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      Judge Will Review Lawyer’s Emails Sought by Jan. 6 Panel

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      A federal judge said he would decide whether emails to and from John Eastman should be released to the House committee investigating the attack on the Capitol.WASHINGTON — A federal judge said on Wednesday that he would review 111 emails that the lawyer John Eastman, an ally of former President Donald J. Trump, is attempting to keep from the House committee investigating the Jan. 6 Capitol attack, as the panel works to force the release of documents from lawyers involved in plans to overturn the 2020 election.Judge David O. Carter, of the United States District Court for the Central District of California, said in an order that he would review emails Mr. Eastman had sent and received between Jan. 4 and Jan. 7 of last year as he decides whether to release them to the committee.Judge Carter made no mention of the committee’s most explosive argument in the case: that Mr. Eastman’s emails are not protected by attorney-client privilege because they were part of a criminal conspiracy.“Ultimately, the court will issue a written decision including its full analysis and its final determination of which, if any, documents must be disclosed to the Select Committee,” the judge wrote.The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among the group of lawyers working on behalf of Mr. Trump was Mr. Eastman, who the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Before the attack on the Capitol, Mr. Eastman wrote a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman privately conceded that the maneuver was likely illegal, the committee said.The arguments were prompted by a suit Mr. Eastman had filed against the committee, attempting to block its subpoena. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Charles Burnham, Mr. Eastman’s lawyer, argued that neither Mr. Eastman nor Mr. Trump had committed a crime because they genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false — as they worked to try to keep Mr. Trump in power.The judge’s decision came as two more lawsuits were filed against the committee, bringing to at least 21 the total of potential witnesses or organizations who have sued to trying to block the panel’s efforts to collect information from or about them.One suit, filed by former Trump adviser Stephen Miller, sought to block the committee from accessing his phone records, arguing in part that the panel is invading his parents’ privacy since he is on their family plan.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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      Republicans Wrongly Blame Biden for Rising Gas Prices

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      They have pointed to the Biden administration’s policies on the Keystone XL pipeline and certain oil and gas leases, which have had little impact on prices.WASHINGTON — As gas prices hit a high this week, top Republican lawmakers took to the airwaves and the floors of Congress with misleading claims that pinned the blame on President Biden and his energy policies.Mr. Biden warned that his ban on imports of Russian oil, gas and coal, announced on Tuesday as a response to Russia’s invasion of Ukraine, would cause gas prices to rise further. High costs are expected to last as long as the confrontation does.While Republican lawmakers supported the ban, they asserted that the pain at the pump long preceded the war in Ukraine. Gas price hikes, they said, were the result of Mr. Biden’s cancellation of the Keystone XL pipeline, the temporary halt on new drilling leases on public lands and the surrendering of “energy independence” — all incorrect assertions.Here’s a fact check of their claims.What Was Said“This administration wants to ramp up energy imports from Iran and Venezuela. That is the world’s largest state sponsor of terror and a thuggish South America dictator, respectively. They would rather buy from these people than buy from Texas, Alaska and Pennsylvania.”— Senator Mitch McConnell, Republican of Kentucky and the minority leader, in a speech on Tuesday“Democrats want to blame surging prices on Russia. But the truth is, their out-of-touch policies are why we are here in the first place. Remember what happened on Day 1 with one-party rule? The president canceled the Keystone pipeline, and then he stopped new oil and gas leases on federal lands and waters.”— Representative Kevin McCarthy, Republican of California and the minority leader, in a speech on Tuesday“In the four years of the Trump-Pence administration, we achieved energy independence for the first time in 70 years. We were a net exporter of energy. But from very early on, with killing the Keystone pipeline, taking federal lands off the list for exploration, sidelining leases for oil and natural gas — once again, before Ukraine ever happened, we saw rising gasoline prices.”— Former Vice President Mike Pence in an interview on Fox Business on TuesdayThese claims are misleading. The primary reason for rising gas prices over the past year is the coronavirus pandemic and its disruptions to global supply and demand.“Covid changed the game, not President Biden,” said Patrick De Haan, the head of petroleum analysis for GasBuddy, which tracks gasoline prices. “U.S. oil production fell in the last eight months of President Trump’s tenure. Is that his fault? No.”“The pandemic brought us to our knees,” Mr. De Haan added.In the early months of 2020, when the virus took hold, demand for oil dried up and prices plummeted, with the benchmark price for crude oil in the United States falling to negative $37.63 that April. In response, producers in the United States and around the world began decreasing output.As pandemic restrictions loosened worldwide and economies recovered, demand outpaced supply. That was “mostly attributable” to the decision by OPEC Plus, an alliance of oil-producing countries that controls about half the world’s supply, to limit increases in production, according to the U.S. Energy Information Administration. Domestic production also remains below prepandemic levels, as capital spending declined and investors remained reluctant to provide financing to the oil industry.Russia’s invasion of Ukraine has only compounded the issues.“When you throw a war on top of this, this is possibly the worst escalation you can have of this,” said Abhiram Rajendran, the head of oil market research at Energy Intelligence, an energy information company. “You’re literally pouring gasoline on general inflationary pressure.”These factors are largely out of Mr. Biden’s control, experts agreed, though they said he had not exactly sent positive signals to the oil and gas industry and its investors by vowing to reduce emissions and fossil fuel reliance.Mr. De Haan said the Biden administration was “clearly less friendly” to the industry, which may have indirectly affected investor attitudes. But overall, he said, that stance has played a “very, very small role pushing gas prices up.”President Biden announced a ban on imports of Russian oil in response to the country’s invasion of Ukraine.Tom Brenner for The New York TimesMr. Rajendran said the Biden administration had emphasized climate change issues while paying lip service to energy security.“There has been a pretty stark miscalculation of the amount of supply we would need to keep energy prices at affordable levels,” he said. “It was taken for granted. There was too much focus on the energy transition.”But presidents, Mr. Rajendran said, “have very little impact on short-term supply.”“The key relationship to watch is between companies and investors,” he said.It is true that the Biden administration is in talks with Venezuela and Iran over their oil supplies. But the administration is also urging American companies to ramp up production — to the dismay of climate change activists and contrary to Republican lawmakers’ suggestions that the White House is intent on handcuffing domestic producers.Speaking before the National Petroleum Council in December, Jennifer M. Granholm, the energy secretary, told oil companies to “please take advantage of the leases that you have, hire workers, get your rig count up.”Understand Rising Gas Prices in the U.S.Card 1 of 5A steady rise. More

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      There Are Glimmers of Hope for Biden. Or Maybe Slivers.

