Presidential Election of 2020

Subterms

    More stories

    • 88 Shares129 Views

      in Elections

      Ted Cruz Knows Which Side He’s On

      by

      Bret Stephens: Hi, Gail. I think many Americans would give President Biden reasonably high marks for his handling of the war in Ukraine so far. His speech in Poland, in which he said, “For God’s sake, this man cannot remain in power,” may have been provocative, and it might have his advisers scrambling to soften it, but it was right, and the right message to send about what should become of Vladimir Putin’s foul regime.Yet Biden still reminds me of George H.W. Bush, who handled the big foreign policy crises of his day with aplomb but wound up as a one-termer. What do you think of the comparison?Gail Collins: Hey, isn’t it interesting to recall that when Bush was fighting to get Saddam Hussein out of Kuwait in 1991, the big American ally was Russia? Those were the days, I guess. Just noticed that a Gallup poll found that right after the war, Bush had an 89 percent approval rating.Bret: Bush had the advantage of not having to face down a nuclear-armed adversary — thanks to an Israeli strike on Saddam Hussein’s nuclear reactor a decade earlier.Gail: And yet he got defeated for a second term by Bill Clinton. We could discuss the possibility of Biden suffering a similar fate — perceptions of a bad economy trump strong foreign policy. Except that Clinton’s genius was in portraying himself as a Democrat who normal Republicans didn’t have to fear. Very, very doubtful the next Republican presidential nominee is going to be able to turn that trick.Do you really think Biden would be walloped if people actually had to compare him to Trump, one on one, presuming the two of them ran again?Bret: I continue to have a hard time believing that Biden intends to run again, when he’s 81. I also don’t think Trump’s going to run — he’s damaged himself more deeply than he probably realizes with his imbecile praise of Putin and his continued election denialism.Gail: This scenario presumes Trump bows to reality. Hehehehehe. Sorry, continue.Bret: Fair point.Assuming your hypothetical turns out to be right, I’d probably place a small bet on Trump winning a rematch, awful as that is. I know Ronald Reagan and Bill Clinton were able to turn their presidencies around after difficult starts. But both men were naturally gifted political figures in a way Biden just isn’t. Both men were in touch with the center of American politics in a way Biden should be, but isn’t, because he steered too far to the left in his first year. And both men were sailing into calmer seas, economically speaking, as they prepared their re-election campaigns, whereas I don’t see inflation being tamed except at the price of a very steep recession.Would you bet on Biden in a rematch?Gail: Yeah, but I don’t think Biden is going to run. Although he’d be crazy to formally announce this soon and turn the bulk of his presidency into a lame-duck limp.Bret: Don’t agree that he should wait to announce, but that’s an argument for another time.Gail: And I don’t think his problem is steering too far to the left. His problem is that he doesn’t — never did have — that political genius for selling the country, or even his supporters, on a big message.Bret: Give ’em hell, Harry, he is not. But it looks like he’s trying with his plan to tax the very rich. Which … well, what do you think of it?Gail: Ah, Bret, our most reliable, perpetual disagreement. Yeah, given the fact that the richest Americans are now paying an effective tax rate around 8 percent, I would say a minimum of 20 percent on households worth more than $100 million is not a burden.Bret: Probably won’t get past the Senate, may be ruled an unconstitutional wealth tax by the Supreme Court and is reminiscent of the Alternative Minimum Tax, which was supposed to hit only a handful of high-flyers in the 1970s but wound up taxing far less wealthy people. But the proposal could still be … popular. Anything else you’d like to see him do?Gail: I’d also be happy to see him lead a quest to control prescription drug prices: Let Medicare negotiate with the pharmaceutical industry and cap the cost of certain medications, like insulin. It’d be a debate people could really get into.Bret: I think job No. 1 for Biden is to make sure Putin experiences unmistakable defeat in Ukraine. A stalemated truce in which Russia steals more of Ukraine’s coastline, ports and energy riches will only entice Putin to create further crises so that he can “solve” them in exchange for Western concessions. I also think we should accept more than 100,000 Ukrainian refugees; we should welcome as many who want to come here with open arms.Gail: We should talk more about the refugees long term, but of course the immediate challenge is to support them in every way possible.Bret: If Romania can take in more than half a million refugees, we can take in at least as many.Gail: Not going to argue, but right now back to domestic matters …Bret: Biden’s other big task is doing what he can to ease the burden of inflation. We both know that’s mainly a job for the Fed. But the government can still ease all kinds of regulatory burdens that constrict supply chains, like employing members of the National Guards to make up for the trucker shortage. I’m also in favor of the proposal from Maggie Hassan and Mark Kelly — both Democratic senators — to suspend the federal tax on gasoline for the rest of the year, though I would only reinstate it once the price of gasoline falls below $3.50 a gallon, no matter whether that happens before November or after. Gas taxes are really regressive once you stop to think of the bite they take out of the pockets of working-class people who drive back and forth to work.Gail: Short-term gas price relief would be great, as long as it’s combined with long-term plans to fight climate change with energy-efficient cars and more mass transit. Although I know the latter tends to cause many conservative conservatives to shudder.On a completely different but totally fascinating topic: Ginni Thomas. Wife of a Supreme Court justice and now revealed as a very aggressive, deeply crazy activist in the Trump-really-won sideshow.Should we worry about her? Is she dangerous or just astonishingly weird?Bret: Depends on whether you think that being a fever-swamp conservative is dangerous, weird or just the depressing new normal. “All of the above” is also a possibility. Mrs. Thomas attended the “Stop the Steal” rally on Jan. 6. She urged the Trump team to feature Sidney Powell, the lawyer with bizarro theories about voting machine fraud. And she wrote Mark Meadows, Trump’s chief of staff, some texts right after the election was called for Biden, telling him to “stand firm” against “the greatest Heist in our History.”All of which says to me that I’m glad I’m not the one who gets to hang with Ginni Thomas, but de gustibus non est disputandum, as they used to say. Do you think her behavior should require Clarence Thomas to recuse himself in some cases?Gail: If they get an overturn-the-election case, or even anything relating to the Jan. 6 riots, I would say he’d either have to recuse or be impeached. Otherwise it’s hard to imagine enough pressure building. But I’d be happy to hear I’m wrong. What do you think?Bret: He’d have to recuse himself in those kinds of cases, because the appearance of a conflict of interest is now overwhelming. That said, if every public official were on the hook for nutty things done or said by spouses or family members, it would probably have unintended consequences nobody would like. For instance: Hunter Biden.Gail: I will refrain from dipping back into our Hunter Biden argument except to point out that some experts think he’s getting a reasonable price for his artwork these days. Lips sealed …Bret: But speaking of the Supreme Court, did you watch the Senate hearings for Judge Ketanji Brown Jackson? How do you think she did?Gail: Better than great.Bret: Agree. I don’t think her confirmation is in any doubt, especially now that Joe Manchin has come out in her favor, but I enjoyed watching her politely making mincemeat of Ted Cruz, who is a one-man reminder of why sentient people hate politicians. If Republicans were wiser, they’d register their disagreements with some of her positions but vote to confirm her on the principle that she’s fully qualified to serve on the high court. But … they won’t.Gail: Also watching the dreaded Marsha Blackburn asking Jackson to define “woman.” Glad we agree that Republicans aren’t wise.Bret: In the meantime, Gail, it looks like we have a new superinfectious sub-variant of Covid to keep us awake at night. Forget Omicron, now we’ve got Omigod.Gail: I’m going with Dr. Fauci’s theory that it’s not something to get frazzled about. Unless, of course, you haven’t been vaccinated, in which case there’s probably not any point in having a conversation.But I am appalled that Congress didn’t approve the $15.6 billion Biden wanted for tests, treatments and research on vaccines for new variants. If I’m going to side with the throw-away-masks crowd, I’m also going to side with the fund-the-support-system gang.Bret: If we’re going to start thinking of Covid as a relatively normal illness, maybe we need to stop treating it like a national emergency. What do you say we argue about this another day?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

