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    The ‘Red Slime’ Lawsuit That Could Sink Right-Wing Media

    AdvertisementContinue reading the main storySupported byContinue reading the main storyThe ‘Red Slime’ Lawsuit That Could Sink Right-Wing MediaVoting machine companies threaten “highly dangerous” cases against Fox, Newsmax and OAN, says Floyd Abrams.Last week, a lawyer for Antonio Mugica sent scathing letters to Fox, Newsmax and OAN demanding that they immediately, forcefully clear his company’s name.Credit…Niklas Hallen/Getty ImagesDec. 20, 2020Updated 9:43 p.m. ETAntonio Mugica was in Boca Raton when an American presidential election really melted down in 2000, and he watched with shocked fascination as local government officials argued over hanging chads and butterfly ballots.It was so bad, so incompetent, that Mr. Mugica, a young Venezuelan software engineer, decided to shift the focus of his digital security company, Smartmatic, which had been working for banks. It would offer its services to what would obviously be a growth industry: electronic voting machines. He began building a global company that ultimately provided voting machinery and software for elections from Brazil to Belgium and his native Venezuela. He even acquired an American company, then called Sequoia.Last month, Mr. Mugica initially took it in stride when his company’s name started popping up in grief-addled Trump supporters’ wild conspiracy theories about the election.“Of course I was surprised, but at the same time, it was pretty clear that these people were trying to discredit the election and they were throwing out 25 conspiracy theories in parallel,” he told me in an interview last week from Barbados, where his company has an office. “I thought it was so absurd that it was not going to have legs.”But by Nov. 14, he knew he had a problem. That’s when Rudy Giuliani, serving as the president’s lawyer, suggested that one voting company, Dominion Voting Systems, had a sinister connection to vote counts in “Michigan, Arizona and Georgia and other states.” Mr. Giuliani declared on Twitter that the company “was a front for SMARTMATIC, who was really doing the computing. Look up SMARTMATIC and tweet me what you think?”Soon his company, and a competitor, Dominion — which sells its services to about 1,900 of the county governments that administer elections across America — were at the center of Mr. Giuliani’s and Sidney Powell’s theories, and on the tongues of commentators on Fox News and its farther-right rivals, Newsmax and One America News.“Sidney Powell is out there saying that states like Texas, they turned away from Dominion machines, because really there’s only one reason why you buy a Dominion machine and you buy this Smartmatic software, so you can easily change votes,” the Newsmax host Chris Salcedo said in one typical mash-up on Nov. 18. Maria Bartiromo of Fox Business reported on Nov. 15 that “one source says that the key point to understand is that the Smartmatic system has a backdoor.”The Fox Business host Maria Bartiromo.Credit…Monica Schipper/Getty ImagesHere’s the thing: Smartmatic wasn’t even used in the contested states. The company, now a major global player with over 300 employees, pulled out of the United States in 2007 after a controversy over its founders’ Venezuelan roots, and its only involvement this November was with a contract to help Los Angeles County run its election.In an era of brazen political lies, Mr. Mugica has emerged as an unlikely figure with the power to put the genie back in the bottle. Last week, his lawyer sent scathing letters to the Fox News Channel, Newsmax and OAN demanding that they immediately, forcefully clear his company’s name — and that they retain documents for a planned defamation lawsuit. He has, legal experts say, an unusually strong case. And his new lawyer is J. Erik Connolly, who not coincidentally won the largest settlement in the history of American media defamation in 2017, at least $177 million, for a beef producer whose “lean finely textured beef” was described by ABC News as “pink slime.”Now, Mr. Connolly’s target is a kind of red slime, the stream of preposterous lies coming from the White House and Republican officials around the country.