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      Jan. 6 Committee Subpoenas Fake Trump Electors

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      The panel demanded information from 14 people who were part of bogus slates of electors for President Donald J. Trump, digging deeper into an aspect of his efforts to overturn the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 Capitol attack issued 14 subpoenas on Friday to people who falsely claimed to be electors for President Donald J. Trump in the 2020 election in states that were actually won by Joseph R. Biden Jr., digging deeper into Mr. Trump’s efforts to overturn the results.The subpoenas target individuals who met and submitted false Electoral College certificates in seven states won by President Biden: Arizona, Georgia, Michigan, New Mexico, Nevada, Pennsylvania and Wisconsin.“The select committee is seeking information about attempts in multiple states to overturn the results of the 2020 election, including the planning and coordination of efforts to send false slates of electors to the National Archives,” Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said in a statement. “We believe the individuals we have subpoenaed today have information about how these so-called alternate electors met and who was behind that scheme.”The so-called alternate electors met on Dec. 14, 2020, in seven states that Mr. Trump lost and submitted bogus slates of Electoral-College votes for him, the committee said. They then sent the false Electoral College certificates to Congress, an action Mr. Trump’s allies used to try to justify delaying or blocking the final step in confirming the 2020 election results — a joint session of Congress on Jan. 6, 2021, to formally count the electoral votes.The 14 individuals subpoenaed on Friday were: Nancy Cottle and Loraine B. Pellegrino of Arizona; David Shafer and Shawn Still of Georgia; Kathy Berden and Mayra Rodriguez of Michigan; Jewll Powdrell and Deborah W. Maestas of New Mexico; Michael J. McDonald and James DeGraffenreid of Nevada; Bill Bachenberg and Lisa Patton of Pennsylvania; and Andrew Hitt and Kelly Ruh of Wisconsin.The subpoenas order the witnesses, all of whom claimed to be either a chair or secretary of the fake elector slates, to turn over documents and sit for depositions in February.Those who signed onto the fake slates of electors were mostly state-level officials in the Republican Party, G.O.P. political candidates or party activists involved with Mr. Trump’s re-election campaign. None of those who were subpoenaed responded on Friday to requests for comment.On Friday, the committee also issued a subpoena to Judd Deere, a former White House spokesman who interacted with Mr. Trump the day before the Capitol riot in a meeting in which Mr. Trump asked how to get Republicans in Congress he described as “weak” to overturn the election, according to a person familiar with the panel’s activities. That subpoena was reported earlier by CNN.The committee’s latest subpoenas came as the Justice Department said this week it was investigating the fake electors.The scheme to employ the so-called alternate electors was one of Mr. Trump’s most expansive efforts to overturn the election, beginning even before some states had finished counting ballots and culminating in the pressure placed on Vice President Mike Pence to throw out legitimate votes for Mr. Biden when he presided over the joint congressional session. At various times, the gambit involved lawyers, state lawmakers and top White House aides.As early as Nov. 4, Mark Meadows, then Mr. Trump’s chief of staff, received a message from an unidentified Republican lawmaker proposing an “aggressive strategy” to maintain his grip on power. According to the strategy, Republican-controlled legislatures in states like Georgia, North Carolina and Pennsylvania would “just send their own electors” to the Electoral College instead of those chosen by voters to represent Mr. Biden.Within a month, two of Mr. Trump’s lawyers, Rudolph W. Giuliani and Jenna Ellis, spoke to Republican lawmakers in swing states like Michigan and Arizona, urging them to convene special sessions to choose their own electors.Around the same time, John Eastman, another lawyer who would ultimately work for Mr. Trump, spoke by video to lawmakers in Georgia, advising them to “adopt a slate of electors yourself.”Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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      Republicans Relish Biden’s Troubles, Eyeing a Takeover of Congress

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      The president’s woes have delighted Republicans, who have been seeking to rehabilitate themselves in the eyes of voters after the Jan. 6 attack on the Capitol.WASHINGTON — Republicans on Capitol Hill are using President Biden’s failures to fuel their bid to retake control of Congress, focusing on his collapsing legislative agenda, his unfulfilled promise to “shut down” the coronavirus pandemic and rising voter anxieties over school closures and inflation as they seek a winning message for this year’s elections.Mr. Biden’s troubles have frustrated Democrats, prompting calls for a major course correction. At the same time, they have delighted Republicans, who have been intent on rehabilitating themselves in the eyes of voters after the Jan. 6 attack on the Capitol last year, which highlighted the party’s lurch toward extremism and its continuing rifts under the influence of former President Donald J. Trump.Now, after months of grappling with their party’s role in stoking the riot, the ongoing influence of Mr. Trump’s election lies and the rise of right-wing activists who risk alienating more mainstream conservative voters, Republicans believe they are finally in a position to capitalize on what they view as a historically advantageous environment.Many Republicans say they see no need for any course correction — or to put forward a positive agenda in an election year they say will boil down to a referendum on Mr. Biden.