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      Despite the terrible reality of the war in Ukraine, rising inflation and record gas prices, a faint ray of sunshine has fallen on Joe Biden and the Democratic Party. According to strategists for both parties, the Democrats now have a 50-50 chance of retaining control of the Senate in the midterm elections, crucial for the appointment of federal judges, but nowhere near enough electoral strength to give them a shot at keeping their House majority.Whit Ayres, a Republican pollster, agrees that “Biden is finally getting some good news after a long period of horrible events,” but those pluses stand against the more sustained setbacks the president has experienced.Ayres argued in an email that Bidendrove his own job approval down by hanging onto an obviously hopeless BuildBackBetter, muddying his bipartisan success on the infrastructure bill. He ran as a center-left moderate but tried to govern as a progressive. That had two results: raising the hopes of liberals, when it was obvious he was never going to get Manchin or Sinema, before dashing those hopes, leaving liberals demoralized. On top of that, he left a bunch of people who voted for him thinking they were sold a bill of goods. Along with the fiasco of the Afghanistan withdrawal, he squandered majority job approval.Ayres noted:It’s hard to imagine Republicans not winning the House, given historical trends and Biden’s lousy job approval ratings. Control of the Senate depends on the kinds of candidates Republicans nominate. Nominate sane governing Republicans like Rob Portman, Richard Burr and Pat Toomey, and the Senate is theirs. Nominate far-right wing-nut cases and the Senate stays in the hands of the Democrats.Still, Biden has had some significant success and Republicans face serious obstacles.On the plus side for Democrats: The Bureau of Labor Statistics reported that in February, employers added 678,000 new jobs and unemployment fell to 3.8 percent. Meanwhile, the House committee investigating the Jan. 6 insurrection disclosed on March 3 that it has “has a good-faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy to defraud the United States.”Politico reported on March 8:President Joe Biden’s approval rating is on the rise — for now — in response to Russia’s invasion of Ukraine and Biden’s State of the Union address last week. Multiple surveys over the past week, including a new Politico/Morning Consult poll out Tuesday, show a modest-to-moderate uptick in voters’ views of Biden’s job performance, up from his low-water mark earlier this year.And then there is the setback that never materialized: While many predicted the post-2020 census redrawing of congressional districts would be a disaster for Democrats, in practice the new congressional lines are a wash. “We now estimate Democrats are on track to net 4 to 5 more House seats than they otherwise would have won on current maps, up from two seats in our previous estimate,” David Wasserman of the Cook Political Report wrote on Feb. 24.On the negative side for Republicans: Donald Trump’s admiration for and long courtship of Vladimir Putin has begun to backfire, causing conflict within Republican ranks; and these intraparty tensions have been compounded by Mike Pence’s growing willingness to challenge Trump, as well as by an internal strategy dispute between Mitch McConnell, the Senate minority leader, and Senator Rick Scott, the chairman of the National Republican Senatorial Committee.Steve Rosenthal, a former political director of the A.F.L.-C.I.O. who now heads The Organizing Group, a political consulting firm, contended in an email that the Biden administration has done a poor job promoting its successes:We’ve been canvassing white working-class voters in Southwestern PA and in the Lehigh Valley. They have no idea what the president and the Democrats in Congress have already done that directly impacts the issues they raise. When they hear about Biden sending $7 billion to PA for their roads, bridges and schools, they’re moved by it. This isn’t rocket science.“It’s a volatile environment,” Rosenthal adds: “Covid, war in Ukraine, inflation — and a lot can happen between now and November. But I definitely like the hand the Democrats are playing better this week than last. For now, let’s take it one week at a time.”Dean Baker, a co-founder of the Center for Economic and Policy Research, a liberal-leaning think tank, made a similar case in his emailed response to my inquiries:On the economic front, President Biden and the Democrats really need to up their game in pushing their record and their agenda. We have had record job growth since Biden took office, and somehow the economy is supposed to be a liability for the Democrats? If the shoe were on the other foot, the Republicans would be plastering the job numbers across the sky. This is the best labor market in more than half a century. Workers can leave jobs they don’t like for better ones; that is a really great story.In Baker’s view:Biden and the Democrats really need to move forward on what they can get from his Build Back Better agenda. This means sitting down with Senator Manchin and figuring out what he will go for. It is kind of mind-boggling that they didn’t do this last spring.The point, Baker argued, “is to get something that will have as much benefit as possible — climate tops the list — and push it through quickly.”Baker wrote that he has “no idea if the Democrats can hold one or both chambers in November, but things are looking somewhat better,” especially in the Senate, where “the Republicans are having trouble getting strong candidates in many potential swing states like New Hampshire, Arizona, Pennsylvania, Georgia and possibly even Ohio. This raises the possibility of the Democrats picking up seats.”Control of the House, where Democrats hold a slim 222-211 majority, will be another matter after the coming election.Frances Lee, a political scientist at Princeton, made the case in an email thatIt would be a major historical anomaly if Democrats retain control of the House in 2022. One of the most predictable features of American politics is the loss of seats in Congress for the president’s party at the midterm. Even presidents with majority public approval still almost always see losses for their party in Congress. With Democrats’ margin so narrow, the party just cannot spare any losses.Biden’s favorability rating, currently averaging 41.6 percent according to Real Clear Politics, would have to rise “above 60 percent — like George W. Bush in 2002 or Bill Clinton in 1998 — before it would become reasonable to expect Democrats to avert a loss of House control,” Lee observed. “Since the advent of public opinion polling, all presidents with approval ratings below 60 percent have seen losses of congressional seats at the midterm, in every case more than the 5 seats that Democrats can spare in 2022.”Public Opinion Strategies, a Republican polling firm, provided historical data to The Times based on Gallup polling and House election outcomes in nonpresidential contests from 1962 to 2018. When the president’s approval rating was 60 percent or higher, the president’s party gained one seat; when the rating was in the 49 percent to 59 percent range, the president’s party lost an average of 12 seats; when the favorability rating fell below 49 percent, the average loss was 39 House seats. Biden, with eight months until the midterms, is well below that mark.The picture, according to Lee,is not entirely bleak. The employment recovery is strong; the pandemic seems to be abating. The battle for the Senate is more evenly matched, and Republicans have come up short in some high-profile candidate recruitment efforts. But Democrats have no margin for error. Any losses given a 50-50 balance will tip Senate control to Republicans. In a midterm year, one would have to rate that outcome as the more likely outcome.Lee suggested that “the more plausible question for Biden is how bad things are likely to get for Democrats.”She pointed out:Thirty House Democrats have already retired rather than run for re-election. Inflation is expected to be running well above Federal Reserve targets through the rest of 2022. Even though Biden has been able to rally the democratic world in opposition to Russia’s invasion of Ukraine, few experts expect a favorable outcome of the conflict on any near-term horizon. The pandemic has defied predictions to date, and public patience is wearing thinner.Charlie Cook, founder of the Cook Political Report, argued in an email that Biden is in a deep hole very difficult to climb out of:Between the Mexican border, not anticipating a rush across the border when Trump left town, being caught flat-footed, Kabul made the fall of Saigon look fairly dignified, ignoring/dismissing inflation. The worst sin for most voters, inflation, hurts 100 