troubles with campaign promises.“I’ve put everything on the line and I will never yield. I will never be detained. I will never stop fighting for you,” he added.He went on to launch a tirade against federal officials, saying, “Now the Marxist left is once again using the same corrupt DoJ [justice department] and the same corrupt FBI, and the attorney general and the local district attorneys to interfere … They’re cheating. They’re crooked. They’re corrupt. These criminals cannot be rewarded. They must be defeated. You have to defeat them.“Because in the end, they’re not coming after me. They’re coming after you and I’m just standing in their way,” he said.Trump accused the Biden administration of weaponizing the justice department, calling the recent indictment “ridiculous and baseless” and “among the most horrific abuses of power in the history of our country”.He went on to add that “the only good thing about [the indictment] is it’s driven my poll numbers way up”.Trump repeated his baseless attacks against his former opponent Hillary Clinton, whom the state department investigated for several years over her use of private email before it found “no persuasive evidence of … deliberate mishandling of classified documents”.He also lashed out at Joe Biden over the classified documents from his time as vice-president and senator which were found in his office in Washington and his Delaware home.“Nothing happened to Crooked Joe with all that … He has so many classified documents … This is a sick nest of people that needs to be cleaned out immediately,” said Trump as the crowd cheered fervently.Trump also brought up his former vice-president and now presidential opponent Mike Pence, who also had marked documents discovered in his Indiana home.“They looked at Mike Pence. He had classified documents, no problem,” said Trump.While Biden and Pence turned over the marked documents as soon as they were discovered and allowed their lawyers to look through their properties, Trump has been accused of deliberately concealing boxes of records from his attorney, the FBI and the grand jury, according to the latest indictment.Trump’s two speeches had been planned before the justice department indicted him on Thursday evening with 37 criminal charges regarding his alleged illegal retention of classified government documents after leaving office in 2021.The sweeping indictment which was unsealed on Friday accuses Trump of mishandling classified documents as well as obstructing justice, making him the first US president to be federally indicted.According to the indictment, Trump stored classified documents in “a ballroom, a bathroom and shower, an office space, his bedroom, and a storage room” at his Mar-a-Lago resort in Florida.It also added that Trump directed Walt Nauta, his valet and aide, to move boxes of records to “conceal them from Trump’s attorney, the FBI, and the grand jury”. Nauta also faces a count of conspiracy to obstruct justice, said the indictment.The documents that Trump allegedly possessed “included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack, and plans for possible retaliation in response to a foreign attack,” said the indictment.Thursday’s indictment comes just two months after a Manhattan grand jury indicted Trump for his alleged role in a hush-money payment scandal involving the adult film star Stormy Daniels.Trump, who has repeatedly maintained his innocence, lashed out against the latest indictment on Thursday night. In a video released on his social media platform Truth Social, the GOP’s most popular presidential candidate said, “It is election interference at the highest level … I’m an innocent man, I’m an innocent person … we’ll fight this out.”He then turned to his supporters for money, writing in an email on Friday morning, “Please make a contribution to peacefully DEFEND our movement from the never-ending witch hunts – and together, even during these darkest of times, we will prove that our movement is truly UNBREAKABLE.”Trump is expected to appear in a federal court in Miami on Tuesday and may face prison if convicted. More

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      Trump to Speak at Georgia and North Carolina Republican Conventions

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      Donald J. Trump will speak on Saturday at the state G.O.P. conventions in Georgia and North Carolina, as his federal indictment dominates the political landscape.In his first two campaign stops since facing federal charges, Donald J. Trump on Saturday will begin publicly prosecuting the case against the prosecutors prosecuting him.Mr. Trump’s two speeches at the Georgia and North Carolina state G.O.P. conventions were planned before he was indicted on Thursday. The appearances on Saturday afternoon and evening will allow the former president to rally support before throngs of activists and elected officials as the most popular Republican in the country and the front-runner for the 2024 presidential nomination.Mr. Trump’s indictment, the details of which were unsealed on Friday by the Justice Department, has dominated the political landscape, forcing many of his rivals into the sometimes uncomfortable position of defending the politician they are trailing in the polls. In the unsealed indictment, federal prosecutors revealed for the first time how Mr. Trump had remained in possession of some of the nation’s most sensitive secrets, showing them off to visitors.