“I’ll let you know when we take it back,” Senator Mitch McConnell, Republican of Kentucky and the minority leader, said at a news conference this month when asked what his party’s agenda would look like if it won control of Congress. He added, “The election this fall is a referendum on this all-Democratic government.”With inflation at a 40-year high, Republicans have spotlighted so-called kitchen-table issues like rising gas and home heating costs. They have sought to undermine Mr. Biden’s most ambitious policy proposals by casting them as “reckless spending,” and they have gloated as Democrats have been unable to hold together to push them through. And they have highlighted the administration’s foreign policy setbacks, like the chaotic withdrawal from Afghanistan, in an effort to undercut Mr. Biden’s competence in the eyes of voters.Republicans have single-mindedly kept the focus on President Biden.Cheriss May for The New York Times“They’ve been like a bass drum in a band — it’s going on all the time,” Josh Holmes, a political adviser to Mr. McConnell, said of the Republicans and their stream of critiques. “Leadership has never gotten off on a tangent of talking about the 2020 election. They’ve been entirely forward-looking.”The message discipline could be foiled as the campaign season intensifies and Republican candidates seeking Mr. Trump’s endorsement embrace his false claims about the 2020 presidential election being stolen. Mr. Trump has already denounced Republican lawmakers by name for voting to impeach him and to pass Mr. Biden’s $1 trillion infrastructure plan.“They can try to hide and distract from Tump as much as they want, but the reality is you have a former president who is hitting the campaign trail twice a month,” said Xochitl Hinojosa, a Democratic strategist and former communications director for the Democratic National Committee. “He’s still out there, and he says crazy things and gets coverage.”A Look Ahead to the 2022 U.S. Midterm ElectionsIn the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are 10 races to watch.In the House: Republicans are already poised to capture enough seats to take control, thanks to redistricting and gerrymandering alone.Governors’ Races: Georgia’s race will be at the center of the political universe this year, but there are several important contests across the country.Key Issues: Both parties are preparing for abortion rights and voting rights to be defining topics.Chris Meagher, a White House spokesman, said Republicans were “rooting for inflation and don’t have a plan to address price increases for working families.” He added, “They don’t have a plan to beat back the pandemic or to grow jobs.”For Republicans, the biggest political fear is that they may be peaking too soon. In private meetings, some have raised the question of whether voters will still blame Mr. Biden for the prolonged pandemic in the fall if the Omicron wave subsides and supply chain issues dissipate.But for now, with Mr. Trump out of office and Mr. Biden struggling to energize the voters who elected him, Republicans are feeling optimistic.They have expressed glee over the decision by Democrats to take up voting rights legislation in a midterm election year, an ultimately losing legislative fight that left senators in the majority party struggling to explain arcane filibuster rules, while Republicans focused on more tangible topics like the price of a gallon of milk.“If I had one wish, it would be that the election would be today, because the political environment is so good for us,” said Richard Walters, the chief of staff for the Republican National Committee, pointing to Mr. Biden’s declining approval rating, which this month hit 41 percent in a Pew Research Center survey.Republican strategists note with optimism that no president in the past 70 years has ever improved his approval rating substantially after late January of a midterm election year. And while nominating a Supreme Court justice to succeed Justice Stephen G. Breyer offers Mr. Biden an opportunity to energize crucial Democratic constituencies, Republicans were quick to shrug it off given that it would not change the court’s conservative tilt.Republicans have single-mindedly kept the focus on Mr. Biden.In the House, Representative Kevin McCarthy, Republican of California and the minority leader, has worked to keep his more incendiary members out of the news — with mixed success — and hammered away at the president.He has also tried to lay out what Republicans would do if they won control, releasing a “Parents Bill of Rights” that would give parents more say in their children’s curriculum and drawing up a list of investigations the House would open to scrutinize the Biden administration. He recently sought advice from former Speaker Newt Gingrich, whose “Contract With America” in 1994 encapsulated the Republican message as the party campaigned successfully to win control of the House that year.Mr. Gingrich, whose meeting with Mr. McCarthy was reported by The Washington Post, recently said on Fox News that if Republicans won this year, members of the House committee investigating the Jan. 6 attack could be jailed.In the Senate, Republican leaders have used regular news conferences, often attended by a majority of their members, as what they call “plug-and-play forums” to speak directly to voters at home about Mr. Biden and his party.Representative Kevin McCarthy has hammered away at the president while working to keep his more incendiary members out of the news.Tom Brenner for The New York Times“The role I see of the minority is to point out the fact that his administration is ignoring the needs of the American people,” Senator John Barrasso of Wyoming, the No. 3 Republican, said in an interview.Mr. Barrasso said the concerns he had heard from constituents over this week’s recess had been left unaddressed in Washington.