Presidential Election of 2020

Subterms

    More stories

    • 113 Shares99 Views

      in Elections

      Trump on Trial: The Looming Legal and Political Collision

      by

      The former president’s trial in one of his four criminal cases is scheduled for early March, putting his legal drama and the race for the White House on an unprecedented trajectory.In the next few months, as the weather warms in Washington, something remarkable could happen in the city’s federal courthouse: Donald J. Trump could become the first former president in U.S. history to sit through a trial as a criminal defendant.The trial, based on charges that Mr. Trump conspired to overturn the 2020 election, is scheduled to start in early March. And while the date could change, it is likely that a jury will sit in judgment of Mr. Trump before the 2024 election — perhaps even before the Republican Party meets in Milwaukee in July for its nominating convention.Mr. Trump is the front-runner for the Republican nomination and is facing 91 felony charges in four separate cases. Putting him on trial either before the convention or during the general election would potentially lead to a series of events that have never been seen before in the annals of American law and politics.It would almost certainly fuse Mr. Trump’s role as a criminal defendant with his role as a presidential candidate. It would transform the steps of the federal courthouse into a site for daily impromptu campaign rallies. And it would place the legal case and the race for the White House on a direct collision course, each one increasingly capable of shaping the other.Throughout it all, Mr. Trump would almost certainly seek to turn the ordinarily sober courtroom proceedings into fodder he could use to influence public opinion and gain any advantage he can in a presidential race unlike any other.“There is no useful precedent for this — legally, politically — in any dimension that you want to analyze it,” said Chuck Rosenberg, a former United States attorney and F.B.I. official. “The turbulence is particularly dangerous because if Mr. Trump is convicted, he has set the stage for a large portion of the population to reject the jury’s verdict. As part of that, it is also his call to arms, and so there are other dangers that attend to his rhetoric.”The expectations of how a Trump trial would unfold before the election are based on interviews with people close to the former president. Already, Mr. Trump has sought to capitalize on the New York attorney general’s fraud case against him and his company. In that case, now underway in a Manhattan courtroom, Mr. Trump has shown up when he didn’t have to and has addressed reporters repeatedly. At the Washington trial, there will surely be enormous security, not only because of Mr. Trump’s status as a former president, but also because the event could become a flashpoint for conflict. There has been no violence during Mr. Trump’s various arraignments, when law enforcement officials had feared the worst.Still, there are some variables at play that could push the trial in Washington until after the election.Mr. Trump’s lawyers are planning to appeal a decision last week by Judge Tanya S. Chutkan, who is presiding over the election case, to deny his sweeping claims that he enjoys absolute immunity from the indictment because it covers actions he took while he was president. That appeal, on a question that has never been fully tested, could end up in front of the Supreme Court, further delaying the case even if prosecutors ultimately win the argument on the merits.But despite such time-buying tactics, Mr. Trump’s legal team is cautiously preparing for a trial in the late spring or early summer. While the other three cases in which Mr. Trump is facing charges are much likelier to be pushed off until after Election Day, the former president’s team believes Judge Chutkan is intent on keeping the proceeding she is overseeing moving ahead.Mr. Trump has already turned his legal travails into a campaign message that doubles as a lucrative online fund-raising tool. But his attempts to reap political benefit from his prosecutions and to use his legal proceedings as a platform for his talking points about victimhood and grievance are likely to only intensify if he is actually on trial, in the nation’s capital, in the middle of the 2024 presidential cycle.Merchandise alluding to Mr. Trump’s criminal cases at a campaign event in Waterloo, Iowa, in October.Doug Mills/The New York TimesThere is no evidence that President Biden has meddled in any of the Trump prosecutions. Still, people close to Mr. Trump are planning to exploit the situation by falsely claiming to voters that Mr. Biden is a “socialist” leader directly seeking to imprison his political rival. One of those people, who was not authorized to speak publicly, suggested that this message could resonate especially powerfully with Hispanic voters, some of whom have family members who have suffered under dictatorial regimes in Latin America.When he is in Judge Chutkan’s courtroom, Mr. Trump is likely to be fairly well-behaved, constrained by his lawyers and by the federal rules of criminal procedure. He is unlikely to say much at all under Judge Chutkan’s supervision. And his silence inside the courtroom may feel all the quieter given the noise he is likely to make outside it in front of the television cameras that will surely await him every day.Even now, Mr. Trump has been engaging in a fusillade of daily attacks not only against the election case in Washington but also against his three other criminal cases — as well as his civil fraud trial in Manhattan.He has tried to blur all four cases together in the public’s mind as one giant “witch hunt,” yoking them to previous investigations into him. He has assailed the judges, prosecutors and witnesses involved in the cases, leveraging moments when gag orders against him have been temporarily lifted. He has also mounted a sustained publicity blitz, comparing himself to Nelson Mandela while portraying the indictments against him as retaliatory strikes by his political opponents, including Mr. Biden.This sort of spin and vitriol is only likely to increase when crowds of reporters await Mr. Trump’s exit from Judge Chutkan’s court each day.Mr. Trump’s allies expect he will hold news conferences outside the courthouse, seeking to maximize media coverage and hoping to have cameras capture his daily motorcade departures, likely to the airport to fly back to New York so he can sleep in his own bed.The trial and the enormous publicity that surrounds it could also offer Mr. Trump an unmatched opportunity to communicate to the American public without anyone providing an effective rebuttal.The gag order in Washington does not preclude Mr. Trump from attacking the trial in general, and federal prosecutors are barred by their code of ethics from speaking about a case that is in process. That means the former president, who has no compunction about lying, is likely to be the only person directly involved in the proceeding talking about it daily on television and social media.“The reality of the ethical laws as they pertain to prosecutors is that Trump is going to continue to have a pathway to rail against the indictment and trial for all the reasons that he’s done in the past and will do in the future, essentially unfiltered and unlimited — the prosecutors won’t,” said Cyrus R. Vance Jr., the former Manhattan district attorney whose office spent years investigating Mr. Trump’s finances and business dealings.“There’s a significant imbalance in the ability of prosecutors to comment in real time about the evidence and the case.”A coalition of news organizations has asked Judge Chutkan to televise the proceedings and Mr. Trump has joined in the request. But that is unlikely to happen given that federal rules prohibit news cameras from broadcasting from the courtroom. Prosecutors in the office of the special counsel, Jack Smith, have opposed the request, saying that the former president would turn the proceeding into a “media event” with a “carnival atmosphere.”Mr. Smith’s team is unlikely to react at all to Mr. Trump’s provocations — at least in public — instead focusing its energies on winning the case inside the courtroom, said Samuel Buell, a former federal prosecutor and law professor at Duke University.“There have always been circuslike cases and this could be the most circuslike case of them all,” Mr. Buell said. “But the strategy of the prosecutors in these cases is to not get distracted.”Mr. Buell suggested that the special counsel’s office might request special protections for members of the jury who will be under scrutiny in a way rarely seen in other criminal matters. He said prosecutors might ask for the jurors to be anonymous or to have federal marshals drive them to and from the courthouse every day.The selection of the jurors will be of paramount importance, with Mr. Trump’s best hopes of avoiding a conviction likely resting on a hung jury, according to former prosecutors and defense lawyers. Given the demographics of Washington, D.C., the jury pool is likely to be racially diverse, but it is unclear how politically diverse it will be.Should he be convicted, it is unclear how quickly Mr. Trump would be sentenced. He will most likely file appeals. And the details of any sentence — when he would be punished and whether he would be sent to prison or ordered to serve home confinement — would all carry enormous significance and are likely to be litigated intensely.Even though Mr. Trump will try to shape public narratives about the trial, wall-to-wall coverage about it may not be entirely to his benefit.The trial is expected to feature a parade of witnesses, including many of his own lawyers and advisers who will testify under oath that he had been told in no uncertain terms that he lost the 2020 election. It is also likely to focus heavily on the role he played in stirring up the violence at the Capitol on Jan. 6, 2021.But even if Mr. Trump dominates the discussion about the trial on the airwaves, the slow and steady accumulation of evidence presented in the courtroom could serve as a counterbalance.“At trial, the prosecutors will present witnesses,” Mr. Vance said. “It becomes more balanced, and more powerful, when the trial is ongoing.” More

