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

    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

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

    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

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    Group Wanted to Kidnap Michigan Governor and Block Biden’s Election, Plotter Says

    By abducting Gov. Gretchen Whitmer, one man who pleaded guilty said, he hoped to disrupt the 2020 election and perhaps start a civil war.GRAND RAPIDS, Mich. — To hear Ty Garbin tell it, the kidnapping of Michigan’s Democratic governor would have been just the beginning.By abducting Gov. Gretchen Whitmer, Mr. Garbin and other plotters hoped, he said, to set off a chain of events that would prevent Joseph R. Biden Jr. from being elected president and perhaps foment a civil war.“The plan was for us to basically be the ignition to it, and hopefully other states or other groups would follow,” said Mr. Garbin, who pleaded guilty last year to conspiring to kidnap the governor and who testified this week at the federal trial of four other men accused of participating in the plot.Since Mr. Garbin and the others were arrested in October 2020, before there was any attempt to carry out a plan, prosecutors have portrayed the group as a menace to democracy and a vivid example of the dangers of domestic extremism. Lawyers for the four men now standing trial have described the case instead as an F.B.I. trap, in which their clients were targeted for their political views, pushed toward a far-fetched plot by government informants and undercover agents, then prosecuted for their speech.That made the testimony of Mr. Garbin, a militia leader who was neither an informant nor a federal agent, pivotal to the prosecutors’ case against the men on trial. The defendants, Brandon Caserta, Barry Croft, Adam Fox and Daniel Harris, are charged with kidnapping conspiracy and could face life in prison if convicted. Mr. Croft, Mr. Fox and Mr. Harris are also accused of planning to blow up a bridge and were charged with conspiracy to use a weapon of mass destruction.Wearing an orange jail jumpsuit, his hands cuffed in front of his waist, Mr. Garbin testified for hours this week at the federal courthouse in downtown Grand Rapids. Looking straight ahead, and speaking in even tones, Mr. Garbin told jurors that he had wanted to kidnap Ms. Whitmer, and that he had been prepared for a gunfight with her security detail. Mr. Garbin testified that he had not been pushed into his planning by an F.B.I. informant whom defense lawyers have tried to portray as the architect of the plot.Ty GarbinKent County Sheriff, via Associated PressUnder questioning by prosecutors, Mr. Garbin pointed out to jurors an AR-15 rifle and a pistol that he said he was prepared to use against the governor’s security detail, as well as a bulletproof vest where he planned to store extra bullets. He recounted a nighttime “recon” mission in which he and other members of the group tried to scope out Ms. Whitmer’s vacation cottage, outside the northern Michigan town of Elk Rapids, but ended up driving aimlessly on her street because they had the wrong address. And he described a training outing where he and others went through a makeshift “shoot house” as practice for storming Ms. Whitmer’s vacation home.“The purpose of the training was furthering our skills to prepare for kidnapping the governor of Michigan,” said Mr. Garbin, 26, who until his arrest worked as an airplane mechanic at Detroit’s international airport. He received a prison sentence of just over six years after pleading guilty and agreeing to cooperate with prosecutors.Another prosecution witness who also pleaded guilty to the kidnapping conspiracy, Kaleb Franks, testified on Thursday that he also intended to kidnap the governor and had not been forced into the plot by the F.BI. Mr. Franks, who has not yet been sentenced, said he had hoped to die during the attack on the governor. Mr. Franks, 27, said he had been in despair after the deaths of three close family members.Prosecutors said in the months before the arrests, the men, many of whom were militia members, attended meetings and what they described as “field training exercises” to practice shooting and first-aid. In one exercise, they videotaped themselves jumping out of Mr. Franks’s bright-blue PT Cruiser and taking cover behind its doors while they fired rifles.Secretly recorded audio and private messages also showed members of the group repeatedly airing grievances about the government, especially about Covid-19 restrictions, and expressing openness to a range of possible attacks. But there has been vast disagreement in court about how close they were to carrying out any attack, and about what their exact plan even was.Dan Chappel, a military veteran who signed on as an F.B.I. informant in early 2020 after becoming worried about the goals of one militia, the Wolverine Watchmen, pretended to befriend the men who were charged and recorded their interactions for months. As the group began to develop a plan, some of the defendants mused about storming the State Capitol in Lansing or taking Ms. Whitmer in a boat across Lake Michigan or blowing up a bridge to make it harder for police to respond to the kidnapping.But defense lawyers, who are pursuing an entrapment defense, questioned Mr. Chappel’s role in the plot, pointing out that he helped lead militia training and made suggestions about attack plans. The implication was that, if not for Mr. Chappel, who was receiving instructions from the F.B.I., the plan to kidnap Ms. Whitmer would probably not have moved forward.Mr. Chappel, who spent parts of several days on the witness stand, said he believed the men intended to kidnap Ms. Whitmer, kill members of her security detail and eventually kill the governor herself after staging a fake trial. But the exact plans for the kidnapping, a date for which had not seen set, seemed to have still been in flux at the time of the arrests, a fact that defense lawyers have seized on.Mr. Garbin, who had expressed hope of setting off a civil war, testified that he thought they would kidnap Ms. Whitmer, take her out on Lake Michigan, strand her in a boat, drop the motor and leave her there alone. Under cross-examination, Mr. Garbin conceded that no boat had been selected for that mission, and that he did not know how the kidnappers planned to get themselves back to shore.“How were you going to drop this nonspecific motor from this nonspecific boat into the lake?” Joshua Blanchard, a lawyer for Mr. Croft, asked.The trial, now in its third week, is expected to continue into April. More

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    Mo Brooks Says Trump Asked Him to Illegally ‘Rescind’ Election

