More stories

  • in

    ‘Mayor Pete’ Review: Politics Is Local

    This film, which follows Pete Buttigieg on his campaign for the 2020 Democratic presidential nomination, rarely captures him in what looks like an unselfconscious moment.We already knew Pete Buttigieg was good on camera. For “Mayor Pete,” the documentarian Jesse Moss followed Buttigieg — the current transportation secretary and former mayor of South Bend, Ind. — during his campaign for the 2020 Democratic presidential nomination. But the resulting portrait rarely captures him in what looks like an unselfconscious moment.Maybe Buttigieg is always on. “In my way of coming at the world, the stronger an emotion is, the more private it is,” he says in an interview for the film. He chafes against consultants’ advice that he “let loose” and be himself — because letting loose, he says, would not be being himself. The movie does show him singing a “Schoolhouse Rock” tune as he signs papers at his mayor’s desk.But Moss — a director of “Boys State,” in a sense a companion look at political novices finding their voices — hasn’t succeeded in becoming a fly on the wall, if such a thing is possible during a heavily photographed campaign. (“The War Room” focused on strategists, not the candidate.) Showing Buttigieg at one public appearance after another, “Mayor Pete” more often plays like outtakes from the trail than an inside glimpse.Occasionally the movie encounters situations that appear as if they weren’t intended to be filmed, as when Buttigieg’s husband, Chasten, points out that he’s not going to be positioned as prominently as other candidates’ spouses in Iowa. Later, in South Carolina, Chasten encourages his weary spouse to deliver yet another speech (“Everything you’re going to say is new to them”). For a minute, you can see Buttigieg let a private emotion through.Mayor PeteRated R for language. Running time: 1 hour 36 minutes. Watch on Amazon. More

  • in

    Swift Ruling in Jan. 6 Case Tests Trump's Tactic of Delay

    The former president has leveraged the slow judicial process in the past to thwart congressional oversight, but the Jan. 6 case may be different.WASHINGTON — On the surface, a judge’s ruling on Tuesday night that Congress can obtain Trump White House files related to the Jan. 6 riot seemed to echo another high-profile ruling in November 2019. In the earlier matter, a judge said a former White House counsel must testify about then-President Donald J. Trump’s efforts to obstruct the Russia investigation.In both cases, Democratic-controlled House oversight committees issued subpoenas, Mr. Trump sought to stonewall those efforts by invoking constitutional secrecy powers, and Obama-appointed Federal District Court judges — to liberal cheers — ruled against him. Each ruling even made the same catchy declaration: “presidents are not kings.”But there was a big difference: The White House counsel case two years ago had chewed up three and a half months by the time Judge Ketanji Brown Jackson issued a 120-page opinion to end its first stage. Just 23 days elapsed between Mr. Trump’s filing of the Jan. 6 papers lawsuit and Judge Tanya Chutkan’s ruling against him.The case, which raises novel issues about the scope of executive privilege when asserted by a former president, is not over: Mr. Trump is asking an appeals court to overturn Judge Chutkan’s ruling and, in the interim, to block the National Archives from giving Congress the first set of files on Friday. The litigation appears destined to reach the Supreme Court, which Mr. Trump reshaped with three appointments.But if the rapid pace set by Judge Chutkan continues, it would mark a significant change from how lawsuits over congressional subpoenas went during the Trump era.The slow pace of such litigation worked to the clear advantage of Mr. Trump, who vowed to defy “all” congressional oversight subpoenas after Democrats took the House in the 2018 midterm. He frequently lost in court, but only after delays that ran out the clock on any chance that such efforts would uncover information before the 2020 election.So alongside the substantive issues about executive privilege, one key question now is whether Mr. Trump can again tie the matter up in the courts long enough that even a Supreme Court ruling against him would come too late for the special committee in the House that is seeking the Trump White House documents for its investigation into the Jan. 6 riot.Specifically, the Jan. 6 committee has demanded detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.The chairman of the committee, Representative Bennie Thompson, Democrat of Mississippi, has said he wants to wrap up by “early spring.” In that case, the committee would need access to the files it has subpoenaed by late winter for that information to be part of any report.Legally, the committee could continue working through the rest of 2022. If Republicans retake the House in the midterm election, the inquiry would very likely end.What happens next in the Jan. 6 White House files case may turn on the inclinations of whichever three judges from the U.S. Court of Appeals for the District of Columbia Circuit are randomly assigned to the panel that will hear Mr. Trump’s appeal.Of the court’s 11 full-time judges, seven are Democratic appointees — including Judge Jackson, whom Mr. Biden elevated earlier this year — and four are Republican appointees, including three named by Mr. Trump. The circuit also has five “senior status” judges who are semiretired but sometimes get assigned to panels; four of those five are Republican appointees.If the D.C. Circuit declines, as Judge Chutkan did, to issue a preliminary injunction, Mr. Trump will presumably immediately appeal to the Supreme Court via its so-called shadow docket, by which the justices can swiftly decide emergency matters without full briefs and arguments.If a stay is granted at either level, the question would shift to whether the D.C. Circuit panel echoes Judge Chutkan’s decision to move quickly in light of the circumstances, or throttles back to the slower pace it tended to follow on such cases when Mr. Trump was president.Notably, in another Trump-era case, involving access to financial papers held by his accounting firm, Mazars USA, the Federal District Court judge assigned to that matter, Amit Mehta, was sensitive to the timing implications and took less than a month after the case was filed in April 2019 to hand down his opinion that Congress could get the records.But a D.C. Circuit panel took about five more months before reaching that same result — a nominal win for Congress — in October 2019. Mr. Trump then appealed to the Supreme Court, which waited until July 2020 to send the case back down to Judge Mehta to start the litigation over again using different standards.Separately, House Democrats have introduced legislation in response to the Trump presidency that would, among many other things, speed up lawsuits to enforce congressional subpoenas for executive branch information. Two people familiar with the matter said House Democratic leaders have indicated they plan to hold a floor vote on that bill before the end of 2021, though no date has been set; its prospects in the Senate are unclear.A related important difference in secrecy disputes between the Trump era and the Jan. 6 White House papers case is that when Mr. Trump was president, his administration controlled the executive branch files Congress wanted to see.Today, President Biden has refused to join Mr. Trump in invoking executive privilege, instead instructing the National Archives to give Congress the files unless a court orders otherwise. As a result, when it comes to government files, the default has flipped from secrecy to disclosure.During the phase of the lawsuit before Judge Chutkan, she signaled that she was averse to judicial delay. During arguments last week, she rejected a suggestion by a lawyer for Mr. Trump that she examine each document before deciding whether executive privilege applied.Representative Bennie Thompson, the chairman of the Jan. 6 committee, has said he wants the investigation to wrap up by “early spring.”Al Drago for The New York Times“I don’t see any language in the statute or any case that convinces me that where a previous president disagrees with the incumbent’s assertion of privilege, that the court is required to get involved and do a document-by-document review,” she said, adding:“Wouldn’t that always mean that the process of turning over these records, where the incumbent has no objection, would slow to a snail’s pace? And wouldn’t that be an intrusion by this branch into the executive and legislative branch functions?”Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