“We’ve gotten to this point where there’s so much falsity that is being spread on certain platforms, and you may need an occasion where you send a message, and that’s what punitive damages can do in a case like this,” Mr. Connolly said.Mr. Mugica isn’t the only potential plaintiff. Dominion Voting Systems has hired another high-powered libel lawyer, Tom Clare, who has threatened legal action against Ms. Powell and the Trump campaign. Mr. Clare said in an emailed statement that “we are moving forward on the basis that she will not retract those false statements and that it will be necessary for Dominion to take aggressive legal action, both against Ms. Powell and the many others who have enabled and amplified her campaign of defamation by spreading damaging falsehoods about Dominion.”These are legal threats any company, even a giant like Fox Corporation, would take seriously. And they could be fatal to the dream of a new “Trump TV,” a giant new media company in the president’s image, and perhaps contributing to his bottom line. Newsmax and OAN would each like to become that, and are both burning money to steal ratings from Fox, executives from both companies have acknowledged. They will need to raise significantly more money, or to sell quickly to investors, to build a Fox-style multibillion-dollar empire. But outstanding litigation with the potential of an enormous verdict will be enough to scare away most buyers.And so Newsmax and OAN appear likely to face the same fate as so many of President Trump’s sycophants, who have watched him lie with impunity and imitated him — only to find that he’s the only one who can really get away with it. Mr. Trump benefits from presidential immunity, but also he has an experienced fabulist’s sense of where the legal red lines are, something his allies often lack. Three of his close aides were convicted of lying, and Michael Cohen served more than a year in prison. (Trump pardoned Michael Flynn and commuted the sentence of Roger Stone.)OAN and Newsmax have been avidly hyping Mr. Trump’s bogus election claims. OAN has even been trying to get to Newsmax’s right, by continuing to reject Joe Biden’s status as president-elect. But their own roles in propagating that lie could destroy their businesses if Mr. Mugica sues.The letters written by lawyers for Smartmatic and Dominion are “extremely powerful,” said Floyd Abrams, one of the country’s most prominent First Amendment lawyers, in an email to The New York Times. “The repeated accusations against both companies are plainly defamatory and surely have done enormous reputational and financial harm to both.”Mr. Abrams noted that “truth is always a defense” and that, failing that, the networks may defend themselves by saying they didn’t know the charges were false, while Ms. Powell may say she was simply describing legal filings.“It is far too early to predict how the cases, if commenced, will end,” he said. “But it is not too early to say that they would be highly dangerous to those sued.”Lawyers said they expected that the right-wing networks, if sued, would argue that Smartmatic and Dominion should be considered “public figures” — which would require the companies to prove that its critics were malicious or wildly reckless, not just wrong.Mr. Connolly said he would argue that Smartmatic was not a public figure, a legal status whose exact meaning varies depending on whether Mr. Mugica files suit in Florida, New York or another state.“They have a very good case,” another First Amendment lawyer who isn’t connected to the litigation, the University of Florida professor Clay Calvert, said of Smartmatic. “If these statements are false and we are taking them as factual statements, that’s why we have defamation law.”Fox News and Fox Business, which have mentioned Dominion 792 times and Smartmatic 118 times between them, according to a search of the service TVEyes, appear to be taking the threat seriously. Over the weekend, they broadcast one of the strangest three-minute segments I’ve ever seen on television, with a disembodied and anonymous voice flatly asking a series of factual questions about Smartmatic of an expert on voting machines, Eddie Perez, who debunks a series of false claims. The segment, which appeared scripted to persuade a very literal-minded judge or jury that the network was being fair, aired over the weekend on the shows hosted by Lou Dobbs, Jeanine Pirro and Maria Bartiromo, where Mr. Giuliani and Ms. Powell had made their most outlandish claims.Newsmax said in an emailed statement that the channel “has never made a claim of impropriety about Smartmatic, its ownership or software” and that the company was merely providing a “forum for public concerns and discussion.” An OAN spokeswoman didn’t respond to an inquiry.I’m reluctant to cheer on a defamation case against news organizations, even networks that appear to be amplifying dangerous lies. Companies and politicians often exploit libel law to threaten and silence journalists, and at the very least subject them to expensive and draining litigation.And defamation cases can also collide with subjects of genuine public interest, as in the most prominent case I’ve been involved in, when a businessman sued me and my colleagues at BuzzFeed News for publishing the Steele Dossier, while acknowledging that it was unverified. There, a judge ruled that the document was an official record that BuzzFeed was entitled to publish.In this controversy, even the voting companies’ worst critics find the coverage wildly distorted.