    • 100 Shares189 Views

      in Elections

      Texts Show Ginni Thomas’s Embrace of Conspiracy Theories

      by

      In the aftermath of the 2020 presidential election, the wife of Justice Clarence Thomas was involved in a range of efforts to keep President Donald J. Trump in power.Two days after the 2020 election, Virginia Thomas, the wife of Justice Clarence Thomas, texted an old friend, Mark Meadows, the chief of staff to President Donald J. Trump.She sent messages that had been making the rounds on pro-Trump sites, where anger over the election echoed her own raw feelings, including this passage: “Biden crime family & ballot fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc) are being arrested & detained for ballot fraud right now & over coming days, & will be living in barges off GITMO to face military tribunals for sedition.”Then she added of this fanciful, if chilling, set of conspiracy theories: “I hope this is true.”She texted Mr. Meadows again the next day. “Do not concede,” she wrote. “It takes time for the army who is gathering for his back.”The messages were among a flurry of text traffic between Ms. Thomas and Mr. Meadows that was revealed this past week, part of a trove of documents previously turned over to the House committee investigating the Jan. 6 attack on the Capitol. (Ms. Thomas has openly opposed the committee and called for Republicans who serve on it to be expelled from the House Republican conference.)A hard-line conservative activist, Ms. Thomas had long been viewed with suspicion by the Republican establishment. Yet her influence had risen during the Trump administration, especially after Mr. Meadows, who like Ms. Thomas has roots in the Tea Party movement, became chief of staff. Now, an examination of her texts, woven together with recent revelations of the depth of her efforts to overturn the election, shows how firmly she was embedded in the conspiratorial fringe of right-wing politics, even as that fringe was drawing ever closer to the center of Republican power.The disclosures add urgency to questions about how Ms. Thomas may have leveraged her marriage to Justice Thomas, who would be ruling on elections cases throughout the battle over the 2020 vote and beyond. As his wife agitated for Mr. Trump and his aides to turn aside the election results, Justice Thomas was Mr. Trump’s staunchest ally on the Supreme Court and has remained so. This year, in January, he was the only justice who noted a dissent when the court allowed the release of records from the Trump White House related to the Jan. 6 attack.Calls intensified this past week for Justice Thomas to step aside from such cases. Senator Ron Wyden, Democrat of Oregon, said on Friday that Justice Thomas “needs to recuse himself from any case related to the Jan. 6 investigation, and should Donald Trump run again, any case related to the 2024 election.”The Thomases have been a fiercely close couple for decades. In his memoir, Justice Thomas wrote that they were “one being — an amalgam” and called her his “best friend.” She often uses similar language to describe her husband.In one of his texts to Ms. Thomas, Mr. Meadows called the election a “fight of good versus evil” and added: “Evil always looks like the victor until the King of Kings triumphs. Do not grow weary in well doing. The fight continues.”“Thank you!! Needed that!” Ms. Thomas replied. “This plus a conversation with my best friend just now… I will try to keep holding on. America is worth it!”Ms. Thomas’s texts to Mr. Meadows tap into a deep well of debunked conspiracy theories. References to the rounding up of elected officials, reporters and bureaucrats for military tribunals at Guantánamo Bay are drawn from QAnon, which imagines Satan-worshipping leaders running the country and trafficking children.Yet in the days after the election, Ms. Thomas had far more standing to take action than most who embraced such canards. As Mr. Trump courted Justice Thomas during his years in office — curious about his popularity among the Republican base and also about rumors that he might retire, aides said — the justice’s wife won increasing access to the White House.Though some Trump aides came to view her with such suspicion that they assembled opposition research meant to damage her standing with Mr. Trump — among other things, she pressed the president to hire people who could not pass background checks, the aides said — her clout grew with time.The arc of her political career had also led her to a powerful new platform. Ms. Thomas had started out working for establishment right-leaning organizations like the Heritage Foundation and the U.S. Chamber of Commerce. But her desire for more radical change had led her to the Tea Party, and increasingly to the party’s fringes. Mr. Meadows, who was appointed chief of staff in March 2020, held similar views and has attended meetings of Groundswell, a group that Ms. Thomas founded in 2013 after consulting with Stephen K. Bannon, who would later become Mr. Trump’s chief strategist.With their brand of conservatism ascendant, Ms. Thomas had been appointed in 2019 to the nine-member board of CNP Action, an offshoot of a secretive but influential conservative group called the Council for National Policy, whose membership includes leaders of the National Rifle Association, the Family Research Council and the Federalist Society.The New York Times Magazine, in a profile of the Thomases published last month, detailed CNP Action’s assertive role in efforts to overturn the presidential election. That included circulating a document to its members in November 2020 urging them to pressure Republican lawmakers in swing states to challenge the results and appoint alternate slates of electors: “Demand that they not abandon their Constitutional responsibilities during a time such as this,” the document said.Text messages between Ms. Thomas and Mark Meadows were part of a trove of documents turned over by Mr. Meadows to the House committee investigating the Jan. 6 attack.Al Drago for The New York TimesIn one of her texts, the contents of which were earlier reported by The Washington Post and CBS News, Ms. Thomas sent Mr. Meadows a link to a video featuring Steve Pieczenik, a former State Department official who was claiming that mail-in ballots had been watermarked as part of an elaborate government sting operation to catch voter fraud. Mr. Pieczenik previously appeared on a webcast with the conspiracy theorist Alex Jones and claimed that the 2012 school massacre in Newtown, Conn., was a false-flag operation, a notion that has been thoroughly debunked.On Nov. 19, Ms. Thomas promoted the efforts of Sidney Powell, the Trump lawyer who spent much of the postelection period spreading conspiracy theories. “Sidney and her team are getting inundated with evidence of fraud,” Ms. Thomas wrote to Mr. Meadows. “Make a plan. Release the Kraken and save us from the left taking America down.”That same day, Ms. Powell held a news conference with Rudolph W. Giuliani, one of Mr. Trump’s lawyers, at the Republican National Committee headquarters in Washington. There, she laid out baseless allegations that a cabal that included Chinese software firms, international shell companies and the financier George Soros had conspired to hack America’s voting machines.At that time, Ms. Powell was in the early stages of preparing four federal lawsuits that would present this purported plot as a reason for judges to overturn the election results. She nicknamed her suits the “Krakens,” referring to a giant octopus-like sea creature.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Virginia Thomas’ text messages. More