  • in

    Judge Rejects Trump’s Bid to Keep Papers Secret in Jan. 6 Inquiry

    But a Trump lawyer has signaled an intent to appeal the ruling, which raises novel issues about an ex-president’s executive privilege powers.WASHINGTON — A federal judge on Tuesday night rejected a bid by former President Donald J. Trump to keep secret papers about his actions and conversations leading up to and during the Jan. 6 attack on the Capitol by his supporters.In a 39-page ruling, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia held that Congress’s constitutional oversight powers to obtain the information prevailed over Mr. Trump’s residual secrecy powers — especially because the incumbent, President Biden, agreed that lawmakers investigating the Jan. 6 riot should see the files.Mr. Trump “does not acknowledge the deference owed to the incumbent president’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity,’” Judge Chutkan wrote. “But presidents are not kings, and plaintiff is not president.”Mr. Trump retained the right to assert that his records were privileged, she added, but Mr. Biden was not obliged to honor that assertion. The incumbent president, she said, is better situated to protect executive branch interests, and Mr. Trump “no longer remains subject to political checks against potential abuse of that power.”The ruling does not necessarily mean that the National Archives will turn over the materials to the House committee investigating Jan. 6 any time soon. The case raises novel issues about the scope and limits of a former president’s executive privilege authority, and it is likely that it will ultimately be resolved by the Supreme Court.In a posting on Twitter, Taylor Budowich, a spokesman for Mr. Trump, said the case was destined to be appealed. He said Mr. Trump was committed to defending the right of past presidents — as well as present and future ones — to assert executive privilege and “will be seeing this process through.”The Jan. 6 committee has demanded that the National Archives and Records Administration turn over detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.Mr. Trump — who pursued a strategy of stonewalling all congressional oversight subpoenas while in office, running out the clock on such efforts before the 2020 election — has instructed his former subordinates to defy subpoenas from the Jan. 6 committee and filed a lawsuit seeking to block the National Archives from turning over files from his White House.Last week, Judge Chutkan, a 2014 Obama appointee, had signaled skepticism about Mr. Trump’s legal arguments. Mr. Trump’s lawyer asserted that his residual executive privilege powers meant the courts should block Congress from subpoenaing the files, notwithstanding Mr. Biden’s decision not to assert executive privilege over them in light of the circumstances.Mr. Trump’s lawyer had argued that the public interest would be served by letting Mr. Trump keep the documents secret to preserve executive branch prerogatives. But Judge Chutkan wrote that his arguments did not “hold water” in light of Mr. Biden’s support for making them public and Congress’s need to investigate the attack without undue delays.Congress and the Biden administration, she noted, “contend that discovering and coming to terms with the causes underlying the Jan. 6 attack is a matter of unsurpassed public importance because such information relates to our core democratic institutions and the public’s confidence in them. The court agrees.”Earlier this week, Mr. Trump’s lawyer, Jesse R. Binnall, demonstrated an intent to keep going by asking Judge Chutkan to impose an emergency injunction on the National Archives barring it from turning over the records while he appealed the matter to the U.S. Court of Appeals for the District of Columbia Circuit.Understand the Supreme Court’s Momentous TermCard 1 of 5The Texas abortion law. More