“They’ve been mining every paper I’ve ever written and any deposition I’ve ever given and it’s nonsense,” said Douglas W. Jones, an associate professor of computer science at the University of Iowa who has long argued that voting software isn’t as secure as its vendors claim. He said Ms. Powell’s cybersecurity expert, Navid Keshavarz-Nia, called him on Nov. 15, apparently seeing him as a potential ally, and spent an hour going point-by-point over claims that would wind up in a deposition. “He seemed sane, but every time I would ask him for evidence that would support one of these allegations he would squirm off to a different allegation,” Mr. Jones said.As the conversation wore on, he wondered, “Was someone trying to pull a ‘Borat’ on me?”But the allegations are no joke for Smartmatic and Dominion. Mr. Mugica said he had taken worried calls from governments and politicians all over the world, concerned that Mr. Trump’s poison will seep into their politics and turn a Smartmatic contract into a liability.“This potentially could destroy it all,” he said.Mr. Mugica wouldn’t say whether he has made up his mind to sue. Mr. Connolly said that he has “a lot of people watching a lot of videos right now,” and that he’s researching whether to file in New York, Florida or elsewhere. I asked Mr. Mugica if he’d settle for an apology.“Is the apology going to reverse the false belief of tens of millions of people who believe in these lies?” he asked. “Then I could be satisfied.”AdvertisementContinue reading the main story More

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    Trump Incentives for Signing Peace Accords With Israel Could Be at Risk

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    Ad Spending Soars in Georgia Races With Stakes Far Beyond Georgia

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    Electoral College Results

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    What Books Should Biden Read? We Asked 22 Writers

    #masthead-section-label, #masthead-bar-one { display: none }The Best of 2020Best ComedyBest TV ShowsBest BooksBest MoviesBest AlbumsAdvertisementContinue reading the main storySupported byContinue reading the main storyWhat Books Should Biden Read? We Asked 22 WritersGeorge Will, Min Jin Lee, David Frum, Van Jones and others offer their recommendations to the president-elect.Credit…Ryan Pfluger for The New York TimesDec. 20, 2020, 5:00 a.m. ETOn Jan. 20, Joseph R. Biden Jr. will be sworn into office as the 46th president of the United States. From that day forward, he will face countless challenges, including a divided nation, a global pandemic and an increasingly uncertain future.We posed the following question to 22 writers and public figures: “What book would you recommend Joe Biden read to inform his presidency?” Here are their answers.Madeleine Albright recommends‘The Art of the Impossible,’ by Václav Havel“Thirty years ago, Václav Havel became president of Czechoslovakia, a country both energized by democratic hopes and wounded by political and cultural division. His collected speeches reflect an idea of leadership that transcends party and is grounded instead in forgiveness, morality and truth. After years of deception in high places, he told citizens in his first major address, ‘I assume you did not propose me for this office so that I, too, would lie to you.’”Madeleine Albright is the former U.S. secretary of state and author of, most recently, “Hell and Other Destinations.”Alicia Garza recommends‘Stamped From the Beginning,’ by Ibram X. Kendi“Kendi describes the long trajectory of racist ideas that have shaped policy for generations. President-elect Biden will need depth in understanding that racism isn’t ever about people being mean to each other — instead, racism is about rigged rules that intentionally thwart access to power and resources for those who have been designated as ‘other.’ It would be my hope that this book would guide his decisions on cabinet appointments, executive orders and more.”Alicia Garza is the author of “The Purpose of Power.”George Will recommends‘The Living Presidency,’ by Saikrishna Bangalore Prakash“Prakash, a professor at the University of Virginia School of Law, argues that the public would be less susceptible to extravagant expectations, and presidents would be more successful because they would be less vulnerable to the public’s disappointments, if a president would reverse the ‘creeping constitutional coup’ that has subverted the idea of ‘an executive subject to the Constitution and the law.’ Joe Biden, with 50 percent more congressional experience (36 Senate years) than any previous president, could benefit from restoring the Constitution’s Madisonian equilibrium by not wielding all the discretionary powers that Congress has improvidently given to the executive.”George Will is the author of, most recently, “The Conservative Sensibility.”Laila Lalami recommends‘Supreme Inequality,’ by Adam Cohen“Whatever else happens during the Biden presidency, the Supreme Court will play a huge role in affirming or striking down voting rights, reproductive rights, immigration, birthright citizenship, marriage equality or environmental protections. In this book, Adam Cohen shows how Richard Nixon’s appointments of four justices to the Court set it on a dangerous rightward course that has consistently undermined the rights of the poor and the disadvantaged while protecting corporations. Cohen’s lucid work provides important context for why the president-elect, and his party, need to make the Court a central concern of their agenda.”Laila Lalami is the author of, most recently, “Conditional Citizens.”Thomas Piketty recommends‘Gold and Freedom,’ by Nicolas Barreyre“This is a fascinating book about the multidimensionality of politics in the Reconstruction period. It is by navigating through these different dimensions that the Democratic Party managed to find its way from Civil War to New Deal and beyond. Today one of the big issues is whether the Democratic Party can regain the confidence of socially disadvantaged voters, independently from their origins. The country has changed a lot since Reconstruction, but there are still lessons to be learned from this period.”Thomas Piketty is the author of, most recently, “Capital and Ideology.”Harriet A. Washington recommends‘To Repair the World,’ by Paul Farmer“Amid raging cultural intolerance and a fatally mismanaged pandemic, Americans, especially people of color, sicken and die as they are pressed into service as ‘essential workers’ living in environmental sacrifice zones. The pandemic’s attendant rise in incivility and xenophobia has catalyzed open racial strife and slapped immigrant children into cages. What daunting challenge doesn’t Joe Biden face, and who can best advise the man who must lead us in repairing this broken nation?“Perhaps the anthropologist, physician and politically savvy human-rights leader who has long and successfully jousted with the specter of medical indifference, governmental mendacity and indifference to the fate of marginalized ‘others’: Paul Farmer’s anthology of speeches offers shorter narratives suited to a busy leader that exude a moral philosophy, blueprint, case histories and deep inspiration for the change of heart that must fuel American atonement and national healing.”Harriet A. Washington is the author, most recently, of “A Terrible Thing to Waste.”David Frum recommends‘The Deluge,’ by Adam Tooze“Candidate Biden talked dangerously enthusiastically about ‘buy American.’ I hope the president-elect will recognize the huge benefits of global free trade — and the terrible dangers to prosperity and peace of ‘America First.’ So many books argue this case so well, but one that made an especially vivid impression on me was Adam Tooze’s: a sophisticated and terrifying history of how the failure to restore a liberal economic order after the catastrophe of World War I pushed the U.S. and the world to global depression and World War II.”David Frum is the author of, most recently, “Trumpocalypse: Restoring American Democracy.Yascha Mounk recommends‘The Subjection of Women,’ by John Stuart Mill“What gives this moving plea for equal rights lasting relevance is that John Stuart Mill did not just describe injustices born by women; he argued that men, too, suffer from them because they will never get to enjoy the pleasures that come from a marriage of equals. As Joe Biden sets out to combat a different set of injustices, Mill can help point his way toward a vision that shows how much we all stand to gain from a more just society — especially if we emphasize how that future will allow us to focus on the affections and aspirations we share, not the petty interests and narrow identities that divide us.”Yascha Mounk is the author of, most recently, “The People vs. Democracy.”Elizabeth Kolbert recommends‘The Future of Life,’ by Edward O. Wilson“The actions of the new administration will affect people around the world and also the untold millions of other species with whom we share this planet. Wilson explains what’s at stake as biodiversity crashes and what needs to be done to stem the losses.”Elizabeth Kolbert is the author of, most recently, “The Sixth Extinction.”Michael