“Heating costs are up, grocery costs are up, and you have a president talking about spending all of this additional money and focusing on voting,” he said. “People asked me 23 different things, and voting ended up dead last.”Some lawmakers and top Republican strategists argue that with Mr. Biden’s numbers sagging and his policies floundering, he is doing their job for them.“When your opponents are hanging themselves, don’t cut the rope, and that’s what we see the Democrats doing here,” said Jeff Roe, the founder of Axiom Strategies, a political consulting firm that has worked for Gov. Glenn Youngkin of Virginia and Senator Ted Cruz of Texas, both Republicans. “All we need to do is stay out of the way.”Republicans on Capitol Hill point to the withdrawal from Afghanistan last summer — a tumultuous period during which a suicide bombing at the Kabul airport killed 13 U.S. service members — as the turning point for a once-popular administration. Internal Republican polls showed Mr. Biden losing six percentage points in his approval rating at that time, a decline that he has not managed to reverse.“Republicans have a lot of significant, deep problems, but Democrats have been so bad that it made it really easy to overlook them,” said Brendan Buck, a former adviser to the past two Republican speakers of the House, Paul D. Ryan and John A. Boehner. Republicans are still dealing with the culture wars and populism that may pose serious long-term demographic challenges, he said, but for now the Democrats have overshadowed those fissures.Mr. McCarthy, who is in line to be speaker if Republicans win the House, has been increasingly bullish about the prospect, predicting that 70 Democratic-held seats will be competitive.There are some bright spots for Mr. Biden. Democrats view his opportunity to appoint a Supreme Court justice as a chance for a change in focus and a moment for him to claim a high-profile victory. Mr. Biden has highlighted the 3.9 percent unemployment rate as part of the recovery he promised to Americans, and his top aides have underscored that he has overseen the strongest economic growth in decades.The Senate map for Democrats is also somewhat favorable; Mr. Biden won a majority of the battleground states with Senate races that are likely to decide control of the chamber.Ms. Hinojosa said Democrats must spend heavily in competitive states to tell voters the story of Mr. Biden’s accomplishments.“The White House realizes that and there’s a better-coordinated effort to do that than there has been in the past,” she said. “They’re just going to need to do it more aggressively.”But some Republicans believe it will be difficult for Mr. Biden to improve his standing.“The left is disappointed with him and the anti-Trump Republicans and independents thought they were going to get a moderate governing,” said Whit Ayres, a veteran Republican pollster. “I don’t know how resolving the pandemic is going to affect that fundamental reality that he is completely misplaying his hand.” More

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      How Independent Voters Feel About Biden

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      More from our inbox:Grading Biden on the EconomyIf Only Republicans Were as Bold as the BritsSanctions Against Russia if It Invades UkraineYes, They Deserve a Lawyer  Illustration by Cristiana Couceiro, photographs by Chris Jackson/Getty Images and Pool photo by Steve ParsonsTo the Editor:“14 Independent Voters Share Their Fears” (Sunday Review, Jan. 23) reflects attitudes that may cause the downfall of the Biden presidency and result in even greater negative consequences.In response to a request for “a word or phrase that describes President Biden,” the answers were weakly moderate (e.g., “reasonable”) to completely negative (e.g., “incoherent,” “pathetic,” “clueless,” “complete disaster,” “spaced out”).Consider the issues and opposition that Mr. Biden faces: Vladimir Putin and Ukraine, Chinese economic and territorial expansionism, Covid, a divided Congress, Iran negotiations, Build Back Better, inflation, Supreme Court rulings, voting rights, economic and social justice, and last, but definitely not least, climate change. Consider also that the Afghanistan pullout and infrastructure bill are done.I do not believe that any president since World War II has confronted and tried to address so many major, even existential, issues at one time. I was not initially a Biden supporter. I do not necessarily agree with him on everything. My solutions may differ on the issues. But if I were to be asked for a word to describe President Biden, it would be “courageous.”Dean R. EdstromEden Prairie, Minn.To the Editor:As I read through the transcript of the focus group with “independent” voters, I couldn’t help but think: I voted for Mitt Romney in 2012 and worked on Hillary Clinton’s campaign in 2016. Where’s my focus group?The media’s obsession with using Obama-Trump voters as a representation of independent voters has never made sense to me. While these voters may represent a segment of independent voters, they seem more drawn to strong personalities than good policies. Many in the group seemed susceptible to misinformation, a trait that I imagine led them to Donald Trump.There are other independents in this country who can provide much more interesting (and dare I say nuanced) takes on how the administration is doing. Those voters can have just as much of an impact on the elections in 2022 and 2024, if not more. I hope The Times will consider highlighting those voices as well in the future.Eric HinkleArlington, Va.Grading Biden on the Economy  Illustration by Rebecca Chew/The New York Times; photographs by Doug Mills/The New York Times, and Lauri Patterson, via Getty ImagesTo the Editor:Re “President Biden’s Economy Is Failing the Big Mac Test” (editorial, Jan. 23):Your editorial succinctly summarizes the economic policies of the Biden administration, the current state of the economy and its likely future trajectory. With all that in mind, it concludes that President Biden made the right choice in firing up the economy to avoid a