More stories

  • in

    Jan. 6 Committee Subpoenas Pat Cipollone, Trump’s White House Counsel

    Mr. Cipollone, who repeatedly fought extreme plans to overturn the election, had resisted publicly testifying to the panel.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol issued a subpoena Wednesday for the testimony of Pat A. Cipollone, the White House counsel to President Donald J. Trump who repeatedly fought back against extreme plans to overturn the 2020 election, after he resisted testifying publicly.In a statement accompanying the subpoena, the leaders of the committee said they were seeking Mr. Cipollone’s deposition testimony because investigators needed to “hear from him on the record, as other former White House counsels have done in other congressional investigations.”The committee said it was seeking information about Mr. Trump’s efforts to overturn the 2020 election and his involvement in plans to submit false slates of electors to Congress and interfere with the Justice Department.The subpoena of a White House counsel, a rare step for a congressional committee, sent a clear signal of the aggressive tactics the panel is willing to use to try to force cooperation of even the White House’s former top lawyer, who most likely could invoke attorney-client privilege in response to many questions. But the testimony of Mr. Cipollone — who participated in key conversations on Jan. 6 and throughout Mr. Trump’s efforts to overturn the election, and is known to have doubted the legality of many of those plans — could prove consequential.The committee has at times used the leverage a subpoena creates to force witnesses to negotiate a deal for their cooperation. Discussions about the scope of a possible appearance are expected to begin soon.“Any concerns Mr. Cipollone has about the institutional prerogatives of the office he previously held are clearly outweighed by the need for his testimony,” Representative Bennie Thompson, Democrat of Mississippi, and Representative Liz Cheney, Republican of Wyoming, said in a statement.A lawyer familiar with Mr. Cipollone’s deliberations, who was not authorized to speak for the record, said that the subpoena was needed before the former White House counsel could consider transcribed testimony before the committee, and that Mr. Cipollone would now evaluate matters of privilege as appropriate.Photos of Mr. Cipollone and Patrick F. Philbin, who was his deputy, on screen during one of the Jan. 6 commitee’s hearings. Both men met with the panel in April, but they were not under oath.Jason Andrew for The New York TimesIn April, Mr. Cipollone and Patrick F. Philbin, who was his deputy, met separately with the panel, two people familiar with the sessions said, speaking on the condition of anonymity because they were not authorized to disclose the meetings.At the time, the two men were not under oath, and their interviews were not transcribed. Since then, Mr. Cipollone has resisted testifying publicly, despite calls from the committee for him to do so.“Our committee is certain that Donald Trump does not want Mr. Cipollone to testify here. But we think the American people deserve to hear from Mr. Cipollone personally,” Ms. Cheney announced from the dais at a hearing last week. “He should appear before this committee, and we are working to secure his testimony.”At a hearing on Tuesday, the committee heard testimony from a former White House aide, Cassidy Hutchinson, who described Mr. Cipollone’s pivotal role during the events of Jan. 6.“Mark, we need to do something more,” Ms. Hutchinson said she heard Mr. Cipollone tell Mark Meadows, the White House chief of staff, on Jan. 6 as Mr. Trump’s supporters entered the Capitol. “They’re literally calling for the vice president to be f-ing hung.”Key Revelations From the Jan. 6 HearingsCard 1 of 7Making a case against Trump. More

  • in

    ‘Why We Did It’ Is a Dark Ride on the ‘Republican Road to Hell’

    The former political operative Tim Miller writes about why most of the Republican establishment learned to stop worrying and line up behind President Trump.WHY WE DID ITA Travelogue From the Republican Road to HellBy Tim Miller259 pages. Harper/HarperCollins Publishers. $26.99.Too often, when straining to put some daylight between themselves and the Trump administration, regretful Republicans have reached for elaborate excuses and high-toned rhetoric. The former political operative Tim Miller knows better than to try.The most honorable parts of “Why We Did It,” Miller’s darkly funny (if also profoundly dispiriting) post-mortem/mea culpa, are the ones that dispense with pious pretense. Miller, a millennial who started working in Republican politics when he was 16, depicts himself as someone who was so preoccupied with “the Game” that for years he gave little thought to the degraded culture that his bare-knuckle tactics helped perpetuate. He liked the excitement, the money, the mischief. There was a “bizarre type of fame” that came with “D.C. celebrification,” he writes. He got addicted to the “horse race.” He was in it to win.His fixation on victory was so consuming that it could often override his personal interests. “Why We Did It” recalls a moment when Miller panicked after John McCain made a stray comment in 2006 that was barely, just barely, pro-gay marriage. (McCain later clarified that he was only talking about private ceremonies; he did “not believe that gay marriages should be legal.”) Miller was planning to work on McCain’s presidential campaign. Miller is also gay. He was upset that McCain might hurt his chances with Republican voters, rather than excited at the prospect of working for someone who didn’t “want to deny me the ability to have a totally chill, off-the-books, man-man ceremony.” Miller says it’s precisely this warped response — his own “championship-level compartmentalization” — that makes him especially suited to understanding why most of the Republican establishment learned to stop worrying and line up behind Trump. The episode with McCain was just the beginning. Miller later went on to do P.R. work for social conservatives who virulently opposed same-sex marriage. “As a gay man who contorted himself into defending homophobes,” he writes, “I am more than capable of inhabiting the mind of the enabler.”The first half of the book describes Miller’s political coming-of-age — from closeted young Republican who grew up in a devout Catholic family to a spokesman for Jeb Bush’s presidential campaign to one of the loudest Never Trumpers during the 2016 election. The second half of “Why We Did It” is a taxonomy of the kind of Republicans who went MAGA, based on Miller’s conversations with them and his firsthand knowledge of what makes the most opportunistic D.C. creatures tick.In between the two halves is an awkward chapter titled “Inertia,” in which Miller owns up to going from denouncing Trump before he was elected to working for Scott Pruitt, Trump’s Environmental Protection Agency administrator. (“It was a trying time and I was desperate.”) Miller later got a contract for media-monitoring services from the E.P.A. (“icky,” he concedes). Oh, and Miller also conducted opposition research for Facebook that happened to dovetail with conspiracy theories, casting the liberal financier and philanthropist George Soros as the shadowy force behind an anti-Facebook movement. (Miller insists that this newspaper’s reporting on what happened was “overheated.”)Tim Miller, the author of “Why We Did It: A Travelogue From the Republican Road to Hell.”Sophie Berard Photography“I was favor-trading with people who were causing real-world harm so I could get a pat on the head from some client who wanted self-serving scuttlebutt fed to the rubes,” he writes of his career. But as a self-described P.R. flack, Miller knows how to spin such ugly straw into shiny gold. Who better to identify why his fellow Republicans got sucked under than someone who kept getting pulled back in?The hardcore Trumpists who loved their candidate from the beginning don’t interest Miller. His subjects include colleagues who worked with him nearly a decade ago on the Growth and Opportunity Project, known as the Republican “autopsy,” organized after Mitt Romney lost to Barack Obama in 2012. The report called for moderation, for outreach, for immigration reform. But one by one, the people working on the project went from abhorring Trump to embracing him.There was “the Striver,” Elise Stefanik, the Harvard-educated representative from upstate New York who “was doing what was required to get the next buzz,” Miller writes. There was “the Little Mix,” Reince Priebus, who liked “feeling important” and tried “to stay in everyone’s good graces while the world around him unraveled.” Miller calls Trump’s former press secretary Sean Spicer “the Nerd-Revenging Team Player” who gamely thought that obtaining some status in the White House might make up for some “negative charisma.” There was a coterie of “Cartel-Cashing, Team-Playing, Tribalist Trolls,” always on the lookout for the next gravy train.Some of these former colleagues will talk to Miller; others won’t. “Why We Did It” begins and ends with the story of his friendship with the Republican fund-raiser Caroline Wren, a fellow “socially liberal millennial,” who worked with Miller on McCain’s 2008 campaign but more recently made a star turn as a Trump adviser subpoenaed by the panel investigating the Jan. 6 attack on the Capitol.Wren’s motivations don’t turn out to be particularly complex; she herself admits that her politics have always had less to do with the finer details of governing than the more cultish aspects of personality. “She had come to worship John McCain,” Miller writes, and she was soon “obsessed with Sarah Palin.” When pushed to explain what drew her to Trump, whose policies she says repulsed her, Wren rails against smug progressives driving around in their Priuses and forcing everyone to drink out of paper straws. She felt intensely annoyed by their self-satisfaction and hypocrisy. She liked Trump because of what she calls his “scorch-the-earth mode.”This “animus,” Miller says, seems to have been the necessary condition for converting his “reluctant peers” into Trump supporters. I recommend reading “Why We Did It” alongside “It Was All a Lie” (2020), by Stuart Stevens, another “what happened” book by a former Republican operative. Stevens comes across as thoughtful, deliberative, reflective; Miller comes across as clever, a little bit mean, extremely profane. Stevens captures how the Republican Party spent decades cultivating grievances that it didn’t plan to do anything about, while Miller captures the consequent emotional valence, with its “unseriousness and cruelty.” Both books are absorbing; neither is particularly hopeful.“AHHHHHHH,” an exasperated Miller writes, remembering how he stayed in politics because of his own thirst for fame and fortune. For all the reluctant Trump supporters’ torturous rationales, maybe the reasons for why they did it don’t get much more complicated than that. More

