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    Jan. 6 Panel Subpoenas 5 Republicans, Including McCarthy

    The leaders of the House committee investigating the Capitol attack demanded testimony from Representative Kevin McCarthy, the minority leader, and four of his colleagues.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol issued subpoenas on Thursday to five Republican members of Congress, including Representative Kevin McCarthy, the minority leader, a significant escalation as it digs deeper into the role Republicans played in attempts to overturn the 2020 election.The panel’s move was an extraordinary step in the annals of congressional investigations — a committee targeting sitting lawmakers, including a top party leader, who have refused to cooperate in a major inquiry into the largest attack on the Capitol in centuries.It reflected the belief among investigators that a group of Republican members of Congress loyal to former President Donald J. Trump had played crucial roles in the events that led to the assault on their own institution, and may have hidden what they know about Mr. Trump’s intentions and actions before, during and after the attack.Mr. McCarthy, the Californian who is in line to be speaker if his party wins the House majority in November, had a heated phone call with Mr. Trump during the riot, in which he implored the president to call off the mob invading the Capitol in his name. When Mr. Trump declined, according to Representative Jaime Herrera Buetler, a Washington Republican who has said Mr. McCarthy recounted the exchange to her, Mr. Trump sided with the rioters, saying, “Well, Kevin, I guess these people are more upset about the election than you are.”Mr. McCarthy also told fellow Republican leaders privately days later that Mr. Trump had conceded in another phone call that he bore “some responsibility” for the attack.The panel also issued subpoenas for other Republicans who it said played central roles in the former president’s scheme to use Congress to help him overturn the 2020 election. Representative Scott Perry of Pennsylvania coordinated a plan to try to replace the acting attorney general after he resisted Mr. Trump’s false claims of widespread voting fraud. Representative Jim Jordan of Ohio, one of Mr. Trump’s most outspoken defenders, was deeply involved in the effort to invalidate the election results.Representative Mo Brooks of Alabama was a ringleader of the Republican effort to lodge formal challenges to the counting of electoral votes from battleground states on Jan. 6, 2021, and has said Mr. Trump has pressured him in the months since to help reinstate him to the presidency. The committee also summoned Representative Andy Biggs of Arizona, the former leader of the ultraconservative House Freedom Caucus who tried to persuade state legislators to join Mr. Trump’s push to overturn the 2020 election.All five have refused requests for voluntary interviews about the roles they played in the buildup to the attack by supporters of the former president who believed his lie of widespread election fraud, and most continued to denigrate the committee after the subpoenas were issued.Mr. McCarthy told reporters on Capitol Hill on Thursday that he had not yet seen the subpoena.The panel wants to question Representative Andy Biggs about evidence it had obtained on efforts by certain House Republicans to seek a presidential pardon after Jan. 6.Tom Brenner for The New York Times“My view on the committee has not changed,” he said. “They’re not conducting a legitimate investigation. It seems as though they just want to go after their political opponents.”Mr. Perry called the investigation “a charade” and a “political witch hunt” by Democrats that is “about fabricating headlines and distracting the Americans from their abysmal record of running America into the ground.”The subpoenas come as the committee is preparing for a series of public hearings next month to reveal its findings. The eight hearings are scheduled to take place over several weeks beginning on June 9, some during prime time in an effort to attract a large television audience.“The select committee has learned that several of our colleagues have information relevant to our investigation into the attack on Jan. 6 and the events leading up to it,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement. “Before we hold our hearings next month, we wished to provide members the opportunity to discuss these matters with the committee voluntarily. Regrettably, the individuals receiving subpoenas today have refused, and we’re forced to take this step to help ensure the committee uncovers facts concerning Jan. 6.”The committee’s leaders had been reluctant to issue subpoenas to their fellow lawmakers. It is a rare step for a congressional panel, other than the House Ethics Committee, which is responsible for investigating allegations of misconduct by members.For weeks, members and investigators on the special House panel have privately agonized over how aggressively to pursue sitting members of Congress, weighing their desire for information about lawmakers’ direct interactions with Mr. Trump against the potential legal difficulty and political consequences of doing so.Behind closed doors, committee and staff members researched the law, parliamentary rules and past precedents before deciding to proceed, people familiar with the inquiry said.In letters to the lawmakers sent on Thursday, Mr. Thompson wrote that their refusal to cooperate had left the panel with “no choice” but to issue subpoenas.Representative Liz Cheney, Republican of Wyoming and the vice chairwoman of the committee, said the decision was not made lightly. “It’s a reflection of how important and serious the investigation is, and how grave the attack on the Capitol was,” she said.The subpoena to Mr. McCarthy is particularly noteworthy given his position at the top of his party. Should he refuse to comply, it could set in motion a process that could lead to a Democratic-controlled House holding him in contempt of Congress as the midterm elections loom.The committee has thus far recommended four criminal contempt of Congress charges against witnesses who have refused to cooperate. That charge carries up to a year in jail and a $100,000 fine.Panel members declined to comment on Thursday about whether they would recommend a charge against the sitting Republican lawmakers should they refuse to comply.Representative Liz Cheney said the decision to issue subpoenas was not made lightly.Tom Brenner for The New York TimesMr. McCarthy has long feared being subpoenaed in the investigation. In recent months, he has been in discussions with William A. Burck, a longtime Washington lawyer, about how to fight a subpoena.Congressional Republicans were deeply involved in several aspects of the plans to keep Mr. Trump in office: They joined baseless lawsuits, spread the lie of widespread election fraud and objected on Jan. 6 to certifying President Biden’s victory in multiple states.The committee wants to question Mr. McCarthy about conversations he had after the attack about the president’s culpability in the assault and what should be done to address it. The committee has also suggested that Mr. Trump may have influenced Mr. McCarthy’s refusal to cooperate with the investigation.Mr. McCarthy issued a blistering statement in January condemning the committee as illegitimate and saying he would not cooperate with its inquiry. He has argued that the panel was violating the privacy of Republicans through subpoenas for bank and phone records. Mr. McCarthy also denounced Speaker Nancy Pelosi of California for having rejected two of his five choices to sit on the panel, one of whom was Mr. Jordan, and boycotted the inquiry.Ms. Pelosi added two Republicans of her choosing — Ms. Cheney and Representative Adam Kinzinger of Illinois, both outspoken critics of Mr. Trump — to the panel.The committee informed Mr. Jordan by letter in December that its investigators wanted to question him about his communications in the run-up to the Capitol riot. Those include Mr. Jordan’s messages with Mr. Trump and his legal team as well as others involved in planning rallies on Jan. 6 and congressional objections to certifying Mr. Biden’s victory.In the weeks after the 2020 election, Mr. Perry, a member of Congress since 2013 who is close to Mr. Jordan, compiled a dossier of voter fraud allegations and coordinated a plan to try to replace the acting attorney general, who was resisting Mr. Trump’s attempts to overturn the election, with a more compliant official. Mr. Perry also endorsed the idea of encouraging Mr. Trump’s supporters to march on the Capitol on Jan. 6.In a letter to Mr. Biggs, the committee’s leaders wrote that they wanted to question him about evidence they had obtained about efforts by certain House Republicans to seek a presidential pardon after Jan. 6 in connection with Mr. Trump’s efforts to overturn the 2020 election.And the panel said it wanted to question Mr. Brooks about statements he made in March claiming that Mr. Trump had asked him repeatedly in the months since the election to illegally “rescind” the results, remove Mr. Biden and force a special election so that Mr. Trump could return to the presidency.The panel has conducted more than 1,000 interviews with witnesses, but needed to hear from members of Congress who were involved in the president’s plans, said Representative Adam B. Schiff, Democrat of California and a member of the committee, who called the subpoenas a “big step” for the inquiry.