sluggish recovery that would have caused considerable pain for many, even though this approach has caused near-term pain for a segment of the population.Were one, however, to read the headline, or even its first few paragraphs, one would come away with the incorrect notion that Mr. Biden — who the editors acknowledge has less ability to affect the economy than popularly conceived — has engaged in failed policies that have left people worse off than they ought to be.The Times can and should do better.Seth GinsbergEnglewood, N.J.To the Editor:The Times’s failing grade for President Biden’s economic performance needs to be re-examined. The editorial tells us your main measure is real weekly wages — the average worker’s wages adjusted for inflation. The editorial determined that Mr. Biden has failed, since the average real weekly wage fell by 2.3 percent over the last year.There are two major problems with this measure. The first is a composition effect. In 2020, many low-paid workers were laid off. This raises the average, in the same way the average height in a room rises when the shortest person leaves. The composition effect went the opposite way in 2021, as low-paid workers were rehired.The other is a pandemic price effect. Many prices, most notably gasoline, were depressed when the world economy shut down because of the pandemic. Predictably, these price declines were reversed when the economy reopened.If we want a more honest measure, we would look at real wage growth over the last two years, which is a very respectable 2.9 percent.Dean BakerKanab, UtahThe writer is senior economist at the Center for Economic and Policy Research.To the Editor:The problem is, nobody really understands the economy.Different economists will give different reasons for why the economy is doing what it’s doing. Some will get it right, many won’t. Some might be only partly right.When it comes down to it, there are often multiple reasons why the economy does what it does. And, no matter what the president does, the economy will go its own way because of multiple factors. So is President Biden at fault? A little bit yes and a little bit no.We have an economy being manipulated by Covid, oil-producing nations, supply chains, businesses inflating prices, etc. The president is the most prominent individual to aim at, but he’s only a small part of the problem. Do you know anyone who’d be more effective?Marshall CossmanGrand Blanc, Mich.To the Editor:Rather than blaming “Democrats, unable to agree on the terms of a permanent expansion” for the expiration of the child tax credit, the blame should be placed on one Democrat, Senator Joe Manchin, and the 50 Republicans who are united in opposition.Michael CaplowSeattleIf Only Republicans Were as Bold as the BritsPrime Minister Boris Johnson in Parliament on Tuesday.Jessica Taylor/Uk Parliament, via Agence France-Presse — Getty ImagesTo the Editor:Re “How Partying Could Be Boris Johnson’s Undoing” (The Daily podcast, Jan. 25):As I watch the British prime minister, Boris Johnson, tumble into a conflagration of his own lies and hubris as he flagrantly flouted Covid restrictions while the rest of Britain abided by the rules, I am struck by the members of his own Tory Party who are openly stating their disgust at his behavior.Certainly they are motivated by self-interest and the preservation of the Tory majority, but one can only wonder where we would be in this country if Mitch McConnell and other Republicans had confronted Donald Trump and openly declared their actual personal opinions about his mendacity and malignancy as David Davies, a senior member of the Conservative Party, did in Parliament. He quoted the words spoken to Neville Chamberlain: “You have sat there too long for all the good you have done. In the name of God, go!”The Republican leadership simply did not have the morality and courage of David Davies. We are all paying the price for their lack of character.Robert GrossmarkNew YorkTo the Editor:I have been struck throughout the pandemic by the resonances with Edgar Allan Poe’s story “The Masque of the Red Death,” in which a prince, attempting to escape a deadly plague, holes himself inside a palace and throws a masquerade ball. Spoiler alert: The plague gets in, disguised as a flamboyantly dressed guest.It does not surprise me that Boris Johnson’s demise may be thanks to a party of his own.Alice WalkerBrooklynSanctions Against Russia if It Invades Ukraine Mikhail Metzel/SputnikTo the Editor:If Vladimir Putin invades Ukraine, then the United States, Britain and the European Union should close their borders to Russian citizens and deny them visas.Let the oligarchs find new places to buy their mansions and launder their money. The West should not be a refuge for Russian money and rich Russians.Michael R. SlaterSan Luis Obispo, Calif.Yes, They Deserve a LawyerThe Rev. John Udo-Okon, pastor of the Word of Life International Church in the South Bronx, hopes to be trained to help his congregants defend themselves against debt-collection suits.Thalia Juarez for The New York TimesTo the Editor:Re “Do Debtors Really Need a Lawyer When Sued?” (news article, Jan. 26):Yes, they do! Hundreds of thousands of overwhelmingly Black and brown low-income people face debt collection in New York State — from pending cases and cases in which creditors secured court judgments against them. Why should they have to settle for nonprofessional counsel in legal proceedings that can determine if they have food on the table and a roof over their heads for themselves and their families?If you have the means, you would never settle for a nonprofessional, and they should not have to either. New York State should expand civil legal services in this grossly underfunded area, particularly at this critical time.Dora GalacatosNew YorkThe writer is executive director of the Feerick Center for Social Justice, Fordham University School of Law. More

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      Are New Voting Bill Talks for Real or for Show?