    Representative Mo Brooks of Alabama, who was involved in the former president’s efforts to challenge the election, made the charge after Mr. Trump took back his endorsement.Representative Mo Brooks, an Alabama Republican who was deeply involved in former President Donald J. Trump’s effort to use Congress to upend the 2020 election and stay in office, claimed on Wednesday that the former president had asked him repeatedly in the months since to illegally “rescind” the election, remove President Biden and force a new special election.Mr. Brooks made the extraordinary charge as the two onetime allies were engaged in a bitter political feud, and it was not immediately clear how their falling out related to the accusation. But the account from the Alabama congressman, who played a central role in challenging electoral votes for Mr. Biden on Jan. 6, 2021, suggested that Mr. Trump has continued his efforts to overturn his defeat and be reinstated.It marked the first time a lawmaker who was involved in Mr. Trump’s attempts to invalidate his election defeat has said that Mr. Trump asked for actions that, were they possible, would violate federal law.His statement came after Mr. Trump withdrew his endorsement of Mr. Brooks in the Republican primary for Alabama’s Senate seat, undercutting the congressman’s already slim chances in a crowded intraparty race.“President Trump asked me to rescind the 2020 elections, immediately remove Joe Biden from the White House, immediately put President Trump back in the White House, and hold a new special election for the presidency,” Mr. Brooks said in a statement on Wednesday. “As a lawyer, I’ve repeatedly advised President Trump that Jan. 6 was the final election contest verdict and neither the U.S. Constitution nor the U.S. Code permit what President Trump asks. Period.”In a subsequent text message, Mr. Brooks said Mr. Trump had made the request of him on “multiple occasions” since Sept. 1, 2021. He said the former president did not specify how exactly Congress would reinstall him as president, and Mr. Brooks repeatedly told him it was impossible.“I told President Trump that ‘rescinding’ the 2020 election was not a legal option. Period,” Mr. Brooks wrote.Mr. Brooks said Mr. Trump brought up the matter to him repeatedly over the past six months. He said he had initially hoped the requests were not connected to his endorsement in the Senate race, but now believes that Mr. Trump was dangling public support of Mr. Brooks’s candidacy as leverage to try to get a new election.“I hoped not but you’ve seen what happened today,” Mr. Brooks said in a text. “For emphasis, the conversations about Jan. 6, 2021 being the only 2020 remedy have been going off and on for 6+ months.”“I know what the legal remedy for a contested presidential election is,” he continued. “There is one and only one per the Constitution and U. S. Code and it occurs on the first Jan. 6 after each presidential election. Period. Game over after January 6.”Mr. Brooks’s high-profile break with Mr. Trump raised the possibility that he might cooperate with the House committee investigating the Jan. 6 attack, providing information the panel has so far been unable to secure about what Mr. Trump told his allies in Congress before, during and after the riot. Other Republicans involved in the effort to overturn the 2020 election — Representatives Jim Jordan of Ohio and Scott Perry of Pennsylvania — have refused requests from the panel for interviews.Mr. Brooks did not immediately respond to further questions. In his statement, he said he had fought on behalf of Mr. Trump “between Nov. 3 and Jan. 6” — “when it counted.”On Dec. 21, 2020, Mr. Brooks and other House Republicans met with Mr. Trump at the White House to discuss plans to object to the election. On Jan. 6, he wore body armor as he addressed the throng of Trump supporters who gathered at the Ellipse near the White House, telling them to “start taking down names and kicking ass.”“Are you willing to do what it takes to fight for America?” Mr. Brooks said, prodding the crowd to cheer more loudly. “Will you fight for America?”Later on Capitol Hill, after a pro-Trump mob rampaged through the building, Mr. Brooks tried to object to electoral votes from several states for Mr. Biden. He also spread false claims that people who identify with antifa, a loose collective of antifascist activists, might have been responsible for the violence, and gave a speech on the floor falsely claiming the election was stolen from Mr. Trump.“Noncitizens overwhelmingly voted for Joe Biden in exchange for the promised amnesty and citizenship and, in so doing, helped steal the election from Donald Trump, Republican candidates and American citizens all across America,” Mr. Brooks said at the time.In retracting his endorsement of Mr. Brooks on Wednesday, Mr. Trump abandoned one of his most loyal acolytes in the House after months of simmering frustration and as polls showed Mr. Brooks falling behind in his state’s Republican primary.In a sign of the former president’s continued focus on the 2020 election, he cited Mr. Brooks’s remarks at a rally last summer urging voters to move on from Mr. Trump’s 2020 defeat.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3Requests to “rescind” the election. 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    Democrats Are Making Life Too Easy for Republicans

    As the 2022 midterms draw into view, the question arises: To what degree are Democratic difficulties inevitable?Ruy Teixeira, a co-editor of The Liberal Patriot, argues in an email that “the cultural left has managed to associate the Democratic Party with a series of views on crime, immigration, policing, free speech and, of course, race and gender that are quite far from those of the median voter. That’s a success for the cultural left, but the hard reality is that it’s an electoral liability for the Democratic Party.”Teixeira went on: “The current Democratic brand suffers from multiple deficiencies that make it somewhere between uncompelling and toxic to wide swaths of American voters who might potentially be their allies.”In Teixeira’s view, many Democrats have fallen victim to what he calls the “Fox News fallacy.”“This is the idea,” Teixeira said. “If Fox News criticizes the Democrats for X, then there must be absolutely nothing to X, and the job of Democrats is to assert that loudly and often.” He wrote, “Take the issue of crime. Initially dismissed as simply an artifact of the Covid shutdown that was being vastly exaggerated by Fox News and the like for their nefarious purposes, it is now apparent that the spike in violent crime is quite real and that voters are very, very concerned about it.”In an analysis of the complexity of the current Democratic predicament, Sarah Anzia, a professor of public policy and political science at Berkeley, addressed the preponderance of urban voters in the Democratic coalition: “The Democrats have a challenge rooted in political geography and the institution of single-member, first-past-the-post elections.” Citing Jonathan Rodden’s 2019 book “Why Cities Lose,” Anzia argued that the density of Democratic voters in cities has both geographically isolated the party and empowered its most progressive activist wing:They need to find ways to compete in more moderate or even conservative districts if they hope to have majorities of seats in the U.S. Congress or state legislatures. But large numbers of their voters are concentrated in cities, quite progressive and want the party to move further left in its policy positions — and not just on social-cultural issues.Anzia contended that Democrats “have collectively staked out positions that have alienated certain supporters,” which is “related to the built-in challenge I just described.”The murder of George Floyd and the Black Lives Matter protests in the summer and fall of 2020, Anzia