    • 125 Shares119 Views

      in Elections

      Nevada Charges Republican Party Leaders in 2020 Fake Elector Scheme

      by

      The six Republicans charged on Wednesday included the state party’s chairman and vice chairman as well as the chairman of the Republican Party in Clark County.A Nevada grand jury indicted top leaders of the state’s Republican Party on charges of forging and submitting fraudulent documents in the fake elector scheme to overturn Joseph R. Biden Jr.’s victory in the 2020 presidential election, the state’s attorney general announced on Wednesday.The six Republicans charged, who claimed to be electors for Donald J. Trump, included the chairman of the state party, Michael J. McDonald. Also included are Jim Hindle, the state party’s vice chairman; Jim DeGraffenreid, a national committeeman; Jesse Law, the chairman of the Republican Party in Clark County, home to Las Vegas; and Shawn Meehan and Eileen Rice, executive board members of the Republican Party in Douglas County.“When the efforts to undermine faith in our democracy began after the 2020 election, I made it clear that I would do everything in my power to defend the institutions of our nation and our state,” Aaron D. Ford, Nevada’s attorney general and a Democrat, said in a statement. “We cannot allow attacks on democracy to go unchallenged. Today’s indictments are the product of a long and thorough investigation, and as we pursue this prosecution, I am confident that our judicial system will see justice done.”The charges are the latest in a nationwide effort by officials to prosecute those who falsely portrayed themselves as state electors in an effort to overturn Mr. Trump’s defeat in 2020. Michigan’s attorney general charged 16 Republicans in July for a similar effort in the state.The plan involved creating false slates of electors pledged to Mr. Trump in seven swing states that were won by Mr. Biden in an effort to overturn the election.Kenneth Chesebro, a key player in the fake elector scheme, is listed as a witness in the Nevada indictments. Mr. Chesebro had earlier pleaded guilty in a criminal racketeering indictment in Georgia that accused him of conspiring to overturn the 2020 election. Mr. Chesebro had also agreed to cooperate with state prosecutors in that case.The six Republicans were each charged in similar four-page indictments with one count of forging certificates designating Nevada’s electoral votes for Mr. Trump, even though Mr. Biden won the state in 2020. They were also each charged with one count of knowingly submitting these fake certificates to state and federal officials.If convicted, the false electors face a combined maximum of nine years in prison and $15,000 in fines. More