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      Senators involved in the negotiations underway say the discussions are serious and substantive, but some Democrats remain wary.WASHINGTON — Senator Richard Blumenthal, Democrat of Connecticut, was finally closing in on a hard-fought agreement with Republicans on a gun safety measure, following a string of horrific shootings in 2019, when the talks suddenly collapsed.New plans in the House to impeach President Donald J. Trump meant that Republicans were no longer in the mood to compromise with Democrats on anything, and the emerging accord went the way of so many seemingly promising ones on Capitol Hill in recent years, stymied by Republicans who said they were willing to accept some sort of deal — just not that one.“The world has become so polarized that our Republican colleagues come so very close to closing a deal, but then they begin staring down the abyss of their base and they recoil,” said Mr. Blumenthal, who attributed the Republican recalcitrance to fear of a political backlash for any cooperation with Democrats.The same has been true for other politically charged issues where efforts at compromise have ended up going nowhere in Congress. Republicans initially seemed willing to engage on legislation addressing immigration and police misconduct, for example, only to abruptly pull back, blaming Democrats for what they called unreasonable demands or a refusal to take hard steps that might anger their liberal supporters.So as a rump group of senators in both parties has recently ramped up discussions aimed at reaching a compromise on voting legislation, leading Democrats who saw their far broader voting rights package stall in the Senate last week have been wary.They worry that the emerging legislation could be a distraction from the pressing issue their bill was meant to address — Republican voter-suppression efforts at the state level — and amount to little more than cover for Republicans who want to appear interested in protecting election integrity despite uniformly opposing Democrats’ voting rights bill.They have taken note that Senator Mitch McConnell, the Kentucky Republican and minority leader, has blessed the effort — a telltale sign, say Democrats who have learned to be endlessly suspicious of his motives, that it might go nowhere.The Democratic fear is that once the moment passes and attention shifts away from election law to spending issues and now a contentious Supreme Court nomination, the talks will fizzle and Democrats will be left with nothing to show for their voting rights drive, even as the 2022 midterms loom and the 2024 election is just over the horizon.But leaders of the talks that now include at least 16 senators divided between Republicans and Democrats say they are substantive, gaining momentum and could produce legislation that might prevent another Jan. 6-style confrontation by focusing on fixing the deficiencies in the 135-year-old Electoral Count Act.They point to the bipartisan infrastructure measure that many of the same lawmakers were able to produce last year as their model for negotiations, and as proof that compromise is still possible.“I’m encouraged by the fact that almost every day, someone calls me and asks to join our group,” said Senator Susan Collins, the centrist Republican from Maine and a leader of the compromise effort. She characterized its members, who met virtually this week, as ranging from “pretty conservative to pretty liberal.”“This is a serious, committed group of senators from both sides of the aisle,” she said in an interview. “This is not a surface effort.”Aiding the outlook for the talks is the fact that Senator Chuck Schumer, Democrat of New York and the majority leader, is also now encouraging them. He is taking what one ally described as a wait-and-see attitude after initially lashing out at the potential compromise as a ruse to undercut the Democratic voting rights package.A separate group that includes Senator Amy Klobuchar, Democrat of Minnesota and chair of the Rules Committee, and Angus King, the Maine independent, is drafting comparable legislation.Virtually all Democrats back the idea of fixing the Electoral Count Act, which lays out the ceremonial process by which Congress makes an official count of the presidential election results to confirm the victor, to guard against its being exploited in the way that Mr. Trump and his allies attempted to do so.But they caution that it is no substitute for their proposals, which focus on countering efforts to make it harder for minorities to vote and restoring parts of the landmark Voting Rights Act.“I don’t think anybody is against fixing the piece,” Senator Chris Van Hollen, Democrat of Maryland, said about the electoral vote counting process. “But nobody should pretend that this in any way solves the bigger issues regarding the attack on our democracy.”Ms. Collins, however, says that the focus on how presidential electoral votes are tallied should be the aim of any new voting legislation as a direct response to the assault on the Capitol last January by Mr. Trump’s supporters seeking to interfere with the tally.“That the Democrats didn’t put anything on the Electoral Count Act in their 735-page bill is astounding to me given the link to Jan. 6,” Ms. Collins said.Understand the Battle Over U.S. Voting RightsCard 1 of 5Why are voting rights an issue now? 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      Judge Says States Can Investigate WinRed’s Fund-Raising Tactics