    • 50 Shares109 Views

      in Elections

      Real Justice: Justice Jackson

      by

      WASHINGTON — A snarling pack of white male Republicans ripping apart a poised, brainy Black woman at a Senate Judiciary Committee hearing, using sordid innuendos and baseless claims about race and porn to smear her, as her pained family sits behind her.It has been 31 years since I watched this scene, disgusted, when Anita Hill was questioned during confirmation hearings for Justice Clarence Thomas. Now Ketanji Brown Jackson has been cast into the same medieval torture chamber on Capitol Hill, with Democrats once more struggling to shield their witness from being mauled.This time, the male Torquemadas were joined by a female inquisitor, Marsha Blackburn. The Tennessee Republican is all magnolia Southern charm — until she spits venom.“Can you provide a definition for the word woman?” Blackburn asked Judge Jackson, invoking the controversy over a transgender swimmer from the University of Pennsylvania. Blackburn’s question inspired Tucker Carlson to later hold up a graphic of a woman’s reproductive system, along with a silhouette of a woman so shapely that Roger Ailes would have approved.What is a woman? Jackson shows that a woman is someone who stays cool in the face of calumny and is headed for the Supreme Court. And that will be justice for Justice Jackson.A better question might be: What is a senator?Is it a dolt who cares more about boosting unrealistic presidential ambitions with distorted information than making the Senate, for once, look like a dignified body?Feral Republicans took an exemplary record and twisted it to make Jackson look like an enabler of pedophiles. Tom Cotton all but accused her of lying, just as Arlen Specter accused Hill of perjury — based on nothing.Less than a year ago, Lindsey Graham voted to confirm Jackson for the D.C. Court of Appeals, calling her “qualified.” Now he berates her with odd questions and seems to blame her for Brett Kavanaugh’s grilling. If only John McCain could appear to him like Hamlet’s father’s ghost and slap him into shape.Perhaps Joe Biden sees his selection of Judge Jackson as a sort of expiation for his dismal performance as committee chairman for the Hill-Thomas hearings. Biden allowed the Republicans to run wild, and then he shut down the hearings before Hill’s backup witnesses testified. He cleared the path for Clarence Thomas, a liar and sexual harasser, to ascend to a lifetime appointment on the Supreme Court and impose his far-right views on the country.As Jill Abramson wrote in the Times Opinion section, the court’s 6-3 majority now “seems to be reshaping itself in Justice Thomas’s image.”In a speech at Notre Dame last year, Thomas lamented, “We have lost the capacity, even I think as leaders, to not allow others to manipulate our institutions when we don’t get the outcomes we like.”And yet manipulating institutions is exactly what his wife, Ginni, tried to do. As Bob Woodward and Robert Costa reported in a Washington Post-CBS News bombshell, the conservative activist worked frantically to overturn the results of the 2020 election, calling it an “obvious fraud,” as Donald Trump and his allies were vowing to go to her husband’s court to nullify Biden’s win.Ginni Thomas has had a chip on her shoulder since the Hill-Thomas hearings — she shamelessly left Hill a voice message in 2010 asking for an apology — and no doubt she thought if she could help claw back the presidency from Biden, that would be sweet revenge.In a cascade of text messages, she urged Trump’s chief of staff, Mark Meadows, to get Trump back into the Oval. “Help This Great President stand firm, Mark!!!” she pleaded, adding, “The majority knows Biden and the Left is attempting the greatest Heist of our History.” Ginni — who attended the Jan. 6 rally before the raid on the Capitol started — urged Meadows to “Release the Kraken.”The Republicans badgering Judge Jackson aren’t asking a single question about the explosive revelations regarding Ginni Thomas — and nor are the rest of their party. Did the justice know what his wife was doing? Was he OK with it? Does he accept that he must recuse himself from cases dealing with Jan. 6 and the election?Apparently not. “Justice Thomas has already participated in two cases related to the 2020 election and its aftermath, despite his wife’s direct involvement in the so-called Stop the Steal efforts,” Jane Mayer reported in The New Yorker.When the court rejected Trump’s request to prevent the Jan. 6 committee from getting his records relating to the attempt to overturn the election results, Thomas was the sole dissenter. Do the records implicate Ginni?Stephen Gillers, a judicial ethicist, told Mayer that it was Clarence Thomas’s duty to know about Ginni’s crusade: “‘Don’t ask, don’t tell’ is not an acceptable strategy for the Thomases’ marriage.”Thomas should never have been on the court. Now that we know his wife was plotting the overthrow of the government, he should get off or be thrown off. You can’t administer justice when your spouse is running around strategizing for a coup.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

