Presidential Election of 2020

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      Harassed and Harangued, Poll Workers Now Have a New Form of Defense

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      Threatened by extremists and under fire by politicians, election workers now have their own legal defense network. It’s a perk they never expected to need.WASHINGTON — It is perhaps a metaphor for the times that even the volunteer who checked you into the polls in November now has a legal defense committee.The Election Official Legal Defense Network, which made its public debut on Sept. 7, offers to represent more than just poll workers, of course. Formed to counter the waves of political pressure and public bullying that election workers have faced in the last year, the organization pledges free legal services to anyone involved in the voting process, from secretaries of state to local election officials and volunteers.The group already has received inquiries from several election officials, said David J. Becker, the executive director of the nonprofit Center for Election Innovation and Research, which oversees the project. Without getting into details, Mr. Becker said their queries were “related to issues like harassment and intimidation.”The network is the creation of two powerhouses in Republican and Democratic legal circles, Benjamin L. Ginsberg and Bob Bauer. In a Washington Post opinion piece this month, the two — Mr. Ginsberg was a premier G.O.P. lawyer for 38 years and Mr. Bauer was both a Democratic Party lawyer and White House counsel in the Obama administration — wrote that such attacks on people “overseeing the counting and casting of ballots on an independent, nonpartisan basis are destructive to our democracy.”“If such attacks go unaddressed, our system of self-governance will suffer long-term damage,” they said.Mr. Ginsberg, who has broken with his party and become a scathing critic of former President Donald J. Trump’s false claims the 2020 election was stolen from him, and Mr. Bauer are themselves election experts. The two men together chaired the Presidential Commission on Election Administration established by former President Barack Obama in 2013, which called — with limited success — for moderniziing election procedures and equipment to make voting easier and more secure.In an interview, Mr. Bauer said he and Mr. Ginsberg were recruiting lawyers for the Legal Defense Network, hoping to build out an organization “so in any state where this happens, we’re in a position to provide election officials who are under siege with legal support.” Dozens already have signed on to the effort, with many more anticipated to join them soon, Mr. Becker said.The center is nonpartisan, offering to represent election workers of any political bent, whether they work in a red district or a blue one. But as the announcement by Mr. Ginsburg and Mr. Bauer implicitly noted, the problems confronting election workers ballooned only after the 2020 general election, and have come almost entirely from conservative supporters of Mr. Trump and legislators in Republican-controlled states.One third of election workers say they feel unsafe in their jobs, according to a survey released this summer by the Bipartisan Policy Center and the Brennan Center for Justice at New York University. In Colorado, Arizona, Michigan, Georgia and other states, ardent believers in Mr. Trump’s stolen-election lies have threatened state and local election officials and their families with violence and even death. Some election workers have gone into hiding or sought police protection.Republican-controlled state legislatures have responded to fraud claims by taking control of some aspects of election administration and by making election workers subject to fines or even imprisonment for rules violations.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. More

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      Bob Woodward Extends His Trump Chronicles With the Chaotic Transfer of Power

