Presidential Election of 2020

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      Trump’s Lawyers Should Have Known Better

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      At a pivotal moment during one of the Watergate hearings in 1973, President Richard Nixon’s counsel, John Dean, asked a question that still resonates: “How in God’s name could so many lawyers get involved in something like this?”In the aftermath of Nixon’s resignation, the issue posed by Mr. Dean’s bracing question triggered a revolution in the legal profession. With so many lawyers involved in the Watergate criminal scheme, the American Bar Association started requiring law schools to provide ethics instruction or risk losing their accreditation. Exams began testing law students’ knowledge of intricate ethical rules.It wasn’t enough, if the past few weeks are any guide. In Fulton County, Ga., three of former President Donald Trump’s lawyers — Kenneth Chesebro, Sidney Powell and Jenna Ellis — have now pleaded guilty to crimes in service of Mr. Trump’s scheme to overturn the 2020 election and stay in the White House. All three have agreed to cooperate with prosecutors in the sprawling state RICO case against Mr. Trump. Two other Trump lawyers, Rudy Giuliani and John Eastman, still face criminal charges in the Georgia case. They, along with Mr. Chesebro and Ms. Powell, have also been identified as unindicted co-conspirators in the related federal prosecution of Mr. Trump, which will probably benefit from the guilty pleas in Georgia.The charges in the plea agreements vary, but the underlying story is the same: Fifty years after Watergate, the nation is once again confronted with a president who grossly abused the powers of his office, leading to criminal prosecutions. And once again, that abuse relied heavily on the involvement of lawyers. If Mr. Trump’s 2020 racket was “a coup in search of a legal theory,” as one federal judge put it, these lawyers provided the theory, and the phony facts to back it up. In doing so, they severely tarnished their profession.How in God’s name? The question is no less urgent now than in 1973. Lawyers hold immense power within the American system of government, which depends on their expertise, and their integrity, to function. Those who abuse this power pose an even greater threat to the country than some random Capitol rioter, because we count on them not only to draft and execute the laws but to follow them — to lead by example. Everyone should behave ethically, of course, but despite the “Better-Call-Saul” reputation of so many lawyers, there’s nothing wrong with holding the profession to a higher standard.One can view the guilty pleas by the Trump lawyers as evidence that the system is working as it should. They broke the law, they violated their ethical obligations, and now they are facing the music — not only in the courts, but from their chosen profession. Mr. Giuliani’s New York law license was suspended for his “demonstrably false and misleading statements” on Mr. Trump’s behalf; the District of Columbia’s bar association has recommended he lose his license there for good. Ms. Ellis was censured by Colorado state bar officials for violating the rule against “reckless, knowing, or intentional misrepresentations by attorneys,” and may face more severe consequences in light of her guilty plea.Mr. Eastman, a former law-school dean and one of the key legal architects of Mr. Trump’s bonkers plot to stay in office, is in the final days of his California disbarment trial for ethical violations. Officials there have argued that his conduct was “fundamentally dishonest and intended to obstruct the lawful certification” of President Biden’s victory.All of this is to the good. Careers are rightly ruined over such behavior. It is also the exception to the rule. In the real world, lawyers rarely face any consequences for their legal or ethical transgressions.“It’s a club,” said Stephen Gillers, a legal-ethics expert at New York University School of Law who has studied the profession’s opaque and feckless disciplinary system. “The judges who make the decisions are lawyers in robes. They tend to be sympathetic to the other lawyer.”And it’s hard to gloss over the fact that a disturbing number of experienced attorneys, some of whom once held prestigious posts in government and academia, were willing and eager to tell transparent lies and concoct laughable legal arguments to help a con man stay in the White House against the will of the American people.