    • 125 Shares129 Views

      in Elections

      Ginni Thomas Texts Expose Rift in House Jan. 6 Panel

      by

      There is debate within the committee investigating the assault on the Capitol over whether to seek testimony from the wife of Justice Clarence Thomas about her efforts to overturn the 2020 election.WASHINGTON — Buried in the thousands of documents that Mark Meadows, former President Donald J. Trump’s final White House chief of staff, turned over late last year to the House committee examining the Jan. 6 attack were text messages that presented the panel with a political land mine: what to do about Virginia Thomas, the wife of Justice Clarence Thomas.The messages showed that Ms. Thomas relentlessly urged Mr. Meadows to overturn the 2020 presidential election, which she called a “heist,” and indicated that she reached out to Jared Kushner, the president’s son-in-law, about Mr. Trump’s legal efforts to keep power. She even suggested the lawyer who should be put in charge of that effort.The public disclosure of the messages on Thursday focused new attention on one avenue of the investigation and risked creating a rare rift within the committee about how aggressively to pursue it, including whether to seek testimony from Ms. Thomas, who goes by Ginni.In the Thomases, the committee is up against a couple that has deep networks of support across the conservative movement and Washington, including inside the committee. The panel’s Republican vice chairwoman, Representative Liz Cheney of Wyoming, has led the charge in holding Mr. Trump to account for his efforts to overturn the election, but has wanted to avoid any aggressive effort that, in her view, could unfairly target Justice Thomas, the senior member of the Supreme Court.So although a debate has broken out inside the committee about summoning Ms. Thomas to testify, the panel at this point has no plans to do so, leaving some Democrats frustrated. That could change, however: On Friday, despite the potential for political backlash, Ms. Cheney indicated she has no objection to the panel asking Ms. Thomas for a voluntary interview.A New York Times Magazine investigation last month examined the political and personal history of Ms. Thomas and her husband. That included her role in efforts to overturn the election from her perch on the nine-member board of CNP Action, a conservative group that helped advance the “Stop the Steal” movement, and in mediating between feuding factions of organizers “so that there wouldn’t be any division around Jan. 6,” as one organizer put it.During that period, the Supreme Court was considering a number of cases related to the election, with Justice Thomas taking positions at times sympathetic to Mr. Trump’s efforts to challenge the outcome.This month, Ms. Thomas acknowledged attending the rally that preceded the violence in an interview with a conservative news outlet, but otherwise downplayed her role. Then came disclosure of the texts to Mr. Meadows, the contents of which were earlier reported by The Washington Post and CBS News.If the committee does not summon Ms. Thomas, some legal analysts said, it runs the risk of appearing to have a double standard. The panel has taken an aggressive posture toward many other potential witnesses, issuing subpoenas for bank and phone records of both high-ranking allies of the former president and low-level aides with only a tangential connection to the events of Jan. 6.“I think it would be a dereliction not to bring her in and talk to her,” said Kimberly Wehle, a University of Baltimore law professor who has closely tracked the committee’s work. “It certainly is inconsistent with their neutral, ‘find the facts where they go’ type of approach to this.”The committee’s light touch with Ms. Thomas to date reflects a number of considerations by both members and investigators, according to people familiar with the inquiry. Some saw the pursuit of Ms. Thomas as a distraction from more important targets. Others worried that pursuing Ms. Thomas could by implication sully the reputation of Justice Thomas, an icon among the Republican base. Still others argued that the panel could not know the full extent of her role without further questioning. And some members of the committee saw the text messages for the first time on Thursday.Text messages show that Ms. Thomas relentlessly urged the president’s chief of staff to overturn the 2020 presidential election.Susan Walsh/Associated PressThe lack of consensus also underscores the extent to which Justice Thomas’s shadow, including his network of supporters and former clerks, looms over various aspects of the investigation. Three of Justice Thomas’s former clerks — a federal judge, a top committee investigator and a key adviser to Mr. Trump — have major roles in the matter.A main strategist in the effort to try to overturn the election, the lawyer John Eastman, was a former clerk of Justice Thomas’s. John Wood, one of the Jan. 6 committee’s top investigators and another former Thomas clerk, is leading the so-called gold team examining Mr. Trump’s inner circle. And a federal judge, Carl J. Nichols, who is hearing cases related to the Capitol riot, is also a former clerk of Justice Thomas’s.This dynamic was on display during a deposition in December of Mr. Eastman, who was subpoenaed by the committee to talk about his role in helping Mr. Trump try to overturn the election. Mr. Wood began the questioning by noting that Mr. Eastman had once served as a clerk to Justice Thomas.“Like you, John,” Mr. Eastman shot back.For at least several weeks, the committee’s senior level has discussed whether to call Ms. Thomas to testify, as well as whether to issue subpoenas for any other communications she may have had with the White House or the president’s legal team about the election, including a message she told Mr. Meadows she sent to Mr. Kushner, according to people with knowledge of the investigation.There are plenty of leads to pursue. The committee could recall Dustin Stockton, a rally organizer who told The Times about a conversation he had with Caroline Wren, a Republican who helped raise money for the Jan. 6 “March for America,” in which she described Ms. Thomas’s peacemaking role. They could also recall Amy Kremer and Jenny Beth Martin, two rally organizers close to Ms. Thomas, to ask about her postelection communications with them.It could subpoena records from not only Ms. Thomas, but also CNP Action, which was deeply involved in the effort to spread falsehoods about the election. Investigators could ask her the name of the friend she was referring to when she wrote back to thank Mr. Meadows, saying: “Needed that! This plus a conversation with my best friend just now…I will try to keep holding on.” (Ms. Thomas and her husband have publicly referred to each other as their best friends.) Ultimately, they could ask her whether she had discussed Mr. Trump’s fight to overturn the election with her husband.Ms. Thomas said she attended a rally on Jan. 6 before the pro-Trump mob attacked the Capitol.Pete Marovich for The New York TimesJustice Thomas has declined to comment on the matter, through a representative. A lawyer for Ms. Thomas did not immediately respond to a request for comment.Privately, some Republicans conceded that Ms. Thomas’s texts to Mr. Meadows were a mistake — particularly ones in which she urged Mr. Meadows to make Sidney Powell, a lawyer who had advocated conspiracy theories about voting machines being hacked, the face of the legal team. Yet the Republicans, who spoke on the condition of anonymity because they worried about being seen as critical of Ms. Thomas, predicted that if Democrats increased pressure on the Thomases, the right would counter with more calls for investigations of Democrats if Republicans win back the House in the November elections.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Virginia Thomas’ text messages. More