Beschloss recommends‘Washington,’ by Ron Chernow“This classic shows how, when our democracy was fragile, a human and courageous leader — through his acts, language and personal example — defined the office of the presidency in order to protect our liberties, defend the country from secret foreign threats, ensure the rule of law, bring our people together and inspire our next generation.”Michael Beschloss is the author of, most recently, “Presidents of War.”Katherine Mangu-Ward recommends‘Coolidge,’ by Amity Shlaes“Calvin Coolidge is rarely counted among the rock-star presidents, but he was soothingly bland after a corrupt and divisive period in American political history. The famously laconic politician managed to leave Washington in better shape than he found it, including the rare feat of reducing the size of the federal budget. Silent Cal reportedly napped every afternoon of his presidency, a habit that might make our 46th president — and all of us — happier, saner and more effective.”Katherine Mangu-Ward is the editor in chief of Reason magazine.Annette Gordon-Reed recommends‘Black Reconstruction in America 1860-1880,’ by W.E.B. Du Bois“The book recounts the efforts to remake American society in the wake of the Civil War operating on the premise that African Americans are equal citizens of the United States. Du Bois wrote to counteract historians and others who had portrayed the effort as doomed by Black inferiority. He demonstrates that the successes of interracial government were deliberately sabotaged by white supremacists who preferred to maintain a racial hierarchy rather than move into a future grounded in equal citizenship among all Americans.”Annette Gordon-Reed is the author of, most recently, “Most Blessed of the Patriarchs.”Richard Haass recommends‘Present at the Creation,’ by Dean Acheson“The most innovative and successful period of modern American foreign policy came immediately after World War II, something captured by the title of the memoir written by Dean Acheson, President Harry Truman’s fourth and last secretary of state. There has been no comparable burst of creative statecraft since the Cold War ended three decades ago, and President Trump did much to weaken the institutions and relationships that have underpinned U.S. foreign policy for three-quarters of a century. President Biden will inherit a world of disarray; once he has completed the most urgent repairs, the challenge will be to design and build new arrangements that will structure rivalry with China and narrow the gap between the global challenges that will largely define this era and the world’s willingness and ability to respond to them.”Richard Haass is the president of the Council on Foreign Relations and the author of, most recently, “The World: A Brief Introduction.”Min Jin Lee recommends‘Evicted,’ by Matthew Desmond“Every ordinary American family has a budget, and our greatest expense is housing. So, how do those among us, who have the least, rest their heads at night without the fear of eviction? What does eviction do to our minds, hearts and our credit history? Desmond’s thorough investigation of the housing crisis in America is both horrifying and compassionate, and it is my hope that President-elect Biden will read this beautiful and important book to know better the lives of ordinary Americans.”Min Jin Lee is the author of, most recently, “Pachinko.”Eddie S. Glaude Jr. recommends‘Baldwin,’ edited by Toni Morrison“Given the moral reckoning we face in this country I would urge President Biden to spend some time with the nonfiction writings of James Baldwin. The book offers a cleareyed view of what rests at the heart of our national malaise, and he writes about it — bear witness to its effects — without a hint of sentimentality.”Eddie S. Glaude Jr. is the author of, most recently, “Begin Again.”Kay Hymowitz recommends‘Men Without Work,’ by Nicholas Eberstadt“Eberstadt brings attention to a largely neglected American crisis: the Depression-era levels of working-aged men, most but not all of them with a high school education or less, who have dropped out of the labor market. These ‘detached men’ are key to addressing some of the nation’s most acute socio-economic problems including family breakdown, intergenerational poverty, inequality and ‘deaths of despair.’”Kay Hymowitz is the author of, most recently, “The New Brooklyn.”Ayad Akhtar recommends‘The True and Only Heaven,’ by Christopher Lasch“The last time an American president admitted to reading a book by Christopher Lasch, it led to him losing an election (Jimmy Carter, ‘The Culture of Narcissism’). Which is just to say: If President-elect Biden takes up my suggestion, it might be best if he kept it to himself.