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    Turmoil Over Student Support for Hamas

    More from our inbox:A Harder Slap on the Wrist for Sidney Powell?A billboard truck displayed the names and faces of Harvard students who were linked to an anti-Israel letter.Sophie Park for The New York TimesTo the Editor:Re “Student Letter Hits Fault Line in Free Speech” (front page, Oct. 19):The unequivocal support for Hamas by some students at elite colleges is irksome and puzzling. These bright young students claim to value tolerance and inclusion while objecting to capital punishment.The savage murders of Israeli babies and senior citizens in their homes and the rape of young Israeli women do not seem to perturb Hamas’s many followers at Harvard and Columbia, but don’t they realize that Hamas brutally persecutes the L.G.B.T.Q. community in Gaza, subjugates women, and tortures and summarily executes dissidents?Ironically, Israel has a much better record on these core human rights issues that progressives insist are key.Adam M. ShawBaltimoreTo the Editor:While the article accurately portrays some of the fears invoked by these dangerous attempts at doxxing at Harvard, the damage has extended even further than described. As a member of the class of 2021, I’ve heard from several classmates who were included in the doxxing list yet have not been associated for years with the student groups that signed onto this statement holding the “Israeli regime” responsible for “all unfolding violence.” Others who appear on the doxxing list are indeed active members of one of the groups, yet had nothing to do with their leadership’s signing onto the statement.This is the logical consequence of such McCarthyite tactics: They provide no opportunity for the accused to respond.Bill Ackman, the hedge fund billionaire who urged that the names of students be circulated to avoid hiring them, and others should be ashamed of themselves for allowing a recent Stanford undergraduate to determine the fates of students partly through “tips sent to an email address.”Such unverified, crowdsourced allegations are misguided in any circumstances, but especially so when they are directed at individuals from marginalized backgrounds.Jonah S. BergerPittsburghTo the Editor:Students who support the liberation and self-determination of Palestine are being targeted for being “antisemitic.” The harassment of these students demonstrates that there is no recognition of the free speech rights of those who critique the Israeli government’s brutal military occupation.We in the U.S. must end the silencing of dissent about Israel’s actions. The nonviolent Boycott, Divestment and Sanctions movement to force changes in policies of forced removal of Palestinians must be honored as a legitimate tactic instead of being labeled antisemitic.We must learn to listen to the legitimate opinions that the U.S. should not be complicit in Israel’s colonial-settler policies, just as we must listen to the demands for a cease-fire, an end to military aid and a space where Palestinians can represent themselves in diplomatic avenues.Carla S. SchickOakland, Calif.To the Editor:It strikes me that the students at Harvard who complain about being “doxxed” misunderstand the concept of free speech. Free speech means that you are free to say whatever is on your mind “free” of government restrictions. It does not mean that your speech is free of consequences.If you open your mouth and say something stupid, people will naturally think you’re stupid. If you say mean things, they likely will think you mean. And if you act as an apologist for terrorists, people will understand you to be an apologist for terrorists.Words have consequences. I, for one, have little sympathy for these individuals.Sanford H. MargolinPiedmont, Calif.A Harder Slap on the Wrist for Sidney Powell?Sidney Powell and Rudolph W. Giuliani in 2020. It remains unclear what Ms. Powell might say about former President Donald J. Trump if called upon to testify against him.Jacquelyn Martin/Associated PressTo the Editor:Re “Trump Insider Agrees to Testify in Georgia Case” (front page, Oct. 20), about Sidney Powell’s plea deal:A letter of apology and a minor fine?That is an appropriate punishment when you throw a rock through the neighbor’s window, or steal bubble gum from the local candy store. It is a decidedly less than adequate response when you have deliberately and repeatedly taken part in an effort to undo the results of a presidential election with the clear purpose of throwing this nation into chaos.I understand that plea bargains are just that, an accord intended to recognize that a wrong was done but minimize the punishment inflicted. But telling Sidney Powell to go sit in a corner for five minutes, I mean, really?I understand the big prize is the former president, but I think Ms. Powell may have been convinced to testify even if her wrist had been slapped a bit harder.Maybe what should have been required was a letter of apology not just to the citizens of Georgia but also to a larger audience — like our entire country.Robert S. NussbaumFort Lee, N.J. More

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    The Deep Roots of Republican Dysfunction

    The collapse of the House Republican majority into chaos is the clearest possible evidence that the party is off the rails.Of course, the Republican Party has been off the rails for a while before now. This was true in 2010, when Tea Party extremists swept through the party’s ranks, defeating more moderate Republicans — and pretty much any other Republican with an interest in the actual work of government — and establishing a beachhead for radical obstructionism. It was true in 2012, when many Republican voters went wild for the likes of Michele Bachmann, Herman Cain and Newt Gingrich in the party’s presidential primary, before settling on the more conventionally presidential Mitt Romney. But even then, Romney reached out to Donald Trump — famous, politically speaking, for his “birther” crusade against President Barack Obama — for his blessing, yet another sign that the Republican Party was not on track.The truth of the Republican Party’s deep dysfunction was obvious in 2013, when congressional Republicans shut down the government in a quixotic drive to repeal the Affordable Care Act, and it was obvious in 2016, when Republican voters nominated Trump for president. Everything that has followed, from the rise of influencer-extremist politicians like Representative Lauren Boebert to the party’s complicity in insurrectionist violence, has been a steady escalation from one transgression to another.The Republican Party is so broken that at this point, its congressional wing cannot function. The result is that this period