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    Lawyers for Fake Trump Electors Hint at Defense Strategy in Georgia Case

    The details came at a hearing on whether the three electors, co-defendants of Donald J. Trump in an election interference case, could have their cases moved to federal court.Lawyers for three Georgia Republicans charged in a racketeering indictment for casting false Electoral College votes for former President Donald J. Trump offered a glimpse of their defense strategy on Wednesday, telling a federal judge that they submitted the votes as part of their “duty” under federal law.The three defendants — David Shafer, the former chairman of the Georgia Republican Party; Cathy Latham, a party activist from a rural part of the state; and State Senator Shawn Still — were among 16 Republicans recruited to cast electoral votes for Mr. Trump at the Georgia State Capitol on Dec. 14, 2020, the same day that the legitimate electors for President Biden met to cast their votes for him.The three are among 19 people, including Mr. Trump, who were charged last month in an indictment that sketches out a multifaceted scheme to illegally overturn the former president’s 2020 election loss in Georgia. Crucial to the plan, the indictment says, was an effort to recruit Trump loyalists to “convene and cast false Electoral College votes” in Georgia.On Wednesday morning, lawyers for the three fake electors squared off against prosecutors from the Fulton County district attorney’s office in a hearing over whether the three were serving as “federal officers.” Such a designation could allow them to move their cases from state court to the federal system, where the jury pool would be somewhat more supportive of Mr. Trump.The defense lawyers are hoping that Judge Steve C. Jones of U.S. District Court will move the case to federal court — or throw out their clients’ cases completely.At the hearing, the lawyers for the would-be electors said that their clients had believed they were legally preserving Mr. Trump’s rights in case a lawsuit challenging the election at the time ended up in his favor.That lawsuit was filed by Mr. Trump and Mr. Shafer four days before the so-called safe harbor deadline of Dec. 8, 2020, when state-level election challenges were supposed to be wrapped up. Craig Gillen, a lawyer for Mr. Shafer, noted that a judge had not ruled on the lawsuit by the deadline. Therefore, he argued, Georgia, under federal law, lost its authority to decide who the legitimate electors were.That made it incumbent upon the Republican electors to cast votes for Mr. Trump, he said, so that Congress could decide which electoral votes from Georgia to ultimately count.“They did their duty,” Mr. Gillen said, arguing that they should be considered “contingent electors,” and not “fake electors,” as described by prosecutors and reporters.“It’s just too easy to say ‘fake’ without digging into what the law says,” he said.Anna Cross, a special prosecutor, countered that the electors had acted not out of duty, but in their own self-interest, and in the interest of their preferred candidate. She called the lawsuit filed by Mr. Shafer and Mr. Trump “meritless,” and said that the filing of such a suit just before the deadline should not be allowed to cause electoral “chaos.” (The lawsuit was voluntarily withdrawn by the plaintiffs on Jan. 7, 2021.)Not only were the electors not federal officials, Ms. Cross said, but they “were no electors at all.”While the hearing played out in federal court, pretrial jockeying continued in state court, where defense lawyers are seeking other ways to strengthen their hand as an Oct. 23 trial date for two of the 19 defendants, the lawyers Sidney Powell and Kenneth Chesebro, approaches. On Tuesday, Judge Scott McAfee of Fulton County Superior Court ruled that defense lawyers could interview members of the grand jury that returned the indictment against Mr. Trump and his co-defendants — but only those who were willing to be questioned.On Wednesday, the office of Fani T. Willis, the Fulton County district attorney, filed a notice pointing to potential conflicts of interest for several of the defense lawyers, though it was unclear if any were serious enough to merit action from Judge McAfee. Many of the suggested conflicts related to having prior connections to witnesses who might be called to testify during a trial.One of the state’s witnesses mentioned in the filing was L. Lin Wood, one of the lawyers who sought to overturn Mr. Trump’s 2020 election loss. After the election, Mr. Wood, who was not charged in the case, embraced conspiracy theories and extreme rhetoric, at one point calling for putting former Vice President Mike Pence before a firing squad.In an interview, Mr. Wood said that he had been subpoenaed to testify but that he has nothing worthwhile to say.“A lot of people are putting out stories that I’m a government snitch or I flipped on President Trump,” he said. “That’s just errant nonsense.”Last year, Mr. Wood testified before a special grand jury that heard from 75 witnesses as part of the investigation into election interference in Georgia. More