  • in

    Jan. 6 Panel Explores Links Between Trump Allies and Extremist Groups

    Cassidy Hutchinson, the former White House aide, testified that the former president directed his chief of staff to reach out to Michael Flynn and Roger Stone, who had ties to the Oath Keepers and the Proud Boys.In their relationships with President Donald J. Trump in recent years, Roger J. Stone Jr., his longtime political adviser, and Michael T. Flynn, who was briefly his national security adviser, have followed a similar trajectory.Both were either convicted of or pleaded guilty to charges stemming from the investigation into the Trump campaign’s connections to Russia. Both were pardoned by Mr. Trump after the 2020 presidential election. And both supported Mr. Trump in his relentless, multilayered efforts to reverse its outcome and remain in power.The two were, in a sense, together again on Tuesday, when both were mentioned within an instant of one another at the House select committee hearing by Cassidy Hutchinson, an aide to Mark Meadows, Mr. Trump’s final chief of staff. Ms. Hutchinson told the panel that on Jan. 5, 2021, a day before the Capitol was stormed, Mr. Trump had directed Mr. Meadows to reach out to Mr. Stone and Mr. Flynn.Ms. Hutchinson acknowledged that she did not know what her boss may have said to the men. But her testimony was the first time it was revealed that Mr. Trump, on the eve of the Capitol attack, had opened a channel of communication with a pair of allies who had not only worked on his behalf for weeks challenging the results of the election, but who also had extensive ties to extremist groups like the Proud Boys and the Oath Keepers, who were soon to be at the forefront of the violence.The question of whether there was communication or coordination between the far-right groups that helped storm the Capitol and Mr. Trump and his aides and allies is among the most important facing the Jan. 6 investigators.Barring a criminal prosecution — or something else that could force the details of the calls into the public sphere — it could be tough to be figure out exactly what Mr. Meadows discussed with Mr. Stone and Mr. Flynn.Since late last year, Mr. Meadows has refused to comply with a committee subpoena that seeks his testimony about the weeks leading up to Jan. 6 — a move that risked his indictment on contempt of Congress charges. As for Mr. Stone and Mr. Flynn, both repeatedly exercised their Fifth Amendment rights against self-incrimination during their own interviews with the committee.Mr. Flynn’s interview was especially remarkable, according to a recording of it played at the hearing on Tuesday. A former three-star general who still collects a military pension, Mr. Flynn pleaded the Fifth Amendment even when he was asked if he believed the violence at the Capitol was wrong, and whether he supported the lawful transfer of presidential power.Ms. Hutchinson also told the panel that she recalled hearing about the Proud Boys and the Oath Keepers while the planning was taking place for Mr. Trump’s public event near the White House on Jan. 6 — a time, she explained, when the former president’s lawyer, Rudolph W. Giuliani, had been around.It is possible that Mr. Stone and Mr. Flynn will receive more attention when the panel reconvenes for its next public hearing in July. That is when Representative Jamie Raskin, Democrat of Maryland, has said he intends to lead a presentation that will focus on the roles far-right groups like the Proud Boys, the Oath Keepers and the 1st Amendment Praetorian played in the Capitol attack. Mr. Raskin has also promised to explore the connections between those groups and the people in Mr. Trump’s orbit.Roger J. Stone Jr., a longtime adviser to President Donald J. Trump, has repeatedly denied that he had any role in the violence that erupted at the Capitol on Jan.6.Al Drago for The New York TimesBoth Mr. Stone and Mr. Flynn fit that description, having maintained extensive ties to far-right groups in the postelection period. Much of the contact came at pro-Trump rallies in Washington when the men were guarded by members of the groups, who served as their bodyguards.For over a year, Mr. Stone has repeatedly denied that he had any role in the violence that erupted at the Capitol. Shortly after Ms. Hutchinson’s testimony, he denied in a post on social media that Mr. Meadows had called him on the day before the attack.Mr. Flynn’s lawyer has failed to respond to numerous requests for comments about the role his client played in the events of Jan. 6 and the weeks leading up to it.As early as Dec. 12, 2020, the 1st Amendment Praetorian protected Mr. Flynn when he appeared as a speaker at a pro-Trump march in Washington. Joining the group as security at the event were members of the Oath Keepers, including the organization’s leader, Stewart Rhodes, who has since been charged with seditious conspiracy in connection with the Capitol attack.The 1st Amendment Praetorian also helped Mr. Flynn’s onetime lawyer, Sidney Powell, gather open source intelligence about allegations of election fraud that was ultimately funneled into a series of conspiracy-laden lawsuits she filed challenging the voting results, according to the group’s leader, Robert Patrick Lewis.Mr. Lewis, by his own account, played a minor role in another, even more brazen, attempt to overturn the election. He has claimed that, on Dec. 18, 2020, he drove Mr. Flynn and Ms. Powell to the White House for an Oval Office meeting at which they sought to persuade Mr. Trump to use his national security apparatus to seize voting machines around the country in his bid to stay in power.On Jan. 6 itself, according to audio recordings obtained by The New York Times, a few members of the 1st Amendment Praetorian protected Mr. Flynn again. Around the same time, according to court papers filed in a recent defamation case, a member of the group, Philip Luelsdorff, was briefly present in the so-called war room at the Willard Hotel where pro-Trump lawyers, including Mr. Giuliani and John Eastman, had set up shop to plan the objections to the certification of the Electoral College vote count.Key Revelations From the Jan. 6 HearingsCard 1 of 7Making a case against Trump. More