“Part of the reason Trump had to resort to attorneys to attempt the overthrow of the election was because the military was not available to him,” Norm Eisen, a senior fellow at the Brookings Institution, told me. Recalling the notorious Dec. 18, 2020, Oval Office meeting, during which the former president openly contemplated ordering the armed forces to seize voting machines, Mr. Eisen said, “It’s a testament to our military leaders, to our military culture, that that door was closed.”The same cannot be said, alas, for America’s legal culture. It’s easy enough to understand why Mr. Trump, who was mentored by the ruthless mob lawyer Roy Cohn, would seek out lawyers who were willing to do whatever he asked, legality and ethics be damned. The more troubling question is how he was able to find so many takers.The obvious answer is the eternal seduction of money and power. Laurence Tribe, one of the nation’s foremost constitutional scholars, fell back on that explanation for the choices made by Mr. Chesebro, his former student, referring to him as a “moral chameleon” who was engaged in deeply dishonest lawyering.Related to this is the intense pressure to satisfy the demands of powerful clients, even if it means bringing lawsuits so frivolous that they can result in legal sanctions, as many of Mr. Trump’s lawyers have learned the hard way.There is an important caveat here: Many government and private lawyers in 2020, faced with Mr. Trump’s illegal and unconstitutional demands, resisted the temptation and behaved honorably. From the White House counsel’s office to the Justice Department to top law firms, some key attorneys held the line.“What was one of the determinative factors in Trump’s coup failing?” asked Ian Bassin, executive director of the advocacy group Protect Democracy. “Responsible lawyers refused to participate.”That explains why many of the lawyers caught up in Mr. Trump’s outrageous plot were not what you might call the cream of the crop. They were grifters, shysters, hair-dye-leakers, tapped primarily because Mr. Trump had trouble finding more serious people to make his case. And yet there were still those with more respectable backgrounds, like Mr. Chesebro, who chose to sell their honor to a man devoid of it, and who they should have known wasn’t going to pay them anyway. In the end, they were all smeared with the humiliation of having filed meritless, fact-free cases. With one minor exception, federal and state courts rejected every lawsuit brought on behalf of Mr. Trump.To a degree many people didn’t fully realize until the past few years, the functioning of American government depends on honor. “There are no guarantees in a democracy,” Mr. Eisen said. “Our rule of law is a central part of what defines our democratic system. Ultimately it comes down to whether the majority of people will do the right thing.”When it comes to lawyers, the choices of just a few can make all the difference.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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      The G.O.P. Goes Full-on Extremist

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      There are no moderate Republicans in the House of Representatives.Oh, no doubt some members are privately appalled by the views of Mike Johnson, the new speaker. But what they think in the privacy of their own minds isn’t important. What matters is what they do — and every single one of them went along with the selection of a radical extremist.In fact, Johnson is more extreme than most people, I think even political reporters, fully realize.Much of the reporting on Johnson has, understandably, focused on his role in the efforts to overturn the 2020 election. Let me say, by the way, that the widely used term “election denial” is a euphemism that softens and blurs what we’re really talking about. Trying to keep your party in power after it lost a free and fair election, without a shred of evidence of significant fraud, isn’t just denial; it’s a betrayal of democracy.There has also been considerable coverage of Johnson’s right-wing social views, but I’m not sure how many people grasp the depth of his intolerance. Johnson isn’t just someone who wants to legalize discrimination against L.G.B.T.Q. Americans and ban gay marriage; he’s on record as defending the criminalization of gay sex.But Johnson’s extremism, and that of the party that chose him, goes beyond rejecting democracy and trying to turn back the clock on decades of social progress. He has also espoused a startlingly reactionary economic agenda.Until his sudden elevation to speaker, Johnson was a relatively little-known figure. But he did serve for a time as chairman of the Republican Study Committee, a group that devises policy proposals. And now that Johnson has become the face of his party, people really should look at the budget proposal the committee released for 2020 under his chairmanship.For if you read that proposal carefully, getting past the often mealy-mouthed language, you realize that it calls for the evisceration of the U.S. social safety net — not just programs for the poor, but also policies that form the bedrock of financial stability for the American middle class.Start with Social Security, where the budget calls for raising the retirement age — already set to rise to 67 — to 69 or 70, with possible further increases as life expectancy rises.On the surface, this might sound plausible. Until Covid produced a huge drop, average U.S. life expectancy at age 65 was steadily rising over time. But there is a huge and growing gap between the number of years affluent Americans can expect to live and life expectancy for lower-income groups, including not just the poor but also much of the working class. So raising the retirement age would fall hard on less fortunate Americans — precisely the people who depend most on Social Security.Then there’s Medicare, for