percent of people, a totally unrealistic legislative agenda, party line vote on coronavirus package, 7.5 months to get half of what they wanted on infrastructure, he has pretty much soiled his nest. Republican voters are hyper-motivated, Democratic voters lethargic, independents alienated, doesn’t sound terribly promising to me.Alex Theodoridis, a political scientist at the University of Massachusetts-Amherst, is pessimistic about Democratic prospects, but less so than Cook.Russia’s invasion of Ukraine, Theodoridis wrote by email, “is an awkward one for GOP elites and voters. They have spent the last few years downplaying the nefariousness of Putin’s regime and portraying Ukraine as a hopelessly corrupt hotbed of profiteering for the Biden family.”This message, he continued, hastrickled down to the Republican rank-and-file. UMass Poll data from 2020 and 2021 show that Republicans, on average, rate Democrats, Joe Biden, Nancy Pelosi, and even people who vote for Democrats, as greater threats to America than Vladimir Putin and Russia. In the weeks before the invasion, Tucker Carlson, Steve Bannon and Donald Trump, among others, peddled takes flattering to Putin. This stance has grown uncomfortable as Russia and Putin have clearly played the role of unprovoked aggressor and Ukrainians and Zelensky emerge as both sympathetic and heroic.But, in Theodoridis’s view, the “positive signs for Biden and Democrats over the last couple weeks” do not “yet rise to the level of changing the expectation that 2022 will likely follow the historical pattern of midterm loss for the president’s party. And, Democrats have precious little margin with which to sustain any loss of seats.”There are still major uncertainties to be resolved before Election Day, Nov. 8. These include the possibility that Trump will be embroiled in criminal charges and the chance that Trump himself will become an albatross around the neck of the Republican Party.The Supreme Court is expected to rule soon on Dobbs v. Jackson Women’s Health Organization, a Mississippi case that could unwind Roe and bar access to abortion for millions of women with the political response quite likely to cost the Republican Party a significant number of votes. Trump’s legal status, in turn, will be determined by prosecutors in Georgia, New York and possibly the United States Justice Department.Finally, the Russian invasion of Ukraine is a wild card, giving rise, among other things, to mounting speculation about Trump’s judgment and his fitness for office.On Feb. 22, the day after Putin said he would recognize the independence of Luhansk and Donetsk, two regions in eastern Ukraine, Trump remarked, “This is genius”— a comment in line with Trump’s history of fulsomely praising Putin.On March 2, Trump tried to cut his losses and abruptly told Maria Bartiromo of Fox News that the invasion amounted to a “holocaust” and Russia must “stop killing these people.” He condemned the Russian military: “They’re blowing up indiscriminately, they’re just shooting massive missiles and rockets into these buildings and everybody is dying​.”On March 5, speaking at a meeting of top Republican donors in New Orleans, Trump wandered farther afield, suggesting, however insincerely, that the United States should paste Chinese flags on F-22s and “bomb the [expletive] out of Russia.”On Feb. 27, Senator Tom Cotton of Arkansas was clearly discomfited by George Stephanopoulos on ABC’s “This Week” when Stephanopoulos, speaking of Trump, noted:Last night, he finally condemned the invasion, but he also repeated his praise of Putin, calling him smart.Earlier in the week, he called him pretty smart. He called him savvy. He says NATO and the U.S. are dumb.Are you prepared to condemn that kind of rhetoric from the leader of your party?Pressed repeatedly, Cotton ducked repeatedly:George, if you want to know what Donald Trump thinks about Vladimir Putin or any other topic, I’d encourage you to invite him on your show. I don’t speak on behalf of other politicians. They can speak for themselves.Mike Pence, on the other hand, has determined that his best strategy as he continues to explore a presidential bid is to defy Trump.“Ask yourself, where would our friends in Eastern Europe be today if they were not in NATO?” Pence asked the Republican National Committee donors on March 4. “Where would Russian tanks be today if NATO had not expanded the borders of freedom? There is no room in this party for apologists for Putin.”The biggest unknown on the political horizon is the repercussions of the sanctions imposed by the United States and its allies on Russia, which are certain to raise energy and food costs, exacerbating the administration’s continuing difficulties with rising prices.“War and sanctions means higher inflation,” The Economist warned on March 5. “Things could get much worse should sanctions expand in scope to cover energy purchases or if Russia retaliates against them by reducing its exports.” On Tuesday, the Biden administration announced that it was banning Russian oil imports.“JPMorgan Chase,” The Economist went on,projects that a sustained shut-off of the Russian oil supply might cause prices to rise to $150 per barrel, a level sufficient to knock 1.6 percent off global G.D.P. while raising consumer prices by another 2 percent. The stagflationary shock would carry echoes of the Yom Kippur war of 1973, which sparked the first of the two energy crises of that decade.A political minefield lies ahead and negotiating this terrain will require more tactical and strategic skill than the Biden administration has demonstrated in its 14 months in office.This is especially relevant in the context of another explosive unknown, the possibility of the largest land war in Europe since 1945 metastasizing into a global conflict.In an essay he posted on Monday, “The Nuclear Threat Is Back,” Mohamed ElBaradei, the recipient of the 2005 Nobel Peace Prize and the former director general of the International Atomic Energy Agency, argues that “beyond the bloodshed and needless destruction, Russia’s invasion of Ukraine has also increased the risk of radiation leaks and even nuclear war” — events, it is almost needless to say, that would create mind-boggling suffering, throw current electoral calculations into disarray and raise the stakes of every political decision we make.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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      Pressing for Evidence, Jan. 6 Panel Argues That Trump Committed Fraud

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      The argument was a response to a lawsuit filed by John Eastman, who is seeking to shield his communications with former President Donald J. Trump.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol on Tuesday laid out its theory for potential criminal charges against former President Donald J. Trump, arguing before a federal judge that he and the conservative lawyer John C. Eastman were involved in a conspiracy to perpetrate a fraud on the American public as part of a plan to overturn the 2020 election.The allegations, which the committee first leveled against the men last week in response to a lawsuit filed by Mr. Eastman, could determine just how deeply the panel can dig into emails, correspondence and other documents of lawyers close to Mr. Trump who have argued that such material should be shielded from scrutiny because of attorney-client privilege.They also form the core of the panel’s strategy for potentially holding Mr. Trump and his allies criminally liable for what happened on Jan. 6, 2021, one that turns on the notion that they knowingly sought to invalidate legitimate election results.“We’re talking about an insurrection that sadly came very close to succeeding to overturn a presidential election,” Douglas N. Letter, the general counsel of the House, told Judge David O. Carter of the United States District Court for the Central District of California, during arguments in Mr. Eastman’s case.The House committee’s argument is a risky one. If Judge Carter were to reject its claims, the inquiry’s legal team would be less likely to win support for a criminal prosecution unless investigators unearthed new evidence.In court on Tuesday, Mr. Letter repeatedly chastised Mr. Eastman for writing a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman conceded that the maneuver was likely illegal.“Violate the law — and let them sue,” Mr. Letter said, characterizing Mr. Eastman’s counsel. “Boy, that’s not legal advice that I’ve ever given.”The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among them was Mr. Eastman, whom the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Charles Burnham, Mr. Eastman’s lawyer, said the committee’s accusations against the former president are “groundbreaking criminal allegations,” but he argued that both Mr. Eastman and Mr. Trump genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false.