continued,brought policing reform to the agenda in a way that it hadn’t been before, even after Ferguson, but suddenly the conversation jumped to “defund the police.” However one defines the specifics of what that should mean, I do think it sounded extreme and scary to a lot of people outside of places like Berkeley, Seattle, Minneapolis.According to Anzia’s analysis, Democratic elected officials and teachers’ unions weakened the party by closing schools for in-person instruction for too long:It made sense to have remote instruction early in the pandemic, but in many places, kids were in Zoom school until April of 2021 or even until the end of the academic year. Anyone could see that this was going to have some really negative consequences for kids.Multiple studies, Anzia wrote,show that this was more common — schools remained in remote learning longer — in more Democratic places with stronger teachers’ unions. This is an issue that affects people’s lives very directly. It handed Republicans an issue to run on.Some experts in American elections make the case that Joe Biden was elected by voters seeking a return to regular order after the tumultuous Trump years but that instead of steering a moderate course, Biden sought to become a transformative president in the mold of Franklin Roosevelt — the problem being that because his party held razor-thin majorities in Congress, he lacked the mandate to do it.Frances Lee, a political scientist at Princeton, wrote in an email thatthe structural problem here is that Democrats’ success in winning unified party control in the Georgia Senate runoffs in 2021 hugely inflated the expectations of Democratic base voters about what could be achieved. At that time, it was even bandied about that Joe Biden was going to be the next F.D.R. Democrats passed a $3.5 trillion budget resolution that envisioned a transformational domestic policy agenda. But Democrats have not been able to deliver on most of these policy goals.“Democrats,” Lee continued,have not been able to achieve that unanimity on issues of critical importance to the party’s base: voting rights, Build Back Better, minimum wage, police reform. Democratic base voters are very frustrated and disappointed right now. Considering that the policy outcomes of trifecta control of national government have been so disappointing, it is hard to see how Democrats can fire up their base to turn out again. It is difficult to see anything changing on this front between now and the 2022 midterms.Eric Schickler, a political scientist at Berkeley, described the most likely outcome of the 2022 elections as part of “a cycle of disappointment and recrimination” that not only has plagued Biden’s first two years in office but also dogged his two most recent Democratic predecessors — Bill Clinton in 1994 and Barack Obama in 2010.The pattern:Republicans provided unified opposition to Democrats’ agenda, Democrats struggled to corral all of their members behind their program, and the party’s own voters grew frustrated by the disappointing results compared to their expectations.At the moment, there is widespread pessimism among those on the left end of the political spectrum. Isabel V. Sawhill, a senior fellow at Brookings, replying by email to my inquiry, wrote that for predictable reasons, “Democrats face an uphill battle in both 2022 and 2024.”But, she went on, “the problems are much deeper. First, the white working class that used to vote Democratic no longer does.” Sawhill noted that when shestudied this group back in 2018, what surprised me most was their very negative attitudes toward government, their dislike of social welfare programs, their commitment to an ethic of personal responsibility and the importance of family and religion in their lives. This large group includes some people who are just plain prejudiced but a larger group that simply resents all the attention paid to race, gender, sexual preference or identity and the disrespect they think this entails for those with more traditional views and lifestyles.Messages coming from the more progressive members of the Democratic Party, Sawhill warned, “will be exploited by Republicans to move moderate Democrats or to move no-Trump Republicans in their direction.”Sean Westwood, a political scientist at Dartmouth, is highly critical of the contemporary Democratic Party, writing by email:Misguided focus on unpopular social policies are driving voters away from the Democratic Party and are mobilizing Republicans. Democrats used to be the party of the working class, but today they are instead seen as a party defined by ostensibly legalizing property crime, crippling the police and injecting social justice into math classes.As a result, Westwood continued,It is no surprise that this doesn’t connect with a working family struggling to pay for surging grocery bills. By abandoning their core brand, even Democrats who oppose defunding the police are burdened by the party’s commitment to unpopular social policy.The traditional strategy in midterm elections, Westwood wrote, is to mobilize the party base. Instead, he contended, Democratshave decided to let the fringe brand the party’s messaging around issues that fail to obtain majority support among the base. Perhaps the most successful misinformation campaign in modern politics is being waged by the Twitter left against the base of the Democratic Party. The Twitter mob is intent on pushing social policies that have approximately zero chance of becoming law as a test of liberalism. Even if you support reducing taxes on the middle class, immigration reform and increasing the minimum wage, opposing defunding the police or the legalization of property crime makes you an unreasonable outcast.Along similar lines, John Halpin, who works with Teixeira as a co-editor of The Liberal Patriot, emailed to say thatthe biggest problem ahead of the 2022 midterms is that voters don’t think Biden and the Democrats are focused on the issues that matter most to them. If you look at the most recent Wall Street Journal poll, Democrats are currently suffering double-digit deficits compared to Republicans on perceptions about which party is best able to handle nearly all of the issues that matter most to voters: for example, rebuilding the economy (–13), getting inflation under control (–17), reducing crime (–20) and securing the border (–26). Democratic advantages on issues like education are also down considerably from just a few years ago.There are political analysts who differ strongly from Westwood and Teixeira in their critiques of Democratic strategy.Will Bunch, a liberal columnist for The Philadelphia Inquirer, argues that Democrats should adopt a full-speed-ahead, damn-the-torpedoes approach. In a March 3 column, Bunch contended that the Reagan revolution of the 1980s still casts “a cloud of self-doubt over the Democratic Party” and thatparty messaging largely remains dominated by reaction and fear rather than boldness. Those fears seem rooted in a panic that progressive values will be seen as less American — when the reality is that ideas like academic freedom, preventing censorship and a belief in inquiry, including science, are the core beliefs of this nation. It’s past time for President Biden and other leaders of the Democratic Party to approve this message.I asked Bunch how