is now the longest the House of Representatives has been in session without a speaker. And as Republican voters gear up to nominate Trump a third time for president, the rest of the party is not far behind. The only question to ask, and answer, is why.One popular answer is Donald Trump who, in this view, is directly responsible for the downward spiral of dysfunction and deviancy that defines today’s Republican Party. It’s his success as a demagogue and showman that set the stage for the worst of the behavior we’ve seen from elected Republicans.The problem, as I’ve already noted, is that most of what we identify as Republican dysfunction was already evident in the years before Trump came on the scene as a major figure in conservative politics. Even Trump’s contempt for the legitimacy of his political opponents, to the point of rejecting the outcome of a free and fair election, has clear antecedents in conservative agitation over so-called voter fraud, including efforts to raise barriers to voting for rival constituencies.Another popular answer is that we’re seeing the fruits of polarization in American political life. And it is true that within both parties, there’s been a marked and meaningful move away from the center and toward each side’s respective flank. But while the Democratic Party is, in many respects, more liberal than it has ever been, it’s also not nearly as ideologically uniform as the Republican Party. Nor does a rigid, doctrinaire liberalism serve as a litmus test among Democratic voters in Democratic Party primaries outside of a small handful of congressional districts.Joe Biden, for example, is the paradigmatic moderate Democrat and, currently, the president of the United States and leader of the Democratic Party, with ample support across the party establishment. And in Congress, there’s no liberal equivalent to the House Freedom Caucus: no group of nihilistic, obstruction-minded left-wing lawmakers. When Democrats were in the majority, the Congressional Progressive Caucus was a reliable partner of President Biden’s and a constructive force in the making of legislation. If the issue is polarization, then it seems to be driving only one of our two parties toward the abyss.Helpfully, the extent to which the Democratic Party still operates as a normal American political party can shed light on how and why the Republican Party doesn’t. Take the overall strength of Democratic moderates, who hold the levers of power within the national party. One important reason for this fact is the heterogeneity of the Democratic coalition. To piece together a majority in the Electoral College, or to gain control of the House or Senate, Democrats have to win or make inroads with a cross-section of the American public: young people, affluent suburbanites, Black, Hispanic and Asian Americans voters, as well as a sizable percentage of the white working class. To lose ground with any one of these groups is to risk defeat, whether it’s in the race for president or an off-year election for governor.A broad coalition also means a broad set of interests and demands, some of which are in tension with one another. This has at least two major implications for the internal workings of the Democratic Party. First, it makes for a kind of brokerage politics in which the most powerful Democratic politicians are often those who can best appeal to and manage the various groups and interests that make up the Democratic coalition. And second, it gives the Democratic Party a certain amount of self-regulation. Move too far in the direction of one group or one interest, and you may lose support among the others.If you take the internal dynamics of the Democratic Party and invert them, you get something like those within the Republican Party.Consider the demographics of the Republican coalition. A majority of all voters in both parties are white Americans. But where the Democratic Party electorate was 61 percent white in the 2020 presidential election, the Republican one was 86 percent, according to the Pew Research Center. Similarly, there is much less religious diversity among Republicans — more than a third of Republicans voters in 2020 were white evangelical Protestants — than there is among Democrats. And while we tend to think of Democrats as entirely urban and suburban, the proportion of rural voters in the Democratic Party as a whole is actually greater than the proportion of urban voters in the Republican Party. There is, in other words, less geographic diversity among Republicans as well.Most important, where nearly half of Democrats identify themselves as either “moderate” or “conservative” — compared with the half that call themselves “liberal” — nearly three-quarters of Republicans identify themselves as “conservative,” with just a handful of self-proclaimed moderates and a smattering of liberals, according to Gallup. This wasn’t always true. In 1994, around 33 percent of Republicans called themselves “moderate” and 58 percent said they were “conservative.” There were even, at 8 percent, a few Republican liberals. Now the Republican Party is almost uniformly conservative. Moderate Democrats can still win national office or hold national leadership. Moderate Republicans cannot. Outside a handful of environments, found in largely Democratic states like Maryland and Massachusetts, moderate Republican politicians are virtually extinct.But more than the number of conservatives is the character of the conservatism that dominates the Republican Party. It is, thanks to a set of social and political transformations dating back to the 1960s, a highly ideological and at times reactionary conservatism, with little tolerance for disagreement or dissent. The Democratic Party is a broad coalition geared toward a set of policies — aimed at either regulating or tempering the capitalist economy or promoting the inclusion of various groups in national life. The Republican Party exists almost entirely for the promotion of a distinct and doctrinaire ideology of hierarchy and anti-government retrenchment.There have always been ideological movements within American political parties. The Republican Party was formed, in part, by adherents to one of the most important ideological movements of the 19th century — antislavery. But, as the historian Geoffrey Kabaservice has observed, “The conversion of one of America’s two major parties into an ideological vehicle” is a “phenomenon without precedent in American history.”It is the absence of any other aim but the promotion of conservative ideology — by any means necessary, up to and including the destruction of democratic institutions and the imposition of minority rule — that makes this particular permutation of the Republican Party unique. It helps