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      The titles of Bob Woodward’s three books about the Trump administration — “Fear,” “Rage” and now “Peril” — are appropriately blunt. The books, about the staccato stream of events that accompanied Donald Trump’s time in office, are written at a mostly staccato clip.The frantic pace is redoubled in “Peril,” written with Robert Costa, Woodward’s colleague at The Washington Post. Broken up into 72 short chapters, it hurtles through the past two years of dizzying news. But while it covers the 2020 campaign season and the course of the pandemic and the protests after George Floyd’s murder and the opening months of Joseph Biden’s presidency, the book’s centerpiece is the riot at the Capitol on Jan. 6, and its primary concern is how President Trump behaved in the lead-up to and the aftermath of that crisis.Books in this genre like to make news, and this one doesn’t waste any time. Its opening pages recount how last October and again in January, after the riot, Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff, had secret conversations with his Chinese counterparts to assure them that the United States was “100 percent steady,” despite what they might be seeing and hearing. “Everything’s fine,” he told them, “but democracy can be sloppy sometimes.”The Chinese were concerned that Trump might lash out on a global scale in a desperate attempt to secure his power. Milley went over the process for nuclear strikes and other acts of war with his colleagues, to make sure nothing was instigated without his awareness. He was, Woodward and Costa write, “overseeing the mobilization of America’s national security state without the knowledge of the American people or the rest of the world.”The authors then go back to begin charting the path to the extraordinary events of Jan. 6, alternating between Republicans’ attempts to corral Trump’s most outlandish behavior and scenes of Biden weighing whether to enter the 2020 race.The day after the election, speaking to Kellyanne Conway, Trump “seemed ready, at least privately, to acknowledge defeat.”Enter Rudy Giuliani.The former New York mayor becomes a more prominent player here than in the previous books. (One especially brutal set of consecutive entries for him in the index reads: “hair dye incident,” “hospitalized with coronavirus.”)Bob Woodward, the co-author of “Peril.”Lisa BergIn “Fear,” Woodward had noted that Giuliani was the only Trump campaigner to appear on a prominent Sunday morning talk show to support his candidate the week that the notorious “Access Hollywood” tape was leaked. He actually went on five shows, a rare feat. At the end, Woodward wrote, he was “exhausted, practically bled out,” but had “proved his devotion and friendship.” His reward? “Rudy, you’re a baby!” Trump reportedly yelled at him in front of staffers on a plane later that day. “I’ve never seen a worse defense of me in my life. They took your diaper off right there. You’re like a little baby that needed to be changed. When are you going to be a man?”It will be left to psychologists, not historians, to write the definitive account of why Giuliani remained so steadfast to the president, but in “Peril” he’s portrayed as the prime force behind Trump’s refusal to let the election go.“I have eight affidavits,” Giuliani said in a room of friends and campaign officials three days after the election, hinting at the scope of the alleged voting fraud. Later the same day, in front of Trump and others: “I have 27 affidavits!” And yet again the same day, he urged Trump to put him in charge. “I have 80 affidavits.”Woodward and Costa have Trump telling advisers that, yes, Giuliani is “crazy,” but “none of the sane lawyers can represent me because they’ve been pressured.”Lee Holmes, chief counsel for the Trump supporter Senator Lindsey Graham, is portrayed in “Peril” as “astonished at the overreach” of fraud claims by Giuliani and others. Holmes wrote to Graham that the data behind the claims were “a concoction, with a bullying tone and eighth-grade writing.” (Graham disagreed. “Third grade,” he said.)The note about this book’s sources is nearly identical to the notes in the previous two books. The authors interviewed more than 200 firsthand participants and witnesses, though none are named. Quotation marks are apparently used around words they’re more sure of, but there’s a seemingly arbitrary pattern to the way those marks are used and not used even within the same brief conversations.And as usual, though the sources aren’t named, some people get the type of