“Lasch’s final full-length work is his masterpiece, which, though written almost 30 years ago, foresaw much of the trouble in which we find ourselves today. Inspired, as he puts it, to counter the ‘acquisitive individualism fostered by liberalism’ as well as to revive a ‘sense of civic obligation,’ ‘The True and Only Heaven’ is that rare work of history that offers not only analysis and understanding, but wisdom, and even hope.”Ayad Akhtar is the author, most recently, of “Homeland Elegies.”Angus Deaton recommends‘The Fifth Risk,’ by Michael Lewis“President Biden is going to be very busy, and Lewis’s book is short and lively. Yet it deals with a vital and underappreciated issue, just how much we all depend on a well-functioning government. On how demonizing government has led to private plunder and destruction of our most important common asset, a storehouse of knowledge, science and dedication. Without it, we can neither prosper nor be safe.”Angus Deaton is the author, with Anne Case, of “Deaths of Despair and the Future of Capitalism.”Van Jones recommends‘The People vs. Democracy,’ by Yascha Mounk“Yascha Mounk does a great job laying out the challenges our country is facing and how to confront the authoritarian right.”Van Jones is the author of, most recently, “Beyond the Messy Truth.”Ai-Jen Poo recommends‘The Purpose of Power,’ by Alicia Garza“Social movements of everyday people have created the context for some of the most important acts of leadership from American presidents — from the labor movement of the 1930s and F.D.R., to the civil rights movement of the 1960s and L.B.J. — acts of leadership that have allowed us to make generational progress out of some of our greatest times of crisis and reckoning. ‘The Purpose of Power,’ written by one of this era’s most important movement-builders, offers essential insight into the power and possibility of movements today, to inspire presidential action that meets our current moment of crisis and opportunity for progress.”Ai-Jen Poo is the author, with Ariane Conrad, of “The Age of Dignity.”Yuval Levin recommends‘American Politics,’ by Samuel P. Huntington“There are many great books the president-elect might consult about the tensions now roiling American life, but since prophecy often runs deeper than analysis, he should read Samuel Huntington’s underappreciated 1981 masterpiece. Huntington describes an ineradicable tension between America’s ideals and the actual practice of our politics, and traces four great explosions of ‘creedal passion’ in our history that have been driven by moral outrage rooted in frustration with that tension — in the revolutionary era, Jacksonian America, the Progressive era, and the late 1960s. He predicts another such wave, mixing populism and a resurgent progressive moralism, right around 2020, and offers insights about our own moment that could help Biden grasp the potential for renewal, but also the enormous danger of the illiberal radicalism overtaking his own party.”Yuval Levin is the author of, most recently, “A Time to Build.”Karla Cornejo Villavicencio recommends‘What It’s Like to Be a Bird,’ by David Allen Sibley“I focus on a few birds every night before I go to bed. Look at the birds that are hated, forcibly sterilized, shot with rifles because they are big and dark and scavenge to survive. Learn what makes them beautiful and ask why God created them. You represent them, too, not just the garden songbirds.”Karla Cornejo Villavicencio is the author of “The Undocumented Americans.”Follow New York Times Books on Facebook, Twitter and Instagram, sign up for our newsletter or our literary calendar. And listen to us on the Book Review podcast.AdvertisementContinue reading the main story More

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    A President Who Can’t Put Aside Grudges, Even for Good News

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    Electoral College Results

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    A Conservative Justice in Wisconsin Says He Followed the Law, Not the Politics

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    Accountability After Trump