“Dr. Eastman and others absolutely believed that what they were doing was well-grounded in law and fact, and was necessary for what they believed was the best interest of the country,” Mr. Burnham said.In a filing in Mr. Eastman’s case last week, the committee first revealed the basis of what its investigators believe could be a criminal referral to the Justice Department against Mr. Trump. Central to the case is the argument that, in repeatedly rejecting the truth that he had lost the 2020 election — including the assertions of his own campaign aides, White House lawyers, two successive attorneys general and federal investigators — Mr. Trump was not just being stubborn or ignorant, he was knowingly perpetrating a fraud on the United States.The panel turned over to the court hundreds of pages of arguments, exhibits and court transcripts from Trump advisers telling him there was no widespread fraud in the 2020 election. But Mr. Burnham also said that Mr. Trump was given conflicting legal advice.“Multiple presidential advisers were counseling the president that there were issues with the 2020 election — fraud, illegality, and so forth,” he said.Mr. Burnham cited a book recently published by former Attorney General William P. Barr, who recounted how he tried to break through to Mr. Trump to tell him his wild fantasies about election fraud weren’t true, even as others informed the president he was right.“After the election,” Mr. Barr wrote, “he was beyond restraint. He would only listen to a few sycophants who told him what he wanted to hear. Reasoning with him was hopeless.”The arguments in court were prompted by Mr. Eastman’s attempt to shield from release documents he said were covered by attorney-client privilege. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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      How to Keep the Rising Tide of Fake News From Drowning Our Democracy

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      The same information revolution that brought us Netflix, podcasts and the knowledge of the world in our smartphone-gripping hands has also undermined American democracy. There can be no doubt that virally spread political disinformation and delusional invective about stolen, rigged elections are threatening the foundation of our Republic. It’s going to take both legal and political change to bolster that foundation, and it might not be enough.Today we live in an era of “cheap speech.” Eugene Volokh, a First Amendment scholar at U.C.L.A., coined the term in 1995 to refer to a new period marked by changes in communications technology that would allow readers, viewers and listeners to receive speech from a practically infinite variety of sources unmediated by traditional media institutions, like newspapers, that had served as curators and gatekeepers. Professor Volokh was correct back in 1995 that the amount of speech flowing to us in formats like video would move from a trickle to a flood.What Professor Volokh did not foresee in his largely optimistic prognostication was that our information environment would become increasingly “cheap” in a second sense of the word, favoring speech of little value over speech that is more valuable to voters.It is expensive to produce quality journalism but cheap to produce polarizing political “takes” and easily shareable disinformation. The economic model for local newspapers and news gathering has collapsed over the past two decades; from 2000 to 2018, journalists lost jobs faster than coal miners.While some false claims spread inadvertently, the greater problem is not this misinformation but deliberately spread disinformation, which can be both politically and financially profitable. Feeding people reassuring lies on social media or cable television that provide simple answers to complex social and economic problems increases demand for more soothing falsities, creating a vicious cycle. False information about Covid-19 vaccines meant to undermine confidence in government or the Biden presidency has had deadly consequences.The rise of cheap speech poses special dangers for American democracy and for faith and confidence in American elections. To put the matter bluntly, if we had the polarized politics of today but the information technology of the 1950s, we almost certainly would not have seen the insurrection of Jan. 6, 2021, at the United States Capitol. Millions of Republican voters would probably not have believed the false claims that the 2020 election was stolen from former President Donald Trump and demanded from state legislatures new restrictive voting rules and fake election “audits” to counter phantom voter fraud.According to reporting in The Times, President Donald Trump took to Twitter more than 400 times in the almost three weeks after Nov. 3, 2020, to attack the legitimacy of the election, often making false claims that it had been stolen or rigged to millions and millions of people. In an earlier era, the three major television networks, The Times and local newspaper and television stations would most likely have been more active in mediating and curtailing the rhetoric of a president spewing dangerous nonsense. Over at Facebook, in the days after the 2020 election, politically oriented “groups” became rife with stolen-election talk and plans to “stop the steal.” Cheap speech lowered the costs for like-minded conspiracy theorists to find one another, to convert people to believing the false claims and to organize for dangerous political action at the U.S. Capitol.A democracy cannot function without “losers’ consent,” the idea that those on the wrong side of an election face disappointment but agree that there was a fair vote count. Those who believe the last election was stolen will have fewer compunctions about attempting to steal the next one. They are more likely to threaten election officials, triggering an exodus of competent election officials. They are more likely to see the current government as illegitimate and to refuse to follow government guidance on public health, the environment and other issues crucial to health and safety. They are comparatively likely to see violence as a means of resolving political grievances.But cheap speech has already done damage to our democracy and has the potential to do even more. The demise of local newspapers — and their replacement in some cases with partisan or even foreign sources of information masquerading as legitimate journalism — fosters a loss of voter competence, as voters have a harder time getting objective information about candidates’ records and positions. Cheap speech also decreases officeholder accountability; studies show that corruption rises when journalists are not there to hold politicians accountable. And as technology makes it easier to spread “deep fakes” — false video or audio clips showing politicians or others saying or doing things they did not in fact say or do — voters will increasingly come to mistrust everything they see and hear, even when it is true.The rise of anonymous speech facilitated by the information revolution, particularly on social media, increases the opportunities for foreign interference to influence American electoral choices, as we saw with Russian efforts in the 2016 and 2020 elections. Domestic copycats have followed suit: In the 2017 Doug Jones-Roy Moore U.S. Senate race in Alabama, Mr. Jones’s supporters — acting without his knowledge — posed on social media as Russian bots and Baptist alcohol abolitionists supporting Roy Moore in an effort to depress moderate Republican support for Mr. Moore. Mr. Jones, a Democrat, narrowly won that election, though we cannot say that the disinformation campaign swung the result.The cheap speech environment increases polarization and the risk of demagogy by individual candidates. Representative Marjorie Taylor Greene of Georgia, who before entering Congress embraced dangerous QAnon conspiracy theories and supported the execution of Democratic politicians, need not depend upon party leaders for funding; by being outrageous, she can go right to social media to cheaply raise funds for her campaigns and political activities.We now live in an era of high partisanship but weak political parties, which can no longer serve as the moderating influence on extremists within their ranks. Cheap speech accelerates this trend.We cannot — and would not want to — go back to a time when media gatekeepers deprived voters of valuable information. Cheap speech helped fuel Black Lives Matters protests and the racial justice movement both before and after the murder of George Floyd, and virally spread videos of police misconduct can help catalyze meaningful change. But the cheap speech era requires new legal tools to shore up our democracy.Among the legal changes that could help are an