“What I’m most concerned about is that if Republicans should ever get near the gavel, that they will overturn the next election if Trump loses again,” Mr. Schiff said, adding that more subpoenas for members of Congress were “possible.”The Republicans could argue that their official actions — such as objecting to Mr. Biden’s victory on the floor of the House on Jan. 6 — are protected by the so-called speech or debate clause of the Constitution, intended to preserve the independence of the legislative branch.The clause says that senators and representatives “shall not be questioned in any other place” about any speech or debate in either chamber. It has been broadly interpreted to cover all legislative actions, not just words. On its face, however, that clause is limited to questioning them in “other” places, like courtrooms.The committee has also sought an interview with Representative Ronny Jackson of Texas, Mr. Trump’s former White House doctor, about why he was mentioned in encrypted messages from the Oath Keepers militia group, some of whose members have been charged criminally in connection with the attack.Mr. Jackson has also refused to voluntarily cooperate, but he was not among those issued a subpoena on Thursday.Ms. Pelosi declined to comment on the action. Representative Steny H. Hoyer of Maryland, the No. 2 House Democrat, said he was not worried about whether Republicans would try to seek revenge by issuing their own subpoenas of Democratic lawmakers if they won the House.“We ought to all be subject to being asked to tell the truth before a committee that is seeking information that is important to our country and our democracy,” Mr. Hoyer said.Michael S. Schmidt More

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    Trump’s Former Aides and Advisers on the Peril He Poses

    Former Secretary of Defense Mark Esper agreed with an interviewer that President Trump posed “a threat to democracy.” Other former administration officials have expressed similar concerns.In his new book “A Sacred Oath,” released earlier this week, Mark T. Esper, the former defense secretary, revealed that President Donald J. Trump in 2020 had floated the idea of launching missiles into Mexico to “destroy the drug labs” and asked why the military could not “just shoot” racial justice protesters in Washington in the legs.Mr. Esper also described his concerns that Mr. Trump might misuse the military during the 2020 election, for example by asking soldiers to seize ballot boxes.On Monday, when a Fox News host asked if he thought President Trump “was a threat to democracy,” Mr. Esper was blunt.“I think that given the events of Jan. 6, given how he has undermined the election results, he incited people to come to D.C., stirred them up that morning and failed to call them off, to me that threatens our democracy,” he said.“So, yes?” asked the host, Bret Baier.Mr. Esper replied: “What else can you conclude, Bret?”That comment, from a man who has also served as secretary of the Army and chief of staff of the conservative Heritage Foundation, was seen by some as a startlingly direct condemnation. But Mr. Esper was not the first former Trump administration official to go beyond criticisms of President Trump’s temperament or specific policies to say he posed a threat to American democracy itself.Here is a compilation of comments by Mr. Esper and other former officials, made during and after President Trump’s term in office.In a new book, Mr. Esper said that President Trump in June 2020 asked him why the military could not “just shoot” racial justice protestors in Washington in the legs.Erin Schaff/The New York TimesMARK T. ESPER, secretary of defense (July 2019-November 2020)“It was a very troubling event. The moment, it was an insurrection, an attempt to overturn a free and fair election and to prevent the peaceful transfer of power. And it [sic] was right to be impeached.”— Interview with Judy Woodruff, “PBS NewsHour,” May 6, commenting on the Jan. 6 insurrectionSTEPHANIE GRISHAM, White House press secretary and communications director (July 2019-April 2020)“Everybody’s showing their fealty to them, he’s on his revenge tour to people who dared to vote for impeachment. I want to just warn people, once he takes office, if he were to win, he doesn’t have to worry about re-election anymore, he will be about revenge, he will probably have some pretty draconian policies.”— Interview on “Good Morning America,” Oct. 4, 2021, in which she also said she would urge Mr. Trump “not to run” in 2024MILES TAYLOR, chief of staff, Department of Homeland Security (February 2019-September 2019) and author of the anonymously published book “A Warning”“I’m still astounded by the countless Trump officials who privately agreed with me that he was a threat to democracy yet *still* remain silent. Why?”— Twitter, June 11, 2021JOHN F. KELLY, secretary of homeland security (January 2017-July 2017) and White House chief of staff (July 2017-January 2019)“What happened on Capitol Hill yesterday is a direct result of his poisoning the minds of people with the lies and the frauds.”— Interview with Jake Tapper, CNN, Jan. 7, 2021Other former administration officials who have publicly expressed concern over dangers President Trump might pose to democracy include the former defense secretary James N. Mattis.Stefani Reynolds for The New York TimesH.R. MCMASTER, former national security adviser (February 2017-April 2018)“It’s a gift to our adversaries, who want to shake our confidence in who we are, shake our confidence in our democratic principles and institutions and processes.”— Interview with Chuck Todd on “Meet the Press,” Sept. 27, 2020, commenting on President Trump’s refusal to commit to a peaceful transfer of power if he lost the electionJOHN R. BOLTON, former national security adviser (April 2018-Sept. 2019)“The concern I have, speaking as a conservative Republican, is that once the election is over, if the president wins, the political constraint is gone. And because he has no philosophical grounding, there’s no telling what will happen in a second term.”— Interview with Martha Raddatz, ABC News, June 21, 2020, in which he also said President Trump posed a “danger for the republic”JAMES N. MATTIS, secretary of defense (January 2017-January 2019)“When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution. Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the constitutional rights of their fellow citizens — much less to provide a bizarre photo op for the elected commander in chief, with military leadership standing alongside.”“We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution.”— Statement published by The Atlantic, June 3, 2020, following the clearing of protesters from Lafayette Square in Washington, D.C.REX W. TILLERSON, former secretary of state (February 2017-March 2018)“If our leaders seek to conceal the truth, or we as people become accepting of alternative realities that are no longer grounded in facts, then we as American citizens are on a pathway to relinquishing our freedom.”“If we do not as Americans confront the crisis of ethics and integrity in our society and among our leaders in both the public and private sector — and regrettably at times even the nonprofit sector — then American democracy as we know it is entering its twilight years.”— Commencement speech at Virginia Military Institute, May 16, 2018 More

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    Hard-Liners Gain in Pennsylvania G.O.P. Races, Worrying Both Parties

