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    Trump’s Extremists Are Now In Charge of the House

    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

    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?

    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

    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

    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

    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

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    Trump’s Lawyers Are Going Down. Is He?

    On Tuesday morning, Jenna Ellis became the third Donald Trump-allied lawyer to plead guilty in Fulton County, Ga., to state criminal charges related to Trump’s efforts to overturn the results of the 2020 presidential election in Georgia. She joins Sidney Powell and Kenneth Chesebro in similar pleas, with each of them receiving probation and paying a small fine, and each of them cooperating with the prosecution in its remaining cases against Trump and his numerous co-defendants.The Ellis, Powell and Chesebro guilty pleas represent an advance for both the state election prosecution in Georgia and the federal election prosecution in Washington. While their guilty pleas came in the Georgia case (they’re not charged in the federal prosecution, though Powell and Chesebro have been identified as unindicted co-conspirators in that case), the information they disclose could be highly relevant to Jack Smith, the special counsel investigating Trump.Perhaps as important, or even more important, the three attorneys’ admissions may prove culturally and politically helpful to those of us who are attempting to break the fever of conspiracy theories that surround the 2020 election and continue to empower Trump today. At the same time, however, it’s far too soon to tell whether the prosecution has made real progress on Trump himself. The ultimate importance of the plea deals depends on the nature of the testimony from the lawyers, and we don’t yet know what they have said — or will say.To understand the potential significance of these plea agreements, it’s necessary to understand the importance of Trump’s legal team to Trump’s criminal defense. As I’ve explained in various pieces, and as the former federal prosecutor Ken White explained to me when I guest-hosted Ezra Klein’s podcast, proof of criminal intent is indispensable to the criminal cases against Trump, both in Georgia and in the federal election case. While the specific intent varies depending on the charge, each key claim requires proof of conscious wrongdoing — such as an intent to lie or the “intent to have false votes cast.”One potential element of Trump’s intent defense in the federal case is that he was merely following the advice of lawyers. In other words, how could he possess criminal intent when he simply did what his lawyers told him to do? He’s not the one who is expected to know election laws. They are.According to court precedent that governs the federal case, a defendant can use advice of counsel as a defense against claims of criminal intent if he can show that he “made full disclosure of all material facts to his attorney” before he received the advice, and that “he relied in good faith on the counsel’s advice that his course of conduct was legal.”There is a price, though, for presenting an advice-of-counsel defense. The defendant waives attorney-client privilege, opening up both his oral and written communications with his lawyers to scrutiny by a judge and a jury. There is no question that a swarm of MAGA lawyers surrounded Trump at each step of the process, much like a cloud of dirt surrounds the character Pigpen in the “Peanuts” cartoons, but if the lawyers themselves have admitted to engaging in criminal conduct, then that weakens his legal defense. This was no normal legal team, and their conduct was far outside the bounds of normal legal representation.Apart from the implications of the advice-of-counsel defense, their criminal pleas, combined with their agreements to cooperate, may grant us greater visibility into Trump’s state of mind during the effort to overturn the election. The crime-fraud exception to attorney-client privilege prevents a criminal defendant from shielding his communications with his lawyers when those communications were in furtherance of a criminal scheme. If Ellis, Powell or Chesebro