updating of campaign finance laws to cover what is now mostly unregulated political advertising disseminated over the internet, labeling deep fakes as “altered” to help voters separate fact from fiction and a tightening of the ban on foreign campaign expenditures. Congress should also make it a crime to lie about when, where and how people vote. A Trump supporter has been charged with targeting voters in 2016 with false messages suggesting that they could vote by text or social media post, but it is not clear if existing law makes such conduct illegal. We also need new laws aimed at limiting microtargeting, the use by campaigns or interest groups of intrusive data collected by social media companies to send political ads, including some misleading ones, sometimes to vulnerable populations.Unfortunately, the current Supreme Court would very likely view many of these proposed legal changes as violating the First Amendment’s free speech guarantees. Much of the court’s jurisprudence depends upon faith in an outmoded “marketplace of ideas” metaphor, which assumes that the truth will emerge through counterspeech. If that was ever true in the past, it is not true in the cheap speech era. Today, the clearest danger to American democracy is not government censorship but the loss of voter confidence and competence that arises from the sea of disinformation and vitriol.What’s worse, some justices on the court who otherwise fashion themselves as free speech libertarians have lately espoused positions that could exacerbate our problems. Justice Clarence Thomas, for example, has indicated that he would most likely treat social media companies like telephone companies and allow states to pass laws requiring them not to deplatform politicians who violate the companies’ terms of use (as Facebook and Twitter did to Mr. Trump), even those who constantly spread election disinformation and encourage political violence. Justice Thomas and Justice Neil Gorsuch have also signaled an interest in loosening up libel laws, as Mr. Trump has urged, making it harder for legitimate journalists to expose or criticize the actions of politicians.Even if Congress adopted all the changes I have proposed and the Supreme Court upheld them — two quite unlikely propositions — it would hardly be enough to sustain American democracy in the cheap speech era. For example, the First Amendment would surely bar a law that would require social media companies to remove demagogic candidates who undermine election integrity from social media platforms; we would not want a government bureaucrat (under the control of a partisan president) to make such a call. But such speech is among the greatest dangers we face today.That’s why efforts to deal with the costs of cheap speech require political action as well. As consumers and voters, we need to pressure social media companies and other platforms to protect our democracy by taking strong steps, including deplatforming political figures in extreme circumstances, when they consistently undermine election integrity and foment or threaten violence. Twitter’s recent decision to no longer remove false speech about the integrity of the 2020 election is a step in the wrong direction. And if the social media companies are unresponsive to consumer pressure or become too powerful in controlling the political speech environment, the solution is to use antitrust laws to create more competition.Society needs to figure out ways to subsidize real investigative journalism efforts, especially locally, like the excellent journalism of The Texas Tribune and The Nevada Independent, two relatively new news-gathering organizations that depend on donors and a nonprofit model.Journalistic bodies should use accreditation methods to send signals to voters and social media companies about which content is reliable and which is counterfeit. Over time and with a lot of effort, we can reestablish greater faith in real journalism, at least for a significant part of the population.The most important steps to counter cheap speech are the hardest to take. We need to rebuild civil society to strengthen reliable intermediaries and institutions that engage in truth telling. As a starting point, think of all the institutions Mr. Trump tried to undermine: the free press, the opposition party, his own party, the judiciary and the F.B.I., to name just a few. And we need an educational effort — including among older Americans, who are actually the most likely to spread political misinformation — to inculcate the values of truth, respect for science and the rule of law.This is easier said than done. It will require an all-hands-on-deck mobilization and not just the government: civics groups, bar and professional associations, religious institutions, labor unions and businesses all have a role to play.The future of American democracy in the cheap speech era is hardly ensured. We don’t have all the solutions and can’t even foresee political problems that will come with the next technological shift. But legal and political action taken now has the best chance of giving voters the tools to make competent decisions and reject election lies that will continue to spew forth on every platform that can be built to threaten the foundation of our democracy.Richard L. Hasen (@rickhasen) is a professor of law and political science at the University of California, Irvine, and the author of “Cheap Speech: How Disinformation Poisons Our Politics — and How to Cure It.” In 2020, he proposed a 28th Amendment to the Constitution to defend and expand voting rights.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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      Alex Jones and Donald Trump: A Fateful Alliance Draws Scrutiny

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      The Infowars host tormented Sandy Hook families and helped elect President Donald J. Trump. His role in the Jan. 6 Capitol attack is now of growing interest to congressional investigators.The day President Donald J. Trump urged his supporters to “be there, will be wild!” at the Capitol on Jan. 6, 2021, Alex Jones spread the message to millions.“This is the most important call to action on domestic soil since Paul Revere and his ride in 1776,” Mr. Jones, the Infowars broadcaster, said on his Dec. 19, 2020, show, which airs live online and on a network of radio stations. Mr. Jones, whose lies about the 2012 Sandy Hook Elementary School shooting fueled years of threats against the 26 victims’ families, urged his listeners to take action.A little more than two weeks later, Mr. Jones joined his followers at the Capitol as a behind-the-scenes organizer — a crucial role in the riot that is under increasing scrutiny by congressional investigators.It is part of a reckoning Mr. Jones faces on multiple fronts. He is still fighting a half-dozen defamation lawsuits filed by the targets of his false claims, including the relatives of 10 Sandy Hook victims. Late last year the Sandy Hook families won four default judgments against him after he for years resisted court orders, and in upcoming trials, juries will decide how much he must pay them.For Jan. 6, Mr. Jones helped secure at least $650,000 from a Publix grocery-store heiress, Julie Fancelli, an Infowars fan, to underwrite Mr. Trump’s rally on the Ellipse the morning of the attack, $200,000 of which was deposited into one of Mr. Jones’s business accounts, the House committee investigating the Jan. 6 attack said. The night before the riot Mr. Jones was at the Willard Intercontinental Hotel in Washington, where Trump aides and allies had set up an outpost. He has longtime ties to at least a half-dozen people arrested after the riot, including the founder of the far-right Oath Keepers militia, Stewart Rhodes, still a regular guest on Infowars, and Joseph Biggs, a former Infowars employee and Proud Boys leader.The House committee has subpoenaed Mr. Jones, and included a three-page list seeking his related communications and financial records. The panel is also seeking Mr. Jones’s communications with Mr. Trump, his family and anyone from the White House or Congress in the days before the riot. Questioned by the panel this year, Mr. Jones invoked his Fifth Amendment right against self-incrimination more than 100 times, and is trying to block the committee’s demand for records in court.Whatever the outcome of the Jan. 6 investigation, Mr. Jones’s journey from Sandy Hook to the assault on the Capitol is a reflection of how conspiracy theories in the United States have metastasized and corroded public discourse in the digital age. A defender of President Vladimir V. Putin of Russia and a former regular on RT, the Kremlin-funded international television outlet, Mr. Jones espoused such extreme views of American democratic society — he has cast airport security screenings as a plot to usurp Americans’ freedoms — that in 2011 RT stopped inviting him on air.But after Mr. Trump appeared live in an interview on Infowars’ website in December 2015, Mr. Jones traveled from the fringes to become part of a newly radicalized Republican Party. Infowars grossed more than $50 million annually during the Trump presidency by selling diet supplements, body armor and other products on its website, records filed in court indicate. During and after the Jan. 6 riot, Infowars promoted its merchandise alongside graphic videos, including footage by an Infowars cameraman of the shooting death of a pro-Trump rioter, Ashli Babbitt, by a Capitol Police officer during the attack.Mr. Jones did not respond to messages seeking comment. His lawyer, Norm Pattis, said his client had done nothing wrong on Jan. 6. Video footage from the Capitol that day shows Mr. Jones using a bullhorn to try to discourage people from rioting.