    • 163 Shares189 Views

      in Elections

      Justice Thomas Ruled on Election Cases. Should His Wife’s Texts Have Stopped Him?

      by

      The nature of the text messages was enough to require recusal, legal experts said. But the Supreme Court has traditionally left such decisions to the discretion of the justice in question.WASHINGTON — The disclosure that Virginia Thomas, the wife of Justice Clarence Thomas, had sent a barrage of text messages to the Trump White House urging efforts to overturn the 2020 election brought into sharp focus the conflict of interest her political activism has created — and the lack of a clear-cut remedy.It is one thing, experts in legal ethics said on Friday, for the spouse of a Supreme Court justice to express political views, even ones shot through with wild conspiracy theories. That may not by itself require the justice’s recusal from cases touching on those views.But the text messages from Ms. Thomas, a longtime conservative activist who goes by Ginni, revealed something quite different and deeply troubling, experts said.The messages from Ms. Thomas to Mark Meadows, President Donald J. Trump’s chief of staff, sent during and just after the fraught weeks between the 2020 presidential election and the Jan. 6 attack on the Capitol, demonstrated that she was an active participant in shaping the legal effort to overturn the election.“I’m not sure how I would have come out if we just had a lot of texts from her saying that ‘this is terrible,’ said Amanda Frost, a law professor at American University in Washington.“But she wasn’t doing just that,” Professor Frost said. “She was strategizing. She was promoting. She was haranguing.”The texts were among about 9,000 pages of documents that Mr. Meadows turned over to the congressional committee investigating the Capitol attack. Democrats immediately seized on the disclosure to draw attention to the conflicts they said were presented by Ms. Thomas’s political activities and to press Justice Thomas to recuse himself from cases concerning the election and its aftermath. Senator Ron Wyden, Democrat of Oregon, said that Justice Thomas’s “conduct on the Supreme Court looks increasingly corrupt” and that he had been “the lone dissent in a case that could have denied the Jan. 6 committee records pertaining to the same plot his wife supported.”Justice Thomas, Mr. Wyden said, “needs to recuse himself from any case related to the Jan. 6 investigation, and should Donald Trump run again, any case related to the 2024 election.”But Justice Thomas, who was released from the hospital on Friday after being treated for the last week for flulike symptoms, has long been a pillar of the conservative establishment. Republicans, even those who have distanced themselves from Mr. Trump and the more extreme wing of their party, showed no interest in pressuring him to recuse himself.Ms. Thomas’s text messages were heated and forceful, urging Mr. Meadows to pursue baseless legal challenges. “Biden and the Left is attempting the greatest Heist of our History,” one said.Ms. Thomas’s activities should have prompted Justice Thomas to disqualify himself from cases related to them, said Stephen Gillers, a law professor at New York University.“He had an obligation not to sit in any case related to the election, the Jan. 6 committee or the Capitol invasion,” he said.Professor Frost agreed that the situation was “an easy case.”“When your spouse is conversing with people who have some control over litigation to challenge an election,” she said, “you shouldn’t be sitting on the Supreme Court deciding that election or any aspect of it.”But Justice Thomas did participate in a ruling in January on an emergency application from Mr. Trump asking the court to block release of White House records concerning the attack on the Capitol. The court rejected the request, in a sharp rebuke to the former president.Only Justice Thomas noted a dissent, giving no reasons.He also participated in the court’s consideration of whether to hear a related appeal, one in which Mr. Meadows filed a friend-of-the-court brief saying that “the outcome of this case will bear directly” on his own efforts to shield records from the House committee investigating the attacks beyond those he had provided.The Supreme Court last month refused to hear the case, without noted dissent. There was no indication that Justice Thomas had recused himself.In December 2020, around the time of the text messages, Justice Thomas participated in a ruling on an audacious lawsuit by Texas asking the court to throw out the election results in four battleground states. The court rejected the request, with Justices Thomas and Samuel A. Alito Jr. issuing a brief statement suggesting the majority had acted too soon in shutting the case down.In February 2021, Justice Thomas addressed election fraud in a dissent from the Supreme Court’s decision to turn away a challenge to Pennsylvania’s voting procedures.Ms. Thomas’s messages urged Mark Meadows, President Donald J. Trump’s chief of staff, to pursue baseless legal challenges.Oliver Contreras for The New York Times“We are fortunate that many of the cases we have seen alleged only improper rule changes, not fraud,” he wrote. “But that observation provides only small comfort. An election free from strong evidence of systemic fraud is not alone sufficient for election confidence.”Justice Thomas did not respond to a request for comment on Friday.All federal judges, including Supreme Court justices, are subject to a federal law on recusal. The law says that “any justice, judge or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”Judging by the nature of the text messages and the uproar over them, that provision alone is enough to require Justice Thomas’s recusal, legal experts said.A more specific provision concerning relatives, including spouses, might also apply to his situation. Judges should not participate, the law says, in proceedings in which their spouse has “an interest that could be substantially affected by the outcome of the proceeding.”Professor Gillers said the word “interest” was the key.“By writing to Meadows, who was chief of staff and active in the ‘Stop the Steal’ movement, she joined the team resisting the results of the election,” Professor Gillers said. “She made herself part of the team and so she has an interest in the decisions of the court that could affect Trump’s goal of reversing the results.”The Trump InvestigationsCard 1 of 6Numerous inquiries. More