a Democratic candidate should appeal to white working-class voters and socially conservative Black, Hispanic and Asian American voters. He replied by email:The white working class is a much more diverse group than commentators from all sides tend to credit. Remember the large turnouts for Black Lives Matter marches in isolated Rust Belt and rural communities in 2020, for example, and many in the working class remain zealously pro-union. I think the greatest cause of resentment is lack of educational and related career opportunities that have shut out the working class of all races. The Democrats are philosophically wired to expand these opportunities — through free community college and trade school, for example — yet have failed to make these a priority, ensuring a continued sense that Dems are now the party of self-enlightened degree holders looking down on them. That cycle can and must be broken.I also asked how a Democrat should counter Republicans who exploit critical race theory, defunding the police, affirmative action, transgender rights and other politically divisive issues.Bunch replied:It’s important to reframe the conversations, so that the debate about schools, for example, isn’t about critical race theory (a construction that’s only taught in law schools) but about book banning or blocking teachers from discussing even Martin Luther King or Rosa Parks, which most voters in the vast middle vehemently oppose. Likewise, Democrats need to make clear that their goal is making streets safer and ending the heartbreak of homicide, but the way to do that is by thoughtfully building safer communities, not throwing more taxpayer dollars at failed methods of policing. The best strategy on affirmative action, at least in education, is to again make higher ed a public good and eliminate the current “Hunger Games” of college admissions.Dan Froomkin, a media critic who writes at Press Watch, argued in an email that Republicans are using a collection of contrived issues with little substantive merit. On critical race theory, for example, he wrote:It’s a phony issue. What far-right Republicans mean by “critical race theory” is that white children are being taught at public schools that they should be ashamed of being white. This is a made-up issue that serves as a stalking horse for inciting white grievance. Like so many of the far-right accusations against their opponents, it really couldn’t be less true. The reality is that public schools writ large don’t teach nearly enough about the sordid aspects of American history or culture, as you well know. As a press critic, I have been horrified at how credulously many political reporters have written about Republican lies — and how impressed they were at their alleged (but entirely unproven) effectiveness. They wrote about it as if it were a real problem, rather than an obvious, bad-faith attempt to manufacture white panic.The prospect of Democratic losses in the House will have ideological consequences for both parties.Halpin pointed out that the Democrats who lose seats in Congress in 2022 are certain to be disproportionately drawn from the moderates who face the most difficulty winning re-election in purple districts:If the Democrats get clobbered this fall, it will mostly be frontline members — those who are more moderate and centrist — who lose their seats, thus paving the way for a minority Democratic Party to become even more left wing. This would be a disaster for Democrats, but no one in the party seems willing to confront it.Matt Bennett, the executive vice president of Third Way, a centrist Democratic think tank, cited a major difference now compared to past midterm elections, writing in an email:Republicans at every level are openly plotting to steal the presidency in 2024, as we detail here. An essential element of their plot is winning control of Congress. That means the future prospects of both the Democratic Party and American democracy could be severely damaged by a loss in 2022.The congressional Republicans, Bennett continued,who stood up to Trump’s assault on democracy now number in the single digits, and most of them are retiring or likely to lose in primaries. The candidates who would give them their majorities are, almost to a person, fully committed to the big lie that Trump won in 2020. Almost all have run on a set of authoritarian messages that include fear of the mythical deep state, disregard for constitutional and legal protections (other than the Second Amendment) and contempt for vital norms of governing. Worst of all, they have committed themselves to unyielding support for Donald Trump, who has staked his entire postpresidency and comeback effort on an assault on voting. Putting his acolytes in charge of Congress could send us careening toward the cliff, endangering the future of the world’s oldest and sturdiest democracy.Bennett warned:While the economy continues to impact voter behavior most, Republicans have been able to weaponize culture war issues in ways that significantly damage Democrats. In a major retrospective on the 2020 congressional elections that Third Way ran along with the Collective PAC and Latino Victory Fund, we found that Republican attempts to brand Democrats as radicals worked devastatingly well. Of the 12 House Democratic freshmen who lost last cycle — on a ticket with a winning presidential candidate — all were seriously hurt by culture war attacks.This Democratic liability has become acute as politics have become nationalized, making all Democrats pay a price for what a small but prominent group pushes for:Members of Congress on the far left have taken a series of positions — like defunding the police, abolishing Immigration and Customs Enforcement, closing federal prisons, decriminalizing border crossings, etc. — that are politically toxic in swing districts. It is no longer the case that what happens in a deep blue district, where these kinds of ideas might be more palatable, stays there. The fact is that these kinds of ideas and slogans do create a perception among swing voters that Democrats are outside the mainstream.John Lawrence, who served as an aide in the House for 38 years, including eight as chief of staff to Nancy Pelosi, is the kind of party strategist hardly anyone outside Washington has heard of but who is exceptionally knowledgeable about the state of American politics.Lawrence replied by email to my inquiry:I think a lot of voters will use 2022 to remind Biden (and Democrats, since they can’t vote against him) that their vote in 2020 was a vote to return to normalcy, not a blank check to build on the New Deal and Great Society. Once in office — albeit with ridiculously narrow margins — Democrats used the crisis to swing for the stands, ignoring the historical lesson of the Senate’s moderating role. So they have created the worst of all worlds: a failure to enact what the base demanded (but they did not have the votes to deliver) and the appearance of having overreached and invited an electoral haircut by many 2020 supporters who never embraced such a sweeping agenda.The Russian invasion of Ukraine makes the future highly uncertain not only in Europe but throughout the world. Similarly, if less violently, the state of the economy, inflation and the trajectory of Covid are fuel for dissension and remain unpredictable.The historical pattern of midterm contests suggests that a rejection of the party in power is the customary order of business. But the consequences of a Republican takeover of the House or of both branches of Congress are unlikely to be routine. What we can be sure of is that the Democrats can’t go on forever with this much of a gulf between what the majority of progressive party activists think the party should stand for and what the majority of Americans think it should.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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    La historia detrás del diario de Ashley Biden