“Over many years Infowars has become a go-to source for people deeply suspicious of the government, so it should come as no surprise that many of the attendees at the rally had passed through Infowars’ doors,” Mr. Pattis said. “But that doesn’t mean any of them are guilty of criminal conspiracy or misconduct.”Dan Friesen, whose podcast, “Knowledge Fight,” explores Mr. Jones’s place in America’s conspiracist tradition, said that people should not be shocked by what happened on Jan. 6, given Mr. Jones’s history. “This kind of flare-up just seemed inevitable,” he said.A Trump campaign rally in Dallas in 2019.Andrew Harnik/Associated PressMr. Jones owes some of his core conspiracy themes to Gary Allen, a speechwriter for the former Alabama governor George Wallace who in the 1960s and 1970s was one of the far-right John Birch Society’s most revered writers and thinkers. As a teenager, Mr. Jones found Mr. Allen’s 1971 “None Dare Call It Conspiracy” on his father’s bookshelf, and came to share Mr. Allen’s view that a cabal of global bankers and power brokers, not elected officials, controlled American policy. Mr. Allen, who died in 1986, sold his theories by mail order in books, filmstrips and cassettes, a marketing model later adopted by Infowars.Mr. Jones got his start in broadcasting in the early 1990s with simultaneous shows on the Austin radio station KJFK and on Austin community access TV. In 1993, a siege by federal law enforcement ended in an inferno at the Branch Davidian compound near Waco, Texas, killing about 80 Davidians and four law enforcement officers. Mr. Jones asserted, evidence to the contrary, that the sect and its leader, David Koresh, were a peaceful religious community marked by the government for murder. He raised $93,000 from his listeners to rebuild the compound’s church.The deed made Mr. Jones a celebrity among “patriot” militia members, including some involved in armed standoffs with the federal government. In 1995, Mr. Jones pushed bogus claims that the government plotted the bombing of the Alfred P. Murrah Federal Building in Oklahoma City that killed 168 people, including 19 children. The perpetrator, Timothy McVeigh, had also expressed rage at the Branch Davidian compound’s destruction.Mr. Jones and his wife at the time, Kelly Jones, founded Infowars around 1999, when they began producing feature-length, conspiracy-themed videos that they sold by mail or gave away, urging people to pass them around and spread the word.After December 2012, when Mr. Jones falsely claimed that the Sandy Hook shooting was a government pretext for draconian gun control measures, traffic to his website surged. In 2013, at a gathering in Dallas marking the 50th anniversary of John F. Kennedy’s assassination, Mr. Jones met Roger J. Stone Jr., a Trump friend and adviser shunned by mainstream Republicans.Mr. Stone, who saw a valuable new constituency for Mr. Trump in Infowars’ disaffected audience, joined the show as a host and brokered Mr. Trump’s December 2015 interview with Mr. Jones. In that interview, broadcast on the Infowars website, Mr. Trump joined Mr. Jones in casting America as a nation besieged by “radical Muslims” and immigrants, and predicted he would “get along very well” with Mr. Putin. He ended by praising Mr. Jones’s “amazing reputation.”The next year Mr. Jones was a V.I.P. invitee to Mr. Trump’s speech accepting the presidential nomination at the Republican National Convention in Cleveland, where the Infowars broadcaster stood on the convention floor with tears streaming down his face as Mr. Trump spoke.Mr. Jones on the first day of the Republican National Convention in 2016.Hilary Swift for The New York TimesThe Trump era also brought Mr. Jones new scrutiny. In 2017, he dodged a lawsuit by publicly apologizing and removing from Infowars his shows promoting Pizzagate, the lie that top Democrats were trafficking children from Comet Ping Pong, a Washington pizzeria. The conspiracy theory inspired a gunman to enter the restaurant and fire a rifle inside. No one was hurt, but the episode shocked the capital and many Americans. By 2019, Mr. Jones had been barred from all major social media platforms for violating rules banning hate speech.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The potential case against Trump. More

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      Indicted. Under F.B.I. Investigation. And Still Popular With Texas Republicans.

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      Ken Paxton, the Texas attorney general, earned the most votes in Tuesday’s G.O.P. primary. His embrace of Trumpism has helped him weather a series of allegations.SAN ANTONIO — The race for Texas attorney general is asking Republicans to determine how many indictments and allegations of corruption are too many. The answer may be there is no limit — so long as the candidate has an endorsement from former President Donald J. Trump.Ken Paxton, the Trump-backed attorney general, was indicted and arrested on criminal securities-fraud charges that are still pending. He has faced calls for his resignation after several of his top aides claimed he abused his office by helping a wealthy donor. And he has been serving as the state’s top lawyer while under threat of a possible new indictment, as the F.B.I. investigates the abuse-of-office and bribery accusations.“The voters of Texas will tolerate a great deal,” said State Senator Kel Seliger, a moderate Republican who is a former mayor of Amarillo. “They think if somebody is ideologically in sync with them, that’s what matters. I would have thought in Texas that moral example is more important, but apparently it’s not.”In the pre-Trump era, indictments and investigations by federal law enforcement could have been fatal to a Republican campaign. But Mr. Trump has instilled a deep mistrust in government institutions like the F.B.I. Mr. Paxton took the unusual step of authorizing an investigation of an F.B.I. investigation — he appointed a special prosecutor to look into the federal probe of the wealthy donor, an Austin real estate investor named Nate Paul whose home and offices were raided by federal agents.The litany of allegations against Mr. Trump has allowed acolytes like Mr. Paxton to claim that they, too, are victims of a government conspiracy.“That’s the Biden F.B.I., the Biden D.O.J.,” Mr. Paxton said in a recent interview with a Fox News reporter. “They were under investigation by my office. I don’t know what they are going to do. All I can tell you is that we were doing the right thing. We are going to continue to do the right thing. I don’t control what the Biden White House does.”Since the 2020 election, Mr. Paxton has made himself among the nation’s foremost Trump defenders, filing an audacious lawsuit with the Supreme Court seeking to delay certification of the results in Georgia, Michigan, Pennsylvania and Wisconsin. He spoke at the Jan. 6 rally in Washington that preceded the attack on the United States Capitol, won an endorsement from Mr. Trump and earned praise from him at the former president’s rally outside Houston. And he has overlooked the fact that, although he has claimed otherwise, the federal abuse-of-power investigation began under Mr. Trump’s F.B.I., not Biden’s.In the Republican primary on Tuesday in Texas, Mr. Paxton won 43 percent of the vote, a soft showing for an incumbent but one indicative of the three well-funded challengers who saw him as politically vulnerable. Since Texas requires primary candidates to win a majority of the vote to advance to the general election, Mr. Paxton faces a May 24 runoff against the scion of the most famous family in modern Texas politics: George P. Bush, the state’s land commissioner who is the nephew of one president and the grandson of another.The Paxton-Bush runoff crystallized immediately as a contest between an incumbent with ethical and legal issues and a challenger who cannot escape the establishment brand of his family name. In Texas Republican circles, some operatives cast the race as prison stripes versus pinstripes.Mr. Paxton has withstood his legal woes by delivering on the issues that drive Texas conservatives. He’s used his office as the state’s chief culture-war litigator — defending the new Texas abortion law, suing the Biden administration to force the federal government to continue building the border wall and joining a right-wing push to criminalize medical care for transgender youth. Days before the primary, he issued an opinion stating that certain medical treatments for transgender children could be considered child abuse, treatments that doctors describe as gender-affirming care.A Guide to the 2022 Midterm ElectionsMidterms Begin: The Texas primaries officially opened the 2022 election season. See the full primary calendar.