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    Pennsylvania Will Start Automatic Voter Registration

    Nearly half of all states have similar programs that combine getting a driver’s license or state ID card with registering to vote.Pennsylvania, a battleground state that could play an outsize role in the 2024 presidential election, will begin to automatically register new voters as part of its driver’s license and state ID approval process, officials said on Tuesday.The program, which was announced by Gov. Josh Shapiro, a Democrat, is similar to those offered in 23 other states and the District of Columbia, according to the National Conference of State Legislatures.Voters must meet certain eligibility requirements, which include being a U.S. citizen and a Pennsylvania resident for at least 30 days before an election. They also must be at least 18 years old on the date of the next election.“Automatic voter registration is a common-sense step to ensure election security and save Pennsylvanians time and tax dollars,” Mr. Shapiro said in a statement. “Residents of our Commonwealth already provide proof of identity, residency, age and citizenship at the D.M.V. — all the information required to register to vote — so it makes good sense to streamline that process with voter registration.”In the 2020 election and the midterm races last year, Pennsylvania was a hotbed of falsehoods about voter fraud, promoted by former President Donald J. Trump and his allies. Republicans in the state have mounted a series of unsuccessful legal challenges over voters’ eligibility and absentee ballots that did not have dates written on their return envelopes, which a state law requires.The move to automatic voter registration, which begins Tuesday, comes as both Republicans and Democrats keep an eye on the state as the 2024 race heats up.The state where President Biden was born, Pennsylvania could determine not only whether he is elected to a second term, but also whether Democrats maintain control of the closely divided Senate. Senator Bob Casey, a Democrat in his third term, is facing a key re-election test.In the near term, a special election in the Pittsburgh area on Tuesday was expected to determine the balance of power in Pennsylvania’s House of Representatives.Pennsylvania had about 8.7 million registered voters as of December 2022, according to state officials, who, citing census figures, estimated that about 10.3 million residents were eligible to register to vote. More

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    The Idea That Biden Should Just Give Up Political Power Is Preposterous

    It was clear from an early point that barring some unforeseen circumstance, the 2024 presidential election would be a rematch between Donald Trump and Joe Biden — the first contest with two presidents on the ballot since 1912’s four-way matchup between William Howard Taft, Theodore Roosevelt, the upstart Woodrow Wilson and the long-shot socialist Eugene V. Debs.Most Americans, according to several polls conducted this year, say they do not want this. Most Americans, a recent CBS News survey reports, think a Trump-Biden rematch — which would not be the first presidential rematch in American history — is evidence of a broken political system. But most Americans who plan to vote are nonetheless resigned to casting a ballot for either Biden or Trump next November.This palpable sense of exhaustion is perhaps the reason so many political observers have taken to speculating about a future in which Biden, at least, doesn’t run.David Ignatius wrote last week in The Washington Post that if Biden and Kamala Harris “campaign together in 2024, I think Biden risks undoing his greatest achievement — which was stopping Trump.” Likewise, Eliot Cohen wrote this summer in The Atlantic that Biden “has no business running for president at age 80.”I find this drumbeat, which has been ongoing since at least 2022 (“Let me put this bluntly: Joe Biden should not run for re-election in 2024,” Mark Leibovich wrote last summer, also in The Atlantic. “He is too old”), to be incredibly strange, to say the least. The basic premise of a voluntary one-term presidency rests on a fundamental misconception of the role of re-election in presidential politics and presidential governance.Re-election — or rather the act of running for re-election — isn’t an unexpected treat or something ancillary to the position. It is one of the ways presidents seek to preserve their influence, whether or not they ultimately win another term of office.