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      The Republican digital donation platform is facing inquiries from four state attorneys general into its use of prechecked boxes to withdraw donations automatically.A federal judge in Minnesota on Wednesday dismissed a lawsuit filed by WinRed, a company that processes online donations for Republicans, that sought to block state attorneys general from investigating fund-raising tactics that have triggered complaints of fraud.The attorneys general from four states — New York, Minnesota, Maryland and Connecticut — first sent letters to WinRed last April, asking for documents after a New York Times investigation revealed the company’s use of prechecked boxes to automatically enroll donors in recurring contribution programs. The boxes resulted in a surge in demands for refunds from supporters of former President Donald J. Trump.WinRed declined to provide the documents and instead went to federal court to argue that federal law should pre-empt any state-level consumer investigations. Chief Judge John R. Tunheim of the U.S. District Court in Minnesota ruled against the company on Wednesday.Judge Tunheim dismissed WinRed’s attempt to stop the attorneys general investigating outside Minnesota, ruling that he did not have jurisdiction. He ruled in favor of the Minnesota attorney general, Keith Ellison, writing that federal law would not pre-empt a state inquiry.“The court has confirmed an important principle that has nothing to do with politics: State attorneys general can use the laws and investigatory tools of their states to protect the consumers of their states from harm, deception, and abuse,” Mr. Ellison said.Judge Tunheim also denied a request to block a subpoena from the attorneys general, which was issued last July 16, shortly after WinRed went to federal court, according to the ruling issued on Wednesday.“WinRed will appeal,” the company said in an emailed statement.WinRed has argued that the attorneys general, all Democrats, are politically motivated. However, the four also sent a similar request for documents last year to ActBlue, the leading Democratic donation-processing platform. ActBlue said on Wednesday that it had also received a subpoena and that it had shared the requested information.After the ruling Wednesday, Attorney General Brian Frosh of Maryland urged WinRed to cooperate with the inquiry.“Now that its case has been dismissed, it is our hope that WinRed moves from a strategy of attack, attack, attack and cooperates in the investigation of allegations that it deceived consumers around the nation,” he said in a statement.New York’s attorney general, Letitia James, said, “It’s their responsibility to be honest and transparent with their services, and it’s the responsibility of the states to fight back against deceptive behavior in all its forms.”In the fall of 2020, the Trump campaign used prechecked boxes to get a donor’s permission to withdraw extra donations every week — then obscured that fact below extra text unrelated to the additional withdrawals. In the following weeks and months, demands for refunds increased sharply as supporters said they were duped into unwitting contributions.All told, the Trump operation, working with the Republican Party, refunded more than 10 percent of every dollar raised through WinRed in the 2020 campaign — a rate more than four times that of the Democrat Joseph R. Biden Jr.’s operation.The bipartisan Federal Election Commission voted unanimously last year to recommend that Congress outlaw the practice of prechecked recurring donation boxes. Legislation has since been introduced in both the House and the Senate.Kitty Bennett contributed research. More

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      To Hell and Back, Then to CNN

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      Once an ordinary citizen stumbles into the culture war, it can be hard to get back out. Just ask Michael Fanone.Michael Fanone seemed very out of place. It was the first anniversary of the Jan. 6 insurrection, and CNN was commemorating the occasion with blanket coverage. A year earlier, Fanone was a 40-year-old Metropolitan Police Department (M.P.D.) officer trying to hold off an angry mob outside the United States Capitol. The rioters pulled him from a tunnel and down a set of steps, pummeled him with their fists and their feet and even the staff of an American flag and tased him numerous times; in the melee, he suffered both a heart attack and a traumatic brain injury. Now Fanone was outside the Capitol again, on the set of CNN’s “New Day” morning show, sitting next to its hosts, John Berman and Brianna Keilar. He wore faded jeans and a red-and-black plaid parka, in stark contrast to Berman’s and Keilar’s news-anchor attire. With his heavy beard and a turtleneck of tattoos peeking out from underneath his collar, he looked like some sort of punk lumberjack. He sounded like one too. When Keilar asked him to share some of the conversations he was having with police officers as the anniversary approached, Fanone acidly noted that the U.S. Capitol Police “have to walk the same halls as some of these insurrectionist members of Congress,” before adding, “I couldn’t imagine sharing a work space with those jackasses.”The good news for Fanone is he doesn’t have to. Despite the incongruity of his wardrobe and words, the cable-news set was now his work space, Berman and Keilar his colleagues. In late December, Fanone resigned from the M.P.D., after nearly 20 years on the force, and took a job as an on-air commentator on law-enforcement issues at CNN. In a way, the move only formalized a pre-existing relationship. A week after the storming of the Capitol, while still recovering from his injuries, Fanone gave interviews to CNN and a host of other news outlets, recounting the horrors of the event in vivid terms that spared no detail or person. (Addressing the handful of people in the mob who came to his aid that day, he told CNN, “Thank you, but [expletive] you for being there.”) He became a media star and, inevitably, a political star as well. In July, Fanone testified in front of the House Select Committee investigating the Jan. 6 attack. “The indifference shown to my colleagues is disgraceful,” he shouted, slamming his hand on the table. That evening, he appeared on Don Lemon’s CNN show to play a racist and homophobic voice mail message a Trump supporter left him. “This is what happens to people that tell the truth in Trump’s America,” he said. That Fanone himself was a self-described “redneck American” who voted for Trump in 2016 gave his words an added weight.They didn’t switch sides in the political battle so much as they simply stumbled into it.Apostates are rarely lonely in American politics. When a political figure switches sides — Whittaker Chambers naming Communist names and becoming a celebrated conservative intellectual, David Brock renouncing the vast right-wing conspiracy and starting liberal nonprofits — the drama of the act itself can earn more attention, and more followers, than if the person had started on that side to begin with. But in recent years, the act of apostasy has been defined down. Alexander Vindman, a by-the-book U.S. Army lieutenant colonel serving on Trump’s National Security