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering.Governors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.Mr. Paxton did not take long to attack Mr. Bush as a symbol of the moderate conservative politics that Mr. Trump has all but excised from the Republican Party.“What has happened with performance by the Bushes over the last decade, it’s been disappointing,” Mr. Paxton said Wednesday during an interview on a conservative talk radio show in Lubbock. “I think a lot of Republicans have had enough of it. The Bushes have had their chance. It’s time for the dynasty to end.”George P. Bush spoke at a candidate forum in Midland last month. Mr. Paxton did not attend the event.Tamir Kalifa for The New York TimesThat a top elected official in Texas could make such a stunning anti-Bush remark and face no political consequences illustrates just how loyal Texas Republicans have become to Mr. Trump and Trumpism.In Mr. Bush, Mr. Paxton has a near-perfect foil for a runoff election that is likely to have half or less the turnout from Tuesday’s primary. Mr. Bush has been an enthusiastic supporter of Mr. Trump, but his father, Jeb Bush, the former governor of Florida and a 2016 presidential candidate, and his uncle, former President George W. Bush, have been harsh critics.At a debate last month, the younger Mr. Bush said President Biden was the rightful winner of the 2020 election and called Mr. Paxton’s lawsuit to block the election results “frivolous” — statements Mr. Paxton’s campaign is using to attack Mr. Bush as insufficiently conservative.Mr. Bush said in radio interviews in recent days that he has contacted Mr. Trump’s advisers to suggest that he switch his endorsement from Mr. Paxton. A Trump aide said that was extremely unlikely. And Mr. Paxton said he spoke with Mr. Trump himself and extracted a pledge that the former president would continue to support him through the runoff.Still, Mr. Bush, whose father was savaged as “low energy” by Mr. Trump during the 2016 presidential campaign, is not conceding Mr. Trump’s support. Last summer he distributed red koozies with a silhouette of himself shaking hands with Mr. Trump and a quote from the former president: “This is the only Bush that likes me! This is the Bush that got it right.”Mr. Bush signaled he will lean into Mr. Paxton’s ethical and legal issues, which have long been talked about in Texas political circles. In 2014, after Mr. Paxton was first elected attorney general but had not yet taken office, he was accused of taking a $1,000 pen that belonged to another lawyer. (He later returned it and said the episode was a simple mistake.) The State Bar of Texas is also investigating whether Mr. Paxton committed professional misconduct by challenging the 2020 presidential election results.In his own radio interview in Lubbock, Mr. Bush said the F.B.I. investigation and the securities-fraud case “are a matter of public record and should be discussed.” Mr. Bush’s campaign spokeswoman did not return repeated messages this week. Mr. Paxton declined to be interviewed.Mr. Paxton has denied wrongdoing in the securities case and has rejected claims that he accepted bribes in office. Last August, his office produced a 374-page report that cleared him of any wrongdoing and said there was “no evidence” he had accepted a bribe. “A.G. Paxton committed no crime,” the report issued by his office stated.There have been signals that Mr. Paxton’s litany of controversies has tested the limits of Texas Republicans’ patience with him. Representative Chip Roy, a conservative who used to work for Mr. Paxton, called for his resignation in 2020. Along with Mr. Bush, Mr. Paxton’s primary challengers included Representative Louie Gohmert, who gave up a safe East Texas congressional seat to run against him, and Eva Guzman, who resigned from the Texas Supreme Court to challenge him in the primary.During his campaign, Mr. Gohmert predicted Mr. Paxton would face a new federal indictment after winning the Republican nomination and lose the general election to a Democrat. If Mr. Paxton indeed wins the nomination but is defeated in November, it would be a devastating first for Republicans: No Democrat has won any statewide office in Texas since 1994.In the Democratic primary for attorney general, Rochelle Garza, a South Texas civil rights lawyer, garnered the most votes and is headed for a runoff. Her Democratic opponent remained unclear. The third-place vote-getter, Lee Merritt, a civil rights lawyer, said in a statement he was not ready to concede to the second-place candidate, Joe Jaworski, a former mayor of Galveston, because military and other ballots were still being counted. Ms. Garza said she was confident the attorney general’s office could be flipped from red to blue. In 2018, Mr. Paxton won re-election by narrowly defeating his opponent, Justin Nelson, by 3.56 percentage points.Mr. Paxton has brushed off any suggestion of a Democratic victory in the fall. “In this country, allegations don’t convict you,” he said in the Lubbock radio interview.Mr. Paxton’s aides said Texas Republicans don’t care about the allegations and controversies surrounding his office. They claimed credit for attacking Mr. Gohmert and Ms. Guzman in order to allow Mr. Bush to advance to the runoff. After the Paxton campaign attacked Ms. Guzman in television advertisements in the closing days before the primary, she dropped from winning 21 percent of the vote during the early-voting period to just 14 percent of the vote on Tuesday.“These ads clearly cost Eva a spot in the runoff,” Dick Weekley, the senior chairman of the mainstream Republican group Texans for Lawsuit Reform, which endorsed Ms. Guzman, wrote in an email to supporters after the primary.Both Mr. Paxton and Mr. Bush are certain to continue to pitch themselves as the true steward for Trump supporters among Texas Republicans.“It’s easy for me to say that I wouldn’t grovel for the Trump endorsement,” said Jerry Patterson, Mr. Bush’s predecessor as land commissioner and a Republican who is anti-Trump but is backing Mr. Paxton. “It’s just damn distasteful for George P. At some point you just have to have some pride in your own integrity.”Yet Mr. Patterson said he has no problem with Mr. Paxton doing Mr. Trump’s bidding about the 2020 election and constantly stressing his Trump bona fides.“For Paxton that came naturally,” Mr. Patterson said. “It’s not contrived.”Kirsten Noyes More

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      William P. Barr’s Good Donald Trump and Bad Donald Trump

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      ONE DAMN THING AFTER ANOTHERMemoirs of an Attorney GeneralBy William P. BarrIt’s a rare Washington memoir that makes you gasp in the very second sentence. Here’s the first sentence from William P. Barr’s “One Damn Thing After Another,” an account of his two turns as attorney general: “The first day of December 2020, almost a month after the presidential election, was gray and rainy.” Indeed it was. Here’s the second: “That afternoon, the president, struggling to come to terms with the election result, had heard I was at the White House. …” Uh, “struggling to come to terms with”? Not exactly. How about “struggling to overturn the election he just lost” or “struggling to subvert the will of the voters”? Maybe “struggling to undermine American democracy.”Such opening vignettes serve a venerable purpose in the Washington memoir genre: to show the hero speaking truth to power. Barr had just told a reporter that the Justice Department had “not seen fraud on a scale that could have effected a different outcome in the election.” This enraged the president. “You must hate Trump,” Trump told Barr. “You would only do this if you hate Trump.” But Barr stood his ground. He repeated that his team had found no fraud in the election results. (This is because there was none.) By the end of the book, Barr uses the election controversy as a vehicle for a novel interpretation of the Trump presidency: Everything was great until Election Day, 2020. As Barr puts