  • in

    Key Questions Cassidy Hutchinson’s Jan. 6 Testimony Raises

    The former White House aide’s appearance before the House Jan. 6 committee raised a host of issues sure to be topics of further inquiry.For two hours, Cassidy Hutchinson, a former White House aide, laid out a devastating account on Tuesday of former President Donald J. Trump’s actions and state of mind on Jan. 6, 2021, and in the days leading up to it.Her testimony to the House select committee and a national television audience raised a series of questions that are sure to be the focus of continued inquiry by the committee, federal prosecutors and others seeking to flesh out Mr. Trump’s effort to reverse his election loss and remain in power.Here are some of the key issues presented by her testimony.What does this mean for a possible criminal prosecution?Ms. Hutchinson told the panel that moments before Mr. Trump went onstage to deliver his speech on the Ellipse on the morning of Jan. 6, he was informed that people in the crowd were armed with a variety of weapons.By her account, he responded by urging that security measures be taken down to allow his supporters to fill in the area around the stage. And she testified that Mr. Trump said he was in no danger because the crowd was supportive of him and that the people there could go on to march to the Capitol.Legal experts said the testimony provided more evidence to support a possible criminal prosecution, as it suggested that Mr. Trump was aware of the potential for violence but went on to urge his supporters to head to the Capitol. During the speech, Mr. Trump encouraged the crowd to “fight like hell” and march to where Congress was certifying the Electoral College results — even promising that he would join them.The Justice Department has said nothing explicit about any investigative focus on Mr. Trump. But lawyers have pointed to a number of potential charges against him, including obstructing Congress, conspiracy and incitement.For months, the Justice Department has been documenting in court papers how rioters charged in the attack have claimed they were following Mr. Trump’s orders when they descended on and breached the Capitol. Ms. Hutchinson’s testimony could place Mr. Trump into a conspiratorial relationship with members of the mob, lawyers said, suggesting that he pushed them into action even though he was aware that they presented an immediate threat.How the Justice Department will proceed is perhaps the biggest question of all.What happened in the presidential vehicle?No piece of Ms. Hutchinson’s testimony electrified the hearing room like her detailed description of a story she said she was told about Mr. Trump demanding to be taken to the Capitol in his armored vehicle when his speech at the Ellipse ended.Ms. Hutchinson recalled being told by Anthony Ornato, a deputy White House chief of staff, that after Mr. Trump’s security detail told him he could not go to the Capitol, the president “lunged” for the steering wheel and then struck or grabbed his lead agent, Robert Engel. Mr. Trump was not in the armored limousine known as “the Beast,” as Ms. Hutchinson implied, but in an S.U.V. that presidents sometimes ride in.Secret Service officials, speaking on the condition of anonymity, said that both Mr. Engel and Mr. Ornato would dispute that Mr. Trump tried to grab the wheel of the car or that Mr. Engel was struck. They said the two men would not dispute that Mr. Trump wanted to be driven to the Capitol as the angry pro-Trump protesters, some of them armed, headed in that direction and Congress was gathered to ratify that he had lost the election and that Joseph R. Biden Jr. would be the next president.Both Mr. Engel and Mr. Ornato have appeared in private before the committee. It is not clear when they will appear again to answer questions about Ms. Hutchinson’s testimony. It is also unclear when the committee first heard the story about Mr. Trump’s actions in the vehicle from Ms. Hutchinson.Ms. Hutchinson made clear in her public testimony that she did not have direct knowledge of the incident, and it remains unclear what, if anything, the committee did to corroborate it. Still, Mr. Trump’s allies are now pointing to it as a misstep by the committee and using it to undermine the credibility of her testimony.Did Trump allies try to intimidate witnesses?For months, the committee has suggested that Mr. Trump or those close to him might have attempted to influence potential witnesses. Its members have suggested, for instance, that Mr. Trump may have influenced the refusal of Representative Kevin McCarthy, the House Republican leader, to cooperate with the investigation.On Tuesday, Representative Liz Cheney, Republican of Wyoming and the vice chairwoman, displayed what she said were two examples of unnamed people associated with Mr. Trump attempting to influence witnesses. One witness was told to “protect” certain individuals to “stay in good graces in Trump World.” In the other example, a witness was encouraged to remain “loyal.”“Most people know that attempting to influence witnesses to testify untruthfully presents very serious concerns,” Ms. Cheney said. “We will be discussing these issues as a committee and carefully considering our next steps.”It is not clear whether the committee referred the incidents to the Justice Department for investigation or possible prosecution. According to Punchbowl News, Ms. Hutchinson was one of the people who received such a warning. Her lawyer did not respond to a message seeking comment.Mr. Trump and his advisers have come under scrutiny in previous situations for reportedly trying to influence witnesses. In 2017, a lawyer for Mr. Trump in the investigation into whether his campaign conspired with Russian officials in 2016 dangled the prospect of pardons to two people under investigation, Michael T. Flynn and Paul Manafort. And in 2018, Mr. Trump’s public statements related to Michael D. Cohen, his former personal lawyer who was under investigation by federal prosecutors, were looked at as possible acts of obstruction of justice.How did Trump and his aides react to the violence?Network PoolOne of the biggest issues is what exactly Mr. Trump was doing for the 187 minutes of the attack and what exactly the White House was doing to combat it. According to Ms. Hutchinson, the answer was: not much.On the day of the attack, Mr. Trump rebuffed efforts by his aides and family members, including his daughter Ivanka, to put out a statement telling the mob to stand down. Instead, he posted to Twitter attacking Mr. Pence.“Mark, we need to do something more,” Ms. Hutchinson said she heard the White House counsel, Pat Cipollone, tell Mark Meadows, the chief of staff, as he rushed into her office after Mr. Trump’s supporters began entering the Capitol. “They’re literally calling for the vice president to be f-ing hung.”“You heard him, Pat,” she said Mr. Meadows responded, referring to Mr. Trump. “He thinks Mike deserves it. He doesn’t think they’re doing anything wrong.”Key Revelations From the Jan. 6 HearingsCard 1 of 7Making a case against Trump. More

  • in

    Missouri Enacts Strict New Voter Rules and Will Switch to Caucuses

    Missouri overhauled its election rules on Wednesday, enacting a voter identification law similar to one the state’s highest court blocked two years ago and doing away with its presidential primary in favor of a caucus system.The new law, which Gov. Michael L. Parson signed at the State Capitol in Jefferson City, requires voters to present a photo ID when casting a regular or absentee ballot. Those without such documentation will be required to fill out a provisional ballot that would be segregated until they provide photo identification or their signature is matched to the one kept on file by election officials.The voter identification rule was the latest instituted in a Republican-controlled state, and reflected the party’s continued mistrust of common voting practices, including the use of voting machines. It requires the use of hand-marked paper ballots statewide starting in 2023, with limited exceptions for certain touch-screen systems until the end of next year.Among the other changes is a prohibition against the use of drop boxes for absentee ballots — a practice that many Republicans criticized during the 2020 presidential election — and replacing Missouri’s presidential primary, held in recent years in March, with a series of caucuses.The proposal advanced in the spring from the Legislature, where its Republican sponsors have continued to cite unsubstantiated and nonspecific voter fraud claims — just as former President Donald J. Trump has done — as the impetus for the voter ID law.The law will take effect on Aug. 28, in time for the November election but not until after Missouri holds its primaries on Aug. 2.Missouri voters approved a constitutional amendment in 2016 that led to a previous set of voter ID rules, but the state Supreme Court gutted those rules in 2020. The rules had stipulated that voters without the required ID had to fill out an affidavit or use provisional ballots until their identity could be validated.The president of the League of Women Voters of Missouri told The St. Louis Post-Dispatch this month to expect legal challenges to the new law, which the group said could disenfranchise voters of color and those who are young or older.While paper ballots are already overwhelmingly used in Missouri, Republicans have sought to scale back the use of electronic voting equipment nationwide, spreading falsehoods that the devices were rigged during the 2020 presidential election.The new law repealed provisions enacted at the start of the coronavirus pandemic that permitted mail and absentee voting in the 2020 general election, but Republicans compromised with Democrats to allow two weeks of no-excuse in-person absentee balloting. However, those ballots must be submitted at a local election office. Military and overseas voters will still be permitted to mail their ballots.The law also makes it illegal for local election authorities to accept private donations in most circumstances. More