“This indictment will be another political Rorschach test in that what you see depends on where you stand,” said David Urban, a former top adviser to Mr. Trump in his 2016 campaign.The papers Mr. Trump kept included plans for retaliating to a foreign attack and details of American nuclear programs, according to the indictment. One image displayed boxes stacked next to a toilet in a Mar-a-Lago bathroom.“Secret,” he bragged in a taped conversation, according to the indictment. “This is secret information. Look, look at this.”Several people close to Mr. Trump and his team privately acknowledged the facts in the case were damaging. But they were uncertain it would have any more impact on Republican voters than a number of other scandals that did little to change public opinion.Mr. Trump’s team is preparing to march forward, claiming he is being victimized.The former president, who was already said to be angry on Thursday night in the first hour after the indictment, was enraged when the charges were unsealed and shared with him on Friday, according to a person who spoke with him. He returned from the golf course in time to watch Jack Smith, the special counsel bringing the charges, speak on television, the person said. The indictment was filled with information from people who work with him, and Mr. Trump had already been skeptical of some aides who might have revealed certain details to the special counsel, the person said. He was especially focused on a photo of documents spilled out over the storage room floor at Mar-a-Lago, according to another person who spoke with him.Kari Lake, the failed Arizona candidate for governor who headlined a Georgia Republican Party dinner on Friday, said that no one in the G.O.P. base trusts the charges.“We see it’s just a bunch of bogus lies,” said Ms. Lake, who clings to the falsehood that her own election was stolen in 2022, in addition to Mr. Trump’s in 2020. “He’s the front-runner and they have to constantly throw things in front of his path to stop him.”Ms. Lake said Republican mistrust of the nation’s institutions runs deep. “We’ve learned that the F.B.I. is corrupt, the C.D.C., the F.D.A., the C.I.A.,” she said. “We’ve just learned a lot over the past few years.”Mr. Trump has attacked Mr. Smith, the special counsel, as “deranged, a “psycho” and a “lunatic.”Even more aggressive Trump pushback is expected in Georgia and North Carolina. The Trump team is hoping for live television coverage, which has been a rarity in his 2024 run, and sees the two appearances as a valuable opportunity for free coverage.While many leading Republicans snapped in line behind Mr. Trump the moment he revealed that he was being indicted on Thursday, party strategists have concerns about how the charges will shape any potential general election matchup with President Biden. The last two midterm elections and Mr. Trump’s own 2020 loss show that his combative approach to politics — and the accumulation of allegations against him, including his indictment in April by a Manhattan grand jury — has turned off independent and swing voters.Michael Caputo, a former senior Trump adviser who is now an executive at Americano Media, a new conservative Hispanic media outlet, said the charges “virtually assure” that Mr. Trump will win the Republican nomination in 2024.But they could have the opposite effect in a general election contest with Mr. Biden, he said, even as he dismissed the charges as part of a Democratic conspiracy.“It will be the new ‘Russia collusion hoax,’” Mr. Caputo said, using a phrase that Republicans have used in deriding the investigation into whether Mr. Trump’s 2016 campaign conspired with Russian officials and whether he obstructed justice. “It doesn’t matter whether it’s true or not. It’s to have him under investigation.”In Bedminster, N.J., Mr. Trump reacted to his indictment with a sense of angry defiance, according to two people who interacted with him. He still made time for the golf outing on Friday, joined by a Republican member of Congress from Miami, where he is slated to appear in court on Tuesday. Cable coverage included helicopter shots of Mr. Trump making his way down the fairway.“It’s not really a different day for President Trump,” one of Mr. Trump’s attorneys, Alina Habba, said on Fox News in the hours after his indictment. “This is something he’s gone through before.”Maggie Haberman More

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      DeSantis Backhandedly Defends Trump After Indictment