  • in

    Trump Officials Illegally Campaigned While in Office, Watchdog Finds

    Mr. Trump’s son-in-law and his chief of staff are among those accused of violating a law designed to prevent federal employees from abusing their power.WASHINGTON — Thirteen of President Donald J. Trump’s most senior aides — including his son-in-law and his chief of staff — campaigned illegally for Mr. Trump’s re-election in violation of a law designed to prevent federal employees from abusing the power of their offices on behalf of candidates, a government watchdog agency said Tuesday.Henry Kerner, who heads the Office of Special Counsel, made the assertion in a withering report that followed a nearly yearlong investigation into “myriad” violations of the law, known as the Hatch Act.“Senior Trump administration officials chose to use their official authority not for the legitimate functions of the government, but to promote the re-election of President Trump in violation of the law,” the report concluded.Investigators in Mr. Kerner’s office said Trump administration officials purposely violated the law prohibiting political activity during the final few weeks of the administration, when they knew that the Office of Special Counsel would not have time to investigate and issue findings before Election Day.“The administration’s willful disregard for the law was especially pernicious considering the timing of when many of these violations took place,” the report said.Violations of the Hatch Act are not uncommon for any presidential administration. In October, Jen Psaki, the White House press secretary, apologized after an outside group accused her of violating the law by commenting in the White House press room on the pending governor’s race in Virginia.But the Kerner report describes something more rare: a concerted, willful effort to violate the law by the most senior officials in the White House. The Washington Post disclosed the report’s release earlier on Tuesday.The people accused of breaking the law are a who’s who of Trump officials: Secretary of Energy Dan Brouillette; Kellyanne Conway, counselor; Alyssa Farah, White House communications director; David Friedman, ambassador to Israel; Jared Kushner, senior adviser; Kayleigh McEnany, press secretary; Mark Meadows, chief of staff; Stephen Miller, senior adviser; Brian Morgenstern, deputy press secretary; Robert C. O’Brien, national security adviser; Marc Short, chief of staff to the vice president; Secretary of State Mike Pompeo; and Acting Secretary of Homeland Security Chad Wolf.The report said that Mr. Pompeo and Mr. Wolf violated the law through their actions during the Republican National Convention, which took place at the White House because of the pandemic.It said Mr. Pompeo campaigned illegally “by changing U.S. Department of State (State Department) policy to allow himself to speak at the convention and then, when engaging in political activity by delivering that speech, using his official authority by repeatedly referencing the work of the State Department.”Mr. Wolf “violated the Hatch Act by presiding over a naturalization ceremony that was orchestrated for the purpose of creating content for the convention,” the report said.The rest of the officials broke the law by overtly campaigning “during official interviews or media appearances.”“The administration’s attitude toward Hatch Act compliance was succinctly captured by then-Chief of Staff Mark Meadows, who said during an interview that ‘nobody outside of the Beltway really cares’ about Trump administration officials violating the Hatch Act,” the report said in its executive summary.Noah Bookbinder, the president of Citizens for Responsibility & Ethics in Washington, which filed complaints about the actions of Trump administration officials, on Tuesday praised the report from the Office of Special Counsel.“This report confirms that there was nothing less than a systematic co-opting of the powers of the federal government to keep Donald Trump in office,” Mr. Bookbinder said in a statement. “Senior Trump administration officials showed an open contempt for the law meant to protect the American people from the use of taxpayer resources and government power for partisan politics.”Mr. Bookbinder called on Congress to toughen the laws prohibiting political activity by federal employees.The Office of Special Counsel report notes that none of the people named will face any punishment for their violations because it is up to the incumbent president to discipline his top employees.“President Trump not only failed to do so, but he publicly defended an employee OSC found to have repeatedly violated the Hatch Act,” the report said. “This failure to impose discipline created the conditions for what appeared to be a taxpayer-funded campaign apparatus within the upper echelons of the executive branch.”Emails to several representatives of Mr. Trump were not answered. More