soft-glow light that suggests they were especially useful to the authors. In this book, much of that light falls on Milley and William P. Barr, Trump’s attorney general from November 2018 to December 2020.It was reported when Barr resigned that his relationship with Trump had soured because Barr wouldn’t indulge the president’s belief in election fraud. In “Peril,” that resistance gets fleshed out with some long and pointed speeches suspiciously recalled verbatim. “Your team is a bunch of clowns,” goes part of one of Barr’s confrontations. “They are unconscionable in the firmness and detail they present as if it is unquestionable fact. It is not.”Robert Costa, the co-author of “Peril.”Lisa BergMilley looks admirable and conscientious if you believe — as Woodward and Costa seem to — that someone needed to surreptitiously work to counteract Trump’s destabilizing effects during the transition of power. (Milley, who remains the chairman of the Joint Chiefs of Staff under President Biden, has unsurprisingly taken fire from the right over his reported disloyalty to Trump. Biden has publicly expressed confidence in Milley since the book’s revelations emerged.)In addition to Milley’s actions, the book has gotten attention for a scene in which — read this next part slowly — the former Vice President Dan Quayle talks sense into Pence. Trump had suggested to Pence that he had the power to essentially rejigger the electoral outcome as head of the Senate, an idea that Quayle told Pence was “preposterous and dangerous.” Woodward and Costa write, in a rare bit of deadpan: “Pence finally agreed acting to overturn the election would be antithetical to his traditional view of conservatism.”Trump tweeted about the election ballots on the morning they were to be certified: “All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage!” “Extreme courage” is not the first phrase one reaches for to describe Pence after reading “Peril.”The vice president talked halfheartedly about election problems in public to stay on Trump’s good side “without going full Giuliani,” Woodward and Costa write. As the certification approached, he asked many lawyers to consider his options. It doesn’t seem he wanted them to empower him as much as he wanted to simply avoid a confrontation with Trump.On his way to the Capitol on Jan. 6, Pence released a letter saying that he did not have the “unilateral authority” to decide which electoral votes got counted. His reward? About an hour later, protesters inside the Capitol chanted for him to be hanged.When Trump fired Defense Secretary Mark T. Esper less than a week after the election, Milley saw it, Woodward and Costa write, as part of a “mindless march into more and more disorder.”The unfortunate truth is that disorder is dramatic. In the wake of the riot, “Peril” loses force. A protracted recounting of security efforts leading up to Biden’s inauguration feels considerably less urgent after the fact. Even more fatally for the book’s momentum, Woodward and Costa devote 20 pages — a lifetime by their pacing standards — to behind-the-scenes negotiations for President Biden’s $1.9 trillion stimulus package. This involves a lot of back and forth with Joe Manchin, the senator from West Virginia whose crucial vote was considered uncertain. Sources may have given Woodward and Costa every detail of these negotiations, but the authors weren’t obligated to use every last one.The book mounts a final rally, helped by circumstance. In light of recent events, a late section closely recounting Biden’s decision to end the American war in Afghanistan is plenty absorbing. The authors recount Biden’s resistance to the war when he was vice president under Obama: He felt that the addition of 30,000 troops was, Woodward and Costa write, “a tragic power play executed by national security leaders at the expense of a young president.” Biden was long insistent that the point of American engagement in the country was to diminish the threat of Al Qaeda and not to crush the Taliban. He held to his strategy despite advisers who presented him with a “stunning list of possible human disaster and political consequences.”As “Peril” nears its close, the Delta variant is muddying the pandemic picture, and that’s not the only detail that makes it read like a cliffhanger. “Trump was not dormant,” the authors write. He was staging rallies for supporters, and getting good news about his place in very early polls for 2024. Like an installment of a deathless Marvel franchise, for all its spectacle “Peril” ends with a dismaying sense of prologue. More