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      Visitors from a foreign planet might think Gov. Ron DeSantis of Florida had been delivered a tremendous gift this week when his main presidential rival was charged with mishandling the country’s national security secrets.But as Mr. DeSantis’s latest speech showed, this is a turn of events he will need to beware.In an address to Republicans in North Carolina on Friday night, his first public remarks since the unsealing of federal charges against former President Donald J. Trump, Mr. DeSantis trod carefully and danced quickly past the subject.Previewing how he might criticize the Justice Department’s case without letting Mr. Trump entirely off the hook, he offered a somewhat backhanded defense of the now twice-indicted former president — whose loyal followers Mr. DeSantis is seeking to avoid angering — by drawing on his own experiences as a Navy lawyer.Seeming to muse aloud, Mr. DeSantis asked what the Navy would have done to him had he taken classified documents while in military service. “I would have been court-martialed in a New York minute,” he said, in a riff on Mr. Trump’s hometown.While Mr. DeSantis made his remark in reference to the fact that Hillary Clinton did not face charges over her use of a private email server while she was secretary of state, his comments could just as easily have applied to Mr. Trump. And they suggested that he believed both Mr. Trump and Mrs. Clinton should have faced charges — or neither.“Is there a different standard for a Democrat secretary of state versus a former Republican president?” he asked. “I think there needs to be one standard of justice in this country. Let’s enforce it on everybody and make sure we all know the rules.”(A yearslong inquiry by the State Department found that Mrs. Clinton had not deliberately or systemically mishandled classified information.)The nature of Mr. Trump’s federal indictment, which emerged in full view on Friday, left Mr. DeSantis and several other Republican presidential contenders ever more wobbly on the tightrope they are walking, trying to defend a rival accused of cavalierly and illegally keeping sensitive documents about U.S. nuclear programs and the country’s vulnerabilities to military attack.Many of these candidates now find themselves in the difficult position of rallying around Mr. Trump even as they seek to differentiate themselves from his legacy while he continues to dominate them in the polls.“This is not how justice should be pursued in our country,” Nikki Haley, the former governor of South Carolina and Mr. Trump’s United Nations ambassador, said on Twitter. “The American people are exhausted by the prosecutorial overreach, double standards and vendetta politics.”Such caution struck a sharp contrast with the two Republican candidates most willing to criticize Mr. Trump.Former Gov. Chris Christie of New Jersey called the indictment “devastating,” telling CNN that “the facts that are laid out here are damning.” And in an interview with The New York Times, former Gov. Asa Hutchinson of Arkansas pushed back against claims that Mr. Trump was being treated unfairly and reiterated his belief that he should drop out of the race.“To pejoratively say this is the result of a political prosecution is not in service to our justice system,” Mr. Hutchinson said, adding, “It would be doing a disservice to the country if we did not treat this case seriously.”Jack Smith, the special counsel leading the investigation, urged the public on Friday to understand the “scope and gravity” of the charges.Mr. Trump is expected to appear in Federal District Court in Miami on Tuesday afternoon to face charges including willfully retaining national defense secrets in violation of the Espionage Act, making false statements and conspiracy to obstruct justice. On his Truth Social website, the former president called Mr. Smith “deranged.”Some voters who attended Mr. DeSantis’s speech in Greensboro, N.C., suggested they were growing weary of the controversy surrounding Mr. Trump, even as they expressed a belief that the charges were politically motivated. (Mr. Trump also faces charges in state court in New York for his alleged role in paying hush money to a porn star.)“Even if he gets elected again, they’re never going to leave him alone. So what’s the point?” said Mary Noble, 70, who voted twice for Mr. Trump but has not made up her mind in the 2024 primary. “He’ll never be effective. That’s my fear.”Tom Wassel, who sells air pollution control equipment and also supported Mr. Trump in both previous elections, did not mind that Mr. DeSantis had touched on the indictment only briefly, and not very forcefully.“I want him to talk about what he’s going to run on,” Mr. Wassel, 70, said.Beyond Mr. Christie and Mr. Hutchinson, Republicans running for president were largely supportive of Mr. Trump, with some arguing that the prosecution amounted to an extraordinary and unfair political vendetta and one going so far as to bluntly promise to pardon him.Vivek Ramaswamy, an entrepreneur who has positioned himself to secure the backing of Mr. Trump’s supporters if the former president’s legal problems derail his political comeback, said, “I commit to pardon Trump promptly on Jan. 20, 2025.”In a radio interview on Friday before the indictment was unsealed, former Vice President Mike Pence seemed to contrast Mr. Trump’s conduct with his own diligent return of classified documents to the National Archives. But he added that he was “deeply troubled to see this indictment move forward” and took a swipe at what he called “years of politicization” of the Justice Department.Meanwhile, Senator Mitt Romney of Utah, the Republican nominee for president in 2012 and a leading critic of Mr. Trump, was one of the few G.O.P. officeholders to condemn him, saying the former president had “brought these charges upon himself by not only taking classified documents, but by refusing to simply return them when given numerous opportunities to do so.”Jonathan Weisman More