which the budget proposes increasing the eligibility age “so it is aligned with the normal retirement age for Social Security and then indexing this age to life expectancy.” Translation: Raise the Medicare age from 65 to 70, then keep raising it.Wait, there’s more. Most nonelderly Americans receive health insurance through their employers. But this system depends greatly on policies that the study committee proposed eliminating. You see, benefits don’t count as taxable income — but in order to maintain this tax advantage, companies (roughly speaking) must cover all their employees, as opposed to offering benefits only to highly compensated individuals.The committee budget would eliminate this incentive for broad coverage by limiting the tax deduction for employer benefits and offering the same deduction for insurance purchased by individuals. As a result, some employers would probably just give their top earners cash, which they could use to buy expensive individual plans, while dropping coverage for the rest of their workers.Oh, and it goes almost without saying that the budget would impose savage cuts — $3 trillion over a decade — on Medicaid, children’s health coverage and subsidies that help lower-income Americans afford insurance under the Affordable Care Act.How many Americans would lose health insurance under these proposals? Back in 2017 the Congressional Budget Office estimated that Donald Trump’s attempt to repeal Obamacare would cause 23 million Americans to lose coverage. The Republican Study Committee’s proposals are far more draconian and far-reaching, so the losses would presumably be much bigger.So Mike Johnson is on record advocating policies on retirement, health care and other areas I don’t have space to get into, like food stamps, that would basically end American society as we know it. We would become a vastly crueler and less secure nation, with far more sheer misery.I think it’s safe to say that these proposals would be hugely unpopular — if voters knew about them. But will they?Actually, I’d like to see some focus groups asking what Americans think of Johnson’s policy positions. Here’s my guess, based on previous experience: Many voters will simply refuse to believe that prominent Republicans, let alone the speaker of the House, are really advocating such terrible things.But they are and he is. The G.O.P. has gone full-on extremist, on economic as well as social issues. The question now is whether the American public will notice.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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      Trump’s Extremists Are Now In Charge of the House

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      The three-week battle to choose a House speaker may be over, yet the fallout for the United States and its reputation as a sound government and a beacon of democracy will be long-lasting and profound.The Republicans in the House unanimously voted for a man who made it his mission to try to overturn the 2020 presidential election, who put the political whims and needs of former President Donald Trump ahead of the interests and will of the American people. A party that once cared deeply about America as the leader of the free world, and believed in the strength, dependability and bipartisan consensus that such a role required, has largely given way to a party now devoted to an extremism that is an active threat to liberal values and American stability.Americans and the world are starting to get to know Mike Johnson, now the second in line to the presidency, and it’s a troubling introduction. Donald Trump may not be in the White House, but Trumpism as an institution has transcended the man and provided the operating principles for the House of Representatives and much of the Republican Party.Those operating principles include allowing Mr. Trump to all but select the speaker, and elevating, in Mr. Johnson, one of the party’s most prominent election deniers. It has been disturbing to watch the slide from Republican speakers like Paul Ryan and John Boehner, who denounced attempts to challenge the election results, to the hemming-and-hawing of Kevin McCarthy, to the full-blown anti-democratic stands of Mr. Johnson. And it has certainly been a long slide from the party of Ronald Reagan — whose 11th Commandment was not speaking ill of other Republicans and who envisioned the party as a big tent — to the extremism, purity tests and chaos of the House Republican conference this year.Every Republican present in the chamber voted on Wednesday for Mr. Johnson, reflecting the exhaustion of a party that has been ridiculed for incoherence since it deposed Mr. McCarthy for working with Democrats to fulfill the basic function of Congress, to fund the federal government. The choice of Mr. Johnson came after Mr. Trump helped engineer the result by torpedoing a more moderate candidate, setting the stage for the 2024 presidential election to unfold with someone in the speaker’s chair who has proved his willingness to go great lengths to overturn a free and fair vote.It’s obvious why the former president was so supportive of the new speaker. Mr. Johnson was “the most important architect