    Proyecto Veritas llamó a la hija del presidente para corroborar que era su diario. Las investigaciones judiciales revelan nuevos datos que muestran cómo fue que esa organización trabajó para divulgar información personal sobre la familia Biden.Un mes antes de las elecciones estadounidenses de 2020, la hija de Joe Biden, Ashley, recibió una llamada de un hombre que dijo que la quería ayudar. Con un tono amistoso, le aseguró que había encontrado un diario que creía que le pertenecía a ella, y quería devolvérselo.Es cierto que Ashley Biden había escrito un diario durante el año anterior mientras se recuperaba de una adicción y lo había guardado, junto con otras pertenencias, en la casa de un amigo en Florida donde había vivido hasta unos pocos meses antes. Si el contenido de ese diario personal se hubiese divulgado, podría haber significado una vergüenza o una distracción para su padre durante un momento crítico de la campaña.Biden acordó con el hombre que llamó que, al día siguiente, enviaría a una persona para que buscara el diario.Pero no estaba tratando con un buen samaritano.Esa persona trabajaba para el Proyecto Veritas, un grupo conservador que se había convertido en uno de los predilectos del presidente Donald Trump, según entrevistas con personas familiarizadas con la secuencia de eventos. Desde la sede del grupo en el condado de Westchester, Nueva York, y acompañado por otros miembros de la organización, el hombre buscaba engañar a Biden para que confirmara la autenticidad del diario, el cual Proyecto Veritas estaba a punto de comprarle a dos intermediarios por 40.000 dólares.El hombre que llamó no se identificó como alguien vinculado al Proyecto Veritas, según relatos de dos personas que conocen los detalles de la conversación. Al final de la llamada, varios integrantes del grupo que estuvieron presentes, que escucharon grabaciones de la llamada o que fueron informados sobre la conversación, creían que Biden había dicho más que suficiente para confirmar que era su diario.Los nuevos detalles sobre el esfuerzo del Proyecto Veritas para confirmar que el diario era de Biden, son elementos de una historia que sigue en proceso y que se enfoca en cómo algunos partidarios de Trump, y una organización conocida por sus operaciones encubiertas, trabajaron para exponer información personal sobre la familia Biden durante la campaña electoral de 2020.A través de entrevistas, y documentos judiciales y de otros tipos, la nueva información le agrega más detalles a lo que se sabe sobre un episodio que ha causado una investigación penal sobre el Proyecto Veritas por parte de fiscales federales, quienes sugirieron tener evidencia de que el grupo fue cómplice en el robo de la propiedad de Ashley Biden y el transporte de bienes hurtados a través de fronteras estatales.Además, al demostrar que el Proyecto Veritas utilizó el engaño en vez de técnicas periodísticas tradicionales cuando contactó a Biden —la persona que hizo la llamada se identificó con un nombre falso—, los nuevos testimonios podrían complicar aún más las afirmaciones que hizo la organización en documentos judiciales de que debería ser tratada como una editorial y recibir las protecciones consagradas en la Primera Enmienda. Con regularidad, el Proyecto Veritas lleva a cabo operaciones encubiertas, emboscadas para entrevistas y operativos de vigilancia, principalmente contra organizaciones y periodistas liberales.Al mismo tiempo, la nueva información sobre el caso sugiere que el esfuerzo por divulgar el diario provino de niveles más profundos del círculo de Trump de lo que se suponía.Un mes antes de que llamaran a Ashley Biden, el diario había sido compartido en un evento de recaudación de fondos de Trump en Florida, en la casa de una donante que ayudó a conseguir el diario y se lo entregó al Proyecto Veritas, y que luego fue nominada por Trump para el Consejo Nacional Consultivo de Cáncer. Entre los asistentes al evento se encontraba Donald Trump Jr., aunque no se sabe si leyó el diario.Los fiscales federales han estado investigando el modo en el que el Proyecto Veritas obtuvo el diario, y en otoño del año pasado realizaron allanamientos en las casas de tres de los agentes del grupo, incluida la de su fundador, James O’Keefe. En diversos documentos judiciales, los fiscales han sugerido que la organización fue cómplice en el robo de algunas pertenencias de Ashley Biden porque los testimonios muestran que el grupo obtuvo esos objetos al tiempo que intentaba confirmar la autenticidad del diario.El Proyecto Veritas —que demandó a The New York Times por difamación en otro caso— ha negado cualquier irregularidad o conocimiento de que alguna pertenencia haya sido robada. Se ha presentado como una organización de medios que está siendo injustamente investigada solo por ejercer periodismo, y ha atacado al Departamento de Justicia y al FBI por la manera en que han manejado el caso.Los fiscales han señalado que ven las circunstancias de otra manera; en un documento judicial en un tribunal casi desestimaron por completo los argumentos de la defensa del grupo que sostiene que actuaron como una organización de noticias. “La Primera Enmienda no brinda protección contra el robo y el transporte interestatal de propiedad robada”, afirmaron.En respuesta a una solicitud de comentarios al Proyecto Veritas, O’Keefe envió un correo electrónico criticando a The New York Times. “Imagínense escribir de forma tan divergente de la realidad y con un uso tan falaz de insinuaciones, que literalmente no exista ninguna expresión que no empeore la situación”, declaró.Los portavoces del FBI y de los fiscales federales que supervisan el caso en el distrito sur de Nueva York se negaron a hacer comentarios, al igual que Roberta Kaplan, abogada de Ashley Biden.Project Veritas se presenta como una organización de medios que está siendo investigada injustamente y ha atacado al Departamento de Justicia y al FBI por su manejo del caso.Stefani Reynolds para The New York TimesEl Times informó con anterioridad que la historia de la participación del Proyecto Veritas en el caso del diario comenzó en los meses previos al día de las elecciones.En julio de 2020, una madre soltera con dos hijos se mudó a la casa en alquiler de un exnovio en Delray Beach, Florida. La mujer, Aimee Harris, simpatizante de Donald Trump, le dijo al exnovio que tenía poco dinero, que no tenía dónde vivir y que estaba en disputa por la custodia de sus hijos. Poco después de mudarse a la casa en alquiler, Harris se enteró de que Ashley Biden —quien era amiga de su exnovio— había vivido en la casa durante ese año.Biden ya había regresado a Filadelfia en junio de 2020, por los días en que su padre había ganado la candidatura presidencial