  • in

    The Vanishing Moderate Democrat

    Listen to This ArticleAudio Recording by AudmTo hear more audio stories from publications like The New York Times, download Audm for iPhone or Android.Early last year, as Democrats were preparing to control the White House and Congress for the first time in a decade, Josh Gottheimer met with Nancy Pelosi to discuss their party’s message. Sitting in the House speaker’s office in the U.S. Capitol, he opened up the YouTube app on his iPhone. There was something he wanted to show her.Gottheimer, who represents a wealthy suburban and exurban House district in northern New Jersey, was first elected to Congress in 2016; his victory over a seven-term Republican incumbent, in a district in which Donald Trump narrowly defeated Hillary Clinton, was one of the Democrats’ few bright spots that year. Since his arrival in Washington, however, Gottheimer has been the cause of more headaches than celebrations for Pelosi and her leadership team.As co-chairman of the Problem Solvers Caucus — a group of 29 Democrats and 29 Republicans that quixotically aspires to the goal of bipartisan compromise — he has frequently found himself at odds with his fellow Democrats on everything from foreign policy to President Biden’s domestic agenda to Pelosi’s leadership. In 2018, Gottheimer and eight other Problem Solver Democrats threatened to reject Pelosi’s bid for speaker if she didn’t concede to their demands for rules changes that would make it easier for bipartisan ideas to be considered, angering colleagues who viewed it as yet another instance of Gottheimer and his group’s engaging in pointless grandstanding rather than constructive behind-the-scenes work. “Tell me a problem they’ve solved,” Representative Susan Wild, a Democrat from Pennsylvania, says.Pelosi, however, had agreed to their demands and secured their support. Now she was willing to hear Gottheimer out about how the new Democratic majority should position itself. He pressed play and his iPhone screen filled with waving American flags as an old but familiar voice emerged, proclaiming, “I am honored to have been given the opportunity to stand up for the values and the interests of ordinary Americans.” The video was a television advertisement from Bill Clinton’s 1996 re-election campaign. Over images of construction workers and children and police officers, a series of bold captions touted Clinton’s first-term accomplishments: “WELFARE REFORM, WOREK REQUIREMENTS”; “TAXES CUT FOR 15,000,000 FAMILIES”; “DEATH PENALTY FOR DRUG KINGPINS.” His promises for a second term followed: “BAN ‘COP-KILLER’ BULLETS”; “CAPITAL GAINS TAX CUT FOR HOME OWNERS”; “BALANCE THE BUDGET FOR A GROWING ECONOMY” “We are safer, we are more secure, we are more prosperous,” Clinton said. When the ad was over, Gottheimer says, he looked at Pelosi. “This is how we won,” he told her, “and this is how we win again.”Representative Josh Gottheimer of northern New Jersey, a co-chairman of the Problem Solvers Caucus.Bill Clark/CQ-Roll Call, via Getty ImagesIn April, almost a year and a half later, Gottheimer screened the ad again, this time for me. He provided his own color commentary as it played. “Fiscal responsibility … jobs … tax cuts … he put cops in the ad!” Gottheimer, who served as a White House speechwriter during Clinton’s second term, exclaimed. When it was over, he sighed. “Think about how different that message is,” he said. I asked him what Pelosi’s reaction was when he played it for her. Gottheimer demurred. But the answer seemed obvious. The message that Pelosi and the Senate majority leader Chuck Schumer and President Joe Biden and the rest of the Democratic leadership had chosen for their party, the message that Democrats would be carrying into the 2022 midterm elections, was not the one that Gottheimer, and the disembodied voice of Bill Clinton, had counseled.Gottheimer and I were eating breakfast at a diner on Route 17 in Paramus, N.J. In a month, he told me, the busy state highway outside would be lined with campaign signs that read “Josh Gottheimer for Congress: Lower Taxes, Jersey Values.” “I’m the only Democrat in the country who puts ‘lower taxes’ on his signs,” he said. “ ‘Jersey values’ are about cops, firefighters, vets — I’ll get your back.” Although the old Clinton ad wasn’t his party’s current message, it was certainly his. “These are the issues that I continue to stress back home in my district,” he said. It would not be hyperbole to say that Gottheimer runs his political life there according to Clinton’s tenets.The most immediate question for Gottheimer and other moderate Democrats is whether that will be enough come November. Midterm elections have been historically brutal for the party that controls the White House. In 2006, Republicans took a “thumping,” as George W. Bush described it at the time, losing 30 seats in the House, six seats in the Senate and control of both chambers. Four years later, it was the Democrats’ turn to suffer a “shellacking,” as Barack Obama put it, with Republicans gaining 63 seats and a new majority in the House. In 2018, Democrats capitalized on resistance to Donald Trump and gained 41 seats on their way to taking back the House.This year, with Democrats clinging to a 10-seat majority in the House (almost guaranteed to drop to nine with a special election in Nebraska on June 28), most political handicappers expect Republicans to reclaim control of the chamber easily; the only real uncertainty is just how big the Red Wave will be, with predictions about the number of seats Republicans will gain ranging from less than 20 to more than 60. (Despite the public hearings of the House committee investigating Jan. 6, most Democrats running for election are not attempting to make the effort to overturn the 2020 presidential election a referendum on Republicans.)The bigger, more consequential question — not just for the moderates but for all Democrats — is whether this projected midterm wipeout is merely a cyclical occurrence or the manifestation of a much deeper and more intractable problem. Over the last decade, the Democratic Party has moved significantly to the left on almost every salient political issue. Some of these shifts in a more ambitiously progressive direction, especially as they pertain to economic issues, have largely tracked with public opinion: While socialism might not poll well with voters, Democratic proposals to raise taxes on corporations and the wealthy, increase the federal minimum wage to $15 an hour and lower the age of Medicare eligibility do.But on social, cultural and religious issues, particularly those related to criminal justice, race, abortion and gender identity, the Democrats have taken up ideological stances that many of the college-educated voters who now make up a sizable portion of the party’s base cheer but the rest of the electorate does not. “The Democratic Party moved left,” says Will Marshall, the president and founder of the Progressive Policy Institute, a moderate Democratic think tank, “but the country as a whole hasn’t.”Republicans have sought to exploit this gap by waging an aggressive culture war against Democrats. Christopher Rufo, the conservative activist and frequent Fox News guest who has turned critical race theory into a right-wing cudgel, wrote on Twitter last year that he intended to “put all of the various cultural insanities under that brand category.” More recently, he has attacked Democrats for, he charged, attempting to indoctrinate school children with “trans ideology.” Rick Scott, the Florida senator who heads the Republicans’ Senate campaign arm, told reporters in June, “The election is going to be about inflation, critical race theory, funding the police — that’s what it’s going to be about.” The result, fair or not, is that the Democratic Party is now perceived by a growing segment of American voters as espousing the furthest left position possible on many of the country’s most fraught and most divisive issues.“There’s a sense among voters that Democrats are too focused on social issues,” says Brian Stryker, a Democratic pollster, “and those are more left-wing social issues that people think they’re too focused on.” In May, CNN asked 1,007 American voters for their opinions on the country’s two major political parties. After four years of Trump in the White House, an insurrection and unsuccessful attempt to overturn a presidential election and now a Republican Party that can be fairly described as a cult of personality and is moving further right on many of the same social issues, 46 percent of those surveyed considered the G.O.P. to be “too extreme.” But 48 percent of them viewed the Democratic Party the same way.All of which has occasioned not just the normal midterm agita but something closer to an existential crisis among moderate Democrats. While some of them remain reluctant to publicly concede the reality that the Democratic Party has indeed shifted left — either out of fear of angering their fellow Democrats or validating Republican attacks — they will readily acknowledge that voters perceive the party as having drifted out of the mainstream. And they are convinced that this is threatening their political survival. “There’s absolutely no doubt in my mind that the Democratic Party has a problem as a toxic brand,” says Max Rose, a moderate New York Democrat who lost re-election to his House seat in Staten Island in 2020 — his Republican opponent characterized Rose’s attendance at a George Floyd protest march as anti-police — and is running to reclaim the seat this year. “There’s a perception that the party is not on the side of working people, that it’s not on the side of the middle class.”That perception has penetrated even the immediate families of Democratic politicians. “My own mother-in-law, a Republican, believes I’m some sort of unicorn because I can put sentences together and I’m not rabid and left-leaning,” says Chrissy Houlahan, a moderate Democratic congresswoman who represents a swing district in the swing state of Pennsylvania. “I believe the national Democratic Party is where I am. I don’t believe that the way people perceive the national Democratic Party is where I am.”But the Democrats’ leftward trend, whether real or perceived, is resoundingly popular with, and often reinforced by, the party’s staff members and activists and especially its donors, who fund a slew of nonprofits and super PACs that relentlessly push the progressive line. In America’s very blue and very online precincts, performative positioning is often accepted as a substitute for the compromises that can be necessary to secure legislation — whether it’s Schumer and Pelosi donning kente cloth and kneeling in the Capitol to demonstrate solidarity with Black Lives Matter protesters in lieu of actual police reform or Biden traveling to Atlanta to attack Republicans as supporters of “Jim Crow 2.0” in a speech on behalf of voting rights legislation that had no chance of passage.The problem, says Lis Smith, a Democratic communications strategist who most recently worked for Pete Buttigieg’s 2020 presidential campaign, is that “in today’s world, what happens on Twitter or in a D-plus-40 district doesn’t stay there. It travels to every race across the country.” And it inherently limits the appeal of Democrats in those races. “If we become a party of the elite-elites, there death awaits,” says Representative Sean Patrick Maloney of New York, who heads the Democratic Congressional Campaign Committee (D.C.C.C.), the House Democrats’ campaign arm, pointing to the influence of college activists. “We’ll all agree with each other right into extinction.”The Democrats most at risk of extinction this November are Gottheimer and his fellow House moderates, who typically represent the sorts of swing districts where being painted as an identitarian socialist is the political kiss of death. “We are, almost by definition, the low-hanging fruit in every election,” says Representative Dean Phillips, a Minnesota Democrat and member of the Problem Solvers. Although Biden won Gottheimer’s district by more than five points in 2020, and the district got even bluer under New Jersey’s newly drawn congressional maps so that Democrats now have a seven-point edge there, the D.C.C.C. has put him on its “Frontline” list of vulnerable incumbents. Of the 37 Frontliners, the overwhelming majority belong to the Problem Solvers or one of the other two groups for moderate House Democrats: the New Democrat Coalition and the Blue Dog Coalition. And then there are the two dozen or so moderate House Democrats who have decided not to run at all in 2022, quitting before they could be fired.It’s enough to drive Gottheimer, 47, to frustration — and to send him searching nearly three decades back in time for answers. In Congress, he has gone out of his way to differentiate himself from his more liberal Democratic colleagues, whom he has privately derided as “the herbal tea party.” The enmity has been mutual. After The Intercept reported the “herbal tea party” insult in 2019, the