of the Electoral College objections” to Mr. Trump’s loss in 2020, as a New York Times investigation found last year. He made unfounded arguments questioning the constitutionality of state voting rules, he agreed with Mr. Trump that the election was “rigged,” cast doubt on voting machines, and supported a host of other baseless and unconstitutional theories that ultimately led to a violent insurrection at the Capitol on Jan. 6, 2021.Mr. Johnson now refuses to talk about his leading role in that shameful drama. When a reporter for ABC News tried to ask him about it on Tuesday night, he would not respond; his fellow Republicans booed the question, and one yelled at the reporter to “shut up.” Such questions cannot be dismissed when Mr. Trump is the leading candidate for the Republican presidential nomination. Though changes in the law and Democratic control of the Senate make it much harder for the House of Representatives to impede certification of the vote, the American public deserves a speaker of the House who will uphold the will of the people, not someone willing to bend the rules of an election for his own side.More immediately, while his election as speaker will make it possible for the House to continue functioning, it is not clear that Mr. Johnson is committed to the work of actually governing. At the end of September, he voted against the stopgap spending measure negotiated by Mr. McCarthy that prevented a government shutdown. That bill was an important litmus test; Mr. McCarthy brought it to a vote and got it passed with bipartisan support, over the objections of Mr. Trump, leading to his downfall as speaker. Two other Republican speaker candidates, Tom Emmer and Steve Scalise, also voted for it — and were also vetoed by the extreme right.Mr. Johnson now says he would support another temporary stopgap to give the House time to pass drastic spending cuts. That promise may have won over the Republicans who blocked the candidacy of another extremist, Jim Jordan, last week. But Mr. Johnson’s voting record so far leaves little doubt that he prefers the performance of taking positions to actual lawmaking.This leaves Congress in a precarious state. The 22 days of indecision, backbiting and bullying that followed Mr. McCarthy’s ouster did significant damage to the reputation of the United States as a country that knows how to govern itself. One of the country’s two major political parties sent a piercing signal to the world and the nation that it is no longer a reliable custodian of the legislative branch — and many party members knew it.“This is junior-high stuff,” Representative Steve Womack, Republican of Arkansas, said a few days ago. “We get wrapped around the axle of a lot of nonsensical things. But, yes, the world is burning around us. We’re fiddling; we don’t have a strategy.”Nevertheless, Mr. Womack voted for Mr. Johnson. His preferred choice was Mr. Emmer, a Republican whose views are more moderate and who might have led the party out of its hard-line cul-de-sac. Mr. Emmer had the support of many other Republicans, but his candidacy never even got to the House floor for a vote.That’s because Mr. Trump exacted retribution for Mr. Emmer’s willingness to recognize the true outcome of the 2020 election. Mr. Emmer voted to certify those results, defying Mr. Trump, and the former president has never forgiven him. On Tuesday, he denounced Mr. Emmer on social media as a “globalist” and a fake Republican who never respected the MAGA movement. After Mr. Emmer dropped out in the face of growing opposition from the far right, Mr. Trump boasted to a friend: “I killed him.”Mr. Johnson will take control of the House at a moment when the United States needs to demonstrate leadership on the world stage. One of the most important decisions is coming right up: Will Mr. Johnson support Mr. Biden’s request for nearly $106 billion for aid to Ukraine and Israel? He has already voted against most bills to support Ukraine’s fight against Russian aggression.As speaker of the House, he plays a crucial role in the legislative system, determining the agenda by choosing which bills will reach the House floor for a vote, supervising committee appointments, and hammering out compromises to get legislation passed. (Nancy Pelosi, for example, demonstrated make-or-break leadership in creating the Affordable Care Act.)Mr. Johnson believes that the “true existential threat to the country” is immigration and led the Republican Study Committee, the largest group of conservatives in the House, which issued a plan to erode the Affordable Care Act, Medicare and Medicaid. It also refers to free public education as “socialist-inspired.”On social issues, Mr. Johnson has also embraced the positions of the hard right. He supported state laws that criminalized gay sex, and wrote in 2004 that gay marriage would “place our entire democratic system in jeopardy” and lead to people marrying their pets. As a congressman, he celebrated the demise of Roe v. Wade in 2022.It bears repeating that this Trump loyalist is now second in line to the presidency. The former president has never accepted being out of the White House, and it’s clear he still commands firm control over half of the Capitol building.Source photograph by Brendan Hoffman/Getty Images.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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      Where Mike Johnson Stands on Key Issues: Ukraine, LGBTQ Rights and More