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      Don’t Let Trump Steal the Show With ‘Stop the Steal’

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      You cannot actually debunk Republican accusations of voter fraud. You can show they aren’t true (and they aren’t), but that has no bearing on the belief itself.“Voter fraud” is not a factual claim subject to testing and objective analysis as much as it’s a statement of ideology, a belief about the way the world works. In practice, to accuse Democrats of voter fraud is to say that Democratic voters are not legitimate political actors; that their votes do not count the same as those of “the people” (that is, the Republican electorate); and that Democratic officials, elected with those illegitimate votes, have no rightful claim to power.In a sense, one should take accusations of voter fraud seriously but not literally, as apologists for Donald Trump once said of the former president. These accusations, the more florid the better, tell the audience that the speaker is aligned with Trump and that he or she supported his attempt to subvert the 2020 presidential election. They also tell the audience that the speaker will do anything necessary to “stop the steal,” which is to say anything to stop a Republican from losing an election and, barring that, anything to delegitimize the Democrat who won.In the last days of the California recall election that ended this week, for example, the leading Republican candidate, Larry Elder, urged his supporters to report fraud using a website that claimed to have “detected fraud” in the results. “Statistical analyses used to detect fraud in elections held in 3rd-world nations (such as Russia, Venezuela, and Iran) have detected fraud in California resulting in Governor Gavin Newsom being reinstated as governor,” the site read. Elder himself told Fox News that the 2020 election was “full of shenanigans.”“My fear is they’re going to try that in this election right here,” he said.Never mind that the results had not yet come in at the time Elder promoted this website, or that he was a long shot to begin with. The last Republican to win statewide high office in California was Arnold Schwarzenegger in 2006, when he ran successfully for re-election after winning the 2003 recall vote against the Democrat Gray Davis. Newsom, a Democrat, won his 2018 race for governor by nearly 24 points. Elder was not doomed to lose, but the idea that the election was rigged — that he was robbed of victory by mass cheating and fraud — was ridiculous. But again, the point of voter fraud accusations isn’t to describe reality; the point is to express a belief, in this case, the belief that Newsom and his supporters are illegitimate.There are other candidates running for office making similar claims. Adam Laxalt, the leading candidate for the Republican nomination in Nevada’s U.S. Senate race, has promised to “file lawsuits early” in order to “tighten up the election.” Laxalt co-chaired Trump’s 2020 campaign in the state and supported the effort to overturn the results. “There’s no question that, unfortunately, a lot of the lawsuits and a lot of the attention spent on Election Day operations just came too late,” he said in a recent interview.Trump endorsed Laxalt this summer, praising his commitment to the voter fraud narrative. “He fought valiantly against the Election Fraud, which took place in Nevada,” said Trump in a statement. “He is strong on Secure Borders and defending America against the Radical Left. Adam has my Complete and Total Endorsement!”This isn’t just rhetoric either. The ideological belief in voter fraud is driving actual efforts to delegitimize Democratic Party victories and tilt the electoral playing field in favor of Republican candidates. In Florida, for instance, a member of the state House of Representatives introduced a draft bill that would require an Arizona-style election audit in the state’s largest (and most heavily Democratic) counties.In Georgia, a Trump-backed candidate for secretary of state, Jody Hice, is running on a promise to do what the incumbent Brad Raffensperger wouldn’t: subvert the election for Trump’s benefit should the former president make another bid for the White House. “If elected, I will instill confidence in our election process by upholding the Georgia Constitution, enforcing meaningful reform and aggressively pursuing those who commit voter fraud,” Hice said in a statement announcing his candidacy in March. As a congressman, he voted against certifying the 2020 election in January and, the following month, told a group of conservative activists, “What happened this past election was solely because of a horrible secretary of state and horrible decisions that he made.”There is also the question of Republican voters themselves. According to a Monmouth University poll taken in June, nearly one-third of Americans believe that Joe Biden’s victory was the result of fraud, including 63 percent of Republicans. If Republican politicians keep pushing the voter fraud narrative, it is as much because Republican voters want to hear it as it is because those politicians are themselves true believers.If this voter fraud ideology were just a matter of bad information, it would be straightforward (if not exactly easy) to fix. But as the legal scholar Ned Foley has argued, the assertion of fraud — the falsification of reality in support of narrow political goals — is more akin to McCarthyism. It cannot be reasoned with, only defeated.The problem is that to break the hold of this ideology on Republican voters, you need Republican politicians to lead the charge. A Margaret Chase Smith, for example. But as long as Trump controls the party faithful — as long as he is, essentially, the center of a cult of personality — those voices, if they even exist, won’t say in public what they almost certainly say behind closed doors.It is up to Democrats, then, to at least safety-proof our electoral system against another attempt to “stop the steal.” The Senate filibuster makes that a long shot as well, even as centrist Democrats like Joe Manchin insist that there’s a compromise to strike with Republicans. Let’s hope he’s right because at this stage of the game, it is the only move left to play.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Debunking the Pro-Trump Right’s Claims About the Jan. 6 Riot