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyAccountability After TrumpHow can America rebuild democracy’s guardrails and hold the past administration to account for its lawlessness?The editorial board is a group of opinion journalists whose views are informed by expertise, research, debate and certain longstanding values. It is separate from the newsroom.Dec. 19, 2020Credit…Damon Winter/The New York TimesAfter any major national disaster or failure of government, it’s essential to study what happened and why, if for no other reason than to enact laws and policies aimed at preventing the same thing from happening again. From the Warren Report on the assassination of President John F. Kennedy to the Church Committee in the wake of the Watergate scandal, from the commission on the Sept. 11 attacks to the commission on the Deepwater Horizon oil spill, a thorough official reckoning makes for good government.What could accountability look like in 2021? How does American democracy confront the scale of the damage wrought by the departing president — the brazen obliteration of norms, the abundant examples of criminal behavior, the repeated corruption and abuses of power by the highest officeholder in the land, even after he was impeached?In short, how does America prevent the next Trump administration if it can’t properly hold the current one to account?This is the task facing the country and the next administration, as Joe Biden prepares to assume the presidency after running, and winning, on a platform of national unity and healing. Does restoring the soul of America require an exorcism of the past four years? Or would that only deepen the nation’s divisions, making it impossible to move forward?In a country as polarized as the United States in 2020, making even incremental progress on pressing issues would be a win. We’ve urged Mr. Biden to champion an agenda based on decency. The first step is to dial down the culture wars wherever possible, then pursue a policy agenda where there is ample common ground. But Mr. Biden should also champion accountability after four years that tested the outer limits of what America’s democracy could handle.Credit…Damon Winter/The New York TimesHis victory is itself a powerful form of accountability. A majority of American voters, given the chance to render their verdict on one term of President Trump, rejected his bid for another. Yet defeating Mr. Trump at the polls was only the first step toward recalibrating the country’s moral compass. Two more challenges remain: The first, determining how to investigate the past administration. The second, determining how to ensure that subsequent presidents face more formidable obstacles to wrongdoing than Mr. Trump faced.Any honest accounting of the past four years needs to begin by establishing a shared set of facts about what happened. There is ample evidence already that Mr. Trump and some of his top allies may have broken multiple federal laws by committing campaign-finance violations, lying to federal investigators and obstructing justice, to name a few. Even if he is not prosecuted by federal authorities, Mr. Trump and his businesses face at least two separate tax-fraud investigations in New York. Many of Mr. Trump’s associates have already been convicted of various crimes.Yet there are still many lingering questions, foremost among them: Did the president’s business interests influence his conduct of foreign and domestic policy? The American people have a right to know if that was so.There are also powerful arguments against an administration investigating and prosecuting its opponent. No matter how strong the evidence or how independent Mr. Biden’s attorney general, it will inevitably look to half the country like a political hit job. Perhaps that shouldn’t matter, but from a practical standpoint it’s hard to convince Americans that the Justice Department is not politicized when it’s prosecuting the preceding administration.Then there’s the issue of triage. The moment Mr. Biden takes office he will be saddled with a staggering pileup of emergencies demanding his immediate attention: a pandemic killing thousands of Americans daily; a crippled economy, mass unemployment and miles-long food lines; a worsening climate crisis; and the growing threat of right-wing terrorism and racist violence. Then there was this week’s revelation that the Russian government is behind a huge, monthslong cyberattack on dozens of federal agencies and companies, posing what officials called a “grave risk” to the federal government.Despite the challenges, the nation has to move forward.Many of the most needed reforms fall into the same category as those that were adopted in the aftermath of Watergate: reducing the power of the presidency and re-empowering institutions, like Congress, that are supposed to serve as checks on an imperious executive. Those reforms managed to hold the line for a while, but they turned out to be ineffective at reining in a president with Mr. Trump’s sheer tenacity and disregard for the rule of law. While Mr. Trump failed to fully exploit their weaknesses, a more devious and competent demagogue would be much more likely to succeed.Corruption and abuse of power are the most urgent issues in need of addressing.Four years into Mr. Trump’s presidency and nearly five years since he promised to release his full tax returns, the American