del Partido Demócrata. Guardó un par de bolsos con sus pertenencias en la casa de alquiler junto con su diario, y le dijo a su amigo, quien estaba rentando la casa, que planeaba regresar para llevarse sus cosas en el otoño.En agosto, Harris contactó a Robert Kurlander, un amigo suyo que en la década de 1990 fue sentenciado a 40 meses de prisión por fraude federal y que había expresado en línea su postura contra Biden, para decirle que había encontrado el diario. Ambos creían que podían venderlo, lo que ayudaría a Harris para pagar los abogados que la representaban en la disputa por la custodia.Nuevos detalles tomados de entrevistas y documentos han aclarado lo que sucedió después. Kurlander se puso en contacto con Elizabeth Fago, la donante de Trump que luego organizó el evento de recaudación de fondos al que asistió Donald Trump Jr. Cuando le hablaron por primera vez del diario, Fago afirmó haber pensado que podría ayudar a incrementar las posibilidades de que Donald Trump ganara las elecciones, según dos personas familiarizadas con el asunto.Richard G. Lubin, abogado de Fago, se negó a hacer comentarios.El 3 de septiembre, la hija de Fago alertó al Proyecto Veritas sobre la existencia del diario.Tres días después, Harris y Kurlander asistieron al evento de recaudación de fondos, donde también estaba presente Donald Trump Jr., en la casa de Fago en Jupiter, Florida, para ver si el equipo de la campaña de reelección del presidente podría estar interesado en el diario. Mientras estaba allí, Kurlander les mostró el diario a otras personas. No se sabe con claridad quiénes lo vieron.Después de que la investigación criminal sobre el Proyecto Veritas se hizo pública durante el otoño pasado, un destacado abogado republicano que cabildea en nombre de la organización y O’Keefe informó a un grupo de republicanos del Congreso sobre el caso, con el fin de instarlos a tratar de persuadir al Departamento de Justicia para que dejaran la investigación debido a que el grupo no había hecho nada malo, según una persona informada sobre el asunto.El presidente Donald Trump durante un discurso en Júpiter, Florida, en septiembre de 2020. Días antes, dos personas que luego le vendieron el diario a Project Veritas, lo llevaron a un evento de recaudación de fondos para la campaña de Trump.Doug Mills/The New York TimesEl abogado, Mark Paoletta, dijo que al enterarse de la existencia del diario en el evento de recaudación de fondos, Donald Trump Jr. no mostró ningún interés y dijo que quienquiera que lo tuviera debería informar al FBI. Pero poco después, Paoletta, quien se había desempeñado como el principal abogado del vicepresidente Mike Pence en la Casa Blanca, volvió a llamar a los republicanos del Congreso para decir que no estaba seguro de si la versión sobre la reacción de Donald Trump Jr. era precisa.Los archivos de cabildeo muestran que Paoletta recibió 50.000 dólares durante los últimos dos meses del año pasado para informar a los miembros del Congreso sobre la redada del FBI en la casa de O’Keefe. Paoletta y un abogado de Donald Trump Jr. no respondieron a las solicitudes de comentarios.Cuando el Proyecto Veritas se enteró de la existencia del diario a principios de septiembre, el grupo buscó adquirirlo. Aproximadamente una semana después del evento de recaudación de fondos, Harris y Kurlander volaron a Nueva York con el diario. Se reunieron con varios agentes del Proyecto Veritas en un hotel de Manhattan.Las dos partes comenzaron a negociar un acuerdo, pero no se llegó a un trato final. Como respuesta a la pregunta sobre qué pudo haberle pedido el Proyecto Veritas para ayudar a autenticar el diario, Kurlander, a través de su abogado Jonathan Kaplan, se negó a hacer comentarios.Pero Proyecto Veritas tuvo que dilucidar varios temas difíciles: ¿en realidad era el diario de Ashley Biden y no se trataba de una falsificación o una trampa? ¿Cómo es que Proyecto Veritas, una organización conocida por sus operaciones encubiertas, podría asegurarse de que no era víctima de sus propias tácticas engañosas?Uno de los subalternos de O’Keefe, Spencer Meads, fue enviado a Florida para investigar la autenticidad del diario.Lo que sucedió después aún no ha sido aclarado, y es uno de los grandes problemas de la investigación. El Proyecto Veritas ha dicho en documentos judiciales que sus agentes obtuvieron artículos adicionales pertenecientes a Biden que sus “fuentes” habían descrito como “abandonados”, sugiriendo así que no tenía conocimiento de ningún robo y que consiguieron las pertenencias de Biden de la misma manera en que los periodistas reciben información.“Poco después, las fuentes acordaron reunirse con el periodista de Project Veritas en Florida para darle artículos abandonados adicionales”, escribieron los abogados del grupo en un expediente judicial federal.Desde hace tiempo, los abogados de Proyecto Veritas habían advertido a los miembros que alentar o incentivar a las fuentes a robar documentos o artículos podría implicar al grupo en un delito. En un memorando dirigido a O’Keefe en 2017, uno de los abogados concluyó: “Bajo este precedente, PV disfruta de protecciones legales sustanciales para informar y divulgar material que puede haberse obtenido ilegalmente, siempre que no haya participado en el proceso para conseguirlo”.Sin embargo, al menos una de las “fuentes” les contó a otras personas que un agente del Proyecto Veritas le había preguntado si podía recuperar más artículos de la casa que pudieran ayudar a demostrar que el diario pertenecía a Ashley Biden, según una persona con conocimiento de la conversación. Una de las fuentes les informó a otras personas que procedió a sacar artículos adicionales de la casa y dárselos al integrante del grupo.En respuesta a las afirmaciones de la organización de que no había hecho nada malo y que su papel en el caso estaba protegido por la Primera Enmienda, los fiscales acusaron al grupo en los documentos judiciales de hacer declaraciones no juradas que son “falsas o engañosas y se contradicen directamente con la evidencia”. También declararon que incluso una organización de noticias legítima no sería protegida por la Primera Enmienda al adquirir materiales mediante robos u otros delitos.“En pocas palabras, incluso los miembros de los medios de comunicación ‘no pueden irrumpir con impunidad y entrar en una oficina o vivienda para recolectar noticias’”, dijeron los fiscales.Sin citar evidencia específica, los fiscales desafiaron directamente un argumento de Proyecto Veritas: la “reiterada afirmación del grupo de que no habían ‘participado’ en cómo se ‘adquirieron’ las pertenencias de la víctima”.El plan de Ashley Biden de que un amigo fuera a recuperar el diario, que tenía la persona que la llamó en octubre, fracasó. Y las versiones que Proyecto Veritas presentó en las últimas semanas, tanto en documentos judiciales como ante la policía local en Florida, sobre cómo obtuvo el diario dejan varias preguntas sobre el desarrollo de los eventos.El FBI obtuvo una orden y allanó la casa de James O’Keefe, el fundador del Proyecto Veritas.Cooper Neill para The New York TimesProyecto Veritas le dijo a un juez federal que el 12 de octubre, O’Keefe envió un correo electrónico diciéndole a su equipo que había tomado la decisión de no publicar la historia sobre el diario, aunque no tenían “ninguna duda de que el documento es