  • in

    Jan. 6 Panel Subpoenas Flynn and Eastman, Scrutinizing Election Plot

    The latest batch of subpoenas from the House select committee investigating the Capitol riot also includes officials from former President Donald J. Trump’s re-election campaign.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol issued new subpoenas on Monday for a half-dozen allies of former President Donald J. Trump, including his former national security adviser Michael T. Flynn, as it moved its focus to an orchestrated effort to overturn the 2020 election.The subpoenas reflect an effort to go beyond the events of the Capitol riot and delve deeper into what committee investigators believe gave rise to it: a concerted campaign by Mr. Trump and his network of advisers to promote false claims of voter fraud as a way to keep him in power. One of the people summoned on Monday was John Eastman, a lawyer who drafted a memo laying out how Mr. Trump could use the vice president and Congress to try to invalidate the election results.In demanding records and testimony from the six Trump allies, the House panel is widening its scrutiny of the mob attack to encompass the former president’s attempt to enlist his own government, state legislators around the country and Congress in his push to overturn the election.Mr. Flynn discussed seizing voting machines and invoking certain national security emergency powers after the election. Mr. Eastman wrote a memo to Mr. Trump suggesting that Vice President Mike Pence could reject electors from certain states during Congress’s count of Electoral College votes to deny Joseph R. Biden Jr. a majority. And Bernard Kerik, the former New York police commissioner who was also subpoenaed, participated in a planning meeting at the Willard Hotel in Washington on Jan. 5 after backing baseless litigation and “Stop the Steal” efforts around the country to push the lie of a stolen election.“In the days before the Jan. 6 attack, the former president’s closest allies and advisers drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes,” Representative Bennie Thompson, Democrat of Mississippi and the committee chairman, said in a statement. “The select committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot and who paid for it all.”The panel also issued subpoenas for Bill Stepien, Mr. Trump’s campaign manager, who supervised its conversion into a “Stop the Steal” operation; and Jason Miller, a senior adviser to the campaign who participated at the Jan. 5 meeting at the Willard, where associates discussed pressuring Mr. Pence not to certify the Electoral College results.Also included in the group that received subpoenas on Monday was Angela McCallum, the Trump campaign’s national executive assistant, who left a voice message for an unknown Michigan state representative in which she said she wanted to know whether the campaign could “count on” the representative to help appoint an alternate slate of electors.The subpoenas — which bring to 25 the number issued by the committee — require that the witnesses turn over documents this month and sit for depositions in early December. More than 150 witnesses have testified in closed-door sessions with the committee’s investigators.In a statement on Monday evening, Mr. Kerik said his lawyer had accepted the committee’s subpoena, but he defended his actions. He said that Rudolph W. Giuliani, Mr. Trump’s personal lawyer, had brought him into the legal effort to investigate claims of voter fraud, but he argued that he had nothing to do with plans to try to sway Congress.“I was not hired to overturn the will of the people — only to look into the integrity of the process and ensure that the results accurately reflected the will of the people,” Mr. Kerik said. “As to the events of Jan. 6, I was not involved.”Mr. Flynn, Mr. Eastman, Mr. Stepien, Mr. Miller and Ms. McCallum did not immediately respond to requests for comment..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The panel’s latest move indicates that it is zeroing in on how — in the days and weeks before a throng of Mr. Trump’s supporters stormed the Capitol and disrupted Congress’s counting of votes — the former president’s closest associates were planning an effort stretching from the Oval Office, the House and Senate to state officials across the country.Critical to that push, investigators believe, was the meeting the day before the riot at the Willard Hotel. The Washington Post reported that Mr. Kerik paid for rooms and suites in Washington hotels as he worked with Mr. Giuliani on “Stop the Steal” efforts.“They are really honing in on this strategy at the Willard Hotel,” said Barbara L. McQuade, a former U.S. attorney and a law professor at the University of Michigan. “If it’s a campaign war room, that’s one thing. But the question is: To what extent are they looking at blocking the certification of the election? The Eastman memo is a real smoking gun. It really appears to be a concerted effort here.”Even as the committee ramps up its inquiry, it is facing stonewalling from Mr. Trump and many of his allies, whom he has directed to defy the panel based on a claim of executive privilege.Mr. Trump has filed suit against the committee to keep secret at least 770 pages of documents concerning handwritten notes, draft speeches and executive orders, and records of his calls, meetings and emails with state officials. But the Biden administration has declined to support his claim to executive privilege, arguing that there is no such prerogative for documents related to an attempt to undermine democracy and the presidency itself.The Justice Department is weighing whether to charge Stephen K. Bannon with criminal contempt of Congress after the House voted last month to recommend his prosecution for defying its subpoena. Another witness, Jeffrey Clark, a former Justice Department official who was involved in frenzied efforts to overturn the election, refused to cooperate on Friday.Mr. Flynn, who spent 33 years as an Army intelligence officer, has emerged as one of the most extreme voices in Mr. Trump’s push to overturn the election.Mr. Flynn attended a meeting in the Oval Office on Dec. 18 in which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers and continuing to spread the false message that the 2020 election was tainted by widespread fraud, the committee said. That meeting came after Mr. Flynn gave an interview to the right-wing site Newsmax in which he talked about the purported precedent for deploying military troops and declaring martial law to “rerun” the election.Mr. Stepien helmed Mr. Trump’s re-election campaign, which urged state and party officials to affect the outcome of the election by asking states to delay or deny the certification of electoral votes and by sending multiple slates of the votes to Congress to allow a challenge to the results, the committee said. In particular, Mr. Stepien supervised a fund-raising effort that sought to profit off the election challenges and promote lies about voting machines that campaign staff had determined to be false, the committee said.Mr. Trump and the Republican Party raised $255.4 million in the eight weeks after the election as he promoted unfounded accusations of fraud.Mr. Eastman has been the subject of intense scrutiny in recent weeks after it was revealed that he wrote a memo to Mr. Trump suggesting that Mr. Pence could reject electors from certain states. Mr. Eastman is also reported to have participated in a briefing for nearly 300 state legislators, during which he told the group that it was their duty to “fix this, this egregious conduct, and make sure that we’re not putting in the White House some guy that didn’t get elected,” the committee said.He met with Mr. Trump and Mr. Pence to push his arguments, participated in the meeting at the Willard and spoke at the “Stop the Steal” rally on the Ellipse on Jan. 6, before the Capitol assault. As violence broke out, he sent a message blaming Mr. Pence for not going along with his plan. More