    Doug Mastriano and Kathy Barnette are amplifying Donald Trump’s stolen-election lie in two key races. Republicans fear they could lose in November. Democrats fear they could win.ERIE, Pa. — Republican voters in Pennsylvania, one of the nation’s most hotly contested political battlegrounds, appear to be rallying behind two hard-right candidates for governor and the Senate who are capturing grass-roots anger, railing against the party’s old guard and amplifying Donald Trump’s stolen-election myth.With less than a week until the state’s primary election on Tuesday, polls show that State Senator Doug Mastriano — one of the state’s central figures in the former president’s efforts to overturn the 2020 election — has emerged as the clear front-runner in the G.O.P. race for governor. The candidate for Senate, Kathy Barnette, an underfunded conservative commentator who has never held public office, has made a surprise late surge in the contest that had been dominated by two big-spending rivals, Dr. Mehmet Oz and David McCormick.Mr. Mastriano has made claims of election fraud a central plank of his bid to lead a state that could be decisive in the 2024 presidential race. Ms. Barnette has a history of incendiary remarks, including repeatedly calling former President Barack Obama an adherent of Islam, which she said should be banned, and derisively writing about “the homosexual agenda.” Both candidates have endorsed each other, forging an important alliance.Now, Republicans are concerned about losing both races in November if primary voters embrace such out-of-the-mainstream candidates.Several Republican rivals to Mr. Mastriano have been gathering on private conference calls in recent days in a last-minute attempt to stop him. All agree that he would be a drag on the party, though Mr. Mastriano has yet to sustain any serious coordinated attacks. Two rivals, State Senator Jake Corman and former Representative Lou Barletta, have set a joint event on Thursday, suggesting that the field might soon consolidate, at least slightly.Democrats harbor their own fear: that the bleak 2022 political environment could nonetheless sweep into power Republicans who, in a less hostile climate, might seem unelectable.Kathy Barnette, a Republican candidate for Pennsylvania’s open U.S. Senate seat, at a candidate forum in Newtown, Pa., on Wednesday.Kriston Jae Bethel for The New York Times“Like a lot of Democrats, I’m schizophrenic on this — rooting for the crazy person because it gives us the best chance to win. But at the same time it could give us a crazy senator or a crazy governor, or both,” said Mike Mikus, a Pennsylvania-based Democratic strategist.For years, Pennsylvania has been one of the nation’s quintessential swing states, in which the clearest path to power was through the middle ground between the Democratic and Republican parties. This year’s open seats are because Senator Pat Toomey, a Republican, is retiring and Gov. Tom Wolf, a Democrat, is term-limited.“Pennsylvania is not real good about that extreme on either side,” said Rob Gleason, a former Pennsylvania Republican Party chairman, who was one of Mr. Trump’s chief supporters in the state in 2016 but now worries about Mr. Mastriano in 2022. “No matter what you say, it’s kind of a down-the-middle type of a state.”In Pennsylvania, the governor appoints the secretary of state, the position that oversees state elections, meaning whoever wins the governorship will be overseeing the administration of one of the most coveted swing states in the 2024 presidential race.State Attorney General Josh Shapiro, the presumptive Democratic nominee for Pennsylvania governor, met with environmental advocates in Philadelphia last month.Matt Rourke/Associated PressFor months, the Senate race has been seen chiefly as a heavyweight bout between Dr. Oz, the television personality, and Mr. McCormick, the former chief executive of the world’s largest hedge fund. They and their allies have combined to spend nearly $40 million on television ads. Ms. Barnette, who ran for the House in 2020 in a Philadelphia suburb and lost by nearly 20 percentage points, had rated somewhere between afterthought and asterisk in the race until recently. But a Fox News poll on Tuesday showed the race a virtual three-way tie.To date, Ms. Barnette’s growth has been almost entirely organic, fueled by her sharp debate performances, conservative media appearances and compelling life story, which she told in her book, “Nothing to Lose, Everything to Gain: Being Black and Conservative in America.”A “byproduct of a rape,” as she describes herself, when her mother was only 11, Ms. Barnette talks about growing up “on a pig farm” in Alabama without running water and how her success represents the kind of American dream story that is now at risk.In the final week, Ms. Barnette is receiving some crucial institutional backing: the endorsement of the anti-abortion group Susan B. Anthony List on Tuesday and a $2 million television advertising blitz funded by the Club for Growth, which is broadcasting her up-from-the-bootstraps message statewide.The Club for Growth, one of the biggest spenders in Republican politics, has feuded recently with Mr. Trump after running ads attacking J.D. Vance, the Republican Senate candidate in Ohio, even after Mr. Trump endorsed him. Mr. Vance won that primary, and Mr. Trump has endorsed Dr. Oz in Pennsylvania.Kathy Barnette, second from left, and Mehmet Oz, third from left, with other Republican candidates for Senate last month at a forum in Camp Hill, Pa.Matt Rourke/Associated PressIn some ways, Ms. Barnette’s candidacy is a test of whether the movement that elected Mr. Trump has taken on a life of its own. “MAGA does not belong to President Trump,” Ms. Barnette said in one April debate.Both Dr. Oz and Mr. McCormick have wooed Mr. Trump’s supporters, though it has been an awkward fit. Dr. Oz was booed at a Trump rally, Mr. McCormick was rejected by Mr. Trump, and both have faced questions of carpetbagging in a state where they did not recently live full time.Ms. Barnette has offered herself as an authentic and unfiltered version of what the Republican base wants. “Listen, this time, you do not have to hold your nose and vote for the lesser of two evils,” she said at another debate.She has also made plain that there will be no pivot to the middle if she makes it to the fall campaign.“There’s been a longstanding tradition that we want to get as moderate of a Republican coming out of the primary — someone palatable — for the general,” she said in an interview on Wednesday night at a candidate forum in eastern Pennsylvania. “In doing this, how has that worked out for them? It hasn’t really worked out very well.”In the governor’s race, the presumptive Democratic nominee, Attorney General Josh Shapiro, began running television ads last week featuring a narrator touting Mr. Mastriano’s conservative credentials: “If Mastriano wins, it’s a win for what Donald Trump stands for.” Mr. Trump has not endorsed in that contest.On Tuesday, Mr. Mastriano campaigned in Erie, Pa., with Jenna Ellis, the former co-counsel for the Trump campaign’s effort to overturn the 2020 election.“Doug Mastriano, I like to say, is the Donald Trump of Pennsylvania,” Ms. Ellis said.Mr. Mastriano was a key figure in Mr. Trump’s effort to overturn the results in Pennsylvania, a state he lost by 81,000 votes. As a freshman state senator, he held a hearing in November 2020 featuring Ms. Ellis and the Trump lawyer Rudy Giuliani, visited the White House shortly afterward and remained in close contact with the Trump team. State Senator Doug Mastriano speaking to Trump supporters outside the Pennsylvania State Capitol in Harrisburg a few days after Joseph R. Biden Jr. won the presidential election in 2020.Julio Cortez/Associated PressHe posted an event on Facebook offering bus rides to Washington on Jan. 6, 2021, and his campaign reported spending at least $3,000 chartering buses. But he has claimed that he left before the protest turned violent. In Erie, Mr. Mastriano, whose campaign did not respond to requests for comment, defended the rally.“It’s like, God have mercy on your soul if you dare to go and exercise your First Amendment freedom to go to D.C. on Jan. 6?” Mr. Mastriano said. “You did nothing wrong.”Among those quietly vying to coalesce Republicans around an alternative to Mr. Mastriano is Andy Reilly, one of Pennsylvania’s three Republican National Committee members. Mr. Reilly, who has not endorsed in the race, said the Shapiro campaign’s ads had “raised concerns” and sparked discussions.“The fact that the Democrats are running pro-Mastriano ads tells us that they believe he would be the weakest candidate,” said Charlie Gerow, a longtime Pennsylvania Republican operative who is running for governor and polling in the low single digits.Interviewed while stumping at a bakery in Erie, Mr. Barletta, a former congressman who beat a Democratic incumbent in 2010, called himself the strongest Mastriano alternative.Lou Barletta, a candidate for governor, with his wife and granddaughter last month in Hazleton, Pa.John Haeger/Standard-Speaker, via Associated Press“It’s been myself and Doug Mastriano” at the top of every poll, Mr. Barletta said. “Now people have to make a decision, and a lot of those undecideds need to look at who do they think has a better chance to beat Josh Shapiro.”Bill McSwain, who served as the U.S. attorney for eastern Pennsylvania during the Trump administration, is also running and has spent as much on television as the rest of the field combined, according to AdImpact, a media tracking firm. But he is also the only candidate in the race to be attacked by Mr. Trump. “Do not vote for Bill McSwain, a coward, who let our Country down,” Mr. Trump said last month in a statement attacking Mr. McSwain for not sufficiently pressing Mr. Trump’s false claims of election fraud in Pennsylvania.Mr. Gleason, the former party chairman, is backing Mr. McSwain anyway, fearful that Mr. Mastriano would lose a general election. “He would be toxic,” he said.Representative Brendan Boyle, a Pennsylvania Democrat, said he was approached on the House floor this week by colleagues from other states excited that Republicans could pick two such far-right nominees. But he said that he still remembers 2010, when seemingly unelectable Tea Party Republicans won, and then 2016, when Mr. Trump carried Pennsylvania and the presidency.“I should be happy that Republicans seem to be on the way to blowing both of these races,” Mr. Boyle said. But, he added, “I am very nervous that, lo and behold, two Republican extremists would be elected governor and senator.”For her part, Ms. Barnette, appearing this week on the podcast of Stephen Bannon, the former Trump adviser, dismissed Republican concerns that she was “too MAGA” to win in November.“Do these people have a crystal ball?” she asked. “Are they Jesus incarnate? How do they know?”Tracey Tully More