    • 150 Shares119 Views

      in Elections

      Ginni and Clarence Thomas Are Making a Mockery of the Supreme Court

      by

      What did Justice Clarence Thomas know, and when did he know it?The question usually gets directed at politicians, not judges, but it’s a fair one in light of the revelation on Thursday that Justice Thomas’s wife, Ginni, was working feverishly behind the scenes — and to a far greater degree than she previously admitted — in a high-level effort to overturn the 2020 presidential election.As The Washington Post and CBS News first reported, Ms. Thomas, a supremely well-connected right-wing agitator, was in constant communication with the White House in the weeks following the election, strategizing over how to keep Donald Trump in office despite his incontrovertible loss. “Do not concede,” she texted to Mark Meadows, Mr. Trump’s chief of staff, on Nov. 6, the day before the major news networks called the election for Joe Biden. “It takes time for the army who is gathering for his back.” (To date, Mr. Trump has not conceded.)In dozens of messages with Mr. Meadows over several weeks, Ms. Thomas raged over baseless allegations of voter fraud and shared unhinged conspiracy theories, including one that the “Biden crime family” was in the process of being arrested and sent to Guantánamo Bay for “ballot fraud.”“Help This Great President stand firm, Mark!!!” Ms. Thomas wrote at one point. “The majority knows Biden and the Left is attempting the greatest Heist of our History.”Ms. Thomas had already acknowledged some involvement in the fight over the 2020 election count, recently confirming that she attended the Jan. 6 Stop the Steal rally in Washington, but she said she went home before Mr. Trump spoke to the crowd and before a mob of hundreds stormed the Capitol in a violent attempt to block the certification of Mr. Biden’s Electoral College victory. The texts reveal that her efforts to subvert the election were far more serious than we knew.Now recall that in January, the Supreme Court rejected Mr. Trump’s request to block the release of White House records relating to the Jan. 6 Capitol attack. Mr. Meadows had submitted a brief in the case supporting Mr. Trump. The court’s ruling came as an unsigned order, with only one noted dissent: from Justice Thomas.Perhaps Justice Thomas was not aware of his wife’s text-message campaign to Mr. Meadows at the time. But it sure makes you wonder, doesn’t it?And that’s precisely the problem: We shouldn’t have to wonder. The Supreme Court is the most powerful judicial body in the country, and yet, as Alexander Hamilton reminded us, it has neither the sword nor the purse as a means to enforce its rulings. It depends instead on the American people’s acceptance of its legitimacy, which is why the justices must make every possible effort to appear fair, unbiased and beyond reproach.That may seem naïve, particularly in the face of the crippling assaults on the court that Mitch McConnell and his Senate Republicans have carried out over the past six years in order to secure a right-wing supermajority that often resembles a judicial policy arm of the Republican Party — starting with their theft of a vacancy that was President Barack Obama’s to fill and continuing through the last-second confirmation of Amy Coney Barrett while millions of voters were already in the process of casting Mr. Trump out of office.And yet the public’s demand for basic fairness and judicial neutrality is not only proper but critical to the court’s integrity, as the justices, whoever nominated them, are well aware. Partly in response to the court’s tanking public-approval ratings, several of them have grown increasingly outspoken in defense of their independence. (Though not all of them.)The most obvious way for justices to demonstrate that independence in practice, of course, is to recuse themselves from any case in which their impartiality might reasonably be questioned. It does not matter whether there is, in fact, a conflict of interest; the mere appearance of bias or conflict should be enough to compel Justice Thomas or any other member of the court to step aside.Many of them have over the years, out of respect for the court as an institution and for the public’s faith in their probity. Just this week, Judge Ketanji Brown Jackson vowed that if confirmed she would recuse herself from an upcoming case challenging Harvard’s affirmative-action policies, because of her multiple personal and professional connections to the university. Legal-ethics experts are not even in agreement that her recusal would be necessary, but Judge Jackson is right to err on the side of caution.Justice Thomas has paid lip service to this ideal. “I think the media makes it sound as though you are just always going right to your personal preference,” he said in a speech last year. “That’s a problem. You’re going to jeopardize any faith in the legal institutions.”Bench memo to the justice: You know what jeopardizes public faith in legal institutions? Refusing to recuse yourself from numerous high-profile cases in which your wife has been personally and sometimes financially entangled, as The New Yorker reported in January. Especially when you have emphasized that you and she are melded “into one being.” Or when you have, as The Times Magazine reported last month, appeared together with her for years “at highly political events hosted by advocates hoping to sway the court.”Ms. Thomas’s efforts, and her husband’s refusal to respond appropriately, have been haunting the court for years, but this latest conflagration shouldn’t be a close call. “The texts are the narrowest way of looking at this,” Stephen Gillers, a New York University law professor and one of the nation’s foremost legal-ethics experts, told me. “She signed up for Stop the Steal. She was part of the team, and that team had an interest in how the court would rule. That’s all I need to know.” He said he has over the years resisted calling for Justice Thomas’s recusal based on his wife’s actions, “but they’ve really abused that tolerance.”Yes, married people can lead independent professional lives, and it is not a justice’s responsibility to police the actions of his or her spouse. But the brazenness with which the Thomases have flouted the most reasonable expectations of judicial rectitude is without precedent. From the Affordable Care Act to the Trump administration’s Muslim ban to the 2020 election challenges, Ms. Thomas has repeatedly embroiled herself in big-ticket legal issues and with litigants who have wound up before her husband’s court. All the while, he has looked the other way, refusing to recuse himself from any of these cases. For someone whose job is about judging, Justice Thomas has, in this context at least, demonstrated abominably poor judgment.If Justice Thomas were sitting on any other federal court in the country, he would likely have been required by the code of judicial ethics to recuse himself many times over. But the code does not apply to Supreme Court justices, creating a situation in which the highest court in the land is also the most unaccountable.This is not tolerable. For years, Congress has tried in vain to extend the ethics code to the Supreme Court. For the sake of fundamental fairness and consistency, the code must apply to all federal judges; it would at the very least force the hand of those like Justice Thomas who seem unmoved by any higher sense of duty to the institution or to the American people who have agreed to abide by its rulings.The court is in deep trouble these days, pervaded by what Justice Sonia Sotomayor recently called the “stench” of partisanship — a stench arising in no small part from the Thomases’ behavior. It is hard to imagine that the other justices, regardless of their personal politics, aren’t bothered.No one should have to choose between their devotion to their spouse and their duty to the nation. But Justice Thomas has shown himself unwilling or unable to protect what remains of the court’s reputation from the appearance of extreme bias he and his wife have created. He would do the country a service by stepping down and making room for someone who won’t have that problem.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