  • in

    A Way Forward for Biden and the Democrats in 2022 and 2024

    Swing voters in two blue-leaning states just sent a resounding wake-up call to the Biden administration: If Democrats remain on their current course and keep coddling and catering to progressives, they could lose as many as 50 seats and control of the House in the 2022 midterm elections. There is a way forward now for President Biden and the Democratic Party: Friday’s passage of the bipartisan physical infrastructure bill is a first step, but only a broader course correction to the center will give Democrats a fighting chance in 2022 and to hold on to the presidency in 2024.The history of the 2020 election is undisputed: Joe Biden was nominated for president because he was the moderate alternative to Bernie Sanders and then elected president as the antidote to the division engendered by Donald J. Trump. He got off to a good start, especially meeting the early challenge of Covid-19 vaccine distribution. But polling on key issues show that voters have been turning against the Biden administration, and rejecting its embrace of parts of the Bernie Sanders/Alexandria Ocasio-Cortez playbook.According to our October Harvard CAPS/Harris Poll, only 35 percent of registered voters approve of the administration’s immigration policies (which a majority view as an open-borders approach); 64 percent oppose eliminating cash bail (a progressive proposal the administration has backed); and most reject even popular expansions of entitlements if they are bundled in a $1.5 to $2 trillion bill based on higher taxes and deficits (the pending Build Back Better initiative). Nearly nine in 10 voters express concern about inflation. And 61 percent of voters blame the Biden administration for the increase in gasoline prices, with most also preferring to maintain energy independence over reducing carbon emissions right now.Progressives might be able to win the arguments for an all-out commitment to climate change and popular entitlements — but they haven’t because they’ve allowed themselves to be drawn into a debate about the size of Build Back Better, not its content. Moderate Democrats have always favored expanded entitlements, but only if they meet the tests of fiscal responsibility — and most voters don’t believe Build Back Better does so, even though the president has promised it would be fully paid for. Putting restraints on these entitlements so that they don’t lead to government that is too big, and to ballooning deficits, is at the core of the moderate pushback on the bill that has caused a schism in the party.Senator Joe Manchin and Senator Kyrsten Sinema are not outliers in the Democratic Party — they are in fact the very heart of the Democratic Party, given that 53 percent of Democrats classify themselves as moderates or conservative. While Democrats support the Build Back Better initiative, 60 percent of Democrats (and 65 percent of the country) support the efforts of these moderates to rein it in. It’s Mr. Sanders from Vermont and Ms. Ocasio-Cortez from New York who represent areas ideologically far from the mainstream of America.The economy and jobs are now the top national issues, and 57 percent see it on the wrong track, up from 42 percent a few months ago, generating new basic kitchen-table worries. After the economy and jobs, the coronavirus, immigration and health care are the next top issues, but Afghanistan, crime, school choice and education are also serious areas of concern for voters.To understand the urgency for future Democratic candidates, it’s important to be cleareyed about those election results. Some progressives and other Democrats argue that the loss in the Virginia governor’s race, where culture war issues were a factor, should not be extrapolated to generalize about the administration. The problem with that argument is that last week’s governor’s race in New Jersey also showed a double-digit percentage point swing toward Republicans — and in that election, taxes mattered far more than cultural issues. The swing is in line with the drop in President Biden’s approval rating and the broader shift in the mood of the country.Terry McAuliffe, the Democratic nominee in Virginia, ran for governor in 2013 and won by offering himself as a relative moderate. This time, he deliberately nationalized his campaign by bringing in President Biden, Vice President Kamala Harris and former President Barack Obama, and he closed out the race with the head of the teacher’s union, an icon on the left. He may not have brought in the progressive Squad, but he did hug a range of left-of-center Democratic politicians rather than push off the left and try to win swing voters.It’s hard to imagine Democratic candidates further to the left of Mr. McAuliffe, and of Gov. Phil Murphy of New Jersey, doing any better with swing voters, especially when