can testify that the lawyers were operating at Trump’s direction — as opposed to Trump following their advice — then that testimony could help rebut Trump’s intent defense.At the same time, I use words like “potential,” “if,” “may” and “could” intentionally. We do not yet know the full story that any of these attorneys will tell. We only have hints. Ellis said in court on Tuesday, for example, that she “relied on others, including lawyers with many more years of experience than I, to provide me with true and reliable information.” Indeed, Fani Willis, the Fulton County district attorney, has indicted two other attorneys with “many more years of experience” — Rudy Giuliani and John Eastman. If Ellis’s court statement is any indication, it’s an ominous indicator for both men.If you think it’s crystal clear that the guilty pleas are terrible news for Trump — or represent that elusive “we have him now” moment that many Trump opponents have looked for since his moral corruption became clear — then it’s important to know that there’s a contrary view. National Review’s Andrew McCarthy, a respected former federal prosecutor, argued that Powell’s guilty plea, for example, was evidence that Willis’s case was “faltering” and that her RICO indictment “is a dud.”“When prosecutors cut plea deals with cooperators early in the proceedings,” McCarthy writes, “they generally want the pleading defendants to admit guilt to the major charges in the indictment.” Powell pleaded guilty to misdemeanor charges. Ellis and Chesebro both pleaded to a single felony charge, but they received punishment similar to Powell’s. McCarthy argues that Willis allowed Powell to plead guilty to a minor infraction “because minor infractions are all she’s got.” And in a piece published Tuesday afternoon, McCarthy argued that the Ellis guilty plea is more of a sign of the “absurdity” of Willis’s RICO charge than a sign that Willis is closing in on Trump, a notion he called “wishful thinking.”There’s also another theory regarding the light sentences for the three lawyers. When Powell and Chesebro sought speedy trials, they put the prosecution under pressure. As Andrew Fleischman, a Georgia defense attorney, wrote on X, the site formerly known as Twitter, it was “extremely smart” to seek a quick trial. “They got the best deal,” Fleischman said, “because their lawyers picked the best strategy.”As a general rule, when evaluating complex litigation, it is best not to think in terms of legal breakthroughs (though breakthroughs can certainly occur) but rather in terms of legal trench warfare. Think of seizing ground from your opponent yard by yard rather than mile by mile, and the question at each stage isn’t so much who won and who lost but rather who advanced and who retreated. Willis has advanced, but it’s too soon to tell how far.The guilty pleas have a potential legal effect, certainly, but they can have a cultural and political effect as well. When MAGA lawyers admit to their misdeeds, it should send a message to the Republican rank and file that the entire effort to steal the election was built on a mountain of lies. In August, a CNN poll found that a majority of Republicans still question Joe Biden’s election victory, and their doubts about 2020 are a cornerstone of Trump’s continued political viability.Again, we can’t expect any single thing to break through to Republican voters, but just as prosecutors advance one yard at a time, opposing candidates and concerned citizens advance their cultural and political cases the same way. It’s a slow, painful process of trying to wean Republicans from conspiracy theories, and these guilty pleas are an important element in service of that indispensable cause. They represent a series of confessions from the inner circle and not a heated external critique.Amid this cloud of uncertainty, there is one thing we do know: With each guilty plea, we receive further legal confirmation of a reality that should have been plainly obvious to each of us, even in the days and weeks immediately following the election. Trump’s effort to overturn the election wasn’t empowered by conventional counsel providing sound legal advice. It was a corrupt scheme empowered by an admitted criminal cabal.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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    ‘Chaos Doesn’t Scare Me. American Decline Does.’