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      A rally scheduled for Saturday in Washington is intended to continue a Republican effort to rewrite the narrative of the assault on the Capitol. The facts undercut their assertions.In the eight months since a pro-Trump mob stormed the Capitol, some Republicans have tried to build a case — belied by the facts — that the vast federal investigation of the riot has been essentially unfair, its targets the victims of political persecution.The people charged in the Jan. 6 attack are “being persecuted so unfairly,” former President Donald J. Trump said in a statement on Thursday.That sentiment is the organizing principle behind the rally scheduled in Washington on Saturday, billed as “Justice for J6.” According to the permit application submitted by the organizers, a group called Look Ahead America, the event is meant to “bring awareness and attention to the unjust and unethical treatment of nonviolent Jan. 6 political prisoners.”The rally is the latest effort in the right’s continuing attempt to rewrite the history of the mob attack on Congress, which prosecutors say led to as many as 1,000 assaults against the police and sought to disrupt certification of President Biden’s victory in the 2020 election.Here is what the facts say about assertions from those seeking to promote a false narrative about Jan. 6.The rioters weren’t just tourists who now face excessive criminal charges.One of the first claims that pro-Trump conservatives made about Jan. 6 was that the rioters were little more than tourists and that those arrested were victims of prosecutorial overreach. Representative Andrew Clyde, Republican of Georgia, described the scene at the Capitol that day as “a normal tourist visit,” implying that hundreds of people taken into custody were facing excessive charges.But, in fact, nearly half of the more than 600 people charged have been accused only of misdemeanors like trespassing and disorderly conduct, rather than more serious felonies.At this point, more than 50 of these low-level defendants have pleaded guilty. All of them will serve prison terms of six months or less, or no time at all — fairly modest sentences for the federal penal system. But even when the authorities have agreed to lenient penalties, they have still insisted that no one who broke into the Capitol is innocent.“A riot cannot occur without rioters,” prosecutors wrote in a recent memo proposing no jail time for Valerie Ehrke, a California woman who only spent one minute in the building. “And rioter’s actions — from the most mundane to the most violent — contributed, directly and indirectly, to the violence and destruction of that day.”The government hasn’t widely detained nonviolent protesters.At an event last month hosted by Republican officials in his home state of North Carolina, Representative Madison Cawthorn repeated an oft-heard myth. He complained that hundreds of people taken into custody after Jan. 6 were “political hostages.”The truth is that about 15 percent of those arrested so far in connection with the riot have been denied bail and remain in pretrial custody — much lower than the overall federal pretrial detention rate of 75 percent. Moreover, all of those being detained on charges related to Jan. 6 are facing serious charges like assault or obstruction of Congress; none have been accused of only misdemeanors.Far from jailing everyone, in fact, judges have granted bail to numerous defendants accused of violent attacks on the police or of belonging to extremist groups like the Proud Boys or the Oath Keepers militia.There are a handful of cases in which people have been denied bail without having engaged in physical violence, but those are the exceptions to the rule.This week, a lawyer for Ethan Nordean, a leader of the Proud Boys, complained in court that his client has been in jail for months not because of anything he personally did on Jan. 6, but rather because he is a member of a reviled political organization.Judge Timothy J. Kelly, who was appointed to the federal bench by Mr. Trump, responded that the law alone was guiding Mr. Nordean’s case.“Politics has nothing to do with it,” Judge Kelly said. “Not one whit.”Capitol Police officers preparing riot equipment at the Capitol before the rally on Saturday.T.J. Kirkpatrick for The New York TimesJan. 6 defendants haven’t been treated more harshly than racial justice protesters.The assertion has become a staple on the right: Trump supporters were charged with violent crimes in the Capitol attack because of their conservative beliefs while many leftist activists had similar charges stemming from the racial justice protests last year in cities like Portland, Ore., reduced or dismissed.This summer, a Jan. 6 defendant named Garret Miller filed court papers making that argument. Mr. Miller, who lives in Dallas, claimed he had been “treated differently by the government than the Portland rioters based upon the politics involved,” his lawyer wrote.In rebutting these claims, the government argued there was no comparison between the protests last year prompted by the murder of George Floyd in Minneapolis and the storming of the Capitol. While prosecutors acknowledged that those arrested during weeks of unrest at the Portland federal courthouse had committed “serious offenses,” they insisted that the rioters in Washington were involved in “a singular and chilling event” that threatened not only the Capitol but also “democracy itself.”Trying to explain why many cases in the racial justice protests were eventually dismissed, prosecutors also said they have much better evidence against Capitol rioters like Mr. Miller than they ever had against protesters in Portland. Among the material they collected after Jan. 6 were thousands of hours of video footage from surveillance and body cameras worn by the police, and hundreds of thousands of social media posts.A few months after Mr. Miller filed his claims, The Associated Press published an analysis of more than 300 criminal cases stemming from the protests incited by Mr. Floyd’s murder. The analysis undercut the argument that pro-Trump defendants were treated more harshly than Black Lives Matter protesters, showing that many leftist rioters had received substantial sentences.There’s no evidence that Jan. 6 defendants are being treated worse than others in jail.Perhaps the loudest grievances about Capitol defendants concern the jail conditions of those denied bail.The accusations have been many and wide-ranging. Some defendants have complained of being locked in their cells for 23 hours a day in what amounts to solitary confinement. Others have claimed that they have been denied the right to hold religious services and that their hygiene needs have been restricted.One defendant, charged with assaulting the police, has said that he was zip-tied and then “savagely” beaten by a correctional officer in the District of Columbia jail, according to his lawyer. The assault resulted in a broken nose, a dislocated jaw and the loss of sight in the man’s right eye.Jail, of course, is a terrible place to be, regardless of one’s politics. But at least so far, no one has offered evidence that the authorities have imposed harsh conditions on Jan. 6 defendants because of their political beliefs.A spokeswoman for the District of Columbia jail said the 23-hour lockdown was not imposed solely on the Capitol defendants but was a medical provision used throughout the jail to curb the spread of the coronavirus. It has recently been lifted, she said.The Justice Department is using a novel charge in some cases.Prosecutors have taken a legal risk in the way they have chosen to prosecute scores of Capitol cases. The potential problem concerns the use of a federal obstruction law to charge people with disrupting Congress’s certification of the Electoral College vote. Lawyers for some of the defendants are challenging the Justice Department in court over use of the law, but pro-Trump activists have yet to make it a big public issue.Instead of using politically fraught and hard-to-prove charges like sedition or insurrection to describe the attempt to block certification of the election results, the Justice Department used a much more measured — albeit novel — law: obstruction of an official proceeding.The law is not a perfect match for what happened on Jan. 6; indeed, it had never before been used in a situation like the Capitol attack.Passed in 2002 as part of the Sarbanes-Oxley Act, a corporate overhaul law, the measure was devised to prohibit things like shredding documents or tampering with witnesses. Several lawyers have filed papers arguing that the law does not apply to the riot at the Capitol. Two federal judges have signaled that they might agree and could decide to toss the charge for more than 200 defendants.The Justice Department’s use of the obstruction law is arguably the most political move prosecutors have made to date. After all, as some defense lawyers have noted, the government did not use the same charge in 2018 when left-wing activists swarmed the Capitol to protest the Supreme Court nomination of Brett Kavanaugh. More