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    John Eastman Pressed Pennsylvania Legislator to Throw Out Biden Votes

    The lawyer argued that mail ballots in Pennsylvania in the 2020 election could be culled in a way that would reverse President Donald J. Trump’s defeat in an electorally critical state.WASHINGTON — Even by the standards of other ideas promoted by the conservative lawyer John Eastman to keep President Donald J. Trump in the White House after his election loss in 2020, a newly revealed strategy he proposed to take votes from Joseph R. Biden Jr. in Pennsylvania stands out as especially brazen.Mr. Eastman pressed a Pennsylvania state lawmaker in December 2020 to carry out a plan to strip Mr. Biden of his win in that state by applying a mathematical equation to accepting the validity of mail ballots, which were most heavily used by Democrats during the pandemic, according to emails from Mr. Eastman released under a public records request by the University of Colorado Boulder, which employed him at the time.The emails were the latest evidence of just how far Mr. Trump and his allies were willing to go in the weeks after Election Day to keep him in power — complete with anti-democratic plans to install fake pro-Trump electors and reject the votes of Biden supporters. Mr. Eastman would go on to champion the idea that Vice President Mike Pence could unilaterally block congressional certification of Mr. Biden’s Electoral College victory, an idea Mr. Pence rejected even as Mr. Trump was promoting the protests that turned into the Jan. 6 assault on the Capitol.On Dec. 4, 2020, using his university email account, Mr. Eastman wrote to State Representative Russell H. Diamond, Republican of Pennsylvania, with plans for the legislature to appoint pro-Trump electors.He suggested that a mathematical equation could be applied to the vote tallies to reject mail-in ballots for candidates at “a prorated amount.”Mr. Eastman said he was basing his recommendations on his belief that the Trump legal team had presented “ample evidence of sufficient anomalies and illegal votes to have turned the election from Trump to Biden” at public hearings around the country, including in Pennsylvania. But he admitted that he had not actually watched the hearings.“Having done that math, you’d be left with a significant Trump lead that would bolster the argument for the legislature adopting a slate of Trump electors — perfectly within your authority to do anyway, but now bolstered by the untainted popular vote,” Mr. Eastman wrote. “That would help provide some cover.”He also encouraged Mr. Diamond to have the legislature make a specific determination that “the slate of electors certified by the governor,” and chosen by the voters, was “null and void.”In one email, Mr. Diamond responded that Mr. Trump’s lawyers had not presented strong evidence of fraud at the Pennsylvania hearing.“Honestly, the Trump legal team was not exactly stellar at PA’s hearing, failed to provide the affidavits of their witnesses and made a glaring error by purporting that more ballots had been returned than mailed out,” he wrote.On Dec. 13, the day before all 50 states were set to cast their votes in the Electoral College, Mr. Eastman again urged Mr. Diamond to keep up with the plot to create an alternate slate of electors in Pennsylvania.“The electors absolutely need to meet,” Mr. Eastman wrote to the lawmaker. “Then, if the legislature gets some spine, AND (politically) proofs of fraud and/or illegal votes sufficient to have altered the results of the election is forthcoming, those electoral votes will be available to be certified by the legislature.”In one email, Mr. Diamond introduced Mr. Eastman to the Republican House majority leader in the state, crediting Mr. Eastman with “opening my eyes to our ability to exercise our plenary authority to decertify presidential electors (without ANY ‘evidence’ of retail ‘voter fraud’).”A lawyer for Mr. Eastman did not respond to a request for comment on Wednesday.In a brief interview on Tuesday, Mr. Diamond said he first learned about Mr. Eastman and his theories about the power of state lawmakers to shape elections when the lawyer testified in front of the Georgia legislature in early December 2020.Mr. Diamond added that when he started to correspond with Mr. Eastman about election results in Pennsylvania, he thought that Mr. Eastman was merely a law professor and did not realize that he was associated with the Trump campaign. Mr. Diamond said he never pursued the idea of disqualifying mail ballots containing votes for Mr. Biden, though Pennsylvania Republicans tried multiple avenues to fight the election results, including filing a lawsuit, appealing to members of Congress and conducting a forensic investigation.The university released more than 700 of Mr. Eastman’s emails and other documents to The New York Times in response to a public information request. The documents were released earlier to the Colorado Ethics Institute, and were reported earlier by The Denver Post and Politico.The Colorado Ethics Institute, a nonprofit that tries to hold public officials accountable to ethics and transparency rules, provided the emails on April 19 to the House committee investigating the Jan. 6 attack.Curtis Hubbard, a spokesman for the nonprofit, called for a “thorough audit” of Mr. Eastman’s tenure at the university to “determine the school’s connection — wittingly or unwittingly — to one of the darkest days in the history of this country.”A spokesman for the committee declined to comment.Justice Department officials have said they are investigating some of the schemes that Mr. Eastman supported to overturn the election — chief among them, a plan to use so-called alternate slates of electors in key swing states that were won by Mr. Biden. But Mr. Diamond said he had not been contacted by anyone from the Justice Department.The records show the university paid for Mr. Eastman’s trip the weekend after the election to an academic conference in Philadelphia, where he told The Times that his role in Mr. Trump’s efforts to remain in power began. At the time of the trip, Mr. Trump’s closest aides, including Corey Lewandowski, were at a nearby hotel putting together a legal brief to challenge the results in Pennsylvania. One of Mr. Trump’s aides reached out to Mr. Eastman to see whether he could go to the hotel to help Mr. Trump’s team.In the beginning of December, Mr. Trump called to see whether Mr. Eastman could help bring legal action directly before the Supreme Court. In the days that followed, Mr. Eastman filed two briefs with the court on Mr. Trump’s behalf, but those efforts quickly failed.The emails also paint a portrait of Mr. Eastman as a visiting professor in Colorado who was respected as a conservative thinker — winning praise from conservative students, including one who thanked him for “having the courage to stand up for your beliefs” and complained of being harassed by liberal professors “for being a white male” — until he fell into disrepute at the university as his efforts to overturn the election became known.After more than 200 professors and students signed a petition against him for questioning the results of the election on Twitter, he wrote: “Oh, brother. These people are indefatigable.”And he complained in emails that he was overworked, as he rushed to challenge the election on behalf of Mr. Trump and teach his classes over Zoom.For a while, he retained the support of his supervisors, including one who cheered him on when Mr. Eastman told him he was doing legal work for Mr. Trump.But after Mr. Eastman spoke at the pro-Trump rally on Jan. 6 that preceded the riot at the Capitol, baselessly claiming that Democrats had placed ballots in “a secret folder” inside voting machines in a bid to rig the results, he became a lightning rod for criticism.That same afternoon, a former colleague at the university wrote him to say that he had engaged in “seditious actions” during his speech. Within hours Mr. Eastman fired back, calling the accusation “defamatory.”As the days went on, Mr. Eastman defended himself against a blizzard of attacks from those who called him “a traitor” or worse.He often disavowed the violence that erupted at the Capitol and sometimes blamed it on the leftist activists known as antifa.Citing low enrollment, the university canceled Mr. Eastman’s spring courses and his contract expired with the college.In the months since, more information has emerged about Mr. Eastman’s central role in trying to overturn the election, including writing a memo laying out steps he argued Mr. Pence could take to keep Mr. Trump in power.In March, a federal judge ruled in a civil case that Mr. Eastman and Mr. Trump had most likely committed felonies as they pushed to overturn the election, including obstructing the work of Congress and conspiring to defraud the United States.The actions taken by Mr. Trump and Mr. Eastman, the judge found, amounted to “a coup in search of a legal theory.” More