Council, became a blue-state hero for having the temerity to suggest that it was improper of Trump to threaten to withhold U.S. military assistance to Ukraine unless it investigated Joe Biden. Nicholas Sandmann, a Kentucky teenager on a high-school field trip to Washington, became a conservative cause célèbre when a video of his encounter with a Native American political activist on the steps of the Lincoln Memorial was misconstrued, in initial press reports, as a racist confrontation. Unlike Chambers or Brock, Vindman and Sandmann didn’t switch sides in the political battle so much as they simply stumbled into it — noncombatants who were drafted into the culture war. Once conscripted, though, each capitalized on his new status by parlaying it into political and media work. Sandmann landed a job with Mitch McConnell’s re-election campaign and was given a prime-time speaking spot at the Republican National Convention. He’s now a frequent guest on Fox News, most recently showing up on Sean Hannity’s show to offer advice to Kyle Rittenhouse after his acquittal on murder charges in November. Vindman, meanwhile, wrote a book, “Here, Right Matters” — the title comes from a line in his testimony at Trump’s impeachment hearings — and even made a cameo on “Curb Your Enthusiasm.” It’s not surprising that Fanone would follow the same path. He may have had little alternative. The flip side of apostasy, of course, is the enmity it earns you from your old comrades. Fanone’s outspokenness rapidly made him a target for conservative media figures: Greg Kelly of Newsmax dubbed him “that drama queen of a cop,” while Laura Ingraham of Fox mockingly awarded him a “best performance in an action role” trophy for his House testimony. Even worse, he became a target for his fellow law-enforcement officers. When he had recovered enough to return to the force in September, he has said, officers in his old district greeted him with taunts or simply shunned him; he now counts only two current Washington police officers as friends. “I had convinced myself, Mike, you’re vocalizing the opinions of thousands and thousands of police officers,” he later lamented to the Time correspondent Molly Ball. “But I’m starting to think I’m vocalizing the beliefs of just one.” In joining CNN, Fanone is merely going where he is wanted.Fanone has said that one reason he is so outspoken is he does not want anyone to whitewash, or to forget, what happened on Jan. 6. But that has trapped him in a “Groundhog Day”-like existence. In another appearance during CNN’s anniversary coverage, Fanone stood with Don Lemon in the Capitol tunnel from which rioters pulled him one year earlier. In an “exclusive” interview, he haltingly recalled how “it was like a war zone.” He went on: “It was just littered with weapons and debris, CS gas, residual gas just kind of floating in the air created this mist or haze. It was surreal.” Left unsaid was the surreality of Fanone’s having to relive the worst day of his life, yet again, for CNN’s cameras.Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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      Justice Dept. Is Reviewing Role of Fake Trump Electors, Top Official Says

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      Lisa O. Monaco, the deputy attorney general, told CNN that she could not “say anything more on ongoing investigations.”WASHINGTON — The Justice Department is investigating the fake slates of electors that falsely declared Donald J. Trump the victor of the 2020 election in seven swing states that Joseph R. Biden Jr. had in fact won, a top agency official said on Tuesday.“Our prosecutors are looking at those, and I can’t say anything more on ongoing investigations,” Lisa O. Monaco, the deputy attorney general, said in an interview with CNN.The false certificates appear to have been part of an effort by Mr. Trump’s allies to reverse his defeat in the presidential election. Even as election officials in the seven contested states sent official lists of electors who had voted for Mr. Biden to the Electoral College, the fake slates claimed Mr. Trump was the winner in an apparent bid to subvert the election outcome.Lawmakers, state officials and the House committee investigating the Jan. 6 riot have asked the Justice Department to look into the role played by those fake electors and the documents they submitted to the National Archives on Dec. 14, 2020.In some cases, top Republican Party officials in those seven states signed the false documents, according to copies posted online last March by American Oversight, a nonprofit watchdog group.“The phony electors were part of the plan to create chaos on Jan. 6, as a pretext for a contingent election,” said Representative Jamie Raskin, Democrat of Maryland and a member of the committee.“The fake electoral slates were an effort to create the illusion of contested state results,” Mr. Raskin said. That, he added, would have given Mike Pence, who as vice president presided over Congress’s count of electoral votes on Jan. 6, “a pretext for unilateral rejection of electors.”In Michigan, Dana Nessel, the attorney general, gave federal prosecutors information from her yearlong investigation into the matter. She has said that she believes there is enough evidence to charge 16 Republicans in her state with submitting the fake certificates and falsely claiming that they were official electors for the state.And Hector Balderas Jr., the attorney general of New Mexico, and a local prosecutor in Wisconsin also asked the Justice Department to review the matter.If investigators determine that Mr. Trump’s allies created the fake slates to improperly influence the election, they could in theory be charged with falsifying voting documents, mail fraud or even a conspiracy to defraud the United States.It is unclear whether the Republican Party officials and others who submitted the false documents did so on their own or at the behest of the Trump campaign.“The people who pretended to be official electors in states that were won by Biden were undoubtedly guilty of fraud on the Constitution and on the democracy,” Mr. Raskin said. “It’s a trickier question whether they are guilty of either common-law fraud, state statutory fraud, federal mail fraud or some other offense.”Luke Broadwater More

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      Stay Woke. The Right Can Be Illiberal, Too.