    • 163 Shares109 Views

      in Elections

      Ginni Thomas Pressed Trump’s Chief of Staff to Overturn 2020 Vote, Texts Show

      by

      The messages between Ms. Thomas and Mark Meadows are the first evidence that she directly advised the White House in efforts to reverse the election results.In the weeks between the 2020 presidential election and the Jan. 6 attack on the Capitol, Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, sent a barrage of text messages imploring President Donald J. Trump’s chief of staff to take steps to overturn the vote, according to a person with knowledge of the texts.In one message sent in the days after the election, she urged the chief of staff, Mark Meadows, to “release the Kraken and save us from the left taking America down,” invoking a slogan popular on the right that refers to a web of conspiracy theories that Trump supporters believed would overturn the election.In another, she wrote: “I can’t see Americans swallowing the obvious fraud. Just going with one more thing with no frickin consequences.” She added: “We just cave to people wanting Biden to be anointed? Many of us can’t continue the GOP charade.”The contents of the texts were reported earlier by The Washington Post and CBS News. They were among about 9,000 pages of documents that Mr. Meadows turned over to the congressional committee investigating the Jan. 6, 2021, Capitol attack. The texts detailed Mr. Meadows’s interactions with Republican politicians as they planned strategies to try to keep Mr. Trump in office in the weeks before the riot.The committee obtained 29 texts between Ms. Thomas and Mr. Meadows — 28 exchanged between Nov. 4 and Nov. 24, and one written on Jan. 10. The text messages, most of which were written by Ms. Thomas, represent the first evidence that she was directly advising the White House as it sought to overturn the election. In fact, in her efforts to keep Mr. Trump in power, Ms. Thomas effectively toggled between like-minded members of the executive and legislative branches, even as her husband, who sits atop the judiciary branch that is supposed to serve as a check on the other branches of government, heard election-related cases.Justice Thomas has been Mr. Trump’s most stalwart defender on the court. In February 2021, he wrote a dissent after the majority declined to hear a case filed by Pennsylvania Republicans that sought to disqualify certain mail-in ballots. And this past January, he was the only justice who voted against allowing the release of records from the Trump White House related to the Jan. 6 attack.Ms. Thomas has actively opposed the Jan. 6 committee and its work, co-signing a letter in December calling for House Republicans to expel Representatives Liz Cheney and Adam Kinzinger from their conference for joining the committee. Ms. Thomas and her co-authors said the investigation “brings disrespect to our country’s rule of law” and “legal harassment to private citizens who have done nothing wrong,” adding that they would begin “a nationwide movement to add citizens’ voices to this effort.”Many of Ms. Thomas’s postelection texts are rambling, with little attention to punctuation, and they run the gamut. She calls Nov. 3, Election Day, a “heist,” and repeats debunked conspiracy theories, including one pushed by QAnon that falsely alleged that voter fraud had been discovered in Arizona on secretly watermarked ballots.The texts show she was communicating not only with Mr. Meadows, but also with Connie Hair, the chief of staff to Louie Gohmert, the Texas Republican congressman who sued Vice President Mike Pence to force him to certify Mr. Trump as the victor of the 2020 election.Mark Meadows, left, and Jared Kushner, with whom Ms. Thomas also appears to have been in contact.Doug Mills/The New York TimesThe text traffic also suggests that Ms. Thomas was in contact with Jared Kushner, the former president’s son-in-law and adviser. Sidney Powell, the lawyer advising Trump’s campaign team known for unleashing wild theories about voting fraud, comes up repeatedly. On Nov. 13, for instance, Mr. Trump included Ms. Powell in a tweeted list of his team’s lawyers. That same day, Ms. Thomas urged Mr. Meadows to support Ms. Powell, and said she had also reached out to “Jared” to do the same: “Just forwarded to yr gmail an email I sent Jared this am,” she wrote. “Sidney Powell & improved coordination now will help the cavalry come and Fraud exposed and America saved.”When some of the president’s other lawyers began distancing themselves from Ms. Powell, Ms. Thomas warned Mr. Meadows not to “cave” to the “elites.”In one text exchange right after the election, she tells Mr. Meadow that he needs to listen to Steve Pieczenik, a onetime State Department consultant who has appeared on Alex Jones’s Infowars to claim, among other things, that the Sandy Hook school massacre was a false-flag operation.She also quoted language circulating on pro-Trump sites that said, “Biden crime family & ballot fraud co-conspirators (elected officials, bureaucrats, social media censorship mongers, fake stream media reporters, etc) are being arrested & detained for ballot fraud right now & over coming days, & will be living in barges off GITMO to face military tribunals for sedition.” She added: “I hope this is true.”Ms. Thomas and Mr. Meadows have been like-minded associates for years, and she bestowed an award on him at a 2019 gathering of conservatives. While Ms. Thomas already had access to the president, White House aides said her influence increased after Mr. Trump named Mr. Meadows chief of staff in March 2020.Mr. Meadows is no longer cooperating with the committee; a lawyer for Mr. Meadows, George J. Terwilliger III, did not immediately respond to requests for comment. Nor did Ms. Thomas or the Supreme Court. Mr. Terwilliger has argued that Mr. Meadows cooperated as much as he could without violating Mr. Trump’s assertions of executive privilege, and Mr. Meadows has filed suit against the panel to seek a court ruling to determine the validity of those assertions of executive privilege. Others challenging the committee’s subpoenas in court include John Eastman, a conservative lawyer and former clerk to Justice Thomas who wrote a memo arguing that Mr. Pence had the power to reject Electoral College votes for President Biden. Both cases could end up before the Supreme Court.A The New York Times investigation published in February highlighted Ms. Thomas’s postelection activities, including her role on the board of CNP Action, a conservative group that worked to advance efforts to overturn the election even as she was texting Mr. Meadows. In one document, it instructed members to pressure Republican lawmakers into challenging the results and appointing alternate slates of electors: “Demand that they not abandon their Constitutional responsibilities during a time such as this.”Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Requests to “rescind” the election. More