explain, in turn, the dysfunction of the past decade. If the goal is to promote conservative ideology, then what matters for Republican politicians is how well they adhere to and promote conservatism. The key issue for conservative voters and conservative media isn’t whether a Republican politician can pass legislation or manage a government or bridge political divides; the key question is whether a Republican politician is sufficiently committed to the ideology, whatever that means in the moment. And if conservatism means aggrieving your enemies, then the obvious choice for the nation’s highest office is the man who hates the most, regardless of what he believes.The demographic homogeneity of the Republican Party means that there isn’t much internal pushback to this ideological crusade — nothing to temper the instincts of politicians who would rather shut down the government than accept that a majority of Congress passed a law over their objections, or who would threaten the global economy to get spending cuts they could never win at the ballot box.Worse, because the institutions of American democracy give a significant advantage to the current Republican coalition, there’s also no external force pushing Republican politicians away from their most rigid extremes. Just the opposite: There is a whole infrastructure of ideologically motivated money and media that works to push Republican voters and politicians farther to the right.It is not simply that the Republican Party has politicians like Jim Jordan and Matt Gaetz and Marjorie Taylor Greene. It’s that the Republican Party is practically engineered to produce politicians like Jim Jordan and Matt Gaetz and Marjorie Taylor Greene. And there’s no brake — no emergency off-switch — that might slow or stop the car. The one thing that might get the Republican Party back on the rails is a major and unanticipated shift in the structure of American politics that forces it to adapt to new voters, new constituencies and new conditions.It’s hard to imagine what that might be. It can’t come soon enough.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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    Sidney Powell Pleads Guilty in Georgia Trump Case

    Ms. Powell, a lawyer who pushed baseless theories about ballot fraud in 2020, is the second defendant to accept a plea deal in the election interference case. Sidney Powell, the Trump-aligned lawyer and conspiracy theorist indicted in Georgia and accused of participating in a plot to overturn former President Donald J. Trump’s election loss in 2020, pleaded guilty on Thursday morning to six misdemeanor counts of conspiracy to commit intentional interference of election duties.Ms. Powell, who appeared in a downtown Atlanta courtroom, was sentenced to six years of probation for the charges, a significantly less-severe outcome than she would have faced if found guilty of the charges for which she was originally indicted, which included a violation of the state racketeering law.She was also fined $6,000 and agreed to pay $2,700 restitution to the State of Georgia, as well as write an apology letter “to the citizens of the state of Georgia.” More

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    Sidney Powell Seeks Distance From Trump Ahead of Georgia Trial

    Ms. Powell, a lawyer who promoted conspiracy theories about election fraud after Donald J. Trump’s 2020 defeat, now says she never represented him or his campaign.Few defenders of Donald J. Trump promoted election fraud theories after his 2020 defeat as stridently as Sidney K. Powell. In high-profile appearances, often alongside other members of the Trump legal team, she pushed conspiracies involving Venezuela, Cuba and China, as well as George Soros, Hugo Chávez and the Clintons, while baselessly claiming that voting machines had flipped millions of votes.But now Ms. Powell, who next week will be one of the first defendants to go to trial in the Georgia racketeering case against Mr. Trump and 17 of his allies, is claiming through her lawyer that she actually “did not represent President Trump or the Trump campaign” after the election.That claim is undercut by Ms. Powell’s own past words, as well as those of Mr. Trump — and there is ample video evidence of her taking part in news conferences, including one where Rudolph W. Giuliani, then Mr. Trump’s personal lawyer, introduced her as one of “the senior lawyers” representing Mr. Trump and his campaign.Most of the Georgia charges against Ms. Powell relate to her role in a data breach at an elections office in rural Coffee County, Ga. There, on the day after the Jan. 6 riots, Trump allies copied sensitive and proprietary software used in voting machines throughout the state in a fruitless hunt for ballot fraud.At a recent court hearing, Ms. Powell’s lawyer, Brian T. Rafferty, said that his client “had nothing to do with Coffee County.”But a number of documents suggest otherwise, including a 392-page file put together by the Georgia Bureau of Investigation that was obtained by The New York Times. The file, a product of the agency’s investigation into the data breach, has been turned over to Georgia’s attorney general, Chris Carr, a Republican.It is not clear that Mr. Carr will take any action, given that Fulton County’s district attorney, Fani T. Willis, has already brought racketeering charges against Ms. Powell, Mr. Trump and 17 others. The Fulton indictment accuses them of participating in a “criminal organization” with the goal of subverting Georgia’s election results.Brian Rafferty, a lawyer representing Ms. Powell, spoke during a hearing this week.Pool photo by Alyssa PointerJury selection in Ms. Powell’s trial and that of Kenneth Chesebro, a legal architect of the plan to deploy fake electors for Mr. Trump in Georgia and other swing states, starts on Monday. Ms. Powell and Mr. Chesebro demanded a speedy trial, their right under Georgia law, while Mr. Trump and most other defendants are likely to be tried much later.Ms. Powell’s vow during a Fox Business Network appearance in 2020 to “release the kraken,” or a trove of phantom evidence proving that Mr. Trump had won, went viral after the election, though the trove never materialized. The next year, after Dominion Voting Systems sued her and a number of others for defamation, Ms. Powell’s lawyers argued that “no reasonable person would conclude” that some of her wilder statements “were truly statements of fact.”That led the office of Brad Raffensperger, Georgia’s Republican secretary of state, to crow that “The Kraken Cracks Under Pressure,” and precipitated a spoof of Ms. Powell on Saturday Night Live.Not all are convinced that her conduct veered into criminality.