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      Portraits of the Lasting Trauma of the Capitol Riot

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      WASHINGTON — Three months after supporters of President Donald J. Trump violently stormed the Capitol, Alisa La, a close aide to Speaker Nancy Pelosi, sat in the office suite where she had hid from the rioters, describing the lasting effects of her traumatic experience on Jan. 6. Just as she finished speaking, an intercom began […] More

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      Republicans Seek Pennsylvania Voters’ Personal Information in 2020 Review

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      Pennsylvania Republicans moved on Wednesday to seek personal information on every voter in the state as part of a brewing partisan review of the 2020 election results, rubber-stamping more than a dozen subpoenas for driver’s license numbers and partial Social Security numbers.The expansive request for personal information, directed at Pennsylvania’s Department of State and approved in a vote by Republicans on a State Senate subcommittee, is the first major step of the election inquiry. The move adds Pennsylvania to a growing list of states that have embarked on partisan-led reviews of the 2020 election, including a widely criticized attempt to undermine the outcome in Arizona’s largest county.Democrats in the State Senate pledged to fight the subpoenas in court, saying at a news conference after the vote on Wednesday that the requests for identifiable personal information were an overreach, lacked authority and potentially violated federal laws protecting voter privacy. “Senate Democrats, going forward, intend to take legal action against this gross abuse of power by filing a lawsuit, challenging in the courts, and to ask the courts to declare the Senate Republicans’ actions in violation of separation of power, as well as declaring that they had no authority to issue these subpoenas,” said State Senator Jay Costa, the minority leader.Democrats control several of the top offices in Pennsylvania — including those of governor, attorney general and secretary of state — and it was not immediately clear what legal basis they might have to challenge the subpoenas. Nor was it clear how the transfer of information would begin to take place, if it does proceed, or which people or entities involved in the review would control the information. While the review will be funded by taxpayers, its potential cost has yet to be revealed. The Department of State did not respond to requests for comment or issue a statement on the subpoenas. Josh Shapiro, the attorney general of Pennsylvania and a Democrat, vowed to fight the subpoenas as well. “There are legal consequences to turning over people’s private, personal information without their permission,” Mr. Shapiro said in an interview. “My office will not allow that to happen. And people can be assured that we will take whatever legal action necessary to protect their private personal information from this charade.”The subpoenas, 17 in all, also included a request for communications between state and county election officials. They did not include requests for election machines or equipment.But election experts still expressed worries about the amount of personal information being requested and the security risks, both to voters and to the electoral process, that could come with such a transfer of information. Such risks have grown increasingly common in partisan election reviews around the country. “That’s a really bad idea to have private information floating around in a Senate caucus,” said Marian K. Schneider, an elections lawyer for the A.C.L.U. of Pennsylvania. “And it’s really not clear how the data is going to be used, who’s going to be looking at it, who can have access, how it’s going to be secured. And it’s unclear to me why they even need the personally identifying information.” Republicans in several states have pursued similar reviews — misleadingly labeled “audits” to suggest an authoritative nonpartisan investigation — in the name of protecting “election integrity.” The reviews have often centered on baseless claims and debunked conspiracy theories about the presidential contest, spurred in part by the falsehoods promoted by former President Donald J. Trump and his allies.President Biden won Pennsylvania by more than 80,000 votes, and the results have been reaffirmed by the state’s Department of State.“The entirety of our proceedings today, issuing subpoenas, is based upon such a noncredible foundation,” said Anthony H. Williams, a Democratic state senator who represents an area near Philadelphia. He added that it was “very troubling and, in fact, leads us to darker days in this country, such as when hearings like these, during the McCarthy era, were held, where voices were silenced and liberties were denied, being bullied by the power of the government.”State Senator Jake Corman, the top Republican in the chamber, who approved the review last month, portrayed the investigation as merely trying to inform future legislation and lashed back at Democrats, asking what they were “scared of.”“All we’re doing is seeking facts, seeking information, so that we can make better public policy,” Mr. Corman said. When questioned by Democrats about why voters’ Social Security and driver’s license information was necessary for the investigation, State Senator Cris Dush, who is leading the review as chair of the Governmental Operations Committee, brought up unspecific and unfounded claims that ineligible voters had cast ballots in the Pennsylvania election. “Because there have been questions regarding the validity of people who have voted, whether or not they exist,” Mr. Dush said. “Again, we’re not responding to proven allegations, we are investigating the allegations to determine whether or not they are factual.” He continued: “If we have the sum errors within the voter registration system which allow for such activity, then we have a responsibility as a legislature to create legislation which will prevent that from happening in future elections.”A chief concern of Democrats, beyond the subpoenas, was which people or companies might gain access to the stockpile of personal information of the nearly seven million Pennsylvanians who cast a ballot in the 2020 election.State Senator Steven J. Santarsiero, a Democrat from the Philadelphia suburbs, pressed Mr. Dush on his selection process. Mr. Santarsiero asked specifically whether any of the vendors the Republicans are considering have ties to Sidney Powell, the lawyer who has popularized many false conspiracy theories about the 2020 election.“The answer to that is I really don’t know, because it is not something that is relevant to my determination,” Mr. Dush responded.“So it’s possible, then?” Mr. Santarsiero asked.“It is absolutely possible,” Mr. Dush said. More

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      False Election Claims in California Reveal a New Normal for G.O.P.