    • 88 Shares159 Views

      in Elections

      ‘This Is Grim,’ One Democratic Pollster Says

      by

      The predictive power of horse-race polling a year from the presidential election is weak at best. The Biden campaign can take some comfort in that. But what recent surveys do reveal is that the coalition that put Joe Biden in the White House in the first place is nowhere near as strong as it was four years ago.These danger signs include fraying support among core constituencies, including young voters, Black voters and Hispanic voters, and the decline, if not the erasure, of traditional Democratic advantages in representing the interests of the middle class and speaking for the average voter.Any of these on their own might not be cause for alarm, but taken together they present a dangerous situation for Biden.From Nov. 5 through Nov. 11, Democracy Corps, a Democratic advisory group founded by Stan Greenberg and James Carville, surveyed 2,500 voters in presidential and Senate battleground states as well as competitive House districts.In an email, Greenberg summarized the results: “This is grim.” The study, he said, found that collectively, voters in the Democratic base of “Blacks, Hispanics, Asians, LGBTQ+ community, Gen Z, millennials, unmarried and college women give Trump higher approval ratings than Biden.”On 32 subjects ranging from abortion to China, the Democracy Corps survey asked voters to choose which would be better, “Biden and the Democrats” or “Trump and the Republicans.”Biden and the Democrats led on six: women’s rights (ahead by 17 points), climate change (15 points), addressing racial inequality (10 points), health care (3 points), the president will not be an autocrat (plus 2) and protecting Democracy (plus 1). There was a tie on making democracy more secure.Donald Trump and the Republicans held leads on the remaining subjects, including being for working people (a 7-point advantage), standing up to elites (8 points), being able to get things done for the American people (12 points), feeling safe (12 points) and keeping wages and salaries up with the cost of living (17 points).In the case of issues that traditionally favor Republicans, Trump and his allies held commanding leads: patriotism (11 points), crime (17 points), immigration (20 points) and border security (22 points).Particularly worrisome for Democrats, who plan to demonize Trump as a threat to democracy, are the advantages Trump and Republicans have on opposing extremism (3 points), getting beyond the chaos (6 points) and protecting the Constitution (8 points).There is some evidence in both the Democracy Corp survey and in other polls that concerns specific to Biden — including his age and the surge in prices during his presidency — are driving the perception of Democratic weakness rather than discontent with the party itself.The survey found, for example, that Democratic candidates in House battleground districts are running even with their Republican opponents among all voters, and two points ahead among voters who say they are likely to cast ballots on Election Day.Along similar lines, a November 2023 NBC News poll found Trump leading Biden by two points, 46-44, but when voters were asked to choose between Trump and an unnamed Democratic candidate, the generic Democrat won 46-40.In a reflection of both Biden’s and Trump’s high unfavorability ratings, NBC reported that when voters were asked to choose between Biden and an unnamed generic Republican, the “Republican candidate” led Biden 48-37.Other nonpartisan polls describe similar Democratic weaknesses. A September Morning Consult survey found, for example, that “voters are now more likely to see the Republican Party as capable of governing, tackling big issues and keeping the country safe compared with the Democratic Party” and that “by a 9-point margin, voters also see the Democratic Party as more ideologically extreme than the G.O.P.”In the main, according to Morning Consult, these weaknesses result from declining confidence within Democratic ranks in their own party, rather than strong support for Trump and the Republican Party: “The trends against the Democratic Party are largely driven by worsening perceptions among its own voter base, which suggests that the party will have to rely more than ever on negative partisanship to keep control of the White House.”Morning Consult posed the same set of questions to voters about the political parties in 2020 and again this year in order to track shifting voter attitudes.Asked, for example which party is more “capable of governing,” 48 percent of voters in 2020 said the Democrats and 42 percent said the Republicans. This year, 47 percent said the Republicans and 44 percent said the Democrats.Similar shifts occurred on the question of which party will “keep the nation safe” and which party can “tackle the big issues.”In what amounts to a body blow to Biden and his Democratic allies, Republicans are now virtually tied with Democrats on a matter that has been a mainstay of Democratic support since the formation of the New Deal coalition during the Great Depression. A September 2023 NBC News survey “found that 34 percent of voters believe Republicans are better at looking out for the middle class, while 36 percent say the same of Democrats. The 2-point margin in favor of Democrats is the lowest it has been in the history of the poll.”“Democrats have held over 30 years as high as a 29-point advantage as being the party better able to deal with and handle issues of concern to the middle class, ” Bill McInturff, a partner in the Republican firm Public Opinion Strategies, which joined with the Democratic firm Hart Research to conduct the NBC poll, told me.Neil Newhouse, who is also a partner at Public Opinion Strategies, emailed me to say that the opinion trends among Black and Hispanic voters “are figures G.O.P.’ers could only dream about a few years ago.”Although many of those with whom I discussed the data voiced deep concern over Biden’s prospects, let me cite a couple of experts who are more optimistic.Simon Rosenberg, a veteran Democratic operative and former president of the New Democratic Network, emailed me a series of bullet points:The last four presidential elections have gone 51 percent-46 percent Democratic, best run for Dems since F.D.R.’s elections. Only 1 R — George W. Bush 2004 — has broken 48 percent since the 1992 election, and Dems have won more votes in seven of last eight presidential elections. If there is a party with a coalition problem, it is them, not us.Our performance since Dobbs remains remarkable, and important. In 2022 we gained in AZ, CO, GA, MI, MN, NH, PA over 2020, getting to 59 percent in CO, 57 percent in PA, 55 percent in MI, 54 percent in NH in that “red wave” year. This year we’ve won and outperformed across the country in every kind of election, essentially leaving this a blue wave year.We got to 56 percent in the WI SCOTUS race, 57 percent in Ohio, flipped Colorado Springs and Jacksonville, flipped the VA House, Kentucky Governor Andrew Beshear grew his margin, we won mayoralties and school board races across the United States. Elections are about winning and losing, and we keep winning and they keep losing.In a recent post on his Substack, “Why I Am Optimistic About 2024,” Rosenberg elaborated:Opposition and fear of MAGA is the dominant force in U.S. politics today, and that is a big problem for super-MAGA Trump in 2024. Fear and opposition to MAGA has been propelling our electoral wins since 2018, and will almost certainly do so again next year.Alex Theodoridis, a political scientist at the University of Massachusetts-Amherst, expressed similar optimism concerning Biden’s chances: “Once Democrats come to terms with the fact that Biden will be the nominee (and, more importantly, that Trump will in all likelihood be the G.O.P. nominee), a lot of the internal malaise expressed in current polls should dissipate.”When Biden begins campaigning in earnest, Theodoridis wrote,He will likely still come across as relatively competent and steady. And, while Trump always looms over G.O.P. politics, we will certainly see more coverage of him as G.O.P. nominee to remind less engaged Democrats and the few true independents that he is a deeply flawed figure who has and would again pose a real threat to our Republic.When voters finally make up their minds, Theodoridis predicted, “The anti-MAGA, pro-democracy, pro-reproductive-rights message that has boosted turnout and served Democratic candidates well the last two Novembers will likely do so again.”Jim Kessler, a senior vice president of Third Way, a Democratic think tank, is nowhere near as confident in Democratic prospects as Rosenberg and Theodoridis are. In an email, Kessler observed that polls at this time need to be taken with a grain of salt — remarking that in 1991, George H.W. Bush appeared to be the prohibitive favorite to win a second term and that in 