“Among the many hats the president wears, none is more important to his long-term success than that of party leader,” the political scientist James W. Davis writes in a 1992 book on presidential leadership. “Unless he is skilled in the management of party affairs, especially in dealing with members of the coequal legislative branch, the president will not be able to achieve that esteemed place in history reserved for all of our great presidents.”The reason, Davis explains, is that the institutional separation of the executive and the legislature along with the fragmented nature of political authority in the American system — presidents and lawmakers of the same party, even lawmakers within the same state, do not share the same constituencies — result in large and imposing barriers to presidential ambition. But, Davis writes, “while the president faces numerous constraints in our Madisonian system of checks and balances, he nevertheless can, if he has the inclination and leadership drive, use his party ties to lead the nation to new heights.”Crucial to achieving this is the possibility of future power, which is to say, the prospect of re-election. The promise of a second term, and thus another four years to achieve their political and ideological goals, is a critical incentive that binds lawmakers to the president in the present. This is especially true given the recent trend toward the nationalization of congressional elections, in which public esteem for the incumbent — or lack thereof — shapes the fate of the entire party.Or, as the presidential scholar Clinton Rossiter observed in a 1957 letter addressing a House committee hearing on the potential repeal of what were then recently enacted presidential term limits, “Everything in our history tells us that a president who does not or cannot seek re-election loses much of his grip in his last couple of years.” In other words, no president wants to be a lame duck.Rossiter, it should be said, opposed the 22nd Amendment — which wrote presidential term limits into the Constitution in 1951 — as a nakedly partisan prohibition “based on the sharp anger of the moment rather than the studied wisdom of a generation.” It was, in his view, an “undisguised insult to the memory of Franklin D. Roosevelt.”There was a notion during the 2020 presidential race that Biden would be a one-term caretaker. “Biden should do the honorable thing and commit to standing aside after the completion of a successful first term,” a CNN op-ed declared. Some of Biden’s advisers even floated the idea that he would essentially step aside after winning election. “According to four people who regularly talk to Biden,” Politico’s Ryan Lizza wrote in 2019, “all of whom asked for anonymity to discuss internal campaign matters, it is virtually inconceivable that he will run for re-election in 2024, when he would be the first octogenarian president.”Even Biden himself said that he viewed himself as a “transition candidate.” Perhaps that was true in the months after he won the nomination. For reasons that should now be obvious, however, it was a fantasy. There is no faster way to political and policy irrelevance than for a president to tell the nation he plans to step aside. Biden could be an effective, successful president or he could be a one-term, transitional figure. He cannot not be both. A president who doesn’t intend to run for re-election is essentially a president who can be safely ignored as a nonentity. No one who wanted to achieve something with the office would make that pledge.Let’s also be honest about the individual in question: the kind of person, like Joe Biden, who plans and plots for a lifetime to become president is going to want to serve as long as the law, and the voting public, will allow.Absent an extraordinary turn of events, Biden will be on the ballot next year. He wants it, much of the institutional Democratic Party wants it, and there’s no appetite among the men and women who might want to be the next Democratic president to try to take it away from him. Democrats are committed to Biden and there’s no other option, for them, but to see that choice to its conclusion.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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    DeSantis Played Both Sides of the GOP Rift Over the 2020 Election

    The Florida governor created an election crimes unit that placated election deniers. It led to scores of “zany-burger” tips, and, according to one Republican, “Kabuki theater.”It resembled a political rally more than a news conference. In November 2021, exactly one year after Donald J. Trump lost the presidential election to Joseph R. Biden Jr., Gov. Ron DeSantis of Florida spoke to a raucous crowd in a hotel conference room just a few miles from Mr. Trump’s home base of Mar-a-Lago.Their suspicions about vast election malfeasance would be heard, Mr. DeSantis promised. He was setting up an election police unit and he invited the crowd to send in tips about illegal “ballot harvesting,” nodding to an unfounded theory about Democrats collecting ballots in bulk.The crowd whooped and waved furiously. “He gets it!” posted a commenter watching on Rumble.But in his seven-minute, tough-on-election-crimes sermon, Mr. DeSantis, a Republican, never