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      In an echo of 2020, Republicans are pushing baseless allegations of cheating in the state’s recall race even before Election Day.The results of the California recall election won’t be known until Tuesday night. But some Republicans are already predicting victory for the Democrat, Gov. Gavin Newsom, for a reason that should sound familiar.Voter fraud.Soon after the recall race was announced in early July, the embers of 2020 election denialism ignited into new false claims on right-wing news sites and social media channels. This vote, too, would supposedly be “stolen,” with malfeasance ranging from deceptively designed ballots to nefariousness by corrupt postal workers.As a wave of recent polling indicated that Mr. Newsom was likely to brush off his Republican challengers, the baseless allegations accelerated. Larry Elder, a leading Republican candidate, said he was “concerned” about election fraud. The Fox News commentators Tomi Lahren and Tucker Carlson suggested that wrongdoing was the only way Mr. Newsom could win. And former President Donald J. Trump predicted that it would be “a rigged election.”This swift embrace of false allegations of cheating in the California recall reflects a growing instinct on the right to argue that any lost election, or any ongoing race that might result in defeat, must be marred by fraud. The relentless falsehoods spread by Mr. Trump and his allies about the 2020 election have only fueled such fears.“I very honestly believe there were irregularities and fraudulent activity,” Elena Johnson, 65, a teacher in Los Angeles County who was in the crowd at a rally for Mr. Elder last week in Ventura County, said of the presidential contest last year. “It was stolen.”Because of her concerns about voter fraud in the 2020 election, Ms. Johnson said, she would be casting her ballot in person on Tuesday instead of by mail. She said she was supporting the Republican because she thought California, her adopted home after immigrating from the Philippines 40 years ago, was on the brink. “California is where I came, and California is where I want to stay,” she said.Since the start of the recall, allegations of election fraud have been simmering on social media in California, with daily mentions in the low thousands, according to a review by Zignal Labs, a media tracking agency.But singular claims or conspiracy theories, such as a selectively edited video purporting to show that people with a post office “master key” could steal ballots, have quickly ricocheted around the broader conservative ecosystem. The post office video surpassed one million views, amplified by high-profile Trump allies and members of the conservative news media.Nationally, Republican candidates who deny the outcomes of their elections remain outliers. Hundreds of G.O.P. candidates up and down the ballot in 2020 accepted their defeats. But at the same time, many of them joined Mr. Trump in the assault on the presidential race’s outcome, and in other recent election cycles, candidates, their allies and the conservative news media have increasingly expressed doubts about the validity of the electoral process.And while false claims of wrongdoing have long emerged in the days and weeks after elections, Republicans’ quick turn in advance of the California recall — a race that was always going to be a long shot for them in a deep-blue state — signals the growing normalization of crying fraud.“This is baked into the playbook now,” said Michael Latner, an associate professor of political science at California Polytechnic Institute. As soon as the recall was official, he added, “you already started to see stories and individuals on social media claiming that, you know, they received five ballots or their uncle received five ballots.”Some Republican leaders and strategists around the country worry that it is a losing message. While such claims may stoke up the base, leaders fear that repeatedly telling voters that the election is rigged and their votes will not count could have a suppressive effect, leading some potential Republican voters to stay home.Republican officials have tried to encourage their voters to vote by mail while also acknowledging their worries about fraud.Rich Pedroncelli/Associated PressThey point to the Senate runoff elections early this year in Georgia, where two Republican incumbents, Senators Kelly Loeffler and David Perdue, were ousted by first-time Democratic challengers. Though the state had just voted Democratic in the presidential election for the first time in decades, the Senate races were seen as an even taller task for Democrats.But in the months after the November general election, Mr. Trump fired off countless attacks against the legitimacy of the Georgia contests, floating conspiracy theories and castigating the Republican secretary of state and governor for not acquiescing to his desire to subvert the presidential election. When the runoffs came, more than 752,000 Georgians who had voted in November did not cast ballots, according to a review by The Atlanta Journal-Constitution. More than half of those voters were from constituencies that lean toward Republican candidates, the review found.“The person that they most admired in their conservative beliefs was telling them that their vote didn’t count,” said Lt. Gov. Geoff Duncan of Georgia, a Republican, referring to Mr. Trump. “And then the next day he would tell him that the election was rigged, and then the next day he would tell them, ‘Why even show up?’ And they didn’t. And that alone was enough to swing the election to the Democrat side.”“This whole notion about fraud and elections,” Mr. Duncan continued, “it’s a shiny object that quite honestly is about trying to save face and not own reality.”Republican officials in California have performed a balancing act, trying to acknowledge their voters’ worries about fraud while ensuring that the same voters trust the state’s vote-by-mail system enough to cast a ballot. Party officials have promoted mail voting on social media, and have leaned on popular members of Republican leadership, including Representative Kevin McCarthy of California, the minority leader, to cut videos preaching the security of voting by mail.But some leading Republicans in the state have simultaneously denounced a bill passed by the State Legislature this month that would permanently enact a mail voting expansion that was introduced as an emergency measure in 2020. Republicans in the Legislature have continued to baselessly claim that mail voting invites fraud and that drop boxes remain unsecure.“I can tell you story after story in my district,” State Senator Shannon Grove, a Republican from Bakersfield, said during a floor debate this month. She added that the Democrats who dominate the chamber would admit they had also heard complaints “if you guys were honest.”The state Republican Party has also ramped up what it calls an election integrity operation, which aims to recruit more poll watchers and is directing voters to a hotline to send in complaints of fraud. The program, according to Jessica Millan Patterson, the chair of the state party, was designed to assure voters that the California election would be secure.Larry Elder has changed his position on whether he thought President Biden won the election fairly.Allison Zaucha for The New York Times“My entire focus,” Ms. Patterson said in an interview, “is to build trust and faith within our process and make sure people are confident.” She added that she was not paying attention to the national conversation about voter fraud and that she was not worried about the Republican effort hurting turnout because “our No. 1 turnout operation is having Gavin Newsom as our governor every day.”“I’ve always focused on California; everything outside of that is noise,” Ms. Patterson said. “We have to fix our own house before we can worry about what’s going on at the national level.”Mr. Elder, the Republican challenger to Mr. Newsom who has claimed without evidence that there will be “shenanigans” in the voting process, has also set up a tip line for voters to offer evidence of fraud.Trump’s Bid to Subvert the ElectionCard 1 of 4A monthslong campaign. 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      in Elections