2011, Mitt Romney was well ahead of President Barack Obama.In addition, Kessler wrote, in the past month,The price of gasoline has fallen 20 cents to a national average of $3.24 a gallon. Headline and core inflation have begun their final descent toward benign, historic levels. Interest rates have fallen about 40 basis points in the past several months. The so-called “misery index” (inflation + unemployment rate) could very well be at a level that is incumbent friendly.That said, Kessler continued, there are clear danger signs:Biden won in 2020 because he was perceived as having a more positive brand than the Democratic Party. That brand advantage over the Democratic Party is now gone. Exhibits A and B are crime and immigration. In 2020, Biden was perceived as tougher on crime and the border than the typical Democrat.In one primary debate, Kessler pointed out,Biden was the only candidate onstage not to raise his hand on a question that essentially could be interpreted as wanting open borders. He also loudly and repeatedly voiced his opposition to “defund the police” and never ran away from the 1994 crime bill that he authored in the Senate.That, in Kessler’s view, “is not the Joe Biden voters are hearing today. Voters actually hear almost nothing from the administration on crime or the border, and this allows the opposition to define them on an issue of great salience.”Biden, Kessler argued, has a credible record on tougher border enforcement and cracking down on crime, but he and other members of the administration don’t promote itbecause these are issues on which our active, progressive base is split. But if you are silent on these issues, it is like an admission of guilt to voters. They believe you do not care or are dismissive of their very real concerns. That means Biden must accept some griping from the left to get this story out to the vast middle.Will Marshall, president and founder of the center-left Public Policy Institute think tank, responded to my query with an emailed question: “Trump is Kryptonite for American democracy, so why isn’t President Biden leading him by 15 points?”Marshall’s answer:Biden’s basic problem is that the Democratic Party keeps shrinking, leaving it with a drastically slender margin of error. It’s losing working class voters — whites — by enormous, 30-point margins — but nonwhites without college degrees are slipping away too.The ascendance of largely white, college-educated liberals within party ranks, in Marshall’s view, haspushed Democrats far to the dogmatic left, even as their base grows smaller. Young progressives have identified the party with stances on immigration, crime, gender, climate change and Palestinian resistance that are so far from mainstream sentiment that they can even eclipse MAGA extremism.“Democrats,” Marshall wrote, in a line of argument similar to Kessler’s,have been aiming at the wrong target and have less than a year to adjust their sights. That means putting high prices and living costs front and center, embracing cultural pragmatism, confronting left-wing radicalism on the border, public safety and Israel and embracing a post-populist economics that speaks to working Americans’ aspirations for growth and upward mobility rather than their presumed sense of economic victimhood.Jacob Hacker, a political scientist at Yale, contended that the view of Biden and the Democratic Party as elitist and weak on the very values that were Democratic strengths in the past lacks foundation in practice. Instead, the adverse portrait of the Democrats represents a major success on the part of right-wing media — and a complicit mainstream media — in creating a false picture of the party.In a forthcoming paper, “Bridging the Blue Divide: The Democrats’ New Metro Coalition and the Unexpected Prominence of Redistribution,” Hacker said he and three colleagues found thatDemocrats have not changed their orientation nearly as much as critics of the party argue. In particular, the party has not shifted its emphasis from economic to social/identity issues, nor has it moderated its economic positions overall. Instead, it has placed a high priority on an ambitious economic program that involves a wider range of policy aims and instruments than in the past (including industrial policy and pro-labor initiatives as well as social and health policies and public investments) as well as levels of public spending that dwarf those contemplated by party elites in at least a half century.Why then, Hacker asked, is “the Democratic Party widely perceived to have abandoned pocketbook politics in favor of identity politics?”His answer:Conservative media have relentlessly focused on this critique and there’s strong evidence that media framing shapes how voters view the parties. Indeed, the role of the media in shaping the negative current climate — including more mainstream sources — should not be neglected. The obsessions of right-wing media with the “wokeness” of the Democratic Party seeps into the broader media coverage, and mainstream sources focus on criticisms of the Democrats, in part to uphold their nonpartisan ideal.Ryan Enos, a political scientist at Harvard, warned that there are major consequences that could result from the weakness of Biden’s support. In an email, Enos wrote:There is no doubt that Democrats and — given that the likely Republican nominee is a would-be authoritarian — Americans more generally should be alarmed by Biden’s poll numbers. He is saddled with the need to dig economic perceptions out of a deep inflationary hole, an unsteady international world and the view that his party went too far to the left on social issues.If the election were held today, Enos argued, “Biden would likely lose.”During the campaign, “Biden’s numbers will improve,” Enos wrote, but Biden faces a large number of idealistic young voters who maynever come back to him because they believe that he has abandoned the core values that animated their support in the first place. Faced with the reality of surging immigration across the southern border, Biden has largely failed to liberalize his administration’s approach to immigration — in fact, he has left much of the Trump era policies in place. To many young voters, who were first attracted to Biden’s social progressivism, such moves may feel like a betrayal. Additionally, Biden has seemed to greenlight Israel’s campaign of violence against civilians in Gaza. Especially for young voters of color, this seems like a betrayal and could cost Biden crucial states such as Michigan.Jonathan Weiler, a political scientist at the University of North Carolina-Chapel Hill, stands somewhere between Rosenberg and Marshall.“There’s no gainsaying Biden’s poor polling numbers at the present,” Weiler wrote by email:However unhinged Trump appears increasingly to be, for now that’s an abstraction for many voters. In the meantime, what they see in ways that feel up close and personal are signs of an unsettled and unsettling world impinging on their day to day lives, including inflation, higher crime and a big increase in migrants across our southern border and into cities around the United States.On the plus side for Biden, Weiler wrote, “the data show clearly that inflation is trending substantially downward.” In addition,Violent crime has returned to prepandemic levels. Americans always think crime is going up, no matter what the data say. But if the actual drop in crime results in people thinking about it less, that could also lessen people’s sense of a chaotic and unsettled reality.Rogers Smith, a political scientist at the University of Pennsylvania, made the case that Biden’s age and his visible infirmities interfere with his ability to reassure the electorate:The biggest factor that is neglected in many polls is the widespread belief that Biden is simply too old and insufficiently vigorous to remain president for four more years. This belief is reinforced by the reality that Biden does not inspire confidence in his vigor or energy in most of his public presentations. The problem is particularly acute among young voters but goes throughout the electorate, Democrats and Republicans alike. It means that voters don’t give much weight to Biden’s arguments on the issues.Democrats are trapped, Smith maintained:None will challenge Biden; he must choose to step aside. If he did so, he would feel compelled to support Kamala Harris. But most Democrats, and probably Biden himself, rightly believe that she would do even worse than he is doing.The one ace in the hole for Democrats is Donald Trump himself. As the center of attention in the elections of 2018, 2020 and even 2022, Trump was the key to Democratic victory. Trump is doing all he can to become the focus in 2024, but the question remains whether the Democrats, with Biden at the top of the ticket, can successfully demonize him again.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, Instagram, TikTok, X and Threads. More