progressive New York congresswoman Alexandria Ocasio-Cortez retweeted a link to the article and wrote, “What’s funny is that there *are* Dems that do act like the Tea Party — but they’re conservative.” It was not the first or last time Gottheimer found himself at the bottom of an online pile-on. Two years ago, his clashes with liberals earned him a left-wing primary challenger who branded him “Trump’s favorite Democrat.” Gottheimer won by 33 points. “The social media Democrats are not the Democrats back home,” he told me during another conversation in his congressional office. “Those aren’t my constituents.”But now, he complained, “the far right is trying to do everything they can to equate many of us to the socialist left,” and he’s worried his constituents will start to believe it. The challenge for Gottheimer and his fellow moderates, however, is not just to define what they are not, but what they actually are. While there is a growing group of Democrats who believe that their party needs to become more moderate, it’s not clear that any of them agree on — or, in some cases, even know — what it means to be a moderate Democrat anymore.In January 1989, Al From invited Bill Galston to breakfast at La Colline, a French restaurant on Capitol Hill. From was a former congressional staff member who, four years earlier, co-founded the Democratic Leadership Council (D.L.C.), a group of mostly Southern and Western Democrats who were trying to remake the party in their moderate image. They called themselves the New Democrats.Galston was a University of Maryland public-policy professor who moonlighted as an adviser to Democratic presidential campaigns — in 1988, working for Al Gore’s ill-fated campaign. The previous November, Michael Dukakis lost to George H.W. Bush by 8 percentage points and 315 electoral votes, the Democrats’ third straight landslide presidential defeat. At La Colline, From asked Galston what was wrong with their party. Democrats, Galston answered, were in denial — focusing on the chimeras of higher turnout and better fund-raising when, in fact, it was their “unacceptably liberal” positions that was the problem. By not grappling with that fact, Galston told From, Democrats were engaging in “the politics of evasion.”From commissioned Galston and the political scientist Elaine Kamarck to write up the argument for the D.L.C.’s new think tank, the Progressive Policy Institute, which published “The Politics of Evasion” that September. Galston and Kamarck did not mince words. “Too many Americans have come to see the party as inattentive to their economic interests, indifferent if not hostile to their moral sentiments and ineffective in defense of their national security,” they wrote. The Democratic Party was “increasingly dominated by minority groups and white elites — a coalition viewed by the middle class as unsympathetic to its interests and its values.” Unless Democrats convinced those middle-class voters (who at that time were predominantly white) that they were tough on crime, trustworthy on foreign policy and disciplined about government spending, they would continue to wander the political wilderness.Representative Sean Patrick Maloney of New York, who heads the Democratic Congressional Campaign Committee (D.C.C.C.).Tom Williams/CQ-Roll Call via Getty ImagesIn the past, the New Democrats shied away from outright conflict with the party’s liberal wing — refusing to return fire, for instance, when Jesse Jackson dubbed the D.L.C. “Democrats for the Leisure Class.” But “The Politics of Evasion” counseled that internecine fighting was good: “Only conflict and controversy over basic economic, social and defense issues are likely to attract the attention needed to convince the public that the party still has something to offer the great middle of the American electorate.” Bill Clinton, who as Arkansas governor became the D.L.C. chairman in 1990, took that message to heart in his 1992 presidential campaign.That summer, shortly after he cinched the Democratic nomination, Clinton gave a speech to Jackson’s Rainbow Coalition group — in which he attacked the group for also hosting a relatively obscure rapper named Sister Souljah, who in the wake of that year’s Los Angeles riots said in an interview, “If Black people kill Black people every day, why not have a week and kill white people?” Clinton told the Rainbow Coalition that “if you took the words ‘white’ and ‘Black’ and reversed them, you might think David Duke was giving that speech.” Jackson was furious and called on Clinton to apologize — exactly the response Clinton was hoping for. The Black syndicated columnist Clarence Page later wrote that by picking the fight, Clinton “impressed swing voters, particularly white suburbanites, with a confident independence from Jackson that other Democratic presidential candidates had not shown.” A loudly performed repudiation of a putative far-left extremist would come to be known as a “Sister Souljah moment.”Clinton ran for president as a factional candidate, against the Republicans but also against his party’s liberal wing, so that when he won, he remade the Democratic Party in his own — and the D.L.C.’s — image. In 1995, midway through Clinton’s first term, 23 moderate House Democrats formed the Blue Dog Caucus to, in their words, “represent the middle of the partisan spectrum.” By 2010, halfway through Barack Obama’s first term, the Blue Dogs had grown to 54 members. “To my surprise, ‘The Politics of Evasion’ had some impact,” Galston recently told me. “With the election of Bill Clinton, this little insurgency within the Democratic Party succeeded.” He paused. “Temporarily.”This February, more than three decades after their original salvo, Galston and Kamarck, now both senior fellows at the Brookings Institution, published “The New Politics of Evasion.” Once again, they argued Democrats have swerved too far to the left: “A substantial portion of the Democratic Party has convinced itself that Americans are ready for a political revolution that transforms every aspect of their lives. This assumption has crashed into a stubborn reality: Most Americans want evolutionary, not revolutionary, change.” Once again, they argued that Democrats have ignored the political salience of cultural issues to their detriment: “For Americans across the political spectrum, social, cultural and religious issues are real and — in many cases — more important to them than economic considerations. These issues reflect their deepest convictions and shape their identity.”But unlike three decades ago, Galston and Kamarck were actually a little late to the fight. In the past few years, a growing and increasingly vocal cohort of strategists, policy wonks and intellectuals has been arguing that Democrats have overreached on social and cultural issues and that, as a result, the party has become unable to appeal to voters without college degrees — and, increasingly, not just white voters in that group but Hispanic, Asian American and Black voters too. From 2012 to 2020, the support of nonwhite voters without college degrees for the Democratic presidential candidate decreased by 10 percentage points. Much as in the early 1990s, the most vibrant and urgent discussion in Democratic circles currently revolves around why and how the party needs to steer itself back to the center.“For Democrats to win, we have to cater a lot more to moderates,” Sean McElwee told me recently at an Australian coffee shop in Washington’s Logan Circle neighborhood. Just 29 years old, with a baby face that makes him appear even younger, McElwee runs Data for Progress, a left-leaning polling firm and think tank that in only four years has come to occupy a central place in the Democratic Party firmament. Its ascent is especially remarkable considering where the firm — and McElwee — started.He burst onto the political scene early in Donald Trump’s presidency as a Resistance Twitter personality who popularized the slogan “Abolish ICE” and hosted a weekly East Village happy hour for New York’s left-wing activists and writers. He started Data for Progress in 2018 with the express intent of driving the Democratic Party to the left. As a self-proclaimed socialist, McElwee’s early activism revolved around helping far-left candidates win Democratic primaries in safe blue districts. He was an adviser to the left-wing political group Justice Democrats, which fueled the rise of Ocasio-Cortez, as well as Ayanna Pressley, Ilhan Omar and Rashida Tlaib, a.k.a. the Squad. He liked to call himself an “Overton window mover.” (The term refers to a reframing of what is politically possible.)But during the 2020 presidential primaries, just when practically every Democratic candidate except Joe Biden was jumping through that window by promising to abolish ICE and provide Medicare for all and eliminate student debt, McElwee himself started favoring what he calls “a more pragmatic approach.” The reason? While he personally still supported many of these left-wing policy proposals, Data for Progress’s polling showed that they weren’t actually popular with voters — or at least not with the working-class, non-college-educated voters Democrats need to win outside those safe blue districts.McElwee concluded that if Democrats ever want to accomplish their progressive goals, they need to get elected first — and the way to do that is to do a lot of polling to determine the popularity of various policy proposals. Then, when talking to voters, Democratic candidates should emphasize the popular ideas and de-emphasize the unpopular ones, even if that means emphasizing smaller, more incremental, more moderate policies. “I’m now just interested in a fundamentally different set of tactics and tools than I was six or seven years ago,” McElwee told me.The electoral theory to which McElwee now subscribes has come to be known as “popularism.” Its most prominent proponent is David Shor, one of McElwee’s best friends. A 30-year-old data analyst, Shor crunched numbers for Obama’s 2012 re-election campaign and later went to work for the progressive data firm Civis Analytics. In 2020, during the widespread protests after the murder of George Floyd, he tweeted, “Post-MLK-assassination race riots reduced Democratic vote share in surrounding counties by 2 percent, which was enough to tip the 1968 election to Nixon,” citing a study by the Black political scientist Omar Wasow, and noted that nonviolence was more politically effective. Online activists were furious, with some branding his tweet racist, and after a pressure campaign from outside and inside the firm, Civis fired him — making Shor a political martyr for those who believed the Democratic Party and progressive institutions had become too beholden to far-left activists and liberal political staff members.Now free to speak his mind, Shor co-founded the data-analytics firm Blue Rose Research and began tweeting more and giving lengthy interviews that expanded on his theory. “I think the core problem with the Democratic Party is that the people who run and staff the Democratic Party are much more educated and ideologically liberal and they live in cities, and ultimately our candidate pool reflects that,” he told The Times’s Ezra Klein last October. “If you look inside the Democratic Party, there are three times more moderate or conservative nonwhite people than very liberal white people, but very liberal white people are infinitely more represented. That’s morally bad, but it also means eventually they’ll leave.”Joining Shor and McElwee in the effort to propagate popularism are a host of other liberal-but-tacking-to-the-center writers and thinkers. Ruy Teixeira, a political scientist and co-author of the influential 2002 book “The Emerging Democratic Majority,” writes for a Substack newsletter called “The Liberal Patriot,” publishing missives on “The Democrats’ Common Sense Problem,” “The Democrats’ Working Class Voter Problem” and “The Bankruptcy of the Democratic Party Left.” Matthew Yglesias, a prodigious pundit who co-founded Vox in 2014 before leaving in 2020 because he felt hemmed in by the “young-college-graduate bubble” at the website, now writes his own Substack newsletter, “Slow Boring.” “Part of what we’re doing here is rediscovering old ideas,” Yglesias told me. “I sometimes use the phrase ‘the wisdom of the ancients.’ None of these popularism ideas are particularly original or say anything that people haven’t said for a long time. They just became unfashionable briefly.”Writing in The Nation last October, Elie Mystal accused Shor and his comrades of counseling Democrats to “figure out what the racists want and give it to them.” The popularists, Mystal continued, “would have us believe that by not addressing Black concerns, by refusing to deliver on promises to fix the election system, the immigration system and the police system, Democrats are actually helping themselves attract white voters and counterintuitively, shoring up support from non-college-educated Black people.”Other popularism critics question the wisdom of relying on polls to develop a “popular” agenda at a time when political polling has never been more unreliable. They also point out that popularism’s most prominent preachers are New York- and Washington-based college-educated white guys themselves, whose evidence for what working-class voters want is, the Johns Hopkins University political scientist Daniel Schlozman says, “either survey data or the limited interactions that fancy people have with not-fancy people.” Instead of trying to win over voters who most likely aren’t winnable, the liberal critique of popularism holds, Democrats should instead redouble their efforts to bring Black and Hispanic voters, as well as college-educated white voters, to the polls. “Overpowering Republicans with enthusiasm and turnout is the only way to beat them,” Mystal wrote, “because trying to appease them is both morally intolerable and strategically foolish.”Popularists argue that Democrats have already tried and failed to win elections with the enthusiasm-and-turnout model. “The other side gets to vote too,” Teixeira wrote in January, “and the very stark choices favored by those on the left may mobilize the other side just as much — maybe more! — than the left’s side.” (A recent review of 400 million voting records by the political scientist Michael Barber and the public-policy scholar John B. Holbein found that “minority citizens, young people and those who support the Democratic Party are much less likely to vote than whites, older citizens and Republican Party supporters.”) Over a recent lunch at a Chinese-Korean restaurant near Dupont Circle in Washington, Teixeira held out hope that after November, the wisdom of the popularists’ case will be even more apparent. “We’re probably going to have a very rough midterms, and the appetite for change among Democrats will grow,” he said. “Defeat tends to concentrate a party’s mind.”No matter how likely the prospect of humiliating defeat, it’s a job requirement of the D.C.C.C. chairman to exude pugnacious confidence. As even his harshest critics would concede, Sean Patrick Maloney, the first openly gay person to hold the post, has a knack for that part of the job. “Sean makes me think of the old adage about Irishmen,” says Representative Matt Cartwright of Pennsylvania, the only Democrat to win in a Trump district in 2016, 2018 and 2020 and one of three Frontliners from the Keystone State. “They see two people fighting, and they ask, ‘Is this a private fight or can anybody get in?’”Now in his sixth term representing a congressional district in the Hudson Valley, Maloney, 55, angled to run the House Democratic campaign arm for years: In 2017, he conducted an autopsy of the group’s poor performance in the previous year’s election; in 2018, he ran for its chairmanship before abandoning the race because of a medical emergency. That Maloney, a close ally of Pelosi’s, was finally elected D.C.C.C. chairman in late 2020, just in time to preside over the Democratic debacle that’s shaping up to be the 2022 midterms, can make him seem like the dog that caught the car — an analogy that he naturally rejected. “You’re not the first person who’s suggested that,” he said. “But I like that people are underestimating us.”Maloney was enjoying himself — sipping the remnants of a soda from Shake Shack, gesturing to the three aides monitoring our conversation — when we talked in the middle of March in the D.C.C.C.’s new Washington headquarters, where cubicle name plates provide both the job title and preferred pronouns of the mostly Gen Z employees.There was no denying the political headwinds Democrats were facing, but Maloney’s exuberance at the time didn’t seem entirely irrational: The D.C.C.C. was finishing up a record-breaking fund-raising quarter that would ultimately bring in north of $50 million — $11.5 million more than its Republican counterpart raised during the same stretch. Maloney pointed to the State of the Union address Biden gave earlier that month — “the first time in a long time the American people got to see, without a filter, the guy they actually voted for” — and the job Biden was doing marshaling international support for Ukraine — “the most impressive presidential performance since the first Gulf War.” He believed both would improve Biden’s languishing support, which in turn would redound to the Democrats’ benefit in November. (Since then, Biden’s approval rating has dipped below 40 percent and the number of House seats Democrats are predicted to lose has increased.)More than money and polls, what was fueling Maloney’s swagger that afternoon was maps. At the start of the redistricting process that followed the 2020 census, Republicans appeared to hold the upper hand, with total control of the process in 19 states. Indeed, some election experts predicted that the G.O.P. would be able to retake the House in 2022 based solely on gains from newly redrawn congressional maps. But working closely with Democratic officials in the handful of states where they controlled redistricting — including Illinois, Maryland and New Mexico — Maloney and the D.C.C.C. were able to engineer Democratic gains through aggressive gerrymandering of their own. Maloney’s most audacious move was in his home state of New York. There, Democratic legislators went around an independent redistricting commission and approved a heavily gerrymandered map. Their party gained an advantage in 22 out of 26 House districts, halving the number of safe Republican seats from eight to four.When I met with Maloney at the D.C.C.C., it looked as if Democrats had not just fought Republicans to a draw in the redistricting battle but had actually gained a few seats. “We beat ’em,” Maloney crowed. Of course, one driver of the political polarization that Maloney and other moderate Democrats denounce is the sort of aggressive gerrymandering that creates so many safe seats and so few competitive ones: In 2022, fewer than 40 seats out of 435 are considered competitive — in other words, seats in districts that Biden or Trump won by 5 percent or less in 2020.“Competitive districts marginalize ideological extremism and foster moderation in Congress,” Richard H. Pildes, a New York University law professor, has written. “Safe seats foster extremism.” Given that reality, I asked Maloney if he had any mixed feelings about the victory, considering the Democrats achieved it with such extreme gerrymanders — noting, of course, that Republicans would have done the same thing if given the opportunity. “They did have the opportunity and they [expletive] it up,” he shot back. “That’s what beating them means.”But the beatdown would prove ephemeral. Later that month, a Maryland judge threw out the state’s congressional map, calling it an “extreme partisan gerrymander.” A week after that, a judge in New York ruled that state’s new map unconstitutional. In May, the New York judge approved a new congressional map, drawn by a Carnegie Mellon political scientist, that undid all of the Democratic gains by creating what experts deemed 15 safely Democratic seats, five safely Republican seats and six tossups. Adding to New York Democrats’ misery, the new map either eliminated or drastically altered the districts of at least six Democratic incumbents.One of them was Maloney. An hour after the new, court-ordered maps were released, he announced on Twitter that he was switching from the Hudson Valley district he has represented since 2013 to a neighboring, now bluer district rooted in Westchester County but extending north to Putnam County, where he lives. (Members of Congress are not required to live in the district they represent.) The only problem? Much of the district he was moving to is currently represented by his Democratic colleague Mondaire Jones. The prospect of the Democrats’ midterms chief forcing a member-on-member primary — much less a member-on-member primary involving a Black freshman incumbent like Jones — did not go over well with many House Democrats. Suddenly, all the internecine Democratic tensions that were Maloney’s job to resolve, or at the very least elide, were focused squarely on him.“Sean Patrick Maloney did not even give me a heads up before he went on Twitter to make that announcement,” Jones told Politico. “And I think that tells you everything you need to know about Sean Patrick Maloney.” Representative Ritchie Torres of New York, a Black freshman member like Jones, complained about the “thinly veiled racism” of Maloney’s maneuverings. Others noted the presumption of Maloney, the man tasked with protecting the Democrats’ House majority, creating an open seat and giving Republicans a better opportunity to win his current district this fall. Ocasio-Cortez called on Maloney to step down as D.C.C.C. chairman if he wound up in a primary versus Jones.In the end, Jones switched from his Westchester district to a new one miles away in New York City. But that didn’t completely defuse the situation. Alessandra Biaggi, a progressive New York state senator from Westchester, decided to challenge Maloney in the August primary, securing the endorsement of Ocasio-Cortez. Biaggi attacked Maloney not just as “an establishment, corporatist” Democrat but for putting his own political fortunes above those of the Democratic Party’s. “What hurt the party was having the head of the campaign arm not stay in his district,” she told reporters, “not maximize the number of seats New York can have to hold the majority.”“This is so counterproductive,” Jim Messina, Obama’s 2012 campaign manager, wrote on Twitter about Ocasio-Cortez’s support of Biaggi’s primary challenge to Maloney. “The Supreme Court is about to outlaw abortion. We could lose both houses. So we are going to focus our time running against each other. Now we’re primarying committed progressives because … why? If we lose the House it’s because of dumb [expletive] like this.”With their majority or their own re-elections in doubt, many House Democrats are already heading for the exits in a pre-midterm exodus. So far, 33 House Democrats have announced that they will not compete for their seats in November. Some are leaving to run for other offices, but most are retiring. And while some Democratic retirees represent solidly blue districts and will almost certainly be replaced by other Democrats, many of them hold the sort of purple — or even red — seats that Democrats have little chance of keeping unless they have an incumbent running.In the middle of March, the mood was funereal in the office of Stephanie Murphy, a Democratic congresswoman from Florida who announced last December that she would not be running again for her purple Orlando-area seat. She had just watched the Ukrainian president Volodymyr Zelensky give a video address to a joint session of Congress, during which he shared footage of Ukrainian women and children packing bags and weeping as they said goodbye to their husbands and fathers who were staying to fight the Russians. Murphy, whose family escaped Vietnam by boat when she was an infant, wiped away tears. “I’m a little emotional about it,” she explained. “Those images have been hard for me to watch.”As Murphy reflected on her time in Congress, her emotions seemed no less raw. She was first elected to the House in 2016, defeating a 12-term Republican incumbent whose district had become more Democratic after the state Supreme Court made lawmakers redraw Florida’s congressional lines. But it was hardly blue and Murphy won by hewing to the center on fiscal issues and foreign policy.Once in Washington, she joined the Blue Dogs. In the group’s early years, most of its members were older white men from the South who were not just fiscal conservatives but cultural ones as well — firm in their opposition to gun control, abortion and gay people serving in the military. In 2018, when Murphy, an Asian American woman who just turned 40, became the group’s co-chairwoman, it was a sign of how even the Blue Dogs had changed amid the Democratic Party’s leftward march. “I’d love for the world to stop using ‘conservative Democrat’ to define Blue Dogs,” Murphy told The Washington Post. “Because I am pro-choice, I am unabashedly pro-L.G.B.T.Q., I am pro-gun-safety.” (In addition to Murphy, the Blue Dogs also now have two Black and four Hispanic members.)Stephanie Murphy, a Democratic congresswoman from Florida.Chip Somodevilla/Getty ImagesMurphy preferred to describe herself as a moderate; her main areas of disagreement with her fellow House Democrats were about national security and pocketbook issues (she supported a law that toughened penalties for deported immigrants who try to re-enter the United States and another that allows new businesses to deduct more of their start-up expenses). For her first two years in Congress, with Trump as president and Democrats in the minority, she was able to stake out moderate positions with little pushback from members of her caucus. But after 2018, when Democrats took back the House, her moderation became a sore point.Understand the 2022 Midterm ElectionsCard 1 of 6Why are these midterm races so important? More