people still don’t know how much his personal financial interests and entanglements are intertwined with his administration’s domestic- and foreign-policy decisions. He has an affection for strongmen, but is his solicitousness toward leaders like Russia’s Vladimir Putin, Turkey’s Recep Tayyip Erdogan and Saudi Arabia’s Mohammed bin Salman a result of something more mercenary? New laws compelling all presidential candidates to release at least 10 years of their tax returns, as well as a comprehensive list of any possible conflicts of interest, financial and otherwise, should be an obvious step toward reform. Legislation should also bar presidents from being involved in overseeing any business while serving in office.These reforms would need to apply throughout the executive branch. As the nation has seen, Mr. Trump’s administration has been awash from the start in self-dealing, ethical investigations and scandals. From cabinet secretaries to agency heads, the list is long, and likely incomplete.The second major area for reform involves presidential abuse of power, which includes everything from violations of the Hatch Act to the destruction of presidential records. The larger concern is the politicization of law enforcement. Mr. Trump was open in his belief that the Justice Department should do his bidding. He pressured his attorneys general, from Jeff Sessions through William Barr, to protect him and his allies and prosecute his perceived enemies. Sometimes they consented. Other times they resisted. But if law enforcement is to operate fairly and effectively, the American people have to see it as independent from politics.Mr. Trump has also abused his power by pardoning friends and associates who have been convicted of serious crimes. More recently he has floated granting pre-emptive pardons to family members and even himself, which may be unconstitutional. Mr. Trump isn’t the first to test the pardon power’s limits, but he has politicized and personalized it to an unparalleled degree. Since the power is essentially absolute, any meaningful change to it would require a constitutional amendment.As for the other reforms, some can be accomplished through executive orders, more stringent regulations or internal agency memos. But the most lasting will have to be enacted through federal laws, like the Protecting Our Democracy Act, a bill Democrats in the House of Representatives introduced in September. The legislation includes many measures that Republicans have supported in the past. Among other things, it would prohibit self-pardons, give Congress more power to enforce subpoenas, reduce the chance of politically motivated prosecutions by requiring more transparency from the Justice Department and provide more protection for inspectors general and whistle-blowers.The problem with passing laws is that you need both houses of Congress, and to date many Republican lawmakers have showed little to no interest in addressing these sorts of abuses. Most of them still refuse to acknowledge Mr. Biden’s victory. Perhaps once they do, the prospect of similar abuses by a Democratic president might give them the incentive they need to get on board with reforms.In the absence of any cooperation from the Senate, Mr. Biden could establish a bipartisan executive commission. Its primary task would be to tell the story of what happened and to propose remedies. It would need to have the power to compel the production of both witnesses and documents, and the mandate to produce as complete and accurate a record as possible of the violations of laws and norms by the Trump administration.It’s been four years since Americans lived under a president who placed the country’s well-being and security above his own personal interests. Simply by occupying the Oval Office, Mr. Biden can begin to repair the damage caused by his predecessor. With every act he takes, he will send an important message to the American people, and the world, about what a president should do — and, perhaps more important, what a president should not do, even if he technically has the power to do it.That’s why Mr. Biden’s victory is significant, apart from any specific reforms. “So much of whether these reforms will be successful and whether the prestige of the presidency and the dignity of the presidency will be respected is not going to depend on legal reform,” said Jack Goldsmith, a lawyer in the George W. Bush administration who co-wrote a book about reconstructing the presidency after Mr. Trump. “It’s going to depend on the identity of the person who’s the president. So not everything can be done by law. Some things need to be done by elections.”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.AdvertisementContinue reading the main story More