    • 150 Shares199 Views

      in Elections

      Primaries Are Not the Most Democratic Way to Choose a Presidential Nominee

      by

      Is the Democratic Party making a mistake by renominating President Biden to face the likely Republican nominee, Donald Trump, in 2024? A nontrivial number of voices in and outside the party seem to think so.But it’s already a mostly moot point. The system Americans use to nominate presidential candidates is not well equipped to make swift strategic adjustments. Voters choose candidates in a sequence of state-level primaries and caucuses. Those contests select delegates and instruct them on how to vote at a nominating convention. It’s an ungainly and convoluted process, and politicians begin positioning themselves a year in advance to succeed in it.It wasn’t always this way, and it doesn’t have to be. Political parties in most democracies have the power to choose their leaders without going through a monthslong gantlet.The best way for a party to choose its leader is for that party to convene, confer and compromise on a candidate who serves its agenda and appeals to voters. The conventions of the mid-20th century, deeply flawed as they were, were designed for that purpose. If those flaws were fixed, they would be far better than what we use today.Should Mr. Biden run again or step aside? On the one hand, he has stubbornly low approval ratings, and a number of polls show him trailing Mr. Trump. On the other hand, polling a year out is often misleading, and so are job approval ratings in a polarized age. Mr. Biden is old, but so is Mr. Trump, and Mr. Biden defeated him last time.Replacing an incumbent president with another nominee is very rare and probably should be. But a convention could do it if necessary. In 1968, President Lyndon Johnson stepped down at the beginning of the year, and Democrats could realistically expect to find a nominee before Election Day.The system was different then. When Mr. Johnson decided not to run for re-election, he declared, “I shall not seek, and I will not accept the nomination of my party for another term as your president.”The “and I will not accept” matters. Mr. Johnson was acknowledging that the party might nominate him even if he didn’t run. In 1968, when the decision was made at the national convention, the party could do that. That’s not something it can easily do today.Only a small fraction of states held primaries that year, and most of those didn’t commit delegates. Primaries were a tool to gauge public support, not make the final decision. Hubert Humphrey, the eventual nominee, won no primaries or caucuses. Instead, he won with support of unpledged delegates selected through state conventions — delegates who represented an older, more establishment part of the party.The apparent injustice of Mr. Humphrey winning the nomination without winning primaries was a big part of how we got to our current system. Many members of the Democratic Party felt that their perspectives weren’t well represented by those establishment delegates; their voices were being heard in the primaries and caucuses.The party set out to create a national convention that was more representative of the party, but what evolved was something else, the system we use today — the one that has all but locked us into a candidate almost a year out from Election Day.Early states winnow the field. The next states largely determine who the nominee is. States that vote late in the process often have little effect. Success depends on the ability to stand up a campaign in state after state in the first few months of the year, which in turn depends on the ability to raise money and attract media attention. It’s a process, not a simple decision.This system could produce a candidate who is battle tested by the primaries and otherwise broadly popular. It might also select a candidate who appeals narrowly to a group of dedicated followers, especially in early states, where a close victory can be leveraged into later success. (Think of Mr. Trump in 2016.)In no way does it let party leaders take stock of an awkward situation, such as what Democrats face now (low approval ratings for an incumbent) or, for that matter, what Republicans face (a front-runner facing multiple indictments).Party leaders are not completely helpless. In “The Party Decides,” the political scientists Marty Cohen, David Karol and John Zaller and I argued that party activists and leaders could exert a lot of influence on their party’s choice — so much so that they typically get their way. When they can agree on a satisfactory candidate, they can help direct resources to that candidate and help that person stay in the race if he or she stumbles. (Think of Mr. Biden in 2020.)But that takes time. It is, at best, a blunt instrument (hence its failure among Republicans in 2016). The nomination is still won in the primaries, and an incumbent is especially hard to replace.Most democracies give far less power than that to a single political leader, even an incumbent or influential former leader. Healthy parties can limit their leaders.Empowering the Democrats to replace Mr. Biden or the Republicans to move on from Mr. Trump would come with costs. A party that could persuade a sitting president to stand down would also have the power to persuade outsiders, like Bernie Sanders and Mr. Trump, to not run at all.For some, giving party leaders this kind of influence is unsettling. It shouldn’t be. The job of choosing a nominee is complicated. It involves the strategic trade-off between what kind of candidate can win in November and what kind of candidate represents what the party wants in a leader.Letting the party make these decisions is not inherently undemocratic. Just as voters select members of Congress, who then gain expertise, forge compromises and bargain to make policy, so too could voters select party delegates, who would then choose nominees and shape their party’s platform.Polling and even primaries could continue to play a role. In many years, the voice of the party’s voters might speak loudly, and party leaders would simply heed it. In other years, such as for Democrats in 2008, voter preferences might be more mixed. It’s worth noting that in 2008, Democratic superdelegates (those not bound by the results of any primary) switched their support from Hillary Clinton to Barack Obama after seeing his appeal in the primaries. If all of the delegates had been free to switch, would the outcome have been the same? We don’t know, but in a representative democracy, elected representatives do often listen to voters.In other words, the development of a more active, empowered party convention would not have to be a return to the past. The nomination of Mr. Humphrey in 1968 was a problem, but it wasn’t because the decision was made at a convention. It was because the delegates at that convention didn’t represent the party’s voters.Moving the decision back to the convention would not be a trivial matter. Even if voters and politicians could adjust to the change — a big if — each party would need to select representative and competent delegates. Our experience with representative democracy should tell us that this is possible but far from inevitable.But such a convention would still be superior to the current system, in which a small number of voters in a handful of states choose from a pool of self-selected candidates who have been tested mostly by their ability to raise money and get attention in debates.Both of these systems have a claim to being democratic. But only the first would give the party the kind of agency implied by claims that it is making a mistake by renominating the incumbent.Hans Noel, an associate professor of government at Georgetown, is the author of “Political Ideologies and Political Parties in America” and a co-author of “Political Parties” and “The Party Decides: Presidential Nominations Before and After Reform.”Source images by Drew Angerer, Rost-9D, and ajt/Getty ImagesThe 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, Instagram, TikTok, X and Threads. More