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    As a ‘Seismic Shift’ Fractures Evangelicals, an Arkansas Pastor Leaves Home

    FORT SMITH, Ark. — In the fall of 2020, Kevin Thompson delivered a sermon about the gentleness of God. At one point, he drew a quick contrast between a loving, accessible God and remote, inaccessible celebrities. Speaking without notes, his Bible in his hand, he reached for a few easy examples: Oprah, Jay-Z, Tom Hanks.Mr. Thompson could not tell how his sermon was received. The church he led had only recently returned to meeting in person. Attendance was sparse, and it was hard to appreciate if his jokes were landing, or if his congregation — with family groups spaced three seats apart, and others watching online — remained engaged.So he was caught off guard when two church members expressed alarm about the passing reference to Mr. Hanks. A young woman texted him, concerned; another member suggested the reference to Mr. Hanks proved Mr. Thompson did not care about the issue of sex trafficking. Mr. Thompson soon realized that their worries sprung from the sprawling QAnon conspiracy theory, which claims that the movie star is part of a ring of Hollywood pedophiles.For decades, Mr. Thompson, 44, had been confident that he knew the people of Fort Smith, a small city tucked under a bend in the Arkansas River along the Oklahoma border. He was born at the oldest hospital in town, attended public schools there and grew up in a Baptist church that encouraged him to start preaching as a teenager. He assumed he would live in Fort Smith for the rest of his life.But now, he was not so sure. “Jesus talks about how he is the truth, how central truth is,” Mr. Thompson said in an interview. “The moment you lose the concept of truth you’ve lost everything.”A political moment in which the Supreme Court appears on the brink of overturning Roe v. Wade looks like a triumphant era for conservative evangelicals. But there are deepening cracks beneath that ascendance.Across the country, theologically conservative white evangelical churches that were once comfortably united have found themselves at odds over many of the same issues dividing the Republican Party and other institutions. The disruption, fear and physical separation of the pandemic have exacerbated every rift.Many churches are fragile, with attendance far below prepandemic levels; denominations are shrinking, and so is the percentage of Americans who identify as Christian. Forty-two percent of Protestant pastors said they had seriously considered quitting full-time ministry within the past year, according to a new survey by the evangelical pollster Barna, a number that had risen 13 points since the beginning of 2021.Michael O. Emerson, a sociologist at the University of Illinois Chicago, described a “seismic shift” coming, with white evangelical churches dividing into two broad camps: those embracing Trump-style messaging and politics, including references to conspiracy theories, and those seeking to navigate a different way.In many churches, this involves new clashes between established leaders and ordinary believers.Sometimes the breaches make headlines, like when Russell Moore, a prominent Southern Baptist, left his denomination in 2021 after publicly criticizing evangelical supporters of former President Donald J. Trump and urging Christians to be vaccinated against the coronavirus. But more often, the ruptures are quieter: a pastor who moves to another church to avoid a major confrontation, or who changes careers without fanfare.Community Bible Church in Fort Smith, Ark., where Mr. Thompson was a pastor.September Dawn Bottoms for The New York TimesWhen Mr. Thompson landed back in Fort Smith after seminary in the early 2000s, Community Bible Church was an exciting place to work. Inspired by booming suburban megachurches like Saddleback in Southern California and Willow Creek in Illinois, Community Bible offered modern music, multimedia worship services and “seeker-sensitive” outreach to people who were not regular churchgoers.“My concern was spiritual vitality,” said Ed Saucier, the church’s founding pastor. “I wanted it to be fun and engaging and different on purpose.” Mr. Saucier rarely talked directly about electoral politics or public policy from the pulpit. It was easy to avoid. The church was mostly white and mostly conservative; congregants agreed on what they saw as the big issues, and there seemed to be little cause to prod on the small ones. “I applied some common sense,” Mr. Saucier said. “If I can’t make something better, maybe I should leave it alone.”The Intersection of Evangelicalism and U.S. PoliticsPolitical Rise: In the early 1970s, many evangelicals weren’t active in politics. Within a few years, they had reshaped elections for a generation.A Fervor in the American Right: Rituals of Christian worship have become embedded in conservative rallies, as praise music and prayer blend with political anger.Trump’s Pull: To understand the relationship between white evangelicals and Donald J. Trump, one has to go back to a 2016 speech in Iowa where he promised that “Christianity will have power.”A ‘Seismic Shift’: White evangelical churches that were once united are now fractured over the same issues dividing the Republican Party.His philosophy was not unusual. Despite their status as an influential voting bloc, most white American evangelicals have historically avoided the perception of mixing politics and worship. In many evangelical settings, “political” means biased or tainted — an opposite of “biblical.”“The one thing that I loved and was so refreshing about this ministry is there were no politics at all,” recalled Sara Adams-Moitoza, a longtime church member who owns a boutique shopping center in Fort Smith. “Ever, ever, ever, ever, ever.”Mr. Thompson had always been interested in politics, but he was no activist. He saw himself as part of the contemporary evangelical mainstream, a movement that included people like the prominent New York pastor Tim Keller and the Bible teacher Beth Moore, who were theologically conservative and skeptical of becoming entangled with either political party.He still sees himself as a conservative. Mr. Thompson has voted Republican in almost every major election. He admires Mitt Romney and the Bush family and is conservative on issues of gender and sexual orientation, although he does not emphasize them often.When he took over as head pastor after six years as an associate, he was immediately popular with the congregation. One founding member, Jim Kolp, recalled a sermon that Mr. Thompson preached on the “fruit of the spirit,” based on a passage in the New Testament that lists attributes like gentleness and self-control, which show that the Holy Spirit is working in a Christian’s life. The sermon prompted Mr. Kolp to examine his daily habit of listening to Rush Limbaugh. “I’d never stopped and thought, ‘Does it meet up with the fruit of the spirit?’” Mr. Kolp said. “I leave listening to this man angry.” He stopped tuning in.But over the years, subtle gaps between Mr. Thompson and his congregation tore open, like a seam being tugged from both sides.“Jesus talks about how he is the truth, how central truth is,” Mr. Thompson said. “The moment you lose the concept of truth you’ve lost everything.”September Dawn Bottoms for The New York TimesIf he spoke against abortion from the pulpit, Mr. Thompson noticed, the congregation had no problem with it. The members were overwhelmingly anti-abortion and saw the issue as a matter of biblical truth. But if he spoke about race in ways that made people uncomfortable, that was “politics.” And, Mr. Thompson suspected, it was proof to some church members that Mr. Thompson was not as conservative as they thought.The discontent over Mr. Thompson’s approach started with the 2016 presidential campaign. The pastor wrote a blog post that did not critique Mr. Trump by name, but whose point was clear. “Many who thought Bill Clinton was the Antichrist now campaign for a man who would make Bill Clinton blush,” he wrote.When Mr. Thompson wrote in a 2020 blog post that “Black lives matter,” the friction in his church suddenly looked more like a crisis. He had been speaking and writing about racial issues with some frequency for years. He had hired Jackie Flake, a Black pastor, to lead a new branch of the church on Fort Smith’s racially diverse North Side. In 2015, he got involved in a successful effort to change the “Johnny Reb” mascot at his old high school. But the phrase “Black lives matter” rankled some congregants.Mr. Kolp said he found the far-reaching conversations about racism spurred by Mr. Thompson too negative. America does have a history of racism, he said. But “if the slave trade had never happened, would they still be in Africa? Would they have the prominent positions?” he wondered about Black people. “And now our pastor’s talking about it, and we’re systemically racist because we’re white?”Mr. Thompson’s actual sermons were hardly scathing. At one point he asserted, “If you grew up in any way like me, there’s bigotry within you” and encouraged listeners to seek out perspectives other than their own.His friend Steven Dooly, a white former police officer with two Black children, sometimes urged him to speak even more directly on racial justice. But he knew Mr. Thompson was in a difficult position. “You’d hate to see a church fall completely apart over a few lines in a sermon,” he said.For many pastors whose conservatism matches their congregations, however, there is little cost to speaking out. Some conservative pastors now find that their congregations want not careful, conciliatory talk, but bold pushback to what they see as rising threats from the secular world.Steven Dooly, a former police officer in Fort Smith and now a juvenile case worker, supported Mr. Thompson as his congregation began to splinter.September Dawn Bottoms for The New York Times“There’s a great separation taking place,” said Wade Lentz, pastor of Beryl Baptist Church in Vilonia, Ark., a few hours east of Fort Smith. “A lot of people are getting tired of going to church and hearing this message: ‘Hey, it’s a great day, every day is a great day, the sun is always shining.’ There’s this big disconnect between what’s going on behind the pulpit in those churches and what’s going on in the real world.”Mr. Lentz has seen his church grow as he leaned into topics like vaccine mandates, which he preached against in a sermon titled “We Believe Tyranny Must be Resisted.” In 2020, sensing “so much disruption in the world,” he started a podcast in which he explores political topics with a fellow “patriot” pastor.“This mind-set that Christianity and politics, and the preacher and politics, need to be separate, that’s a lie,” he said. “You cannot separate the two.”At Community Bible, just about everyone liked Mr. Thompson, but some could not understand why he picked the causes he did. “There are areas he should have backed off of,” said Johnny Fisher, one of the church’s founding members. “The best thing probably is to shut up and answer any questions that are given to you from the Bible.”The church stopped growing. Whole families were leaving; Richy Fisher, a pastor and consultant who prepared a report for the church in 2019, described membership as “hemorrhaging.” (Richy and Johnny Fisher are brothers.)Mr. Thompson was equally frustrated by the actions of some of his congregants. People he thought should have known better were endorsing online conspiracy theories about Covid-19 and the results of the 2020 election. On his blog, he called for Christians to apply “research and discernment.” “When we share, promote, like and further things that are not true about others, we are violating the ninth commandment,” he wrote.Fort Smith’s mayor, George McGill, said his city was like many other places in the country: Issues including masks and vaccination have fractured relationships, and people doubt the leaders they once trusted. Mr. McGill, the city’s first Black mayor, saw Mr. Thompson as someone who spoke the truth. But within his community, antagonists “rose up against the very people God had put in place.”Southside High School changed its “Johnny Reb” mascot in 2015, a move Mr. Thompson was involved in.September Dawn Bottoms for The New York TimesMr. Thompson’s reputation did appear to be shifting. A local woman emailed her Bible study group in the summer of 2020, warning that he was promoting a “progressive Leftist agenda.” When Mr. Thompson invited her to meet with him, pointing out that he was a frequent guest of Focus on the Family Radio and hardly a leftist, she accused him of being beholden to “The Marxist Agenda” and “the BLM agenda.”When a job offer came last summer to become an associate pastor at a larger church in the Sacramento area, Mr. Thompson accepted.Mr. Thompson hoped that the church’s next leader could preach “the same truth” without the baggage that had accrued around him. But he also wondered how the next generation of pastors would lead. Seminaries are shrinking, and many in his own congregation seemed to view his theological training as the thing that turned him “liberal.” The next generation might have less training, and be more inclined to turn churches into “an echo chamber of what the people want.”Months after his departure, Community Bible was still figuring out its future. “We’re still bleeding some, but it’s under control,” Mr. Saucier, the founding pastor, said in December. The church’s interim leader is Richy Fisher; the church’s board recommended this spring that he take the role permanently, and a congregational vote will take place May 22.In the meantime, the people of Fort Smith have different choices than when Mr. Thompson arrived at Community Bible. Newer churches with flashier aesthetics have popped up in town. A branch of New Life, a multisite church with more than 15 locations across the state, is practically across the street.On a recent Sunday morning, the congregation at New Life heard a sermon drawn from the book of Daniel.“America is no longer a Christian nation,” the pastor said, setting up a message about resisting the broader culture’s pressure to change “what we say, how we raise our kids, how and when we can pray, what marriage is.” The sermon’s title was “Stand Firm.” More

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    Why Republicans Are So Angry About the Supreme Court Leak

    The country is divided. There are those Americans furious that the Supreme Court is soon to take away the right to have an abortion. And there are those Americans furious that someone leaked that the Supreme Court was soon to take away the right to have an abortion.Among those Americans angry with the anonymous leak of Justice Samuel Alito’s draft opinion overturning Roe v. Wade is the entire Republican Party. “Last night’s stunning breach was an attack on the independence of the Supreme Court,” said Mitch McConnell, the Senate minority leader, in a statement issued after the leak. “This lawless action should be investigated and punished as fully as possible. The Chief Justice must get to the bottom of it and the Department of Justice must pursue criminal charges if applicable.”Senator Ted Cruz of Texas told Fox News, “The leak of the draft Supreme Court opinion will do lasting damage to the integrity of the court and the independence of the judiciary.” And Senator Mike Lee of Utah wrote that because the Supreme Court relies on “decorum and confidentiality” to do its work, it is therefore “dangerous, despicable, and damaging” to leak its deliberations to the public. The Supreme Court, he declared, “is not a political body.”He might also have added that it has a right to privacy.In any case, McConnell, Cruz, Lee and the rest of their Republican colleagues must be joking.The Supreme Court is, and has always been, a political body. That’s true of the justices, certainly. Over the course of the court’s history, most of them were chosen with political considerations in mind, to the point that many were politicians themselves. It’s true of the institution as well. The Supreme Court deals with political issues — not simply abstract questions of law — and operates within the context of political conflict and political struggle.And the Supreme Court, right now, is an avowedly partisan institution, an unaccountable super-legislature controlled by men and women drawn from a cadre of conservative ideologues and apparatchiks, acting on behalf of the Republican Party and its allies. Whatever legitimacy it had retained was sacrificed in the drive to build the majority that seems poised to overturn Roe v. Wade and open the floodgates to harsh restrictions on the reproductive autonomy of millions of Americans.When McConnell led the Senate Republican caucus in a blockade of President Barack Obama’s nominee for the Supreme Court in 2016 and then killed what remained of the judicial filibuster the next year to place Neil Gorsuch in the seat instead, they diminished the legitimacy of the court. When those same Republicans looked past a credible accusation of sexual assault to confirm Brett Kavanaugh in 2018, they again diminished the legitimacy of the court. And when, with weeks left before the 2020 presidential election, Republicans ignored their own rule from four years earlier — that an election-year vacancy “should not be filled until we have a new president” — to place Amy Coney Barrett on the bench in a rushed, slapdash process, they once more diminished the legitimacy of the court.What’s more, their occasional protests notwithstanding (in a speech last year at the McConnell Center at the University of Louisville, Barrett insisted the court was “not comprised of a bunch of partisan hacks”), the court’s conservatives have done almost nothing to dispel the view that their majority is little more than the judicial arm of the Republican Party. They use “emergency” orders to issue sweeping rulings in favor of ideologically aligned groups; they invent new doctrines designed to undermine voting rights protections; and as we’ve just witnessed, they’ll let nothing, not even 50 years of precedent, stand in the way of a sweeping ideological victory.No discussion of the Supreme Court’s legitimacy, or lack thereof, is complete without mention of the fact that its current composition