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      The new House speaker, an evangelical Christian, has a staunchly conservative record on gay rights, abortion, gun safety and more.Speaker Mike Johnson, the little-known congressman from Louisiana who won the gavel on Wednesday, is deeply conservative on both fiscal and social issues, reflecting the G.O.P.’s sharp lurch to the right.Mr. Johnson, a lawyer, also played a leading role in former President Donald J. Trump’s efforts to overturn the 2020 election, helping to push a lawsuit to throw out the results in four battleground states he lost and then offering members of Congress a legal argument upon which to justify their votes to invalidate the results.He has a career rating of 92 percent from the American Conservative Union and 90 percent from Heritage Action for America.Here’s where he stands on six key issues.Government fundingMr. Johnson is a fiscal conservative who believes Congress has a “moral and constitutional duty” to balance the budget, lower spending and “pursue continued pro-growth tax reforms and permanent tax reductions,” according to his website.He voted in favor of the deal in May to suspend the debt ceiling negotiated between former Speaker Kevin McCarthy and the Biden administration. But alongside 89 other Republicans, Mr. Johnson voted against the stopgap funding bill Mr. McCarthy put forth last month to stave off a government shutdown just hours before it was to commence. That bill ultimately passed with more Democratic than Republican support and cost Mr. McCarthy the gavel.In a letter this week, before he was elected speaker, Mr. Johnson proposed a short-term funding bill to avoid a shutdown and an aggressive calendar for passing yearlong spending bills in the interim. But he did not specify what spending levels he would support in the temporary bill, and many Republicans have refused to back such measures without substantial cuts that cannot pass the Democratic-controlled Senate or be signed by President Biden.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please More

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      Could Mike Johnson, the New House Speaker, Undermine the 2024 Election?

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      The Louisiana Republican played a pivotal role in efforts to overturn the 2020 election. But his elevation to the top post in the House does not give him special powers in the certification process if he tries again.Ever since Speaker Mike Johnson of Louisiana assumed office on Wednesday, a question has been on Democrats’ minds: Could the elevation of Mr. Johnson, who worked in league with former President Donald J. Trump in trying to undermine the 2020 election results, allow him to succeed in 2024 where he failed the last time?The speakership, which is second in line to the presidency, comes with broad powers over the functioning of the House. And Mr. Johnson, a constitutional lawyer whose stature in his party has grown with his election to the top post, could try again to interfere. But there are several reasons that Mr. Johnson’s new job alone would not allow him special powers to overturn the will of the voters unilaterally.Here’s how it works.The vice president, not the speaker, presides over Congress’s counting of electoral votes.When Mr. Trump was attempting to overturn the results of the 2020 election, his pressure campaign focused on his own vice president, Mike Pence, who was presiding over the joint session of Congress on Jan. 6, 2021, to count the electoral votes. Mr. Trump encouraged Mr. Pence to throw out legitimate votes in favor of false slates of electors, a move Mr. Pence said was unconstitutional.Vice President Kamala Harris is in line to preside over the joint session on Jan. 6, 2025, when Congress will meet in a joint session to certify the results of the 2024 election. The speaker has no special role in the proceedings.Johnson may not even be speaker by then.Mr. Johnson, 51, just became speaker, but his term will expire before Jan. 6, 2025.Should Democrats prevail in the House in the 2024 election — an outcome many analysts see as a strong possibility — a Democrat would take over control of the chamber, likely the current minority leader, Representative Hakeem Jeffries of New York.Should Republicans hold the House, Mr. Johnson would need to win another leadership election among his party. Given how raucous the Republican conference has been in recent months, that’s not a sure thing either.The Electoral Count Reform Act has tightened safeguards.In the aftermath of Mr. Trump’s attempt to cling to power, a bipartisan group of lawmakers, led by Senator Susan Collins, Republican of Maine, passed a reform bill to try to ensure no similar plan could be carried out in the future.The new law makes clear that a vice president’s role in counting electoral votes is “solely ministerial,” with no power to reject electors. It also requires