    • 150 Shares149 Views

      in Elections

      Why a Second Trump Presidency May Be More Radical Than His First

      by

      In the spring of 1989, the Chinese Communist Party used tanks and troops to crush a pro-democracy protest in Beijing’s Tiananmen Square. Most of the West, across traditional partisan lines, was aghast at the crackdown that killed at least hundreds of student activists. But one prominent American was impressed.“When the students poured into Tiananmen Square, the Chinese government almost blew it,” Donald J. Trump said in an interview with Playboy magazine the year after the massacre. “Then they were vicious, they were horrible, but they put it down with strength. That shows you the power of strength. Our country is right now perceived as weak.”It was a throwaway line in a wide-ranging interview, delivered to a journalist profiling a 43-year-old celebrity businessman who was not then a player in national politics or world affairs. But in light of what Mr. Trump has gone on to become, his exaltation of the ruthless crushing of democratic protesters is steeped in foreshadowing.Mr. Trump’s violent and authoritarian rhetoric on the 2024 campaign trail has attracted growing alarm and comparisons to historical fascist dictators and contemporary populist strongmen. In recent weeks, he has dehumanized his adversaries as “vermin” who must be “rooted out,” declared that immigrants are “poisoning the blood of our country,” encouraged the shooting of shoplifters and suggested that the former chairman of the Joint Chiefs of Staff, Mark Milley, deserved to be executed for treason.As he runs for president again facing four criminal prosecutions, Mr. Trump may seem more angry, desperate and dangerous to American-style democracy than in his first term. But the throughline that emerges is far more long-running: He has glorified political violence and spoken admiringly of autocrats for decades.Fani Willis, the district attorney in Fulton County, Ga., brought one of the sets of indictments that Mr. Trump faces.Kenny Holston/The New York TimesAs a presidential candidate in July 2016, he praised the former Iraqi dictator Saddam Hussein as having been “so good” at killing terrorists. Months after being inaugurated, he told the strongman leader of the Philippines, Rodrigo Duterte, that his brutal campaign of thousands of extrajudicial killings in the name of fighting drugs was “an unbelievable job.” And throughout his four years in the Oval Office, Mr. Trump blew through boundaries and violated democratic norms.What would be different in a second Trump administration is not so much his character as his surroundings. Forces that somewhat contained his autocratic tendencies in his first term — staff members who saw their job as sometimes restraining him, a few congressional Republicans episodically willing to criticize or oppose him, a partisan balance on the Supreme Court that occasionally ruled against him — would all be weaker.As a result, Mr. Trump’s and his advisers’ more extreme policy plans and ideas for a second term would have a greater prospect of becoming reality.A Radical AgendaTo be sure, some of what Mr. Trump and his allies are planning is in line with what any standard-issue Republican president would most likely do. For example, Mr. Trump would very likely roll back many of President Biden’s policies to curb carbon emissions and hasten the transition to electric cars. Such a reversal of various rules and policies would significantly weaken environmental protections, but much of the changes reflect routine and longstanding conservative skepticism of environmental regulations.Other parts of Mr. Trump’s agenda, however, are aberrational. No U.S. president before him had toyed with withdrawing from NATO, the United States’ military alliance with Western democracies. He has said he would fundamentally re-evaluate “NATO’s purpose and NATO’s mission” in a second term.He has said he would order the military to attack drug cartels in Mexico, which would violate international law unless its government consented. It most likely would not.He would also use the military on domestic soil. While it is generally illegal to use troops for domestic law enforcement, the Insurrection Act allows exceptions. After some demonstrations against police violence in 2020 became riots, Mr. Trump had an order drafted to use troops to crack down on protesters in Washington, D.C., but didn’t sign it. He suggested at a rally in Iowa this year that he intends to unilaterally send troops into Democratic-run cities to enforce public order in general.“You look at any Democrat-run state, and it’s just not the same — it doesn’t work,” Mr. Trump told the crowd, calling cities like New York, Chicago, Los Angeles and San Francisco crime dens. “We cannot let it happen any longer. And one of the other things I’ll do — because you’re supposed to not be involved in that, you just have to be asked by the governor or the mayor to come in — the next time, I’m not waiting.”Mr. Trump’s plans to purge undocumented immigrants include sweeping raids, huge detention camps, deportations on the scale of millions per year, stopping asylum, trying to end birthright citizenship for babies born on U.S. soil to undocumented parents and invoking the Insurrection Act near the southern border to also use troops as immigration agents.Mr. Trump has sweeping plans to deal with undocumented immigrants.Verónica G. Cárdenas for The New York TimesMr. Trump would seek to expand presidential power in myriad ways — concentrating greater authority over the executive branch in the White House, ending the independence of agencies Congress set up to operate outside of presidential control and reducing civil service protections to make it easier to fire and replace tens of thousands of government workers.More than anything else, Mr. Trump’s vow to use the Justice Department to wreak vengeance against his adversaries is a naked challenge to democratic values. Building on how he tried to get prosecutors to go after his enemies while in office, it would end the post-Watergate norm of investigative independence from White House political control.In all these efforts, Mr. Trump would be backed in a second term by a well-funded outside infrastructure. In 2016, conservative think tanks were bastions of George W. Bush-style Republicanism. But new ones run by Trump administration veterans have sprung up, and the venerable Heritage Foundation has refashioned itself to stay in step with Trumpism.A coalition has been drawing up America First-style policy plans, nicknamed Project 2025. (Mr. Trump’s campaign has expressed appreciation but said only plans announced by him or his campaign count.) While some proposals under development in such places would advance longstanding Republican megadonor goals, such as curbing regulations on businesses, others are more tuned to Mr. Trump’s personal interests.The Center for Renewing America, for example, has published a paper titled “The U.S. Justice Department Is Not Independent.” The paper was written by Jeffrey Clark, whom Mr. Trump nearly made acting attorney general to aid his attempt to subvert the election and is facing criminal charges in Georgia in connection with that effort.Asked for comment, a spokesman for Mr. Trump did not address specifics but instead criticized The New York Times while calling Mr. Trump “strong on crime.”Weakened GuardrailsEven running in 2016, Mr. Trump flouted democratic norms.He falsely portrayed his loss in the Iowa caucuses as fraud and suggested he would treat the results of the general election as legitimate only if he won. He threatened to imprison Hillary Clinton, smeared Mexican immigrants as rapists and promised to bar Muslims from entering the United States. He offered to pay the legal bills of any supporters who beat up protesters at his rallies and stoked hatred against reporters covering his events.In office, Mr. Trump refused to divest from his businesses, and people courting his favor booked expensive blocks of rooms in his hotels. Despite an anti-nepotism law, he gave White House jobs to his daughter and son-in-law. He used emergency power to spend more on a border wall than Congress authorized. His lawyers floated a pardon at his campaign chairman, whom Mr. Trump praised for not “flipping” as prosecutors tried unsuccessfully to get him to cooperate as a witness in the Russia inquiry; Mr. Trump later did pardon him.Mr. Trump’s daughter Ivanka Trump and son-in-law, Jared Kushner, received White House posts despite an anti-nepotism law.Al Drago for The New York TimesBut some of the most potentially serious of his violations of norms fell short of fruition.Mr. Trump pressured the Justice Department to prosecute his adversaries. The Justice Department opened several criminal investigations, from the scrutiny of former Secretary of State John Kerry and of the former F.B.I. director James B. Comey Jr. to the attempt by a special counsel, John Durham, to find a basis to charge Obama-era national security officials or Mrs. Clinton with crimes connected to the origins of the Russia investigation. But to Mr. Trump’s fury, prosecutors decided against bringing such charges.And neither effort for which he was impeached succeeded. Mr. Trump tried to coerce Ukraine into opening a criminal investigation into Mr. Biden by withholding military aid, but it did not cooperate. Mr. Trump sought to subvert his 2020 election loss and stoked the Capitol riot, but Vice President Mike Pence and congressional majorities rejected his attempt to stay in power.There is reason to believe various obstacles and bulwarks that limited Mr. Trump in his first term would be absent in a second one.Some of what Mr. Trump tried to do was thwarted by incompetence and dysfunction among his initial team. But over four years, those who stayed with him learned to wield power more effectively. After courts blocked his first, haphazardly crafted travel ban, for example, his team developed a version that the Supreme Court allowed to take effect.Four years of his appointments created an entrenched Republican supermajority on the Supreme Court that most likely would now side with him on some cases that he lost, such as the 5-to-4 decision in June 2020 that blocked him from ending a program that shields from deportation certain undocumented people who had been brought as children and grew up as Americans.Republicans in Congress were often partners and enablers — working with him to confirm judges and cut corporate taxes, while performing scant oversight. But a few key congressional Republicans occasionally denounced his rhetoric or checked his more disruptive proposals.In 2017, then-Senator Bob Corker rebuked Mr. Trump for making reckless threats toward North Korea on Twitter, and then-Senator John McCain provided the decisive vote against Mr. Trump’s push to rescind, with no replacement plan, a law that makes health insurance coverage widely available.It is likely that Republicans in Congress would be even more pliable in any second Trump term. The party has become more inured to and even enthusiastic about Mr. Trump’s willingness to cross lines. And Mr. Trump has worn down, outlasted, intimidated into submission or driven out leading Republican lawmakers who have independent standing and demonstrated occasional willingness to oppose him.Mr. McCain, who was the 2008 G.O.P. presidential nominee, died in 2018. Former Representative Liz Cheney, who voted to impeach Mr. Trump for inciting the Jan. 6, 2021, riot and helped lead the committee that investigated those events, lost her seat to a pro-Trump primary challenger. Senator Mitt Romney, the 2012 Republican presidential nominee and the only G.O.P. senator who voted to convict Mr. Trump at his first impeachment trial, is retiring.Representative Liz Cheney, center right, helped lead the investigation of the Jan. 6, 2021, attack on the Capitol and later lost a primary challenge to a pro-Trump candidate.Doug Mills/The New York TimesFear of violence by Trump supporters also enforces control. In recent books, both Mr. Romney and Ms. Cheney said that Republican colleagues, whom they did not name, told them they wanted to vote against Mr. Trump in the Jan. 6-related impeachment proceedings but did not do so out of fear for their and their families’ safety.Personnel Is PolicyPerhaps the most important check on Mr. Trump’s presidency was internal administration resistance to some of his more extreme demands. A parade of his own former high-level appointees has since warned that he is unfit to be president, including a former White House chief of staff, John F. Kelly; former defense secretaries Jim Mattis and Mark T. Esper; the former national security adviser John R. Bolton; former Attorney General William P. Barr; and others.Mr. Trump in turn has denounced them all as weak, stupid and disloyal. He has privately told those close to him that his biggest mistakes concerned the people he appointed, in particular his choices for attorney general. The advisers who have stuck with him are determined that if he wins a new term, there will be no officials who intentionally stymie his agenda.In addition to developing policy papers, the coalition of think tanks run by people aligned with Mr. Trump has been compiling a database of thousands of vetted potential recruits to hand to a transition team if he wins the election. Similar efforts are underway by former senior Trump administration officials to prepare to stock the government with lawyers likely to find ways to bless radical White House ideas rather than raising legal objections.Such staffing efforts would build on a shift in his final year as president. In 2020, Mr. Trump replaced advisers who had sought to check him and installed a young aide, John McEntee, to root out further officials deemed insufficiently loyal.Depending on Senate elections, confirming particularly contentious nominees to important positions might be challenging. But another norm violation Mr. Trump gradually developed was making aggressive use of his power to temporarily fill vacancies with “acting” heads for positions that are supposed to undergo Senate confirmation.In 2020, for example, Mr. Trump made Richard Grenell — a combative Trump ally and former ambassador to Germany — acting director of national intelligence. Two prior Trump-era intelligence leaders had angered Mr. Trump by defending an assessment that Russia had covertly tried to help his 2016 campaign and by informing Democratic leaders it was doing so again in 2020. Mr. Grenell instead won Mr. Trump’s praise by using the role to declassify sensitive materials that Republicans used to portray the Russia investigation as suspicious.Richard Grenell was one of the acting heads named by Mr. Trump for positions that are supposed to undergo Senate confirmation. He became acting director of national intelligence.Pete Marovich for The New York TimesAfter Mr. Trump left office, there were many proposals to codify into law democratic norms he violated. Ideas included tightening limits on presidents’ use of emergency powers, requiring disclosure of their taxes, giving teeth to a constitutional ban on outside payments and making it harder to abuse their pardon power and authority over prosecutors.In December 2021, when Democrats still controlled the House, it passed many such proposals as the Protecting Our Democracy Act. Every Republican but one — then-Representative Adam Kinzinger, who was retiring after having voted to impeach Mr. Trump after the Jan. 6 riot — voted against the bill, which died in the Senate.The debate on the House floor largely played out on a premise that reduced its urgency: Mr. Trump was gone. Democrats argued for viewing the reforms as being about future presidents, while Republicans dismissed it as an unnecessary swipe at Mr. Trump.“Donald Trump is — unfortunately — no longer president,” said Representative Rick Crawford, Republican of Arkansas. “Time to stop living in the past.” More