explicitly endorsed that theory or the many others spread by the defeated president and embraced by much of their party.In this way, for nearly three years, Mr. DeSantis played both sides of Republicans’ rift over the 2020 election. As his state became a buzzing hub of the election denial movement, he repeatedly took actions that placated those who believed Mr. Trump had won.Most prominent was the creation of an election crimes unit that surfaced scores of “zany-burger” tips, according to its former leader, disrupted the lives of a few dozen Floridians, and, one year in, has not yet led to any charges of ballot harvesting or uncovered other mass fraud.Yet Mr. DeSantis kept his own views vague. Only last month — two years, six months and 18 days after Mr. Biden was sworn into office — did Mr. DeSantis, now running for president, acknowledge that Mr. Biden had defeated Mr. Trump.Mr. DeSantis has said he pushed “the strongest election integrity measures in the country.” But critics say their main impact was to appease a Republican base that embraced conspiracy theories about elections — and that came with a cost.He failed to counter lies about the legitimacy of the 2020 election. Florida judges are considering whether his administration overstepped its legal authority.Nathan Hart, a 50-year-old ex-felon from near Tampa, is among 32 people who have been arrested or faced warrants under the new initiative. Mr. Hart, who plans to appeal his conviction, said he lost his job as a warehouse worker because he had to show up in court. When he cast his ballot for Mr. Trump he had no idea he was ineligible to vote, he said.He and others suffered so that the governor “could have a really good photo op and make himself look tough,” he said.Workers at the Miami-Dade County Elections Department tabulating mail-in ballots in October 2020. The 2020 election was one of the smoothest in state history.Saul Martinez for The New York TimesThe 2020 AftermathTightening voting rules had not been high on Mr. DeSantis’s agenda when he first came into office in 2019. After the ballot-counting debacle during the 2000 presidential election, Florida had substantially revamped its elections. Experts considered the 2020 election, in which over 11 million Floridians voted, well run and smooth. Mr. Trump won by 371,686 votes.One significant change Mr. DeSantis made to Florida’s elections was his decision to join the Electronic Registration Information Center, or ERIC. The data-sharing program, which had bipartisan support, helps states identify people who had moved, died or registered or voted in more than one state.When he announced the move to a group of local election supervisors, they broke into applause.But after the 2020 election, Mr. DeSantis came under concerted pressure from Mr. Trump’s loyalists. Florida became a staging ground for people promoting election conspiracy theories, including Michael Flynn, Mr. Trump’s former national security adviser, and the Overstock.com founder Patrick Byrne.Pressed again and again on whether he accepted Mr. Biden’s victory over Mr. Trump, Mr. DeSantis dodged. “It’s not for me to do,” he replied in December 2020. “Obviously, we did our thing in Florida. The college voted,” he said, referring to the Electoral College. “What’s going to happen is going to happen.”But within a few months, Mr. DeSantis was pushing for legislation he said would bulletproof Florida’s elections from fraud, with tighter rules for mail-in ballots, the use of drop boxes and third-party organizations that register voters.The governor signed the bill live on Fox News in May 2021.Peter Antonacci, the now-deceased former director of the election crimes unit, and Mr. DeSantis in 2022.Amy Beth Bennett/South Florida Sun-Sentinel, via Associated PressElection Crimes UnitBut lobbying by the election denial movement did not end. Cleta Mitchell, one of Mr. Trump’s lawyers in his effort to undo the outcome of the 2020 election, helped organize Florida activists into state and local groups through her national Election Integrity Network.Members of Defend Florida, another group, went door to door canvassing for evidence of voter irregularities. They delivered their leads to local elections officials, who, to the group’s frustration, typically investigated and dismissed them.Public records show the organization’s representatives met repeatedly with aides to the governor and other high-level members of his administration. Six months after the 2021 changes became law, Mr. DeSantis proposed the election crimes unit — a top priority, aides told lawmakers. He requested a team of state law enforcement officers and prosecutors who could bypass the local officials he suggested had turned a blind eye to voting abuses.Some lawmakers worried about giving the governor’s office too much influence over law enforcement, according to people familiar with the deliberations. The Republican-led Legislature did not explicitly authorize state prosecutors to bring voter fraud