    • 150 Shares199 Views

      in Elections

      Jan. 6 Panel Warns of Contempt Charges Against Two More Trump Allies

      by

      The House committee said it would start contempt proceedings against Peter Navarro and Dan Scavino, and pressed its case that fund-raising emails falsely asserting election fraud helped stoke the Capitol riot.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol said on Thursday that it would consider contempt of Congress charges against two more allies of former President Donald J. Trump for refusing to comply with its subpoenas.The potential charges against Peter Navarro, a former White House adviser, and Dan Scavino Jr., a former deputy chief of staff, could result in jail time and a hefty fine, and must be approved by a vote of the House. The committee said it would hold a public vote on whether to recommend the charges on Monday.The committee’s actions show how increasingly frustrated top investigators have become with some of Mr. Trump’s closest allies, some of whom have refused to sit for interviews or turn over documents even as hundreds of other witnesses — including top officials in the Trump White House — have voluntarily complied.The committee issued a subpoena in February to Mr. Navarro, who has spoken openly of his involvement in what he calls an “operation” to keep Mr. Trump in office after he lost the 2020 election. He has said he would not comply with the committee’s subpoena, citing Mr. Trump’s invocation of executive privilege over White House materials while he was in office.On Thursday, he called the committee’s announcement an “unprecedented partisan assault on executive privilege.”“If President Trump waives the privilege, I would be happy to testify. It is premature for the committee to pursue criminal charges against an individual of the highest rank within the White House for whom executive privilege undeniably applies,” Mr. Navarro said. “Until this matter has been settled at the Supreme Court, where it is inevitably headed, the committee should cease its tactics of harassment and intimidation.”The committee has sought Mr. Scavino’s testimony since September, when it issued him a subpoena. Mr. Scavino was in contact with Mr. Trump and others who planned the rallies that preceded the violence of Jan. 6, 2021, and he met with Mr. Trump on Jan. 5 to discuss how to persuade members of Congress not to certify the election for President Biden.He also promoted the Jan. 6 “March for Trump” on Twitter, encouraging people to “be a part of history,” and posted messages to Twitter from the White House that day, according to the panel.In January this year, Mr. Scavino sued Verizon seeking to stop the company from turning over his phone records to the committee. Stanley Woodward, a lawyer for Mr. Scavino, declined to comment.A contempt of Congress charge carries a penalty of up to a year in jail. A recommendation from the panel would send the matter to the full House, which would then have to vote to refer the charge to the Justice Department.The only target of the House investigation to have been criminally charged with contempt of Congress so far is Stephen K. Bannon, Mr. Trump’s onetime top adviser. That case, which is tentatively set to go to trial in July, has been bogged down recently in arguments over whether Mr. Bannon can defend himself by claiming he was merely following the advice of his lawyers when he declined to respond to the committee’s subpoena.In December, the House also recommended that Mark Meadows, Mr. Trump’s final chief of staff, face criminal contempt of Congress charges for his own refusal to cooperate with the committee’s investigation. The Justice Department has not yet decided whether to pursue criminal charges against Mr. Meadows, who turned over thousands of documents to the committee but ultimately refused to sit for an interview.The potential contempt charges come as the committee is fending off a litany of lawsuits from witnesses seeking to block its subpoenas. In response to one such suit, the committee on Thursday laid out more of the case it is building, directly linking the storming of the Capitol to the lucrative fund-raising effort by the Republican National Committee and the Trump campaign that was built on false claims that Democrats had stolen the election from Mr. Trump.In a filing in federal court in Washington, the committee gave its most detailed statement yet of why it believes the joint fund-raising effort was not just a plan to dupe donors into sending the Trump campaign and the R.N.C. millions, but also a leading cause of the mob attack on Congress.In a 57-page document, the committee outlined how, in the weeks after Mr. Trump lost the election, his campaign and the R.N.C. raked in hundreds of millions of dollars sending out fund-raising appeals that called Mr. Biden’s victory “illegitimate” and encouraged supporters to “fight,” including multiple messages sent the same day the Capitol was attacked.“There is evidence that numerous defendants charged with violations related to the Jan. 6 attack on the U.S. Capitol and others present on the Capitol grounds that day were motivated by false claims about the election,” Douglas N. Letter, the general counsel of the House, wrote in the filing. “In fact, many defendants in pending criminal cases identified President Trump’s allegation about the ‘stolen election’ as a motivation for their activities at the Capitol.”Peter Navarro has said he would not comply with the committee’s subpoena, citing Mr. Trump’s invocation of executive privilege over White House materials while he was in office.Anna Moneymaker for The New York TimesFor months, the committee’s investigators have examined whether a range of crimes were committed, including two in particular: whether there was wire fraud by Republicans who raised millions of dollars off assertions that the election was stolen, despite knowing the claims were not true, and whether Mr. Trump and his allies obstructed Congress by trying to stop the certification of electoral votes. In recent civil court filings, the committee has begun laying out some of what investigators contend is evidence of criminality.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Requests to “rescind” the election. More