“You have to separate crazy theories from criminal conspiracies,” said Harvey Silverglate, a Boston-area lawyer and civil liberties advocate who has a unique perspective: He is representing John Eastman, another lawyer-defendant in the case, and is a co-author of a 2019 book with Ms. Powell that looked at prosecutorial overreach.“That’s the big dividing line in this whole prosecution — what is criminal and what is wacky, or clearly erroneous or overreaching,” Mr. Silverglate said.Ms. Powell, he added, is “in a tougher position” than his own client, because the accusations against her go beyond the notion that she merely gave legal advice to the Trump campaign as it sought to overturn Mr. Biden’s win. But Mr. Silverglate also said he didn’t think prosecutors would win any convictions in the Georgia case or the three other criminal cases against Mr. Trump in New York, Florida and Washington, given how politicized the trials will be.“I think in any jurisdiction — even Washington, D.C. — you will have at least one holdout,” he said.Ms. Powell is a North Carolina native and a onetime Democrat who spent a decade as a federal prosecutor in Texas and Virginia before establishing her own defense practice. In 2014, she wrote a book, “Licensed to Lie: Exposing Corruption in the Department of Justice.” She billed it as an exposé of a department riddled with prosecutors who used “strong-arm, illegal, and unethical tactics” in their “narcissistic pursuit of power.”Ms. Powell appeared on Mr. Trump’s radar when she represented his national security adviser, Michael Flynn, who in 2017 pleaded guilty to lying to federal investigators about his contacts with Russia’s ambassador to the United States during the presidential transition. He later tried to withdraw the plea.Ms. Powell, appearing on Fox News, argued that the case should never have been brought and that the F.B.I. and prosecutors “broke all the rules.” Mr. Trump would go on to pardon Mr. Flynn a few weeks after losing the 2020 election.On election night itself, Ms. Powell was at the White House watching the returns come in, according to her testimony to House investigators. When they asked what her relationship with Mr. Trump had been, she declined to answer, she said, because of “attorney-client privilege.”By Nov. 14, Mr. Trump, in a tweet, specifically referred to Ms. Powell as a member of his “truly great team.” Ms. Powell’s lawyer has pointed out that she was not paid by the Trump campaign. But the Trump connection helped her raise millions of dollars for Defending the Republic, her nonprofit group that is dedicated in part to fighting election fraud.Around that time, Ms. Powell, Mr. Flynn and other conspiracy-minded Trump supporters began meeting at a South Carolina plantation owned by L. Lin Wood, a well-known plaintiff’s attorney. According to the Georgia Bureau of Investigation file, it was decided there that an Atlanta-based technology firm, SullivanStrickler, “would be used to capture forensic images from voting machines across the nation to support litigation” and that “Powell funded SullivanStrickler’s efforts.”By late November, the Trump team grew exasperated with Ms. Powell’s wild claims and publicly cut ties. But the schism was short-lived; she would make several trips to the White House in the weeks that followed.On Dec. 18, Ms. Powell attended a heated Oval Office meeting with Mr. Trump and Mr. Giuliani that the Georgia indictment lists as an “overt act” in furtherance of the election interference conspiracy. According to the Georgia indictment, they discussed “seizing voting machines” as well as possibly naming Ms. Powell a special counsel to investigate allegations of voter fraud, though the appointment was never made.Sidney Powell appeared on a screen during a July 2022 hearing of the House committee investigating the Jan. 6 attacks.Doug Mills/The New York TimesOn Jan. 7, a number of Trump allies, along with SullivanStrickler employees, traveled to Coffee County. “We scanned every freaking ballot,” Scott Hall, a Georgia bail bondsman who made the trip, recalled in a recorded phone conversation at the time. He pleaded guilty to five misdemeanors last month and agreed to cooperate with prosecutors.Misty Hampton, a defendant in the racketeering case who was the Coffee County elections administrator, welcomed the Trump-aligned team into the building. But the Georgia Bureau of Investigation file makes clear that the county election board did not officially approve the visit and that local officials lacked authority over the voting equipment. (Ms. Hampton, Ms. Powell and other Fulton County defendants are among the subjects of the state investigation listed in the G.B.I. file, as is Katherine Friess, a lawyer who worked with Mr. Giuliani after the election.)While SullivanStrickler didn’t deal exclusively with Ms. Powell, a number of the firm’s employees have asserted that Ms. Powell was the client for its work copying the Coffee County election data, according to the G.B.I. investigation.“The defense’s stance that Sidney Powell was not aware of the Coffee County breaches is preposterous,” said Marilyn Marks, executive director of the Coalition for Good Governance, a plaintiff in civil litigation over Georgia’s voting security that unearthed much of what happened in Coffee County.According to the racketeering indictment, the data copied that day included “ballot images, voting equipment software and personal voter information.” SullivanStrickler invoiced Ms. Powell more than $26,000 for its work, and her organization, Defending the Republic, paid the bill.Mr. Raffensperger, the secretary of state, subsequently replaced Coffee County’s voting machines and said that “the unauthorized access to the equipment” had violated Georgia law. 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    The Debate Over How Dangerous Trump Rages On