it, “In the final months of his administration, Trump cared only about one thing: himself. Country and principle took second place.” For Barr, it was as if this great president experienced a sudden personality transplant. “After the election,” Barr writes, “he was beyond restraint. He would only listen to a few sycophants who told him what he wanted to hear. Reasoning with him was hopeless.”The heart of “One Damn Thing After Another” concerns the earlier days of Trump’s presidency when, apparently, “country and principle” took first place. In his December confrontation with Trump, Barr recalls a comment that may be more revealing than he intends: “‘No, Mr. President, I don’t hate you,’ I said. ‘You know I sacrificed a lot personally to come in to help you when I thought you were being wronged.’”Sarah Silbiger/The New York TimesThis, as the rest of the book makes clear, is the real reason Barr came out of a comfortable retirement in early 2019 to serve as Jeff Sessions’s successor as attorney general. Barr — who thought Trump was “being wronged” by the investigation into the 2016 election led by Robert S. Mueller III, the special counsel — wanted to come to Trump’s defense. Barr refers to the allegations that Trump colluded with the Russians in the lead-up to the election as, variously, the “Russiagate lunacy,” the “bogus Russiagate scandal,” “the biggest political injustice in our history” and the “Russiagate nonsense” (twice). Barr was as good as his word and sought to undermine Mueller and protect Trump at every opportunity. As Barr reveals in his book, Trump first asked him to serve on his defense team, but Barr later figured he could do more good for the president as attorney general. He was right.Throughout, Barr affects a quasi-paternal tone when discussing Trump, as if the president were a naughty but good-hearted adolescent. When Trump says repeatedly that he fired the F.B.I. director James Comey because of the Russia investigation, Barr spins it as, “Unfortunately, President Trump exacerbated things himself with his clumsy miscues, notably making imprecise comments in an interview with NBC News’s Lester Holt and joking around with the Russian foreign minister and ambassador the day after firing Comey.” The just-joking defense is a favorite for Barr, as it is for the former president. In a strikingly humorless book, there is one “funny” line from Trump: “‘Do you know what the secret is of a really good tweet?’ he asked, looking at each of us one by one. We all looked blank. ‘Just the right amount of crazy,’ he said.” (Rest assured that Barr says the president spoke “playfully.”)During his confirmation hearing, Barr promised to make Mueller’s report public — and he contrived to do so in the most helpful way for the president. In the key part of the report, concerning possible obstruction of justice by Trump (like firing Comey to interfere with the Russia investigation), Mueller said he was bound by Justice Department policy barring indictments of sitting presidents. So, instead of just releasing the report as he had promised, Barr took it upon himself to decide whether Trump could be charged with obstruction of justice. Barr “cleared the decks to work long into the night and over the weekend, studying the report. I wanted to come to a decision on obstruction.” And then, mirabile dictu, Barr concluded that the president had not violated the law, and wrote a letter to that effect. When the Justice Department got around to releasing the actual report several weeks later, it became apparent that the evidence against Trump was more incriminating than Barr let on, but by that point the attorney general had succeeded in shaping the story to the president’s great advantage.Doug Mills/The New York TimesBarr portrays Mueller, a former colleague and friend from their service in the George H W. Bush administration, as a feeble old man pushed around by liberals on his staff. To thwart them, Barr took extraordinary steps to trash Mueller’s work. On the eve of the sentencing of Roger Stone, Trump’s longtime political adviser, for obstruction of justice, Barr overruled the prosecutors and asked for a lighter sentence: “While he should not be treated any better than others because he was an associate of the president’s, he also should not be treated much worse than others.” In fact, Stone was being sentenced pursuant to guidelines that apply in all cases, but in this one and only instance, Barr decided to intervene.Even more dramatic was Barr’s intercession on behalf of Michael Flynn, who pleaded guilty to lying to the F.B.I. Prodded by Flynn’s attorney, Sidney Powell, who later emerged as a principal conspiracy theorist in the post-2020 election period, Barr not only allowed Flynn to revoke his guilty plea but then dismissed the case altogether. “I concluded that the handling of the Flynn matter by the F.B.I. had been an abuse of power that no responsible A.G. could let stand,” he writes. Suffice it to say that none of the thousands of other cases brought by the Justice Department during Barr’s tenure received this kind of high-level attention and mercy; moreover, it was rare, and perhaps even unprecedented, for the department to dismiss a case in which the defendant pleaded guilty.The only scalps Barr wanted were of those in the F.B.I. who started the Russia investigation in the first place. He writes, “I started thinking seriously about how best to get to the bottom of the matter that really required investigation: How did the phony Russiagate scandal get going, and why did the F.B.I. leadership handle the matter in such an inexplicable and heavy-handed way?” He appointed a federal prosecutor named John Durham to lead this probe, which has now been going on longer than the Mueller investigation, with little to show for it.Drew Angerer/Getty Images“One Damn Thing After Another” begins with a fond evocation of Barr’s childhood in a conservative family nestled in the liberal enclave surrounding Columbia University in New York City. His mother was Catholic, and his father Jewish (though he later converted to Catholicism), and Barr gives a lovely description of his elementary school education at the local Corpus Christi Church. (George Carlin went there too. Go figure.) Barr went on to Horace Mann and then Columbia, where he developed an interest in China. After college, he worked briefly at the C.I.A. while attending night law school, where he excelled. He moved up the ranks in the Justice Department until the first President Bush made him attorney general, at 41, in 1991. He was a largely nonideological figure, mostly preoccupied, as many were in those days, with getting surging crime rates under control.The next quarter-century brought Barr great financial rewards as the top lawyer for the company that, in a merger, became Verizon. More to the point, it brought a hardening of his political views. Barr has a lot to say about the modern world, but the gist is that he’s against it. While attorney general under Trump, he dabbled as a culture warrior, and in his memoir he lets the missiles fly.“Now we see a mounting effort to affirmatively indoctrinate children with the secular progressive belief system — a new official secular ideology.” Critical race theory “is, at bottom, essentially the materialist philosophy of Marxism, substituting racial antagonism for class antagonism.” On crime: “The left’s ‘root causes’ mantra is really an excuse to do nothing.” (Barr’s only complaint about mass incarceration is that it isn’t mass enough.) Barr loathes Democrats: President Obama, a “left-wing agitator, … throttled the economy, degraded the culture and frittered away U.S. strength and credibility in foreign affairs.” (Barr likes Obama better than Hillary Clinton.) Overall, his views reflect the party line at Fox News, which, curiously, he does not mention in several jeremiads about left-wing domination of the news media.Barr is obviously too smart to miss what was in front of him in the White House. He says Trump is “prone to bluster and exaggeration.” His behavior with regard to Ukraine was “idiotic beyond belief.” Trump’s “rhetorical skills, while potent within a very narrow range, are hopelessly ineffective on questions requiring subtle distinctions.” Indeed, by the end, Barr concludes that “Donald Trump has shown he has neither the temperament nor persuasive powers to provide the kind of positive leadership that is needed.”Barr’s odd theory about Good Trump turning into Bad Trump may have more to do with his feelings about Democrats than with the president he served. “I am under no illusion about who is responsible for dividing the country, embittering our politics and weakening and demoralizing our nation,” he writes. “It is the progressive left and their increasingly totalitarian ideals.” In a way, it’s the highest praise Barr can offer Trump: He had the right enemies. More