    Jim Jordan’s bid last week to become speaker of the House — together with the withdrawal on Tuesday of Thomas Emmer from his campaign for the same job — revealed not only how far House Republicans have moved to the right, but also how weak the intraparty forces for moderation have become.The full House, including all 212 Democrats, rejected Jordan in the first floor vote, but 90 percent of Republicans backed the election-denying Trump avatar.Minutes before Emmer withdrew from the race yesterday, Politico reported that Donald Trump told an associate, “He’s done. It’s over. I killed him.” It was, according to Politico, a reflection of Trump’s veto power among House Republicans — “that while Trump may not be able to elevate someone to the post — his earlier choice for the job, Jordan, flopped — he can ensure that a person doesn’t get it.”Lee Drutman, a political scientist and senior fellow at New America, published a piece on Oct. 20 on his Substack, “The U.S. House Has Sailed Into Dangerously Uncharted Territory. There’s No Going Back.”“Republicans have moved far to the right and polarization is at record highs,” Druckman wrote, citing a measure of ideological polarization between House Democrats and Republicans known as DWNominate which shows House Republicans moving steadily to the right, starting in 1968, reaching a level in 2022 substantially higher than at any point in time since 1880.House Democrats, in contrast, moved very slightly to the left over the same 1968-2022 period.I asked Drutman whether he thought House Republicans could move further right. He replied by email:Hard to say. We keep thinking the G.O.P. can’t move any further to the right and still win nationally, and yet, when more than 90 percent of districts are safe, and the Democratic Party is equally unpopular, and there are only two parties. the G.O.P. can win in too many places just by not being the Democrats.In 2022, Drutman continued, “the G.O.P. definitely paid a small but significant MAGA penalty. So I want to say there are limits, and that I really do hope we are close to reaching them. But I wouldn’t bank on that hope.”For those banking on hope, a closer examination of the Oct. 17 ballot I mentioned earlier, when Jordan won the votes of 200 of the 221 Republican members of the House, may dampen optimism.Not only did the Republican Caucus overwhelmingly back Jordan, but the intraparty forces that would normally press for centrist policies failed to do so.There are 18 Republicans who represent districts President Biden carried in 2020. These members, more than others, were forced to choose between voting for Jordan and facing sharp criticism in their districts, or voting against him and facing a potential primary challenger.This group voted two to one (12-6) for Jordan, deciding, in effect, that the threat of a primary challenge was more dangerous to their political futures than the fallout in their Democratic-leaning districts from voting for Jordan.Or take the bipartisan Problem Solvers Caucus, which describes its members as “tired of the obstructionism in Washington where partisan politics is too often prioritized over governing and what is best for the country.” Jordan’s approach to legislation and policymaking embodies what the problem solvers are tired of.Despite that, the Republican members of the caucus voted decisively for Jordan, 21-8, including the co-chairman of the caucus — Brian Fitzpatrick, Republican of Pennsylvania, and Tom Kean, the son and namesake of the distinctly moderate former governor of New JerseyIn a statement posted on the Problem Solvers’ website, Kean declared that he joined the group “to help find solutions for families and businesses in New Jersey. Every day of gridlock in Washington is another day that issues impacting my constituents at home go unaddressed.”A third overlapping group, The Republican Governance Group, would, in normal times, be a bastion of opposition to Jordan. The governance group calls for “common-sense legislation on issues including health care, energy, infrastructure and work force development” and its members “represent the most marginal, swing districts, and are ranked among the most bipartisan and most effective lawmakers on Capitol Hill.”The conference declares that it “needs to lead in a time when partisan gridlock often derails progress.”How did its members vote on Jordan? More than three quarters, 32, voted to make Jordan speaker; 10 voted against him.In the middle of the weeklong Jordan-for-speaker saga, Ronald Brownstein, a senior editor at The Atlantic, wrote in “The Threat to Democracy Is Coming From Inside the U.S. House” that win or lose,Jordan’s rise, like Trump’s own commanding lead in the 2024 GOP presidential race, provides more evidence that for the first time since the Civil War, the dominant faction in one of America’s two major parties is no longer committed to the principles of democracy as the U.S. has known them.Each time the Republican Party has had an opportunity to distance itself from Trump, Brownstein continued,It has roared past the exit ramp and reaffirmed its commitment. At each moment of crisis for him, the handful of Republicans who condemned his behavior were swamped by his fervid supporters until resistance in the party crumbled.Earlier this week, Nate Cohn, a Times colleague, wrote in “Fight for