    “Democracy is a system in which parties lose elections,” Adam Przeworski, a political scientist at N.Y.U., wrote in 1991 — a definition that would prove prescient in the wake of the 2020 election.“Outcomes of the democratic process are uncertain, indeterminate ex ante,” Przeworski continued. “There is competition, organized by rules. And there are periodic winners and losers.”Presumably, Donald Trump has no idea who Adam Przeworski is, but Trump refused to accept the Przeworski dictum in the aftermath of his 2020 defeat, claiming victory despite all evidence to the contrary.Trump’s success in persuading a majority of Republicans of the legitimacy of his palpably false claims has revealed the vulnerability of American institutions to a subversion of democratic norms. That much is well known.These questions were gaining salience even before the 2020 election. As Lilliana Mason, a political scientist at Johns Hopkins, explains in her 2018 book, “Uncivil Agreement: How Politics Became Our Identity”:The election of Trump is the culmination of a process by which the American electorate has become deeply socially divided along partisan lines. As the parties have grown racially, religiously, and socially distant from one another, a new kind of social discord has been growing. The increasing political divide has allowed political, public, electoral, and national norms to be broken with little to no consequence. The norms of racial, religious, and cultural respect have deteriorated. Partisan battles have helped organize Americans’ distrust for “the other” in politically powerful ways. In this political environment, a candidate who picks up the banner of “us versus them” and “winning versus losing” is almost guaranteed to tap into a current of resentment and anger across racial, religious, and cultural lines, which have recently divided neatly by party.Most recently, these questions have been pushed to the fore by two political scientists at Harvard, Steven Levitsky and Daniel Ziblatt, who published “Tyranny of the Minority” a month ago.Their thesis:By 2016, America was on the brink of a genuinely multiracial democracy — one that could serve as a model for diverse societies across the world. But just as this new democratic experiment was beginning to take root, America experienced an authoritarian backlash so fierce that it shook the foundations of the republic, leaving our allies across the world worried about whether the country had any democratic future at all.This authoritarian backlash, Levitsky and Ziblatt write, “leads us to another unsettling truth. Part of the problem we face today lies in something many of us venerate: our Constitution.”Flaws in the Constitution, they argue,now imperil our democracy. Designed in a pre-democratic era, the U.S. Constitution allows partisan minorities to routinely thwart majorities, and sometimes even govern them. Institutions that empower partisan minorities can become instruments of minority rule. And they are especially dangerous when they are in the hands of extremist or antidemocratic partisan minorities.The Levitsky and Ziblatt thesis has both strong supporters and strong critics.In an essay published this month, “Vetocracy and the Decline of American Global Power: Minority Rule Is the Order in American Politics Today,” Francis Fukuyama, a senior fellow at Stanford’s Freeman Spogli Institute for International Studies, argues:America has become a vetocracy, or rule by veto. Its political system spreads power out very broadly, in ways that give many individual players the power to stop things. By contrast it provides few mechanisms to force collective decisions reflecting the will of the majority.When combined with the extreme degree of polarization in the underlying society, Fukuyama goes on, “this leads to total gridlock where basic functions of government like deliberating on and passing yearly budgets become nearly impossible.”Fukuyama cites the ongoing struggle of House Republicans to elect a speaker — with the far-right faction dead set against a centrist choice — as a case study of vetocracy at work:The ability of a single extremist member of the House to topple the speaker and shut down Congress’ ability to legislate is not the only manifestation of vetocracy on display in 2023. The Senate has a rule that gives any individual senator the right to in effect block any executive branch appointment for any reason.In addition, the Senate requires “a supermajority of 60 votes to call the question, making routine legislating very difficult.”I asked Fukuyama whether America’s current problems stem, to some extent, from the constitutional protection of the interests of minority factions (meant here the way it’s used in Federalist 10).He replied by email: “The large numbers of checks and balances built into our system did not present insuperable obstacles to governance until the deepening of polarization in the mid-1990s.”Sanford Levinson, a law professor at the University of Texas, makes a different argument: “I think that our current problems are directly traceable to deficiencies in the formal structures of the American political system as set out in 1787 and too infrequently amended thereafter.”In his 2008 book, “Our Undemocratic Constitution,” Levinson writes, “I have become ever more despondent about many structural provisions of the Constitution that place almost insurmountable barriers in the way of any acceptable notion of democracy.”In support of his thesis, Levinson asks readers to respond to a series of questions “by way of preparing yourself to scrutinize the adequacy of today’s Constitution”:Do you support giving Wyoming the same number of votes in the Senate as California which has roughly seventy times the population? Are you comfortable with an Electoral College that has regularly placed in the White House candidates who did not get a majority and, in at least two — now three — cases over the past 50 years did not even come in first? Are you concerned that the president might have too much power, whether to spy on Americans without any congressional or judicial authorization or to frustrate the will of the majority of both houses of Congress by vetoing legislation with which he disagrees on political ground?Pessimistic assessments of the capacity of the American political system to withstand extremist challenge are by no means ubiquitous among the nation’s scholars; many point to the strength of the judiciary in rejecting the Trump campaign’s claims of election fraud and to the 2022 defeat of prominent proponents of “the big lie.” In this view, the system of checks and balances is still working.Kurt Weyland, a political scientist at the University of Texas-Austin, is the author of the forthcoming book “Democracy’s Resilience to Populism’s Threat.” Weyland contended by email that instead of treating the “United States’ counter-majoritarian institutions as a big problem, firm checks and balances have served as a safeguard against the very real threats posed by Trump’s populism.”Weyland continued:Without independent and powerful courts; without independent state and city governments; without federalism, which precluded central-gov’t interference in the electoral system; and without a bicameral congress, in which even Republicans slowed down Trump by dragging their feet; without all these aspects of US counter-majoritarianism, Trump could have done significantly more damage to U.S. democracy.Polarization, Wayland argued, is a double-edged sword:In a counter-majoritarian system, it brings stalemate and gridlock that allows a populist leader like Trump to claim, “Only I can do it,” namely cut through this Gordian knot, with “highly problematic” miracle cures like “Build the Wall.’ ”But at the same time, Weyland continued,Polarization has one — unexpected — beneficial effect, namely, to severely limit the popular support that Trump could ever win: Very few Democrats would ever support him! Thus, whereas other undemocratic populists like Peru’s Fujimori, Venezuela’s Chavez, or now El Salvador’s Bukele won overwhelming mass support — 70-90 percent approval — and used it to push aside liberal obstacles to their insatiable power hunger, Trump never even reached 50 percent. A populist who’s not very popular simply cannot do that much damage to democracy.Along similar lines, Frances Lee, a political scientist at Princeton, argues in a 2019 paper, “Populism and the American Party System: Opportunities and Constraints,” that compared with most other democracies, “the U.S. system offers much less opportunity for organized populist parties but more opportunity for populist candidacies.”The two major parties, Lee continues, are more “vulnerable to populist insurgency than at other points in U.S. history because of (1) changes in communications technology, (2) the unpopularity of mainstream parties and party leaders and (3) representation gaps created by an increasingly racialized party system.”At the same time, according to Lee, “the U.S. constitutional system impedes authoritarian populism, just as it obstructs party power generally. But the vulnerability of the major parties to populist insurgency poses a threat to liberal democratic norms in the United States, just as it does elsewhere.”American public opinion, in Lee’s view, “cannot be relied on as a bulwark of liberal rights capable of resisting populism’s tendencies toward authoritarianism and anti-pluralism.”While the U.S. electoral system “has long been unfavorable to insurgent or third parties, including populist parties,” Lee writes, the avenue to political power lies in the primary nomination process:The American system of nominations subjects the major parties to radically open internal competition through primary elections. The combined result of these electoral rules is that populists win more favorable outcomes in intraparty competition than in interparty competition.In one area of agreement with Levitsky and Ziblatt, Lee makes the case that the diminishing — that is, veiled — emphasis of previous generations of Republican leaders on divisive issues of race, ethnicity and immigration provided a crucial opening for Trump.“Before 2016, the national leadership of the Republican and Democratic Parties had been trending toward closer convergence on policy issues relating to race and ethnicity, both in terms of party positions and rhetoric,” she writes, adding that “before 2016, the two parties also did not offer clear alternatives on immigration.”This shift to a covert rather than an overt approach to racial issues created an opening for Trump to run as a broadly “anti-elite” candidate representing the views of the white working class.“Willing to violate norms against the use of racialized rhetoric, Trump was able to offer primary voters a product that other Republican elites refused to supply,” Lee writes. “Those appeals strengthened his populist, anti-elite credentials and probably contributed to his success in winning the nomination.”There is a third line of analysis that places a strong emphasis on the economic upheaval produced by the transition from a manufacturing economy to a technologically based knowledge economy.In their June 2023 article “The Revival of U.S. Populism: How 39 Years of Manufacturing Losses and Educational Gains Reshaped the Electoral Map,” Scott Abrahams and Frank Levy, economists at Louisiana State University and M.I.T., make the case that polarization and institutional gridlock have roots dating back more than four decades:The current revival of right-wing populism in the United States reaches back to 1980, a year that marked a broad shift in national production and the demand for labor. In that year, manufacturing employment began a long decline and the wage gap between college and high school graduates began a long expansion.The result, Abrahams and Levy contend:was a growing geographic alignment of income, educational attainment and, increasingly, cultural values. The alignment reinforced urban/rural and coastal/interior distinctions and contributed to both the politicization of a four-year college degree and the perception of educated “elites” or “coastal elites” — central parts of today’s populist rhetoric.Abrahams and Levy conclude: “If our argument is correct, it has taken almost 40 years to reach our current level of polarization. If history is a guide, it won’t quickly disappear.”Herbert Kitschelt, a political scientist at Duke, argued in an email that the strains on the American political system grow out of the interaction between divisive economic and cultural trends and the empowerment of racial and ethnic minorities: “The inevitable emerging socio-economic divisions in the transition to knowledge societies — propelled by capitalist creative destruction — and the sociocultural kinship divisions develop a politically explosive stew due to the nature of U.S. political institutions.”On one side, Kitschelt wrote, “Technological innovation and economic demand patterns have led to a substitution of humans in routine tasks jobs by ‘code’ and machines — whether in manufacturing or services/white collar occupations. These precipitate wage stagnation and decline.”On the other side, “There is a revolution of kinship relations that got underway with the access of women to higher education in the 1950s and 1960s. This has led to a questioning of traditional paternalistic family relations and triggered a reframing of gender conceptions and relations, as well as the nature and significance of procreation and socialization of the next generation.”The interaction, Kitschelt continued, “of socio-economic anxiety-promoting decline amplified by rapid demographic erosion of the share of white Anglo-Saxon ethnics, and cultural stress due to challenges of paternalist kinship relations and advances of secularization have given rise to the toxic amalgam of white Christian nationalism. It has become a backbone and transmission belt of right-wing populism in the U.S.”At the same time, Kitschelt acknowledged, “Levitsky and Ziblatt are absolutely right that it is the circumstances of enslavement at the founding moment of U.S. independence and democracy that created a system of governance that enable a determined minority (the enslavers) to maintain a status quo of domination, exploitation, and dehumanization of a whole tier of members of society which could not be undone within the locked-in web of institutional rules.”To support his