real”. Sin embargo, sostenía que las reacciones a su publicación serían “calificadas como un golpe bajo”. La fecha del correo, proporcionada por O’Keefe, fue poco después de la llamada a Biden.Pero cuatro días después de que O’Keefe le dijera a su personal que no publicaría el diario, un importante abogado del Proyecto Veritas le dijo a la campaña de Joe Biden que tenía el diario y que quería entrevistarlo en cámara al respecto, según el Times reportó en diciembre.Menos de una semana después, Proyecto Veritas cerró un acuerdo por 40.000 dólares con Kurlander y Harris para comprar los derechos de publicación del diario, les transfirió el dinero y sugirió que el grupo planeaba publicarlo pronto, según una persona con conocimiento del caso.Al final, Proyecto Veritas decidió no publicarlo. En cambio, un sitio web de derecha publicó el diario en octubre, pero recibió muy poca atención antes de las elecciones. O’Keefe estaba furioso, y algunas personas dentro del Proyecto Veritas pensaron que uno de sus propios integrantes, frustrado por la falta de voluntad del grupo para publicar el diario, lo había filtrado.Proyecto Veritas decidió que uno de sus integrantes regresaría el diario, y las demás pertenencias de Biden, a Florida.Según un informe del Departamento de Policía de Delray Beach, un abogado se presentó en el departamento y le entregó los artículos a un oficial. El abogado, según las imágenes de la cámara corporal de la policía, dijo que los artículos fueron “posiblemente robados”.La policía alertó al FBI, que hizo que un agente recuperara el diario de Biden y otras pertenencias. Casi un año después, el FBI contactó a Harris y a Kurlander.Unas dos semanas después, agentes del FBI consiguieron órdenes para allanar las casas de O’Keefe y dos de sus colaboradores: Meads y Eric Cochran, quienes abandonaron la organización después del incidente del diario. En el caso de Meads, su abogado dijo que el FBI derribó la puerta de su apartamento. Los documentos judiciales indican que el FBI incautó 47 dispositivos, incluida una decena de teléfonos de Meads.Kenneth P. Vogel More

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    Project Veritas Says Justice Dept. Secretly Seized Its Emails

    In a court filing, the conservative group assailed prosecutors for concealing the action in a proceeding from the investigation of how it acquired Ashley Biden’s diary.The conservative group Project Veritas said on Tuesday that the Justice Department began secretly seizing a trove of its internal communications in late 2020, just weeks after learning that the group had obtained a copy of President Biden’s daughter’s diary.In a court filing, a lawyer for Project Veritas assailed the Justice Department’s actions, which involved subpoenas, search warrants and court production orders that had not been previously disclosed and gag orders imposed on Microsoft, whose servers housed the group’s emails.The disclosure underscored the scope and intensity of the legal battle surrounding the Justice Department’s investigation into how Project Veritas, in the closing weeks of the 2020 presidential campaign, came into possession of a diary kept by Ashley Biden, the president’s daughter, and other possessions she had stored at a house in Florida.And it highlighted how the Justice Department has resisted demands by the conservative group — which regularly engages in sting operations and ambush interviews against news organizations and liberal groups and has targeted perceived political opponents — to be treated as a news organization entitled to First Amendment protections.It is highly unusual for the Justice Department to obtain the internal communications of journalists, as federal prosecutors are supposed to follow special guidelines to ensure they do not infringe on First Amendment rights.Since the investigation was disclosed last fall, federal prosecutors have repeatedly said that because they have evidence that the group may have committed a crime in obtaining Ms. Biden’s belongings, Project Veritas is not entitled to First Amendment protections.But Project Veritas, in its filing on Tuesday, said that prosecutors had failed to be forthcoming with a federal judge about the nature of their inquiry by choosing not to disclose the secret subpoenas and warrants.“This is a fundamental, intolerable abridgment of the First Amendment by the Department of Justice,” James O’Keefe, the group’s founder and leader, said in a video.In its court filing, Project Veritas asked a federal judge to intervene to stop the Justice Department from using the materials it had obtained from Microsoft in the investigation. The group said that federal prosecutors had obtained “voluminous materials” — which in many cases included the contents of emails — from Microsoft for eight of its employees, including Mr. O’Keefe.The group also disclosed that Uber had told two of its operatives who are under investigation — Spencer Meads and Eric Cochran — that it had handed over information from their accounts in March of last year in response to demands from the government.Microsoft said in response to questions about the matter that it had initially challenged the government’s demands for Project Veritas’s information, but the company declined to describe what that entailed.“We’ve believed for a long time that secrecy should be the exception and used only when truly necessary,” said Frank X. Shaw, a spokesman for Microsoft. “We always push back when the government is seeking the data of an enterprise customer under a secrecy order and always tell the customer as soon as we’re legally able.”According to a person with direct knowledge of the matter, Microsoft had pushed back on the Justice Department’s subpoenas and warrants when the company was served with them in late 2020 and early 2021. But the government refused to drop its demands and Microsoft handed over the information that prosecutors were seeking, the person said.Because of gag orders that had been imposed, Microsoft was barred from telling Project Veritas about the requests, the person said.Shortly after the existence of the investigation was revealed publicly last fall, Microsoft asked the Justice Department whether it could tell Project Veritas about the requests, the person said. The department refused to lift the gag orders, the person said.In response, Microsoft drafted a lawsuit against the Justice Department to try to get the gag orders lifted and told department officials that the company was prepared to file it. Soon afterward, the department went to court and had the gag orders lifted.A little more than a week ago, Microsoft told Project Veritas about the warrants and subpoenas, the person said.Project Veritas paid $40,000 for Ms. Biden’s diary to a man and a woman from Florida who said that it had been obtained from a home where Ms. Biden had been staying until a few months earlier. Project Veritas also had possession of other items left at the house by Ms. Biden, and at the heart of the investigation is whether the group played a role in the removal of those items from the home.Project Veritas has denied any wrongdoing and maintained that Ms. Biden’s belongings had been abandoned. The group never published the diary.Search warrants used in raids last fall on the homes of Mr. O’Keefe and two other Project Veritas operatives