    • 138 Shares169 Views

      in Elections

      Trump’s Defense to Charge That He’s Anti-Democratic? Accuse Biden of It

      by

      Indicted over a plot to overturn an election and campaigning on promises to shatter democratic norms in a second term, Donald Trump wants voters to see Joe Biden as the bigger threat.Former President Donald J. Trump, who has been indicted by federal prosecutors for conspiracy to defraud the United States in connection with a plot to overturn the 2020 election, repeatedly claimed to supporters in Iowa on Saturday that it was President Biden who posed a severe threat to American democracy.While Mr. Trump shattered democratic norms throughout his presidency and has faced voter concerns that he would do so again in a second term, the former president in his speech repeatedly accused Mr. Biden of corrupting politics and waging a repressive “all-out war” on America.”Joe Biden is not the defender of American democracy,” he said. “Joe Biden is the destroyer of American democracy.”Mr. Trump has made similar attacks on Mr. Biden a staple of his speeches in Iowa and elsewhere. He frequently accuses the president broadly of corruption and of weaponizing the Justice Department to influence the 2024 election.But in his second of two Iowa speeches on Saturday, held at a community college gym in Cedar Rapids, Mr. Trump sharpened that line of attack, suggesting a more concerted effort by his campaign to defend against accusations that Mr. Trump has an anti-democratic bent — by going on offense.Polls have shown that significant percentages of voters in both parties are concerned about threats to democracy. During the midterm elections, candidates who embraced Mr. Trump’s lie that the 2020 election was stolen from him were defeated, even in races in which voters did not rank “democracy” as a top concern.Mr. Biden’s re-election campaign has frequently attacked Mr. Trump along those lines. In recent weeks, Biden aides and allies have called attention to news reports about plans being made by Mr. Trump and his allies that would undermine central elements of American democracy, governing and the rule of law.Mr. Trump and his campaign have sought to dismiss such concerns as a concoction to scare voters. But on Saturday, they tried to turn the Biden campaign’s arguments back against the president.At the Cedar Rapids event, aides and volunteers left placards with bold black-and-white lettering reading “Biden attacks democracy” on the seats and bleachers. At the start of Mr. Trump’s speech, that message was broadcast on a screen above the stage.Mr. Trump has a history of accusing his opponents of behavior that he himself is guilty of, the political equivalent of a “No, you are” playground retort. In a 2016 debate, when Hillary Clinton accused Mr. Trump of being a Russian puppet, Mr. Trump fired back with “You’re the puppet,” a comment he never explained.Mr. Trump’s accusations against Mr. Biden, which he referenced repeatedly throughout his speech, veered toward the conspiratorial. He claimed the president and his allies were seeking to control Americans’ speech, their behavior on social media and their purchases of cars and dishwashers.Without evidence, he accused Mr. Biden of being behind a nationwide effort to get Mr. Trump removed from the ballot in several states. And, as he has before, he claimed, again without evidence, that Mr. Biden was the mastermind behind the four criminal cases against him.Here, too, Mr. Trump conjured a nefarious-sounding presidential conspiracy, one with dark ramifications for ordinary Americans, not just for the former president being prosecuted. Mr. Biden and his allies “think they can do whatever they want,” Mr. Trump said — “break any law, tell any lie, ruin any life, trash any norm, and get away with anything they want. Anything they want.”Democrats suggested that the former president was projecting again.“Donald Trump’s America in 2025 is one where the government is his personal weapon to lock up his political enemies,” Ammar Moussa, a spokesman for Mr. Biden’s re-election campaign, said in a statement. “You don’t have to take our word for it — Trump has admitted it himself.”Even as he was insisting that Mr. Biden threatens democracy, Mr. Trump underscored his most antidemocratic campaign themes.Having said that he would use the Justice Department to “go after” the Biden family, on Saturday, he swore that he would “investigate every Marxist prosecutor in America for their illegal, racist-in-reverse enforcement of the law.”Mr. Trump has frequently decried the cases brought him against by Black prosecutors in New York and Atlanta as racist. (He does not apply that charge to the white special counsel in his two federal criminal cases, who he instead calls “deranged.”)Yet Mr. Trump himself has a history of racist statements.At an earlier event on Saturday, where he sought to undermine confidence in election integrity well before the 2024 election, he urged supporters in Ankeny, a predominantly white suburb of Des Moines, to take a closer look at election results next year in Detroit, Philadelphia and Atlanta, three cities with large Black populations in swing states that he lost in 2020.“You should go into some of these places, and we’ve got to watch those votes when they come in,” Mr. Trump said. “When they’re being, you know, shoved around in wheelbarrows and dumped on the floor and everyone’s saying, ‘What’s going on?’“We’re like a third-world nation,” he added.Mr. Trump’s speeches on Saturday reflected how sharply he is focused on the general election rather than the Republican primary contest, in which he holds a commanding lead.With just over six weeks until the Iowa caucus, Mr. Trump dismissed his Republican rivals, mocking them for polling well behind him and denouncing Gov. Ron DeSantis of Florida as disloyal for deciding to run against him.He also attacked Iowa’s Republican governor, Kim Reynolds, for endorsing Mr. DeSantis and suggested her popularity had tumbled after she had spurned Mr. Trump.“You know, with your governor we had an issue,” Mr. Trump said, prompting a chorus of boos.Ann Hinga Klein More

    • 150 Shares119 Views

      in Elections

      Book Review: ‘The Kingdom, the Power, and the Glory,’ by Tim Alberta

      by

      In his new book, “The Kingdom, the Power, and the Glory,” the journalist Tim Alberta subjects his faith’s embrace of right-wing extremism to critical scrutiny.THE KINGDOM, THE POWER, AND THE GLORY: American Evangelicals in an Age of Extremism, by Tim AlbertaWhat would Jesus do? It’s a question that the political journalist Tim Alberta takes seriously in his brave and absorbing new book, “The Kingdom, the Power, and the Glory,” pressing the evangelicals he meets to answer a version of it — even if a number of them clearly do not want to.Alberta, a staff writer for The Atlantic, asks how so many devout Christians could be in thrall to a figure like Donald Trump, whom he calls a “lecherous, impenitent scoundrel.” According to one of the scoops in the book, Trump himself used decidedly less vivid language to describe the evangelicals who supported Senator Ted Cruz in the 2016 Republican primaries, telling an Iowa Republican official: “You know, these so-called Christians hanging around with Ted are some real pieces of shit.” Many of Cruz’s evangelical supporters eventually backed Trump in 2016; in the 2020 election, Trump increased his share of the white evangelical vote even more, to a whopping 84 percent.This phenomenon, Alberta says, cannot simply be a matter of evangelicals mobilizing against abortion access and trying to save lives; after all, they have kept remarkably quiet when it comes to showing compassion for refugees or curbing gun violence, which is now, as Alberta notes, the leading cause of death for children in the United States.What he finds instead is that under the veneer of Christian modesty simmers an explosive rage, propelling Americans who piously declare their fealty to Jesus to act as though their highest calling is to own the libs. No wonder the popular image of evangelicalism, according to one disillusioned preacher, has devolved into “Mister Rogers with a blowtorch.”Alberta’s previous book, “American Carnage” (2019), detailed Trump’s takeover of the Republican Party. His new book reads like a sequel, tracing the Trumpian takeover of American evangelicalism, but this time Alberta begins with his very personal connection to his subject. He is “a believer in Jesus Christ,” he writes, “the son of an evangelical minister, raised in a conservative church in a conservative community,” a suburb of Detroit.In the summer of 2019, just after “American Carnage” was published, his father died suddenly of a heart attack. At Cornerstone, his father’s church, some of the congregants approached the grieving Alberta not to console him but to complain about his journalism, demanding to know if he was on “the right side.” One church elder wrote a letter to Alberta complaining about the “deep state” and accusing him of treason.The experience was so surreal that Alberta decided to find out what had happened to his religious community. During Trump’s presidency, his father had moved farther to the right, but despite their differences their love for each other was undiminished. Alberta interviewed his father’s handpicked successor, Chris Winans, who is “not a conservative Republican” and spoke candidly about how “God’s people” have always had to contend with worldly temptations that could lead them astray: “I want to be in power, I want to have influence, I want to be prosperous, I want to have security.” Many of Winans’s congregants left for a church down the road that preached the kind of “blood-and-soil Christian nationalism” they wanted to hear. “The church is supposed to challenge us,” Winans says. “But a lot of these folks don’t want to be challenged.”“The Kingdom, the Power, and the Glory” charts a transformation in evangelicalism, from a midcentury moment when white American Christians were such a dominant force in the country that many could “afford to forget politics” to a time when many more feel, as one prominent pastor puts it, “under siege.” Alberta suggests that this panic has less to do with any existential threat to American Christianity than a rattled presumption of privilege. “Humility doesn’t come easy to the American evangelical,” he writes. “We are an immodest and excessively indulged people.”A crisis of leadership has compounded the problem. Alberta offers a deeply reported account of the cascading scandals that have consumed Liberty University, an “insular, paranoid family business” coupling authoritarian rules with “flagrant misconduct.” (Jerry Falwell Jr., the former president of Liberty and the son of its founder, was already indulging his “tyrannical instincts” long before “he became ensnared in a love triangle with his wife and a Miami pool boy,” Alberta writes.) Another chapter describes the struggle to bring to account pastors who victimized congregants in a church that has become “institutionally desensitized” to sexual abuse.Alberta takes heart that new congregations are springing up in unlikely places. Attending a service in an Atlanta distillery, he sees people who are there “to be discipled, not demagogued.” But his reporting keeps leading him to opportunistic impresarios who realize that the painstaking work of building a congregation can be made infinitely easier with expedient shortcuts. Political mudslinging offers a “dopamine rush.” Exaggerating threats and calling the other side evil means that whatever you do, no matter how outrageous or cruel or contrary to Scripture, can be defended as righteous.In 2021, at a rowdy protest against pandemic shutdowns hosted by FloodGate Church in Michigan, a few miles from Cornerstone, Alberta saw a lot of American flags in the sanctuary but not a single cross. “I couldn’t suppress a feeling of absolute disgust,” he writes about the spectacle that followed. To get a fuller picture, he returned repeatedly to FloodGate and talked to its pastor, but the church was committed to political warfare at all costs. “I never ceased to be aghast at what I heard,” he writes.For the most part, though, Alberta hangs back, letting the people he interviews say what they want — or refuse to say what they don’t. The most belligerent culture warriors tend to shy away from talking about helping immigrants and the poor, since bashing the left tends to stimulate conservative passions more reliably than trying to teach Jesus’ example of good deeds and turning the other cheek. The dynamic turns out to be mutually reinforcing — or mutually destructive. One preacher, a “former Southern Baptist,” says that pastors are now “afraid of their own congregants.”It’s a situation that recalls Alberta’s account in “American Carnage,” in which establishment Republicans naïvely thought they could use Trumpism to their advantage while maintaining control over their party and constituents. “Those fabled gatekeepers who once kept crackpots away from positions of authority no longer existed,” Alberta writes in “The Kingdom, the Power, and the Glory.” Instead of issuing guidance, too many “so-called shepherds” resort to pandering — and their congregants end up even more wayward than before.At an event organized by the Faith and Freedom Coalition, Alberta meets a man selling T-shirts emblazoned with “Let’s Go Brandon,” the conservative chant that stands in for a four-letter expletive directed at Joe Biden. The T-shirts include the hashtag #FJB as a handy reminder. The proprietor explains that his merchandise is responding to the fact that “we’ve taken God out of America.”Alberta asks the man whether the #FJB is an appropriate way to bring God back. “People keep on asking for it,” he replies with a shrug. “You’ve got to give the people what they want.”THE KINGDOM, THE POWER, AND THE GLORY: American Evangelicals in an Age of Extremism | More