that one-fifth of both the House and Senate sign on before any objection to state’s electors can be heard. The law also limits the grounds for objections.Republicans who defend Mr. Johnson’s actions related to the 2020 election note that Democrats have objected to certain states’ electors during previous congressional certifications. But they have never done so as part of an organized campaign directed by their candidate, with false slates of electors being put forward and a violent mob assembled at the Capitol demanding that the election results be reversed. Mr. Johnson could still attempt to undermine the election.While Mr. Johnson cannot unilaterally overturn the 2024 election, he could attempt other extreme steps to try to interfere with certification.For example, Mr. Johnson could use the power of his bully pulpit and his status as a party leader to organize Republican lawsuits or pressure state boards of elections to throw out legitimate votes. He could attempt to refuse to seat new Democratic members of the House.“His main power would be as party leader,” said Representative Jamie Raskin, Democrat of Maryland, who served on the House Jan. 6 committee.Mr. Johnson also could demand that Republicans in Congress vote as a bloc on Jan. 6, 2025, against certifying election results. But he would need 20 percent of both chambers to agree to object, and then a majority of both chambers to vote to sustain the objection.Should that occur, the presidential election could fall to a contingent election of the House, in which state delegations would decide who became the next president. Such a scenario — in which the House selected a president who had lost at the ballot box — would almost certainly end up in the courts.Those who have studied the reforms to the Electoral Count Act see it as highly unlikely that Mr. Johnson could lead enough Republicans in both chambers against the will of the voters.“The election deniers are far from having 51 votes in the United States Senate, and that’s not going to change for many, many years,” said Norman L. Eisen, who was a special counsel to the House Judiciary Committee and testified on the need for reform legislation. “Fortunately, the Electoral Count Reform Act has closed off many of the avenues that would be available to mischief makers. But given his history, we will have to be on our guard.” More

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      The House Finally Has a Speaker

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      Michael Simon Johnson and Rachel Quester and Dan Powell and Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicWarning: this episode contains strong language.After 21 days without a leader, and after cycling through four nominees, House Republicans have finally elected a speaker. They chose Representative Mike Johnson of Louisiana, a hard-right conservative best known for leading congressional efforts to overturn the 2020 election.Luke Broadwater, a congressional reporter for The Times, was at the capitol when it happened.On today’s episodeLuke Broadwater, a congressional correspondent for The New York Times.Representative Mike Johnson of Louisiana won the election on Wednesday to become the 56th speaker of the House of Representatives.Kenny Holston/The New York TimesBackground readingThe House elected Mike Johnson as speaker, embracing a hard-right conservative.Speaker Johnson previously played a leading role in the effort to overturn the 2020 election results.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Luke Broadwater More

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      Mike Johnson’s Speakership Reveals GOP’s Trump Loyalty Test

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      The developments on Capitol Hill highlighted the extent to which one of the greatest sins inside the Republican Party is to have certified Joseph R. Biden’s victory.Representative Mike Johnson of Louisiana had just survived a closed-door vote to end a tumultuous period of paralysis without a House speaker on Tuesday night and was celebrating with smiling and exhausted Republican colleagues.“Democracy is messy sometimes,” he said, “but it is our system.”But moments later, Mr. Johnson was confronted at a news conference about his own past role in American democracy, when he worked in alliance with former President Donald J. Trump to block the certification of the 2020 election.Boos rang out at the reporter’s inquiry. Mr. Johnson closed his eyes and shook his head. “Shut up! Shut up!” one congresswoman shouted. “Next question,” Mr. Johnson said. Only hours earlier, the speakership bid of another candidate, Tom Emmer, the majority whip, had been felled amid a lobbying blitz from Mr. Trump himself. Among Mr. Emmer’s apparent apostasies: certifying President Biden’s election. His tenure as speaker designate lasted only four hours.Then, on Wednesday, when Representative Pete Aguilar, a Democrat, chastised Mr. Johnson for leading efforts to reject the Electoral College votes on the House floor in 2020, one Republican lawmaker shouted back, “Damn right!”The back-to-back-to-back developments on Capitol Hill underscored not only the extent to which loyalty to Mr. Trump has become a prerequisite to taking power in today’s Republican Party, but also how — two and half years after a riot that left the Capitol covered with blood and broken glass — the greater sin inside the G.O.P. is to have stood with the voters that day and certified the election of Joseph R. Biden.