  • in

    Federal Agents Seized Phone of John Eastman, Key Figure in Jan. 6 Plan

    The action suggests that the criminal inquiry is accelerating into the efforts to help overturn the results of the 2020 election.Federal agents armed with a search warrant have seized the phone of John Eastman, a lawyer who advised former President Donald J. Trump on key elements of the effort to overturn the results of the 2020 election, according to a court filing by Mr. Eastman on Monday.The seizure of Mr. Eastman’s phone is the latest evidence that the Justice Department is intensifying its sprawling criminal investigation into the various strands of Mr. Trump’s efforts to remain in power after he was defeated for re-election.In the past week alone, the department has delivered grand jury subpoenas to a variety of figures with roles in backing Mr. Trump’s efforts and it carried out at least one other search of a key figure.The filing by Mr. Eastman, a motion to recover property from the government, said that F.B.I. agents in New Mexico, acting on behalf of the Justice Department’s Office of the Inspector General, stopped Mr. Eastman as he was leaving a restaurant last Wednesday and seized his iPhone.A copy of the warrant included as an exhibit in Mr. Eastman’s filing said that the phone would be taken to either the Justice Department or the inspector general’s forensic lab in Northern Virginia.According to the filing, the seizure of Mr. Eastman’s phone came on the same day that federal agents raided the home and seized the electronic devices of Jeffrey Clark, a former Justice Department official who was central to Mr. Trump’s attempts to coerce the department’s leaders into backing his false claims of fraud in the election.The inspector general’s office, which has jurisdiction over investigations of Justice Department employees, also issued the warrant in the search of Mr. Clark’s home, a person familiar with the investigation said. The warrant indicated that prosecutors are investigating Mr. Clark for charges that include conspiracy to obstruct the certification of the presidential election, the person familiar with the investigation said.A spokesman for the U.S. attorney’s office in Washington, which is overseeing the inquiry, declined to comment on Mr. Eastman’s court filing.With Mr. Eastman and Mr. Clark, the department is gathering information about two lawyers who were in close contact with Mr. Trump in the critical weeks before the Jan. 6, 2021, attack on the Capitol by a pro-Trump mob.The advice they were giving Mr. Trump involved separate but apparently intersecting proposals to provide him with a means of averting his defeat, with Mr. Clark focused on using the power of the Justice Department on Mr. Trump’s behalf and Mr. Eastman focused on disrupting the congressional certification of the election’s outcome.Jeffrey Clark at a news conference in October 2020.Yuri Gripas/ReutersThe search warrant executed on Mr. Eastman by the inspector general’s office may have been issued because of his connections to Mr. Clark, which were briefly touched on at a hearing by the House select committee on Jan. 6 last week, a day after the raids on the two men.At the hearing, Representative Liz Cheney, Republican of Wyoming and the panel’s vice chairwoman, said that Ken Klukowski, a Justice Department lawyer who was in contact with Mr. Eastman, also helped Mr. Clark draft a letter to Gov. Brian Kemp of Georgia stating falsely that the Justice Department had identified “significant concerns” about the “outcome of the election” in Georgia and several other states.The letter further recommended that Mr. Kemp call a special session of the state legislature to create “a separate slate of electors supporting Donald J. Trump.”Mr. Klukowski, who briefly served under Mr. Clark at the Justice Department and had earlier worked at the White House budget office, also “worked with John Eastman,” Ms. Cheney said during the hearing. She went on to describe Mr. Eastman as “one of the primary architects of President Trump’s scheme to overturn the election.”Ken Klukowski, center, a Justice Department lawyer who was in contact with Mr. Eastman, arrived for a meeting with the Jan. 6 House select committee late last year.Al Drago for The New York TimesThe inspector general’s office has the authority to look into any public corruption crimes committed by Justice Department personnel, said Michael R. Bromwich, a former department inspector general during the Clinton administration.“Those investigations can lead to people and places outside the Justice Department,” Mr. Bromwich said. “There must be a connection between Eastman and someone who worked at the department.”Key Revelations From the Jan. 6 HearingsCard 1 of 6Making a case against Trump. More