      The Trump Coup Is Still Raging

      by

      What happened at the Capitol on Jan. 6 was not a coup attempt. It was half of a coup attempt — the less important half.The more important part of the coup attempt — like legal wrangling in states and the attempts to sabotage the House commission’s investigation of Jan. 6 — is still going strong. These are not separate and discrete episodes but parts of a unitary phenomenon that, in just about any other country, would be characterized as a failed coup d’état.As the Republican Party tries to make up its mind between wishing away the events of Jan. 6 or celebrating them, one thing should be clear to conservatives estranged from the party: We can’t go home again.The attempted coup’s foot soldiers have dug themselves in at state legislatures. For example, last week in Florida State Representative Anthony Sabatini introduced a draft of legislation that would require an audit of the 2020 general election in the state’s largest (typically Democratic-heavy) counties, suggesting without basis that it may show that these areas cheated to inflate Joe Biden’s vote count.Florida’s secretary of state, a Republican, knows that an audit is nonsense and has said so. But the point of an audit would not be to change the outcome (Mr. Trump won the state). The point is not even really to conduct an audit.The obviously political object is to legitimize the 2020 coup attempt in order to soften the ground for the next one — and there will be a next one.In the broad strategy, the frenzied mobs were meant to inspire terror — and obedience among Republicans — while Rudy Giuliani and his co-conspirators tried to get the election nullified on some risible legal pretext or another. Republicans needed both pieces — neither the mob violence nor an inconclusive legal ruling would have been sufficient on its own to keep Mr. Trump in power.True to form, Mr. Trump was able to supply the mob but not the procedural victory. His coup attempt was frustrated in no small part by a thin gray line of bureaucratic fortitude — Republican officials at the state and local levels who had the grit to resist intense pressure from the president and do their jobs.Current efforts like the one in Florida are intended to terrorize them into compliance today or, short of that, to push such officials into retirement so that they can be replaced with more pliant partisans. The lonely little band of Republican officials who stopped the 2020 coup is going to be smaller and lonelier the next time around.That’s why the Great Satan for the Republican Party right now is not Mr. Biden but Representative Liz Cheney of Wyoming, one of a small number of Republicans willing to speak honestly about Jan. 6 and to support the investigation into it — and willing to contradict powerful people like Kevin McCarthy of California, who has falsely (and preposterously) claimed that the F.B.I. has cleared Mr. Trump of any involvement in Jan. 6.The emerging Republican orthodoxy on Jan. 6 is created by pure political engineering, with most party leaders either minimizing, halfheartedly defending or wholeheartedly celebrating the coup, depending on their audience and ambitions. Pragmatic party leaders like Mitch McConnell, and others like him who were never passionately united with Mr. Trump but need his voters, are hoping that the memory of the riot gets swept away by the ugly news from Afghanistan and the usual hurly-burly. But other Republicans have praised the rioters: Representative Madison Cawthorn of North Carolina insisted that those who have been jailed are “political prisoners” and warned that “bloodshed” might follow another “stolen” election. The middle-ground Republican consensus is that the sacking of the Capitol was at worst the unfortunate escalation of a well-intentioned protest involving legitimate electoral grievances. More