“Bottom line is the Trump wing of the House is dominant and has been dominant for some time,” said former Representative Charlie Dent, a moderate Republican from Pennsylvania. Mr. Dent called Mr. Johnson “affable” and “bright” but said the political takeaway was clear: “A member of the Trump populist wing is now speaker.”Representative Matt Gaetz of Florida, a Trump ally who filed the motion that took down former House Speaker Kevin McCarthy, beamed, “This is what victory feels like,” celebrating Mr. Johnson’s rise on Steve Bannon’s “War Room” podcast on Wednesday before the official floor vote. Mr. Gaetz called him “MAGA Mike Johnson” — the same moniker that the Biden campaign used hours later.At a New York courthouse, where he and his company are on trial for financial fraud, Mr. Trump himself praised Mr. Johnson. “I think he’s going to be a fantastic speaker,” the former president said Wednesday.The internal politics of House Republicans do not revolve solely around Mr. Trump. The former president had publicly backed Representative Jim Jordan of Ohio for speaker earlier this month, only to see him blockaded by a more moderate faction in the conference.But the end of the three-week paralysis shows that the party remains yoked to the former president’s election denialism, with Mr. Johnson’s selection by his Republican colleagues coming on the same day that one of Mr. Trump’s former lawyers tearfully pleaded guilty in a Georgia racketeering case related to Mr. Trump’s attempts to overturn the election.“If I knew then what I know now, I would have declined to represent Donald Trump in these postelection challenges,” said Jenna Ellis, a once-combative Trump attorney who is now cooperating with Mr. Trump’s prosecutors. Prosecutors struck deals with two other Trump figures, Sidney Powell and Kenneth Chesebro, in the last week.It was a different story on Capitol Hill.With Mr. Trump dominating polls in the 2024 presidential primary — and even his top rivals staying relatively silent on his election fraud falsehoods — the party appears content to look past the fact that many of the party’s most prominent election deniers lost in key swing states such as Arizona and Pennsylvania in the 2022 midterm elections.For many Republicans, the primary victories that preceded those defeats are as politically significant. Last year, Mr. Trump sought to methodically cleanse the party of his critics, especially those who had voted to impeach him after the Jan. 6 riot. He mostly succeeded: Only two of the 10 House Republicans who voted to impeach him survived.In contrast, Mr. Johnson served on Mr. Trump’s impeachment defense team. And before that he recruited House Republicans to sign onto a legal brief to object to the outcome of the 2020 election. When that failed, he had played a key role in articulating a rationale for Republican lawmakers to oppose certification of the 2020 results on the floor. His guidance did not directly echo Mr. Trump’s wild allegations and was narrower in scope, but it led to the same final vote.“We know now it’s too high of a hurdle to be directly criticized by Donald Trump” and still become speaker, said Kevin Sheridan, a veteran Republican strategist. Referring to Mr. Johnson, he added, “He seems to have found the right temperature for the porridge so far.”But Jenna Lowenstein, executive director of Informing Democracy, a nonprofit devoted to vote counting and election certification, said she was “very concerned” about Mr. Johnson’s ascent.“As a member of the House, Johnson was willing to use the powers of his office to try to obstruct a fair election and interfere with certification,” she said. “And we have to assume he would do the same with the broader powers of the speakership.”Mr. Johnson has served as vice chairman of the Republican conference and was previously the chair of the conservative Republican Study Committee. He is initially expected to be a more policy-minded leader than Mr. McCarthy, who was best known for his backslapping personality. Mr. McCarthy also objected to certifying the election and visited Mr. Trump in Mar-a-Lago only weeks after the attack on the Capitol, in a trip that was widely seen to restore some legitimacy to the former president.An evangelical Christian, Mr. Johnson has vocally opposed abortion and gay marriage. (During the roll call vote in which he was elected as speaker, Representative Angie Craig, Democrat of Minnesota, pointedly declared, “Happy wedding anniversary to my wife!” to Democratic applause.) Democrats were quick to highlight some of his hard-line stances.Elected to the House in 2016, the same year that Mr. Trump won the presidency, Mr. Johnson, a former constitutional law attorney, will have the least years of House experience of any speaker in many decades. But he is representative of the wave of House Republicans who have served in Washington only since the party was reshaped by Mr. Trump — and who are now a majority of the conference.“If you don’t have a coup on your résumé,” Charlie Sykes, the Trump-tired editor in chief of The Bulwark, wrote in a column about the speakership fight, “don’t bother to apply.” More