the math of elections requires two new voters to turn out to equal a single voter who switches from Democrat to Republican. It’s easy to dismiss individual polls that may or may not be accurate — but you can’t dismiss a clear electoral trend: the flight from the Democrats was disproportionately in the suburbs, and the idea that these home-owning, child-rearing, taxpaying voters just want more progressive candidates is not a sustainable one.After the 1994 congressional elections, Bill Clinton reoriented his administration to the center and saved his presidency. Mr. Biden should follow his lead, listen to centrists, push back on the left and reorient his policies to address the mounting economic issues people are facing. As a senator, he was a master at building coalitions; that is the leadership needed now.This would mean meeting the voters head on with stronger borders, a slower transition from fossil fuels, a focus on bread-and-butter economic issues (such as the price of gas and groceries), fixes to the supply chain fiasco that is impacting the cost of goods and the pursuit of more moderate social spending bills. Nearly three in four voters see the border as a crisis that needs immediate attention. Moving to the center does not mean budging from core social issues like abortion rights and L.G.B.T.Q. rights that are at the heart of what the party believes in and are largely in sync with suburban voters. But it does mean connecting to voters’ immediate needs and anxieties. As Democrats found in the late ’90s, the success of the administration begets enthusiasm from the base, and we actually gained seats in the 1998 midterms under the theme of “progress not partisanship.”Mr. Biden’s ratings since the Afghanistan withdrawal have fallen from nearly 60 percent approval to just above 40 percent in most polls. By getting the physical infrastructure bill passed with Republican votes, Mr. Biden has taken a crucial step to the center (79 percent of Democrats and 57 percent of Republicans supported it in the Harris Poll). Follow that infrastructure success by digging into the pending congressional budget office analysis of Build Back Better and then look closely at bringing in more of the popular benefits for people (such as expansion of Medicare benefits for dental and vision and family leave) and cutting out some of the interest group giveaways like creating environmental justice warriors.Of course, this may require some Houdini-like leadership to get votes from the Progressive Caucus for a revised Build Back Better bill. But this is the best strategy to protect Democratic candidates in 2022.Yelling “Trump, Trump, Trump” when Mr. Trump is not on the ballot or in office is no longer a viable campaign strategy. Soccer moms, who largely despised Mr. Trump, want a better education for their kids and safer streets; they don’t see the ghost of Trump or Jan. 6 behind Republican candidates like now Gov.-elect Glenn Youngkin of Virginia. Remember that only about one quarter of the country classifies itself as liberal, and while that is about half of the Democratic Party, the rest of the electorate nationally is moderate or conservative. While many rural and working-class voters are staying Republican, the message from last Tuesday is that the Democrats have gone too far to the left on key issues for educated suburban voters. Even Bergen County in New Jersey, a socially liberal bedroom community outside New York City, almost swung into the Republican column.While Mr. Youngkin waded directly into racially divisive issues, he also based his campaign on positive messages of striving for excellence in the schools and for re-establishing the American dream as a worthy goal. Those messages tapped into the aspirations of voters in ways that in the past were at the heart of the Democratic message. These are enduring values, as is reaffirming the First Amendment and the power of free speech.Demographics is not destiny. We live in a 40-40-20 country in which 40 percent are hard-wired to either party and 20 percent are swing voters, primarily located in the suburbs. After losing a game-changing slice of Midwestern working-class voters, who had voted for Mr. Obama, over trade, immigration and cultural policies, Democrats were steadily gaining in the suburbs, expanding their leads in places like New Jersey and Virginia. Without voters in these places, the party will be left with only too small of a base of urban voters and coastal elites. Unless it re-centers itself, the risk is that the Democratic Party, like the Labor Party in Britain, will follow its greatest success with an extended period in the desert.Mark Penn served as adviser and pollster to President Clinton and Senator Hillary Clinton from 1996 to 2008. Andrew Stein is a former president of the New York City Council.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