argument, Kitschelt cited “the process in which Trump was chosen as U.S. president”:Roughly 10 percent of registered voters nationwide participated in the Republican presidential primaries in 2016. The plurality primary winner, Donald Trump, rallied just 3-5 percent of U.S. registered voters to endorse his candidacy and thereby sail on to the Republican Party nomination. These 3-5 percent of the U.S. registered voters — or 2-4 percent of the U.S. adult residential population — then made it possible for Trump to lose the popular vote but win the Electoral College majority.All of which gets us back to the Przeworski dictum with which I began this column, that “democracy is a system in which parties lose elections.”Przeworski’s claim, Henry Farrell, a political scientist at Johns Hopkins, writes in an essay published last month, “inspired a lot of political scientists to use game theory to determine the conditions under which democracy was ‘self-enforcing’: that is, how everyone’s beliefs and actions might line up to make democracy a self-fulfilling prophecy.”At the same time, Farrell continues, “his argument powerfully suggests a theory of democratic fragility, too.” What happens when “some powerful organized force, such as a political party, may look to overturn democratic outcomes” or “such a force may look to ‘drastically reduce the confidence of other actors in democratic institutions’”?At that point, as the two parties react to each other, Farrell suggests, “democracy can become self-unraveling rather than self-enforcing”:If you (as say the leader of the Republican Party) look to overturn an election result through encouraging your supporters to invade the U.S. Capitol, and claim that the election was a con, then I (as a Democratic Party leader) am plausibly going to guess that my chances of ever getting elected again will shrivel into nonexistence if you gain political power again and are able to rig the system. That may lead me to be less willing to play by the rules, leading to further collapse of confidence on your part and so on, in a downward spiral.In other words, with a majority of Republicans aligned with an authoritarian leader, Democrats will be the group to watch if Trump wins re-election in November 2024, especially so if Republicans win control of both the House and Senate.While such a turn of events would replicate the 2016 election results, Democrats now know much more about what an across-the-board Republican victory would mean as Trump and his allies have more or less announced their plans for 2025 if they win in 2024: the empowerment of a party determined to politicize the civil service, a party committed to use the Department of Justice and other agencies to punish Democrats, a party prepared to change the rules of elections to guarantee the retention of its majorities.In a report last month, “24 for ’24: Urgent Recommendations in Law, Media, Politics and Tech for Fair and Legitimate 2024 U.S. Elections,” an ad hoc committee convened by the Safeguarding Democracy Project and U.C.L.A. Law School warned:“The 2020 elections confirmed that confidence in the fairness and legitimacy of the election system in the United States can no longer be taken for granted. Without the losing side accepting the results of a fair election as legitimate, the social fabric that holds democracy together can fray or tear.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Apotheosis of Jim Jordan Is a Sight to Behold

    No problem in the American system at this moment is as acute and disruptive as the one posed by the Republican Party.Yes, of course, there are any number of structural problems facing American politics.Our system of elections — first-past-the-post voting, the Electoral College, single-member districts and partisan gerrymandering — feeds into and amplifies our partisan and ideological polarization. Our system of federalism and dual sovereignty between state and national government allows for laboratories of autocracy as much as testing grounds for democracy. Our counter-majoritarian institutions and supermajority rules stymie democratic majorities and turn stability into stasis, putting terrible stress on our entire political system.But it’s hard to deal with any of those, or even just live with them, when one of our two major parties is on a downward spiral of dysfunction, with each version of itself more chaotic and deviant than the last.For years, it has been evident that the Republican Party can’t govern. When Donald Trump was in office, it was revealing to see the extent to which Republican majorities in Congress struggled to write and pass any legislation of consequence. To wit, after an unsuccessful herculean lift trying to repeal the Affordable Care Act and a successful effort to cut taxes (the lowest hanging fruit on the conservative menu), congressional Republicans essentially stopped legislating until they were dislodged from control of the House in the 2018 midterms.What’s become clear of late, in the midst of the chaos that has left the House without a speaker at a particularly fraught moment in foreign and domestic affairs, is that Republicans are as unable to organize themselves as they are incapable of leading the affairs of state.The worst of the problem of the Republican Party, however, is evident in the rise of Jim Jordan and the ascendance of the insurrection wing of the party, with only modest opposition from supposedly more reasonable Republican lawmakers.Representative Dan Crenshaw of Texas, for example, has a reputation for being reasonable. He is staunchly conservative, but his feet are mostly planted in reality.Crenshaw has been publicly critical of the most disruptive and intransigent members of the House Republican conference, especially those in the House Freedom Caucus, and even wrote an essay in The Wall Street Journal condemning the effort to overturn the 2020 presidential election. A small gesture, all things considered, but still more than most of his colleagues could manage.Crenshaw seems like the kind of Republican who would oppose Jordan’s bid to be speaker of the House. Jordan, first elected to the House in 2006, is a far-right ideologue and conspiracy theorist whose most notable accomplishment in office was helping to organize his fellow ideologues and conspiracy theorists into the House Freedom Caucus in 2015. Jordan, who represents the Fourth District of Ohio, was one of Trump’s leading supporters in the months leading up to and following the 2020 presidential election, accusing Democrats, repeatedly, of trying to steal the election.