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      Those of us who sustainedly criticize the excesses of the Great Awokening are often told that we’re making a mountain out of a molehill. That the real problem is censorship not from the left but from the right. That censorship from the left is largely a matter of pile-ons by anonymous Twitter denizens or college kids expressing themselves, while censorship from the right involves menacing officials dedicated to eliminating, for instance, discussion of race in schools.The characterization of the problem on the left strikes me as somewhere between uninformed and willfully blind. Yes, left-leaning students might demonstrate their free-speech intolerance within the cozy confines of their campuses, but one day they graduate into the real world and take that rehearsed intolerance with them. Superprogressive views may predominate in certain settings, but the presumption, held by too many, that their woke outlook doesn’t even warrant intellectual challenge in the public square is an extension of the broader “dis-enlightenment” I described back in October.That said, I’m genuinely open to the idea that censorship from the right is more of a problem than I have acknowledged. The truth may be, as it so often is, in the middle, and a legal case from the past week has made me think about it.Making sense of things requires synthesis, identifying what explains a lot rather than perceiving a buzzing chaos of people suddenly crazed, which is an implausible and even effort-light approach to things. In that vein, our problem today is illiberalism on both sides.We will salute, then, U.S. District Court Judge Mark Walker, who last week ruled, in a 74-page opinion, in favor of six professors at the University of Florida who were barred by school officials from acting as expert witnesses in cases challenging state policy on issues ranging from restrictive voting laws to Republican Gov. Ron DeSantis’s attempt to withhold funds from schools with mask mandates. (There are also recent reports that U.F. faculty members have been cautioned against using the words “critical” and “race” in the same sentence to describe the curriculums they teach, apparently to head off discussion of critical race theory and its effects on education in a way that might draw a backlash from state legislators or others in the Florida government.)Judge Walker analogized the actions of University of Florida officials to the removal in December of a statue commemorating the Tiananmen Square massacre from the campus of the University of Hong Kong. He echoed the plaintiffs’ argument that “in an apparent act of vorauseilender Gehorsam,” or anticipatory obedience, “U.F. has bowed to perceived pressure from Florida’s political leaders and has sanctioned the unconstitutional suppression of ideas out of favor with Florida’s ruling party” — admonishing the defendants in a footnote that “if those in U.F.’s administration find this comparison upsetting, the solution is simple. Stop acting like your contemporaries in Hong Kong.”The judge summed up by noting that “the Supreme Court of the United States has long regarded teachers, from the primary grades to the university level, as critical to a healthy democracy.” He added, “Plaintiffs’ academic inquiry ‘is necessary to informed political debate’ and ‘is of transcendent value to all of us and not merely to the teachers concerned,’” emphasizing that “when such critical inquiry is stifled, democracy suffers.”Let’s not forget, either, what happened to the schoolteacher Matthew Hawn last summer: He was fired by school administrators in Tennessee for leading classroom discussions with high school juniors and seniors (in a course called Contemporary Studies; it’s not as if this had been a chemistry lab) on concepts such as white privilege and implicit bias, not long after passage in the state of a ban on teaching critical race theory. As I’ve argued, ideas rooted in that theory do, in refracted form, make their way into how some schoolteachers teach, and it’s legitimate to question the extent of this. But that hardly justifies Hawn’s getting canned for things such as assigning a widely read article by Ta-Nehisi Coates. Hawn is pursuing an appeal of his dismissal, and if justice is on his side, he should win it.I’m not doing a 180 here or letting those I term the Elect off the hook. The illiberal tendency on the left is just as oppressive and requires equal pushback: The University of North Texas music professor Timothy Jackson, a founder of his school’s Center for Schenkerian Studies, studies the work of the German Jewish music theorist Heinrich Schenker, whose early-20th-century work figures prominently in music theory. In a 2019 speech to the Society for Music Theory, Philip Ewell, a Black music professor at Hunter College characterized Schenker as a racist and wrote in a 2020 article for Music Theory Online (a publication of the Society for Music Theory) that “Schenker’s racist views infected his music theoretical arguments,” that “there exists a ‘white racial frame’ in music theory that is structural and institutionalized” and that by extension, music theory and even the academic field of musicology are racialized, if not racist.In 2020, Jackson led the publication of an issue of The Journal of Schenkerian Studies dedicated to addressing Ewell’s case, publishing five articles defending Ewell’s case and 10 critiquing it. As The Times reported last year, Jackson was hardly gentle in his pushback, arguing that Ewell’s “denunciation of Schenker and Schenkerians may be seen as part and parcel of the much broader current of Black antisemitism” and partly attributing the dearth of Black classical musicians to fewer Black people who “grow up in homes where classical music is profoundly valued” and that fostering music education in public schools is the proper remedy.The result was, by today’s standards, predictable: Hundreds of students and scholars signed a letter condemning the issue. After an investigation, the university relieved Jackson of his supervision of the journal and, according to Times reporting, didn’t rule out further disciplinary action.The point here is less whether Jackson’s argument and the issue it appeared in were the quintessence of tact on race issues than whether he deserves to lose his career status and reputation because of them. Nor is the point whether Ewell’s argument was enlightened; one is (or should be) free to subscribe to it. Or not. My view is that while the field of musicology is correct, generally, in examining itself for remnants of racist bias, Ewell’s specific take is flawed.No, the point is that the through line between Jackson’s treatment at North Texas and the treatment of the Florida law professors is that instead of their views being addressed as one side of heated, complex debates, their views were squelched as unutterable heresies.Jackson has sued, and if justice is on his side, he should win. I could cite a great many cases similar to his.To many, I suspect, what happened to the University of Florida professors and to Hawn is more frightful than what happened to Jackson. However, that sentiment is a matter of one’s priorities, not a neutral conception of what justice consists of. Too many of us suppose that people should not be allowed to express opinions they deem unpleasant or dangerous and are given to demonizing those who have such opinions as threats to our moral order.On the right, even if you’re wary of critical race theory’s effect on the way many kids are taught, it is both backward and unnecessary to institutionalize the sense that discussing race at all is merely unwelcome pot stirring (and if that’s not what you mean, then you need to make it clear). On the left, illiberalism does not become insight just because some think they are speaking truth to power. Resistance to this kind of perspective is vital, no matter where it comes from on the political spectrum.Have feedback? Send a note to McWhorter-newsletter@nytimes.com.John McWhorter (@JohnHMcWhorter) is an associate professor of linguistics at Columbia University. He hosts the podcast “Lexicon Valley” and is the author, most recently, of “Woke Racism: How a New Religion Has Betrayed Black America.” More