is the direct result of our counter-majoritarian institutions. Only once in the past 30 years — in the 2004 election — has anything like a majority of the American electorate voted for a president who promised a conservative Supreme Court. The three members who cemented this particular conservative majority — Gorsuch, Kavanaugh and Barrett — were nominated by a president who lost the popular vote and were confirmed by senators representing far fewer than half of all Americans.The typical response to this point is to say we do not elect presidents by popular vote. And we don’t, that’s true. But Americans have always acted as if the popular vote conveys democratic legitimacy. That’s why supporters of Andrew Jackson condemned the “corrupt bargain” that placed John Quincy Adams in the White House in 1825, why many supporters of Samuel Tilden were furious with the compromise that gave Rutherford B. Hayes the presidency after the 1876 presidential election and why allies of George W. Bush were prepared to argue that he was the rightful winner of the 2000 election in the event he lost the Electoral College but won a majority of voters.It matters whether a president has democratic legitimacy. Donald Trump did not. But rather than act with that in mind, he used his power to pursue the interests of a narrow ideological faction, giving its representatives free rein to shape the Supreme Court as they saw fit. The court, then, is stained by the same democratic illegitimacy that marked Trump and his administration.Republicans seem to know this, and it helps explain why they’re so angry about the leak. They hope to write conservative ideology into the Constitution. For that to work, however, Americans need to believe that the court is an impartial arbiter of law, where each justice uses reason to come to the correct answer on any given issue of constitutional interpretation.The leak throws that out the window. The leak makes it clear that the Supreme Court is a political body, where horse-trading and influence campaigns are as much a part of the process as pure legal reasoning.If the court is a political body — if it is a partisan body — then a roused and unhappy public may decide to reject its judgments and authority. That public may ask itself why it should listen to a court that doesn’t heed its opinion. And it may decide that the time has come to reform the court and dismantle the ill-gotten majority that conservatives worked so hard to create.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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    Biden’s Unpopularity

    Covid helps explain it.Shortly after taking office, President Biden called on the government to do better. “We have to prove democracy still works,” he told Congress. “That our government still works — and we can deliver for our people.”Most Americans seem to believe Biden has not done so: 42 percent of Americans approve of his job performance, while 53 percent disapprove, according to FiveThirtyEight’s average of polls.In today’s newsletter, I want to use Covid as a case study for how Biden failed to persuade Americans that the government delivered and instead cemented perceptions that it cannot.Polling suggests that Covid — not the chaotic U.S. withdrawal from Afghanistan — jump-started Biden’s political problems. His approval rating began to drop in July, weeks before the withdrawal.Source: FiveThirtyEightThat timing coincides with the rise of the Delta variant and reports that vaccine protection against infection was not holding up. Both came after Biden suggested for months that an “Independence Day” from Covid was near, setting up Americans for disappointment as it became clear that his administration would not fulfill arguably its biggest promise.The Covid exampleAt first, the Biden administration’s pandemic response helped highlight how government can solve a big problem. Millions of Americans were receiving shots a day — a campaign that Biden compared to wartime mobilization.But then things went awry, culminating in the disappointment many Americans now feel toward Biden’s handling of Covid.Biden’s administration gave mixed messages on boosters and masks that at times appeared to contradict data and experts. As we have covered before, U.S. officials often have not trusted the public with the truth about Covid and precautions.Getting a booster in Jackson, Ala., last year.Charity Rachelle for The New York TimesCongress also lagged behind, with pandemic funding caught in intraparty squabbles and partisan fights — the kind of gridlock that has often prevented lawmakers from getting things done in recent years.“American government is fairly slow and very incremental,” said Julia Azari, a political scientist at Marquette University. “That makes it very difficult to be responsive.”Perhaps Biden’s biggest mistake was, as Azari put it, “overpromising.” He spent early last summer suggesting that vaccines would soon make Covid a concern of the past — a view some experts shared at the time, too.Biden could not control what followed, as the virus persisted. But he could have set more realistic expectations for how a notoriously unpredictable pandemic would unfold.Another problem preceded Biden’s presidency: the political polarization of the pandemic. It made vaccines a red-versus-blue issue, with many Republicans refusing to get shots. Yet the vaccines remain the single best weapon against Covid.Given the high polarization, Biden’s options against Covid are now limited. His support for vaccines can even turn Republicans against the shots, one study found.“There is more that could be done, but the impact would probably only be at the margins, rather than transformative,” said Jen Kates of the Kaiser Family Foundation.Even if Biden cannot do much, the public will likely hold him responsible for future Covid surges; voters expect presidents to solve difficult issues. “People blame the administration for problems that are largely outside its control,” said Brendan Nyhan, a political scientist at Dartmouth College.Lost trustBiden framed his call to deliver as a test for American democracy. He drew comparisons to the 1930s — “another era when our democracy was tested,” then by the threat of fascism. He pointed to new threats: Donald Trump challenging the legitimacy of U.S. elections and China’s president, Xi Jinping, betting that “democracy cannot keep up with him.”There is a historical factor, too. Since the Vietnam War and Watergate, Americans’ trust in their government has fallen. If Biden had succeeded, he could have helped reverse this trend.But Covid, and the government’s response to it, did the opposite. Trust in the C.D.C. fell throughout the pandemic: from 69 percent in April 2020 to 44 percent in January, according to NBC News.Distrust in government can turn into a vicious cycle. The government needs the public’s trust to get things done — like, say, a mass vaccination campaign. Without that support, government efforts will be less successful. And as the government is less successful, the public will lose more faith in it.Given the polarization surrounding Covid and the government’s mixed record, skepticism seems a more likely outcome than the renaissance of trust that Biden called for.THE LATEST NEWSWar in UkraineThe Russian ship Moskva off Havana in 2013.Adalberto Roque/AFP via Getty ImagesThe U.S. provided intelligence that helped Ukraine sink the flagship of Russia’s Black Sea fleet.Russia intensified its attacks in the eastern regions of Ukraine, hoping for a victory by Monday. But it is difficult to evaluate how the actual fighting is going.Ukrainian forces, mounting a highly mobile defense, regained ground elsewhere in the east.An operation to evacuate 200 remaining civilians from a steel factory in Mariupol was underway this morning. Russia bombed the complex overnight.Here’s what the war looks like on Russian TV, where the goal is often to leave viewers confused.The VirusA mass cremation for Covid victims in New Delhi last year.Atul Loke for The New York TimesThe pandemic’s true toll: nearly 15 million excess deaths — including 4.7 million in India, nearly 10 times its official total.The F.D.A. further limited the use of Johnson & Johnson’s vaccine, citing concerns over a rare clotting disorder.PoliticsKarine Jean-Pierre will take over from Jen Psaki.Stefani Reynolds for The New York TimesKarine Jean-Pierre will become the first Black woman and first openly gay person to serve as White House press secretary.As president, Trump proposed launching missiles into Mexico to destroy drug labs and cartels, his defense secretary writes in a memoir.The White House hosted labor organizers who have unionized workplaces at Amazon, Starbucks and elsewhere.Texas plans to challenge a Supreme Court ruling requiring public schools to educate undocumented immigrants.Other Big StoriesTwo assailants, at least one armed with an ax, killed at least three people in an Israeli town.The next front in the fight over abortion rights: pills.Amber Heard accused Johnny Depp, her ex-husband, of sexual assault, seeking to counter Depp’s testimony that she had been the aggressor.The stock market had its best day in over a year on Wednesday. Then it fell sharply