“Jim Jordan was deeply involved in Donald Trump’s antidemocratic efforts to overturn the 2020 presidential election,” Thomas Joscelyn, one of the authors of the final report from the House select committee investigating the Jan. 6, 2021, attack at the Capitol, told CNN last week. “Jordan also helped organize congressional opposition to counting Biden’s certified electoral votes. None of Jordan’s efforts were rooted in legitimate objections. He simply sought to keep Donald Trump in power, contrary to the will of the American people.”Crenshaw’s stated contempt for exactly the kind of rhetoric and behavior exemplified by Jordan has not, however, stopped the Texas Republican from backing his colleague from Ohio for speaker of the House. In an interview on Sunday with CNN’s Jake Tapper, Crenshaw claimed that Jordan had “become part of the solution, not part of the problem” with regard to the chaos among House Republicans and dismissed Jordan’s contempt for the law and attempt to overturn the presidential election as non-issues. “If I held that grudge, I wouldn’t have friends in the conference,” Crenshaw said. “I was on an island there.”Crenshaw isn’t the only supposedly reasonable Republican member of Congress willing to look past the fact that the leading candidate for speaker of the House was an active participant in a scheme to subvert the Constitution and install a defeated president in office for a second term.“Even some of the Republicans who have vowed, publicly and privately, to fight him at every turn are beginning to get weak knees about supporting him, fearing that collective will is dwindling as their numbers decrease,” Politico reports. Jordan’s allies have also expressed their view that the opposition to his bid for speaker will melt away as the actual vote on the floor comes near.Once again, Republicans are confronted with a deeply transgressive figure with open contempt for the institutions of American democracy, flawed as they may be. Once again, Republicans swear they’ll resist his ascent. Once again, Republicans cave, more fearful of losing a primary — or coming in for criticism from conservative media — than they are of virtually anything else.And each time they cave, these more moderate or mainstream Republicans make the situation a little worse, for themselves and for the country. Kevin McCarthy bowed to expediency and pressure when he voted to overturn the 2020 presidential election in the House of Representatives. He did the same when he empowered the most gleeful insurrectionists in his attempt to gain the speaker’s gavel. Now he’s out, and Jim Jordan is on the rise.If he wins, Jordan may not last in the position. The kind of speaker who must twist arms and make threats using conservative media to win the job is, in the modern House, not the kind of speaker who survives long beyond the next election cycle, even if his party holds its majority.Who will replace Jim Jordan if and when he falls? It could well be someone worse. And it will probably be someone worse, because there is nothing happening inside the Republican Party right now that can keep it from falling even farther into the abyss.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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    Oprah Floated a 2020 Presidential Ticket With Mitt Romney, Book Says

    Ms. Winfrey wanted to form the independent ticket to stop Donald J. Trump, according to a forthcoming book. Mr. Romney listened to the pitch but passed on the idea, the biography says.Concerned that the Democratic field wasn’t up to the task of stopping President Donald J. Trump in 2020, Oprah Winfrey pitched Mitt Romney on the idea of running for president as an independent, with her as his running mate, according to a forthcoming biography of the Republican senator from Utah.Ms. Winfrey floated the unusual ticket in a phone call she placed to Mr. Romney’s wife, Ann Romney, in November 2019, according to an excerpt from the book, “Romney: A Reckoning,” that was shared with The New York Times.Mr. Romney at least listened to the idea. (It was Oprah calling, after all.) He “heard the pitch, and told her he was flattered, but that he’d have to pass,” the author, McKay Coppins of The Atlantic, writes.Liz Johnson, an aide to Mr. Romney, declined to comment on Monday. A spokeswoman for Ms. Winfrey said in a statement that she had urged Mr. Romney to run, but not with her.“In November 2019, Ms. Winfrey called Senator Romney to encourage him to run on an independent ticket,” the statement said. “She was not calling to be part of the ticket and was never considering running herself.”Mr. Coppins’s book was based on hours of interviews with Mr. Romney, as well as emails, texts and journals that the senator had been saving to potentially write a memoir. Realizing he could not be objective about himself, Mr. Romney has said he chose to have a journalist write about him instead.Ms. Winfrey’s interest in forming an independent ticket with Mr. Romney, which was reported on Monday by Axios, is among several dishy items from the book, which is to be released on Oct. 24.She has known the Romneys since 2012, when she interviewed them at their lakeside home in New Hampshire as Mr. Romney was running for president. Ms. Winfrey had also seen Ms. Romney at various social events, and was “especially fond” of her, according to the book.On the phone with Ms. Romney, Ms. Winfrey explained that Michael Bloomberg, the former New York City mayor, was preparing to enter the race and had approached her about joining his ticket. Before she decided, she wanted to gauge Mr. Romney’s interest.She doubted that Joseph R. Biden Jr. or Pete Buttigieg could beat Mr. Trump and was “certain” that Senator Elizabeth Warren of Massachusetts could not, according to the book.Ms. Romney responded that her husband would not run for president in 2020, either as a Republican or as an independent, Mr. Coppins writes. Mr. Romney also politely batted down the idea, according to the book.An aide to Mr. Bloomberg declined to comment.Ms. Winfrey has at times been mentioned as a potential presidential candidate herself.In 2018, after she delivered a rousing speech at the Golden Globes, some were clamoring for her to run. But she told “60 Minutes Overtime” that she would not become a candidate in 2020 even though “I had a lot of wealthy men calling, telling me that they would run my campaign and raise $1 billion for me.”“I am actually humbled by the fact that people think that I could be a leader of the free world, but it’s just not in my spirit,” she said. “It’s not in my DNA.”Mr. Romney, 76, recently announced that he would not seek re-election in 2024, saying he wanted to make way for a “new generation of leaders.” He strongly suggested that Mr. Trump and President Biden should also bow out, arguing that neither was effectively leading his party to confront the “critical challenges” the nation faces. More