showed that the Justice Department was investigating conspiracy to transport stolen property and possession of stolen goods, among other crimes.In response to the searches, a federal judge, at the urging of Project Veritas, appointed a special master to oversee what evidence federal prosecutors could keep from the dozens of cellphones and electronic devices the authorities had obtained.Project Veritas said in its filing on Tuesday that at the time the special master was appointed the government should have revealed that it had conducted other searches that could have infringed on the group’s First Amendment rights or could have been protected by attorney-client privilege.In the final year of the Trump administration, prosecutors in Washington, who were investigating a leak of classified information, secretly obtained court orders demanding that Google, which houses The New York Times’s email accounts, hand over information from four Times reporters’ accounts. In response to requests from Google, the Justice Department allowed it to alert The Times to the demands so the newspaper could fight the orders. A lawyer for The Times, David McCraw, secretly fought the demands, which the government ultimately dropped. More

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    Book Review: ‘Flipped,’ by Greg Bluestein

    FLIPPEDHow Georgia Turned Purple and Broke the Monopoly on Republican PowerBy Greg BluesteinHow do Democrats flip a state from red to purple to blue? This question keeps Democratic operatives lying awake at night.What better place to search for answers than Georgia? In 2020, Georgians voted for the Democratic presidential nominee, Joe Biden. The elections of the Rev. Raphael Warnock and Jon Ossoff also handed Democrats a slim majority in the U.S. Senate. The results, according to the Atlanta Journal-Constitution reporter Greg Bluestein in his new book, “Flipped,” provided “Democrats an invaluable foothold in the Deep South and a bulwark against growing Republican strength in the Midwest.”Demography was not destiny, according to Bluestein. Despite the developments that were enlarging liberal, educated suburban communities while diversifying the Georgia population, partisan change depended on talented candidates, campaign strategists and local election officials.Bluestein revisits the story of Stacey Abrams, who, working with the guidance of Lauren Groh-Wargo, ran a trailblazing campaign for the governorship in 2018. Abrams was one of the first statewide figures who sought to harness the “emerging alliance that was racially, economically and geographically diverse” rather than trying to recreate the Democratic coalition that elected Bill Clinton to the presidency in 1992. Bluestein recounts how Abrams, a Black woman, was almost denied the right to vote because a poll worker insisted that she had requested an absentee ballot. If Abrams, an attorney, struggled to cast a ballot, “what about the countless other Georgians, she wondered, who could never have so quickly fixed their problem?” After losing the contest to Secretary of State Brian Kemp, Abrams founded Fair Fight, which would register large numbers of Black voters by the 2020 election.A bright spot for Democrats in 2018 was Lucy McBath, the daughter of civil rights activists. She defeated Karen Handel to represent the Sixth Congressional District. Handel had won office a year earlier in a special election, beating Ossoff, a documentary producer who had hoped to show that with Donald Trump in the White House, Democrats could win suburban Republicans and independents in districts that had been dominated by conservatives like Newt Gingrich. Instead, the election proved that Republican voters in 2017 were still loyal. McBath, whose son, Jordan, was killed by a white man in 2012, won election by advocating gun control in the wake of a horrendous mass school shooting in Florida.Ossoff and Warnock found ways to run effective statewide campaigns for the Senate in 2020 despite the challenges posed by Covid shutdowns, masking and social distancing. During the runoff election campaign after Nov. 3, both candidates responded to the fierce outrage among Democrats who were tired of the chaos and extremism coming from the White House. As Trump kept talking about himself and about rigged votes every time he visited the state (to the frustration of Republicans), Warnock and Ossoff ran smart social media campaigns and connected to voters’ hope for a better future.Remarkably, Bluestein writes that the Biden campaign underestimated the potential for victory in Georgia. Since Democrats had not won the state’s electoral votes in a presidential election since 1992, Biden’s team concluded that the risk of losing was too high. Fortunately for Democrats, local candidates disagreed. They did so by embracing the party’s liberal traditions rather than trying to mimic Republicans.Still, the victories in 2020 ultimately depended on volunteers and voters whose voices are too often missing from Bluestein’s narrative. He doesn’t do enough to capture the thousands of volunteers who engaged in phone banking, text messaging, canvassing and turning out the vote. Nor are there many portraits of the voters who went blue.“Flipped” will disillusion Democrats who hope that a realignment won’t meet fierce resistance. Lawrence Sloan, a Black American who operated a machine that opened mail-in ballots in Fulton County, was scared for his life after a video circulated online that appeared to show Sloan giving the middle finger to the machine and tossing out a ballot. In fact, we learn, his temper flared because the machine had nicked his finger, and Sloan was throwing out instructions for how to complete a mail-in ballot. Because of the misleading video, which Trump’s sons retweeted, Sloan was harassed and threatened. On one occasion, he asked friends to rescue him from a restaurant filled with Trump loyalists. “As a Black man in the South,” he said, “I know when pickup trucks start pulling up and honking their horns, it’s time to go.” Similarly, the Republican secretary of state, Brad Raffensperger, who refused to go along with Trump’s schemes, decided that his two grandchildren could not safely visit his home.All of this brings us to the question of whether Georgia has really flipped or if 2020 was an aberration. Many parts of Bluestein’s story highlight how exceptional the conditions were in 2020. Democrats won with the help of Hollywood celebrities and political heavyweights who won’t always show up. A raging pandemic as well as a president whose politics terrified many voters raised the stakes of the state’s election in ways that would otherwise have been impossible.The next few elections will reveal if Democratic success has staying power. It is worth remembering that Jimmy Carter’s efforts to forge a new kind of Democratic South ended up being trumped by Gingrich’s version of Reagan Republicanism. Even after reading this informative book, it’s all too easy to imagine how a struggling President Biden, an inflationary economy, war in Ukraine and a persistent pandemic — combined with gerrymandering, high rural turnout, national party support and Election Day polling sabotage — could result in Republicans welcoming back the Grand Old Party in 2024 following a short detour off the beaten path of conservatism. More