yesterday.New York City’s rent panel backed the largest increase since 2013, affecting more than two million people.OpinionsThe end of Roe v. Wade will worsen America’s cultural wars, Michelle Goldberg argues.Biden should cancel student debt — but only for those in precarious situations, says David Brooks.The Supreme Court lost its legitimacy long before the draft abortion ruling leaked, Jamelle Bouie writes.NFTs and cryptocurrencies were meant to liberate the internet. Instead, they’re polluting it with scams, Farhad Manjoo writes.MORNING READSHandle with care: Peek into Bob Dylan’s archive, including notebooks and fan mail.Ancient relic: Goodwill sold a Roman bust for $34.99. Its 2,000-year journey to Texas remains a mystery.Great gowns: They’re the dry cleaners to the stars.Modern Love: For a family scattered by war, a group chat is everything.A Times classic: How gender stereotypes are changing.Advice from Wirecutter: The best anti-mosquito gear.Lives Lived: Marcus Leatherdale captured downtown Manhattan in the AIDS-darkened 1980s, photographing Andy Warhol, Madonna and others. Leatherdale died at 69.ARTS AND IDEAS Products from the show “CoComelon.”Alexander Coggin for The New York TimesParents dread it. Kids love it.With vivid colors, ear-worm songs and simple animation, the cartoon series “CoComelon” has an almost hypnotic effect on toddlers. The show is the second-largest channel on YouTube and holds a firm spot on Netflix’s top 10.This is all by design — “CoComelon” is a production of Moonbug Entertainment, a London company that produces several of the world’s most popular online kids’ shows.Moonbug treats children’s shows like a science, where every aesthetic choice or potential plot point is data-driven and rigorously tested with its target audience. Should the music be louder or more mellow? Should the bus be yellow or red? The answer is yellow — infants are apparently drawn to yellow buses, as well as minor injuries and stuff covered in dirt.“The trifecta for a kid would be a dirty yellow bus that has a boo-boo,” a Moonbug exec said during a company story session. “Broken fender, broken wheel, little grimace on its face.”Read more from inside one of the pitch sessions for a kids’ show juggernaut. — Sanam Yar, a Morning writerPLAY, WATCH, EATWhat to CookDane Tashima for The New York Times. Food Stylist: Barrett Washburne.This veggie burger uses cabbage and mushrooms for crunch.ProfileHe has sampled Fergie in his music, vacationed with Drake and has been co-signed by Kendrick Lamar. Meet Jack Harlow.Spring CleaningMarie Kondo is here to help you tidy up your pandemic clutter.Late NightTrevor Noah has thoughts on interest rates.Take the News QuizHow well did you follow the headlines this week?Now Time to PlayThe pangram from yesterday’s Spelling Bee was offhanded. Here is today’s puzzle — or you can play online.Here’s today’s Wordle. Here’s today’s Mini Crossword and a clue: Bagel variety (five letters).If you’re in the mood to play more, find all our games here.Thanks for spending part of your morning with The Times. See you tomorrow.P.S. The Times’s Jonathan Martin and Alexander Burns discussed their reporting about Jan. 6 on NPR’s “Fresh Air.”Here’s today’s front page.“The Daily” is about anti-abortion activists. Still Processing” is about “Fatal Attraction.”Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti, Ashley Wu and Sanam Yar contributed to The Morning. You can reach the team at themorning@nytimes.com.Sign up here to get this newsletter in your inbox. More

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    Giuliani Pulls Out of Interview With Jan. 6 Committee

    The former personal lawyer to Donald J. Trump withdrew from an interview scheduled for Friday after the panel would not let him record it, his lawyer said.WASHINGTON — Rudolph W. Giuliani, who helped lead President Donald J. Trump’s effort to overturn the results of the 2020 election as his personal lawyer, on Thursday abruptly pulled out of a scheduled Friday interview with the House committee investigating the Jan. 6 attack on the Capitol after the panel refused to let him record the session.Mr. Giuliani has been negotiating with the panel about testifying for months, and had finally reached an agreement to speak about matters other than his conversations with Mr. Trump or any other topic he believes is covered by attorney-client privilege, said his lawyer, Robert J. Costello.Mr. Giuliani’s sudden withdrawal threatens what could have been a major breakthrough for the investigation. His testimony could have included details about interactions with members of Congress and others involved in the plans who were not Mr. Giuliani’s clients, Mr. Costello said. And with Mr. Giuliani under a subpoena to testify, the standoff raises the specter of yet another protracted legal battle between the committee and a former Trump aide.The impasse began when Mr. Costello told the committee on Thursday that Mr. Giuliani intended to record the interview on video. When the panel’s lawyers refused to allow him to do so, he canceled the meeting, Mr. Costello said.“He’s willing to talk about anything that is not privileged,” Mr. Costello said. “The only sticking point we’ve had is recording the interview. Now, that tells me they’re more interested in keeping things secret than getting to the so-called truth. If you’re interested in the person’s testimony, why would you not agree to this?”Mr. Costello said that Mr. Giuliani’s testimony was not yet off the table, and that he would continue to negotiate with the panel’s lawyers. He said that Mr. Giuliani, a former New York mayor, “simply doesn’t trust” members of the committee, specifically Representative Adam B. Schiff, Democrat of California, and believes that they will selectively edit his testimony.“If they changed their mind and they said, ‘Listen, we’ll jointly record the interview,’ then we would participate,” Mr. Costello said.Tim Mulvey, a spokesman for the committee, said the panel would consider enforcement actions against Mr. Giuliani if he does not change course and comply with the committee’s subpoena.“Mr. Giuliani had agreed to participate in a transcribed interview with the select committee. Today, he informed committee investigators that he wouldn’t show up unless he was permitted to record the interview, which was never an agreed-upon condition,” Mr. Mulvey said. “Mr. Giuliani is an important witness to the conspiracy to overthrow the government, and he remains under subpoena. If he refuses to comply, the committee will consider all enforcement options.”The committee has interviewed more than 970 witnesses and has recommended criminal contempt of Congress charges against four of Mr. Trump’s closest allies, who have refused to fully cooperate.Mr. Trump’s final chief of staff, Mark Meadows, has been referred to the Justice Department for possible criminal charges after refusing an interview with the committee. Another former aide, Stephen K. Bannon, was indicted in November after refusing to provide information to congressional investigators.Last month, the House voted to recommend criminal contempt of Congress charges against Peter Navarro and Dan Scavino Jr., two other close allies of Mr. Trump, after the pair defied subpoenas from the committee.The Justice Department has yet to act on the referrals for Mr. Meadows, Mr. Navarro and Mr. Scavino.As a key figure in Mr. Trump’s attempts to stave off electoral defeat, Mr. Giuliani would be in a position to tell investigators about a series of extraordinary measures undertaken last fall and winter in a bid to maintain the losing president’s grip on power.Among those efforts was a scheme to disrupt the normal workings of the Electoral College by persuading lawmakers in contested swing states to draw up alternate slates of electors showing Mr. Trump was victorious in states that were actually won by President Biden.Mr. Giuliani was also instrumental in vetting a plan to use the Department of Homeland Security to seize voting machines and examine the data housed inside them for supposed evidence of fraud. At Mr. Trump’s direction, Mr. Giuliani asked a top homeland security official if the department could legally take control of the machines — a notion the official shot down. Mr. Giuliani later opposed an even more explosive proposal to have the military seize the machines.Mr. Giuliani was subpoenaed with other members of a legal team that billed itself as an “elite strike force” and pursued a set of lawsuits on behalf of Mr. Trump in which they promulgated conspiracy theories and made unsubstantiated claims of fraud in the election.The committee’s subpoena sought all documents that Mr. Giuliani had detailing the pressure campaign that he and other Trump allies initiated targeting state officials, the seizure of voting machines, contact with members of Congress, any evidence to support the conspiracy theories he pushed and any arrangements for his fees.On Jan. 6, speaking to a crowd of Trump supporters before a pro-Trump mob attacked the Capitol, Mr. Giuliani called for “trial by combat.” Later, after the building was under siege, both he and Mr. Trump called lawmakers in an attempt to delay the certification of Mr. Biden’s victory. More