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      Speaker Mike Johnson Helped Efforts to Overturn The 2020 Election

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      If Representative Jim Jordan of Ohio was the most prominent public face of the congressional effort to fight the results of the 2020 election, his mentee, the newly elected Speaker Mike Johnson of Louisiana, was a silent but pivotal partner.The election on Wednesday of Mr. Johnson, 51, to the post second in line to the presidency has focused new attention on his behind-the-scenes role in trying to overturn the election results on behalf of former President Donald J. Trump.A social conservative, Mr. Johnson played a leading role in recruiting House Republicans to sign a legal brief supporting a lawsuit seeking to overturn the results.In December 2020, Mr. Johnson collected signatures for a legal brief in support of a Texas lawsuit, rooted in baseless claims of widespread election irregularities, that tried to throw out the results in four battleground states won by Joseph R. Biden Jr.The Supreme Court ultimately rejected the suit, but not before Mr. Johnson persuaded more than 60 percent of House Republicans to sign onto the effort. He did so by telling them that the initiative had been personally blessed by Mr. Trump, and that the former president was “anxiously awaiting” to see who in Congress would defend him.A constitutional lawyer, Mr. Johnson was also a key architect of Republicans’ objections to certifying Mr. Biden’s victory on Jan. 6, 2021. Many Republicans in Congress relied on his arguments.In 2020, Mr. Johnson embraced Mr. Trump’s wild and false claims of fraud. In a radio interview, he asserted that a software system used for voting was “suspect because it came from Hugo Chávez’s Venezuela.”Mr. Johnson also falsely claimed the election was “rigged.”“You know the allegations about these voting machines, some of them being rigged with this software by Dominion, there’s a lot of merit to that,” Mr. Johnson said.No credible evidence has ever emerged to support the conspiracy theories about Dominion and another voting machine firm having helped to ensure Mr. Trump’s defeat. In April, Fox News agreed to pay $787.5 million to settle a defamation suit by Dominion over reports broadcast by Fox that Dominion machines were susceptible to hacking and had flipped votes from Mr. Trump to Mr. Biden.On the eve of the Jan. 6 votes, Mr. Johnson had honed his arguments undermining the election to be more palatable. He presented colleagues with arguments they could use to oppose the will of the voters without embracing conspiracy theories and the lies of widespread fraud pushed by Mr. Trump. Mr. Johnson instead faulted the way some states had changed voting procedures during the pandemic, saying it was unconstitutional.After a mob of Mr. Trump’s supporters, believing the election was rigged, stormed the Capitol on Jan. 6 and injured about 150 police officers, Mr. Johnson condemned the violence. But he defended the actions of congressional Republicans in objecting to Mr. Biden’s victory.He wrote a two-page memo of talking points meant to buck up Republicans, and lamented that the violence had almost eclipsed his careful arguments. “Most of the country has also never heard the principled reason,” he wrote.Over a year later, on “Truth Be Told,” the Christian podcast he hosts with his wife, Kelly, Mr. Johnson continued to argue that he and his colleagues had been right to object to the election results.“The slates of electors were produced by a clearly unconstitutional process, period,” he said.Mr. Johnson came to Congress in 2017 with support from the ultraconservative House Freedom Caucus, though he has never joined the group.In an interview this year, he referred to Mr. Jordan, a co-founder of the Freedom Caucus, as a “very close friend” who “has been a mentor to me since I got here.”Mr. Johnson said Mr. Jordan called him when he was running for office, because “he knew I was a conservative,” contributed money to his campaign and invited him to Washington for a meeting with him and other Freedom Caucus members.“He started providing advice to me,” Mr. Johnson said. “So now we’ve become very close.”In 2020, the two men and their wives traveled to Israel together and met with Prime Minister Benjamin Netanyahu.Mr. Johnson has also made a close ally of Mr. Trump, and he served on Mr. Trump’s impeachment defense team.On Nov. 8, 2020, Mr. Johnson was onstage at a northwest Louisiana church speaking about Christianity in America when Mr. Trump called. Mr. Johnson had been in touch with the president’s team on his myriad legal challenges seeking to overturn the results, “to restore the integrity of our election process,” according to a Facebook post by Mr. Johnson recounting the exchange.“We have to keep fighting for that, Mike,” he said Mr. Trump told him.“Indeed we do, sir!” Mr. Johnson said he replied.Karoun Demirjian More