Speaker Reveals Four Types of House Republicans”:Mr. Jordan fell short of winning the gavel three times. But his failed bid nonetheless revealed that the ultraconservative faction of congressional Republicans is larger in number and potentially more broadly acceptable to mainstream congressional Republicans than might have been known otherwise.An examination of the votes, Cohn continued, suggeststhat nearly half of congressional Republicans are sympathetic to Mr. Jordan and the conservative right wing, putting anti-establishment outsiders within striking distance of becoming the predominant faction in the House Republican conference. It suggests that the party’s right wing could, under circumstances not necessarily too different from those today, make a serious bid for House leadership — and win.The analyses above focus on the 90 percent of Republicans who voted for Jordan as evidence of the party’s rightward shift.There is an alternative approach: to focus on the 20-plus dissenters. This approach leads to different conclusions.An Oct. 19 Times article by my news-side colleague Catie Edmondson, for example, was headlined, “Mainstream Republicans, ‘Squishes’ No More, Dig in Against Jordan.”Focusing on the small group of Republicans who rejected Jordan, Edmondson wrote:In a remarkable reversal of roles, a group of roughly 20 veteran Republicans, including institutionalists and lawmakers in politically competitive districts, are flexing their muscles against Mr. Jordan’s candidacy. Their choice to do so has prolonged an extraordinary period of paralysis in the House, which began more than two weeks ago when the hard right deposed Kevin McCarthy as speaker. It has continued as Republicans wage an extraordinary feud over who should replace him.The next day, a Washington Post article by Jacqueline Alemany, “Concerns About Jordan’s Election Denialism Flare During Failed Bid for Speaker,” made the case that Jordan’s refusal to accept the outcome of the 2020 election proved to be a significant factor in his defeat.Alemany wrote:As Rep. Jim Jordan (R-Ohio) waged his battle to become House speaker, some House Republicans were uncomfortable with the possibility of having an election denier occupying the most powerful legislative seat in the U.S. government heading into a presidential election year.I asked Matthew Green, a political scientist at Catholic University, whether it was more significant that House Republicans could not come up with enough votes to push either Steve Scalise or Jordan over the top or that both Scalise and Jordan actually received plus or minus 200 votes each? He emailed back:I think it’s more significant that neither Scalise nor Jordan could get the votes they needed to be elected Speaker. It’s a norm for lawmakers to vote for their party’s nominee for Speaker, no matter how odious they may find that person. That the G.O.P. could not keep McCarthy in power or immediately elect a replacement, even at the risk of extended paralysis of the House and major damage to the party’s reputation, signifies just how weak and divided the Republican Conference is right now.There is little doubt that the three-week-long struggle, still unresolved, to pick a new speaker is quite likely to inflict some costs on Republicans.First and foremost, if, as appears possible, the government is forced to shut down because of a failure to reach agreement on federal spending, Republicans have set themselves up to take the fall when the public decides which party is at fault.Previous government shutdowns, especially those in 1995 and 1996, backfired on Republicans, reviving Bill Clinton’s re-election prospects to the point that he won easily in November.I asked Kevin Kosar, a senior fellow at the American Enterprise Institute, about the current situation, and he emailed back: “A failure to choose a speaker before appropriations expire and the government shutdowns — that would look bad to many voters.”The Jordan campaign for speaker may turn into a liability for Republican members in districts won by Biden in 2020.After Fitzpatrick voted for Jordan, his probable Democratic challenger, Ashley Ehasz, a West Point graduate and combat veteran, declared:Brian Fitzpatrick has campaigned on his supposed commitment to reaching across the aisle and solving problems — but time and again his votes have shown who he really is. He voted to install an anti-abortion, election-denying extremist as speaker and has made his values perfectly clear.Sue Altman, executive director of the New Jersey Working Families Alliance and the probable Democratic challenger to Kean, said, after Kean voted for Jordan:Tom Kean Jr. just voted for a man who in his personal life helped cover up sexual abuse and in his political life tried to overturn the results of the 2020 election and pass a national abortion ban. This is not the Republican Party of Tom Kean Jr.’s father, and Tom Kean Jr. has done nothing but enable the most extreme elements of his own party instead of being a voice for moderation. Jim Jordan is a radical election denier who does not represent the values of this district and Tom Kean Jr. should be ashamed of his vote.I asked Michael Olson, a political scientist at Washington University in St. Louis, about the possible costs of a Jordan vote for these 12 Republicans in Democratic-leaning seats. He replied