  • in

    Republicans, Basking in Tuesday’s Victories, Diverge on What Comes Next

    Looming over a gathering of Jewish conservatives in Las Vegas were questions about whether former President Donald J. Trump should remain the face of the party.LAS VEGAS — Two strikingly divergent visions of Republican political strength played out over the weekend at a conference of Jewish conservatives, the first major gathering of G.O.P. leaders since the party’s sweeping success in Tuesday’s elections. There were displays of blustery confidence. And there were calls for caution and restraint as party leaders tried to process their drastic gains.Looming over it all, and mostly addressed gingerly, was the uncertainty about whether Republicans could replicate their decisive gains with suburban voters, especially women, if former President Donald J. Trump remained the face of the party.Although a majority of the speakers at the annual conference of the Republican Jewish Coalition were effusive with their praise of the former president and spent much of the two-day gathering citing his administration’s most conservative policy achievements, others warned that Republicans who continued to give cover to his baseless claims about fraud in the 2020 election were jeopardizing the party’s recent success.The most notable Trump skeptic was former Gov. Chris Christie of New Jersey, who urged Republicans to promote a “plan for tomorrow, not a grievance about yesterday,” and said that the party would be making a grave mistake if it did not recommit itself to truth-telling.“Winning campaigns are always the campaigns that look forward, not backwards,” Mr. Christie said, earning only a smattering of applause from the crowd. Noting the less-than-enthusiastic response, Mr. Christie implored the audience: “That deserves applause. Because if we don’t get it, we are going to lose.”The 2020 election, Mr. Christie said, “is over.”The most notable Trump skeptic was former Gov. Chris Christie of New Jersey, who urged Republicans to promote a “plan for tomorrow, not a grievance about yesterday.” Caroline Brehman/EPA, via ShutterstockBut that was not the message delivered by most other speakers — a group that included more than a half dozen of the current and former governors and senators who are considered possible presidential contenders and leaders-in-waiting whenever Mr. Trump recedes from the spotlight.They offered much different interpretations of the results on Election Day last week, which delivered wins for Republicans in Democratic strongholds up and down the ballot — from Virginia, where they won the governor’s race for the first time since 2009, to Washington State, where a candidate running on a message of law and order prevailed in the contest for city attorney in Seattle. Republicans also picked up seats in municipal races across New York City and Long Island and came close to pulling off a colossal upset in the governor’s race in New Jersey.“The trend is unmistakable,” said Representative Kevin McCarthy, the House Republican leader who hopes to lead his party back into the majority next year. “A Republican wave is underway.”A year into the Biden administration, polling data, history and Tuesday’s results indicate the political climate has become highly unfavorable to Democrats, who have proved that they can beat Mr. Trump but have not convinced enough Americans that they can govern effectively.The election results last week only boosted the optimism of Republicans who already believed they were likely to win the small number of seats they needed to win control of the House next year and were in a strong position to win a majority in the Senate as well.That confidence was irrepressible at their gathering in Las Vegas this weekend, as Republicans predicted not only big gains in the 2022 midterm elections, but in 2024 as well.Senator Ted Cruz of Texas said the results last week foreshadowed a victory in the House and the Senate. He also praised the “extraordinary courage” and “steel backbone” that Mr. Trump displayed as president.Mr. Cruz giddily described the despondency he said he witnessed among his Democratic colleagues on Capitol Hill over the election last week and vowed that the 2022 midterms would bring about the day when “Nancy’s going to get on her broom” and “fly back to California.” That remark, referring to the first woman to hold the position of speaker of the House, Nancy Pelosi, drew a round of hearty laughter from the audience.Speaking with reporters after his speech on Friday night, Mr. Cruz pointed to how suburban mothers were “coming home to the Republican Party” as a hopeful sign of the party’s fortunes. “I think there are a lot of people across this country, including some soccer moms in Virginia who may have voted for Joe Biden, and looked at this past year and were horrified.”But he twice declined to say whether the G.O.P. could again expect similar results if Mr. Trump — who repelled suburban men and women in such high numbers in 2020 that it cost him several swing states — resumed his role as his party’s standard-bearer.Still, like many other top Republicans who have offered their analysis of the country’s suddenly jolted political landscape, Mr. Cruz indicated that he believed the poor public perceptions of President Biden and the Democratic Party were enough to guarantee Republican success.Ron DeSantis talked up his work as governor of Florida putting into effect policies that borrow from former President Donald Trump’s agenda.Caroline Brehman/EPA, via ShutterstockGov. Ron DeSantis of Florida, who is frequently mentioned as a top contender for the Republican 2024 presidential nomination should Mr. Trump decide not to run, thundered against what he called a “Fauchian dystopia,” a reference to the government’s leading infectious disease expert, Dr. Anthony Fauci, who is a proponent of the kinds of public health mandates and restrictions on everyday activity that many Republicans have opposed.Trump’s Bid to Subvert the ElectionCard 1 of 6A monthslong campaign. More