    • 150 Shares139 Views

      in Elections

      Appeals Court Says Jan. 6 Suits Against Trump Can Proceed for Now

      by

      The court left open the possibility that the former president could still prevail in his effort to claim immunity from civil cases seeking to hold him accountable for the violence.A federal appeals court ruled on Friday that civil lawsuits seeking to hold former President Donald J. Trump accountable for the violence that erupted at the Capitol on Jan. 6, 2021, can move forward for now, rejecting a broad assertion of immunity that Mr. Trump’s legal team had invoked to try to get the cases dismissed.But the decision, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia, left open the possibility that Mr. Trump could still prevail in his immunity claims after he makes further arguments as to why his fiery speech to supporters near the White House on Jan. 6 should be considered an official presidential act, rather than part of his re-election campaign.The Supreme Court has held that the Constitution gives presidents immunity from being sued over actions taken as part of their official duties, but not from suits based on private, unofficial acts. The civil cases brought against Mr. Trump have raised the question of which role he was playing at the rally he staged on Jan. 6, when he told supporters to “fight like hell” and urged them to march to the Capitol.Essentially, the appeals court ruled that at this stage of the case, that question has yet to be definitively answered. It said Mr. Trump must be given an opportunity to present factual evidence to rebut the plaintiffs’ claims that the rally was a campaign event — scrutinizing issues like whether campaign officials had organized it and campaign funds were used to pay for it.“Because our decision is not necessarily even the final word on the issue of presidential immunity, we of course express no view on the ultimate merits of the claims against President Trump,” Judge Sri Srinivasan wrote for the panel.He added: “In the proceedings ahead in the district court, President Trump will have the opportunity to show that his alleged actions in the run-up to and on Jan. 6 were taken in his official capacity as president rather than in his unofficial capacity as presidential candidate.”The panel’s decision to allow the three civil cases to proceed for now in Federal District Court in Washington adds to the array of legal woes that Mr. Trump is facing as he runs again for president.The ruling comes as the former president has mounted a parallel effort to get the criminal indictment he faces on charges of plotting to overturn the 2020 election dismissed based on a similar claim of immunity. The federal judge overseeing that case rejected those claims on Friday night.After the Capitol attack, a number of plaintiffs, including members of Congress and police officers who were caught up in or injured during the riot, filed lawsuits against Mr. Trump, blaming him for inciting the mob on Jan. 6 with the speech he gave that day.Mr. Trump sought to have the cases dismissed at the outset for several reasons, including a claim that his act of speaking to the public about a matter of public concern was an official action, so he was immune from being sued over it. The plaintiffs, by contrast, maintained that the rally and speech were campaign events.When considering a motion to dismiss, judges decide whether a lawsuit should be thrown out even if they assume that everything plaintiffs claim is true. In February 2022, the trial judge, Amit P. Mehta, rejected Mr. Trump’s arguments and allowed the case to proceed. Mr. Trump then appealed Judge Mehta’s ruling.The appeals court acknowledged that legal precedents have long protected a president from being sued for actions undertaken as part of his job. But it rejected Mr. Trump’s categorical view that any time a president is speaking about matters of public concern, it should be considered an official act.“When a first-term president opts to seek a second term, his campaign to win re-election is not an official presidential act,” Judge Srinivasan wrote. “The office of the presidency as an institution is agnostic about who will occupy it next. And campaigning to gain that office is not an official act of the office.”Kristy Parker, a lawyer for Protect Democracy, which is helping to represent two Capitol Police officers who sued Mr. Trump, praised the decision. “This decision is a significant step forward in establishing that no one is above the law, including a sitting president,” she said.Joe Sellers, who represented the congressional plaintiffs, said the ruling was “a crucial step closer to holding the former president accountable for the harm brought on members of Congress and on our democracy itself.”Steven Cheung, a spokesman for Mr. Trump’s campaign, said the court’s decision was “limited, narrow and procedural,” adding that “the facts fully show that on Jan. 6 President Trump was acting on behalf of the American people, carrying out his duties as president of the United States.”The appellate panel that issued the decision included two appointees of Democratic presidents, Judge Srinivasan, who wrote the main 54-page opinion, and Judge Judith W. Rogers, who filed a narrower concurring opinion. She agreed with most of the main opinion, but thought a section that instructed Judge Mehta about how to evaluate whatever additional facts arise was unnecessary.The third member was Judge Gregory G. Katsas, who was appointed by Mr. Trump. He also filed a shorter concurring opinion, stressing that courts should try to sort through the ambiguity by looking at objective factors, like whether White House or campaign resources were used to organize and pay for the rally, rather than trying to parse Mr. Trump’s motives.The issue of presidential immunity is also an important aspect of Mr. Trump’s attempts to invalidate the election interference indictment filed against him in Washington by the special counsel, Jack Smith.The Justice Department has long maintained a policy that sitting presidents cannot be charged. But Mr. Trump’s motion to dismiss the criminal case on grounds that his actions were official ones was a remarkable attempt to extend the protections afforded to the presidency in his favor.Mr. Trump’s lawyers essentially claimed that all of the steps he took to subvert the election he lost to President Biden were not crimes, but rather examples of performing his presidential duties to ensure the integrity of a race he believed had been stolen from him.Judge Tanya S. Chutkan, who is overseeing the criminal case, had little patience for such arguments in her ruling on Friday, saying that neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.If Mr. Trump’s lawyers challenge her decision, as expected, they will most likely have to make a detailed finding to the appeals court that his efforts to overturn the outcome in 2020 were not undertaken as part of his re-election campaign but rather in his official role as chief executive.Win or lose, the lawyers are hoping that a protracted appeal will require moving the election trial — now set to start in March — until after the 2024 election is decided. More