by email:Concerns about appearing extreme should be particularly acute for these legislators. Most won by quite narrow margins. Voters do care about extremism on the margins — more extreme candidates seem to be more likely to subsequently lose — so a vote for Jordan could be a real liability in a campaign, or a vote against him a real feather in these folks’ caps as they try to establish their independent bona fides.The political calculus of these 12 Republicans is, however, complicated. Olson cited a 2023 paper, “A Good Partisan? Ideology, Loyalty and Public Evaluations of Members of Congress,” by Geoffrey Sheagley, Logan Dancey and John Henderson that reveals the difficulty of the choices facing members of Congress.Using poll data on the vote to impeach Donald Trump over the Jan. 6 insurrection, Sheagley, Dancey and Henderson write that Democrats are:More approving of a Republican representative who voted to impeach Trump. Republican respondents, however, are more approving of a conservative Republican representative and less approving of a representative who voted to impeach Trump.For a Republican deciding whether to vote for or against a Trump impeachment, the loss of support among Republican voters far outweighs the gains from Democrats: “Approval for a Republican representative who voted to impeach Trump decreases by nearly a full point on the 4-point approval scale, while support among Democrats increases by only half a point.”The political implications of this choice are, however, very different for a Republican evaluating prospects in a closed primary in which no Democrats can vote, than in the general election, when Democrats do cast ballots.I asked Dancey, a political scientist at Wesleyan, about the calculations a Republican in a Democratic district has to make and he emailed back to say that a vote against Jordan would not prove excessively costly in November:In a general election matchup where the main choice is between a Republican and a Democrat, I suspect that the vast majority of Republican voters would stick with a Republican candidate who voted against Jordan. Even if they don’t like the position the Republican took on that one vote, they won’t see the Democratic candidate as a better option.In contrast, Dancey continued,Voting for Jordan carries some risk of losing support from independents and moderate Democrats in the general election, especially since Jordan received Trump’s endorsement. Republicans running in Biden districts have incentives to create an image as a more independent-minded Republican who isn’t fully aligned with Trump.That said, Darcey wrote, “Jordan is a less high-profile figure than Trump and at this point isn’t on track to actually become speaker. As a result, I doubt this one vote will be as consequential as something like voting to impeach Trump.”Perhaps most damaging to Republicans is the perception that they are dominated by a group more determined to wreak havoc than to govern.In 2019, I looked at a small percentage of voters committed “to unleash chaos to ‘burn down’ the entire political order in the hope they gain status in the process.”The notion was salient once more on Oct. 3, when a cadre of eight Republican members of the House — led by Representative Matt Gaetz of Florida — brought down Speaker Kevin McCarthy.Gaetz evoked havoc again on Oct. 19 when he posted on X, the platform formerly known as Twitter:Ever seen a SWAMP actually drained? This Florida Man has. It’s not orderly. Turns out, the alligators & snakes get unruly when the comfort of their habitat is disrupted. Chaos doesn’t scare me. American decline does.I asked Kevin Arceneaux, a political scientist at Sciences Po Paris and lead author of the 2021 paper “Some People Just Want to Watch the World Burn: the Prevalence, Psychology and Politics of the ‘Need for Chaos,’ ” about the role of Gaetz and his seven allies. Arceneaux emailed back that he has no way of knowing, without conducting tests and interviews, how the eight “would answer the need for chaos survey items.”But, Arceneaux added, “their behavior is certainly consistent with the ‘burn-it-all-down’ mentality that we found associated with the need for chaos.”In addition, he continued,We also found that a drive to obtain status along with a sense that one’s group has lost social status increases one’s need for chaos. It would be interesting to study whether Freedom Caucus members are more preoccupied with concerns about status loss relative to other Republicans. If so, that would offer some circumstantial evidence that a need for chaos could at least partly explain their willingness to damage their own party.I asked Larry Sabato, a political scientist at the University of Virginia, for his perspective on recent events in the House. He replied by email:I’ve long thought that a party’s drift to the ideological extreme would inevitably be stopped and reversed to a certain degree by big defeats that force party voters to come to terms with pragmatic reality. These days, I’m starting to believe that Republicans moving headlong to the right may just give in to the inertia of motion and continue their lunge toward extremism until they can no longer win an overall majority. I’m not convinced of this yet, but the G.O.P. has put the idea on the table.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