  • in

    F.B.I. Searches James O’Keefe’s Home in Ashley Biden Diary Theft Inquiry

    Authorities carried out a court-ordered search at the New York apartment of the Project Veritas founder two days after searching the homes of his associates.Federal authorities on Saturday searched the home of James O’Keefe, the founder of the conservative group Project Veritas, according to witnesses and people briefed on the matter, a day after Mr. O’Keefe acknowledged that the group was under investigation by the Justice Department in connection with a diary reported to have been stolen from Ashley Biden, President Biden’s daughter.The F.B.I. carried out a court-ordered search of Mr. O’Keefe’s apartment in Mamaroneck, N.Y., early on Saturday morning, after having searched the homes of two associates of Mr. O’Keefe on Thursday as part of the investigation.An F.B.I. spokesman on Saturday said that agents had “performed law enforcement activity” at the building, but would not discuss the investigation.Mr. O’Keefe did not immediately respond to a request for comment on Saturday. But in a video statement on Friday, he said that his group had recently received a grand jury subpoena and acknowledged that Project Veritas had been involved in discussions with sources last year about the diary.Jimmy Maynes, who lives next to Mr. O’Keefe at an apartment complex in Mamaroneck, said a handful of F.B.I. agents arrived early Saturday morning.“They asked for James,” Mr. Mayne, an entertainment manager, said. “I thought they were banging on my door. I opened the door.”“They told me to close the door and I closed the door,” he added. “That’s exactly what happened. It was still dark.”Brent Mickol, a teacher who lives across the hall from Mr. O’Keefe, said it was about 6 a.m. when agents arrived. Mr. Mickol said the agents said “something along the lines of ‘F.B.I. Warrant. Open up.’”“I ran to the door and looked out the peep hole and clearly saw an F.B.I. raid,” he said. “You saw the jackets. Literally, it was just out of a movie.”Mr. Maynes and Mr. Mickol said the F.B.I. agents were at the apartment for several hours.In his video statement on Friday, Mr. O’Keefe offered a lengthy defense of his group’s handling of the diary, saying that he and his colleagues had been operating as ethical journalists, had turned the diary over to the law enforcement authorities last year and had sought to return it to a lawyer for Ms. Biden.“It appears the Southern District of New York now has journalists in their sights for the supposed crime of doing their jobs lawfully and honestly,” Mr. O’Keefe said in the video statement. “Our efforts were the stuff of responsible, ethical journalism and we are in no doubt that Project Veritas acted properly at each and every step.”Project Veritas did not publish Ms. Biden’s diary, but dozens of handwritten pages from it were posted on a right-wing website last year a week and a half before Election Day, at a time when President Donald J. Trump was seeking to undermine Mr. Biden’s credibility by portraying his son Hunter as engaging in corrupt business dealings. The posting was largely ignored by other conservative outlets and the mainstream media.The website said it had obtained the diary from a whistle-blower who worked for a media organization that refused to publish a story about it before the election. It claimed to know where the actual diary was located and that the whistle-blower had an audio recording of Ms. Biden admitting it was hers.Ms. Biden, 40, is Mr. Biden’s youngest child. She has maintained a low profile and attracted far less attention than Hunter Biden, her half brother.The Trump administration’s Justice Department, then led by Attorney General William P. Barr, opened an investigation into the matter shortly after a representative of the Biden family reported to federal authorities in October 2020 that several of Ms. Biden’s personal items had been stolen in a burglary, according to two people briefed on the matter.Mr. O’Keefe said in the video that “tipsters” had reached out to Project Veritas in 2020 to alert them to the existence of the diary, saying that they had stayed in a room that Ms. Biden had recently been in. But Mr. O’Keefe said that his group could not authenticate the diary and made an “ethical” decision to not publish it.He said that Project Veritas gave the diary to “law enforcement” and attempted to return it to a lawyer representing Ms. Biden, who he said “refused to authenticate it.” Mr. O’Keefe portrayed the investigation as politically motivated, questioning why the Justice Department under Ms. Biden’s father was pursuing the case.In recent weeks, federal investigators have reached out to at least one person who worked for Project Veritas to question that person about the diary, one of the people briefed on the case said.On Thursday, federal authorities searched the residence in Manhattan of Spencer Meads, a longtime Project Veritas operative and confidant of Mr. O’Keefe, and an apartment in Mamaroneck linked to another O’Keefe associate.Project Veritas has a history of targeting Democratic congressional campaigns, labor groups, news media organizations and others. The group conducts sting operations using hidden cameras and fake identities. At one point, Project Veritas relied on a former British spy named Richard Seddon to help train its operatives, teaching them espionage tactics such as using deception to secure information from potential targets.Flyover Media, the company that owns the website that published the pages from the diary, is registered to the same Sheridan, Wyo., address as Mr. Seddon’s company, Branch Six Consulting International. Mr. O’Keefe, the founder of Project Veritas, was once the president of a company that later registered at the same address. More