  • in

    Election Workers Don’t Feel Safe Despite Federal Effort to Combat Threats

    WASHINGTON — “Do you feel safe? You shouldn’t.”In August, 42-year-old Travis Ford of Lincoln, Neb., posted those words on the personal Instagram page of Jena Griswold, the secretary of state and chief election official of Colorado. In a post 10 days later, Mr. Ford told Ms. Griswold that her security detail was unable to protect her, then added:“This world is unpredictable these days … anything can happen to anyone.”Mr. Ford paid dearly for those words. Last week, in U.S. District Court in Lincoln, he pleaded guilty to making a threat with a telecommunications device, a felony that can carry up to two years in prison and a fine of up to $250,000. He did not immediately respond to a request for comment.But a year after Attorney General Merrick B. Garland established the federal Election Threats Task Force, almost no one else has faced punishment. Two other cases are being prosecuted, but Mr. Ford’s guilty plea is the only case the task force has successfully concluded out of more than 1,000 it has evaluated.Public reports of prosecutions by state and local officials are equally sparse, despite an explosion of intimidating and even violent threats against election workers, largely since former President Donald J. Trump began spreading the lie that fraud cost him the 2020 presidential election.Colorado alone has forwarded at least 500 threats against election workers to the task force, Ms. Griswold said.The sluggish pace has sparked consternation among both election workers and their supporters, some of whom say they are souring on the idea of reporting the menacing messages to prosecutors if nothing comes of it.“The reaction usually is ‘Thank you for reporting that; we’ll look into it,’ and there’s no substantive follow-up to understand what they’re doing,” said Meagan Wolfe, the president of the National Association of State Election Directors. That leads some “to feel there isn’t adequate support that can deter people from doing this in the future,” she added.U.S. Attorney General Merrick Garland formed the Election Threats Task Force in June 2021.Kenny Holston for The New York TimesThe depth of election workers’ fear was underscored in hearings this month by the congressional panel investigating the Jan. 6, 2021, assault at the U.S. Capitol. Ruby Freeman and Shaye Moss, who are mother and daughter and both election workers in Atlanta, told of being forced into hiding by a barrage of threats in December 2020, after being falsely accused of election fraud by Rudy Giuliani, who was then Mr. Trump’s personal lawyer. Protesters tried to enter a relative’s house in search of the two. Eventually, they quit their positions.That is not the norm, but neither is it uncommon. Ms. Griswold said one Colorado county clerk wears body armor to work, and another conducts business behind bulletproof glass.“In my experience, if someone is telling you over and over how they’re going to hang you, asking you the size of your neck so they can cut the rope right, you have to take the threats really seriously,” she said, citing threats she had received.The city clerk in Milwaukee, Claire Woodall-Vogg, said she had “completely redesigned our office at City Hall for safety reasons” after receiving hundreds of threats, which she said had been forwarded to the task force.An investigation by Reuters in September turned up more than 100 threats of death or violence to election officials in eight battleground states, which at that time had produced four arrests and no convictions.A survey in March by the Brennan Center for Justice found that one in six local election officials have personally experienced threats, and nearly a third said they knew people who had left their jobs at least in part because of safety concerns.Justice Department officials declined to comment on the task force’s progress. The department has said previously that the task force was tracking and logging election-related threats, and had opened dozens of criminal investigations as a result. That led to charges in February against men from Texas and Nevada and the recent guilty plea in Nebraska.Claire Woodall-Vogg, the city clerk in Milwaukee, had to reconfigure the clerk’s office due to safety concerns.Scott Olson/Getty ImagesThe task force also has conducted training and education sessions on threats with state and local law enforcement and election officials and social media platforms. Each of the 56 F.B.I. field offices has assigned an agent to collect and analyze threat reports, and federal prosecutors have been trained in assessing and investigating threats.The trickle of prosecutions in the wake of those moves is explained in part by federal law, which defines illegal threats extremely narrowly in the name of preserving the constitutional right to free speech.“You need to say something like, ‘I am going to kill you.’ It can’t be ‘Someone ought to kill you,’” said Catherine J. Ross, a professor and expert on First Amendment law at George Washington University. “That’s a very high bar, and intentionally a high bar.”That so-called true threat doctrine classifies even many extreme statements as protected political speech. That rules out charges in a great many cases of threats against election officials — even when the recipients feel terrified for their lives.Joanna Lydgate, founder and chief executive officer of the bipartisan legal watchdog organization States United Democracy Center, said she was encouraged to see results from the task force and understood, “These cases can be challenging to bring, and they take time.”She said: “We definitely hope to see more of this from DOJ, because investigating these threats, building these cases and holding people accountable is critically important, especially as we’re looking toward the midterms.”In Arizona, the office of Secretary of State Katie Hobbs has reported more than 100 threats to the F.B.I. in the last year, said a spokeswoman, C. Murphy Hebert. Ms. Hebert said she was confident that the task force was reviewing those threats, but that could be cold comfort to recipients who have not seen results.“For the folks monitoring and the folks being targeted, a hundred messages saying ‘You should die’ is pretty threatening,” she said. “But based on what we know of the process,” they are not actionable, she said.Protesting supporters of U.S. President Donald J. Trump are reflected in a window of a tabulation center during the 2020 presidential election in Maricopa County, Ariz.Jim Urquhart/ReutersMatt Crane, the executive director of the Colorado County Clerks Association, said threats sent to him in the past year included voice mail and online chatter urging that he, his wife and children be shot in the head. He said he had reported at least one threat to the F.B.I.But while the bureau has helped clarify how its threat review process works and has met with local clerks, he said, he still does not know whether his report was followed up on.“It does not give a lot of comfort to the people who receive threats,” he said. “I’ve heard some say: ‘Why should I report it? I’m better off just carrying my gun with me and if something happens, at least I can do something to protect myself.’”Other experts say the lack of both action and transparency was undermining the principal goal of the task force — to stop the epidemic of violent threats.“Three prosecutions in a year for a problem that is nationally widespread seems awfully low,” said David J. Becker, a onetime voting rights lawyer at the Justice Department who now directs the nonprofit Center for Election Innovation & Research. “Whether accurate or not, the impression among election officials is that the effort the Department of Justice launched with great fanfare a year ago isn’t getting the job done.”The Brennan Center report in March found that more than half the threats against election officials who were polled had gone unreported, and that a vast majority of threats were forwarded to local law enforcement agencies, not state or federal law enforcement.Four in 10 election officials said they had never heard of the task force. And while the Justice Department has increased outreach to election officials and publicized a hotline that can be used to report complaints, “there is really very little detail about what happens when complaints are made,” said Lawrence Norden, the senior director of the center’s Elections and Government Program.“Election officials rightly feel that public repercussions for these threats are going to be critical to curtailing them,” he said. But, so far, there have been too few court cases to provide any sense that offenders will be held accountable.Until that changes — if it does — election officials need more reassurance that law enforcement has their back, he and others said.“You have a lot more election officials who are exercising their Second Amendment rights than before 2020,” said Mr. Crane, the head of the Colorado clerks association. “It only takes one of these crazy people to show up at your doorstep.” More