charges, as Mr. DeSantis had requested.Otherwise, the governor got much of what he wanted: $2.7 million for a 15-member investigative unit and 10 state law enforcement officers dedicated to election crimes. His administration has used prosecutors under the attorney general’s office to handle the bulk of the cases, even without the Legislature’s authorization.The new investigative unit became a receptacle for activists’ tips about fraud. Activists at times alerted conservative media outlets to their leads, generating headlines about new investigations. Some accusations poured through unusual channels.Activists in Mr. DeSantis’s home county, Pinellas, handed over one binder full of tips to Mr. DeSantis’s mother. They later heard back that the package had been successfully delivered in Tallahassee, according to two people familiar with the episode.A small team reviewing the claims found the vast bulk were not credible.“Most that comes my way has zany-burger all over it,” Peter Antonacci, the now-deceased former director of the election crimes unit, wrote to an official in a local prosecutor’s office in 2022, according to an email obtained by The New York Times through a public records request.Andrew Ladanowski, a former analyst for the unit who describes himself as an elections data hobbyist, said he spent weeks combing through voter records from the 2020 election. He had expected to find thousands of cases of illegal votes, but pickings were slim. “I can safely say there was no large-scale fraud that could have had a change in a state or a national election. It wasn’t sufficient,” he said.Jeff Brandes, a Republican former state senator who opposed the election crimes unit, described it as largely “Kabuki theater.”Five days before Florida’s 2022 primary election, the governor, then running for re-election, announced third-degree felony charges against Mr. Hart and 19 other ex-felons.Nathan Hart, a 50-year-old ex-felon from near Tampa, is among 32 people who have been charged with election crimes under the new initiative.Thomas Simonetti for The Washington Post, via Getty ImagesA 2018 ballot initiative allowed former felons to vote but exempted those who had been convicted of murder or sex offenses. Defendants and their lawyers have said they were unaware of that distinction. They said they thought they could vote because the state had allowed them to register and issued them voter registration cards.At a news conference announcing the charges, Mr. DeSantis said more cases from the 2020 election were to come. “This is the opening salvo,” he said.But by the end of 2022, the unit had announced only one other case against a 2020 voter. Mr. Ladanowski said by the time he had left in December, the team had moved on to vetting the current voter rolls.As of July, the election crimes unit had referred nearly 1,500 potential cases to local or state law enforcement agencies, according to the governor’s office. Just 32 — or 2 percent — had resulted in arrests or warrants, and those cases were unrelated to the purportedly systematic abuses that elections activists claimed had tainted the 2020 election.Thirteen of the defendants had been convicted of felonies. Defense attorneys said that some ex-felons accepted plea deals simply out of fear of being sent back to prison, and that none received a stiffer penalty than probation. Appeals court judges are now considering whether the state prosecutors had the legal authority to bring charges.The election crimes unit also fined more than three dozen organizations that ran voter registration drives a total of more than $100,000 — much of that for failing to turn in the voter registration forms quickly enough.The governor has said that even a limited number of arrests will deter voter fraud. Press officers for the secretary of state and the state law enforcement agency said the DeSantis administration expected courts to eventually decide that it acted within its authority, and that investigations of mass fraud like ballot harvesting are complex, time-consuming and still open.Warning Against ‘the Left’s Schemes’Mr. DeSantis endorsed Doug Mastriano, a vocal election denier running for governor, during a rally in Pittsburgh in 2022.Maddie McGarvey for The New York TimesIn August 2022, the day after he announced the election crime unit’s first arrests, Mr. DeSantis went to Pennsylvania to endorse Doug Mastriano, a vocal election denier running for governor.The trip was another chance for the governor to show election activists he gets it. Onstage with a man who had worked with Mr. Trump’s lawyers to send an “alternate” slate of electors to Washington, Mr. DeSantis spoke carefully.He did not mention the 2020 result, but he stressed that his state had cracked down on illegal voters. “We’re going to hold ’em accountable,” he told an enthusiastic crowd, ending his speech with an exhortation to “take a stand against the left’s schemes.”Mr. DeSantis continued to dance around the 2020 election for another year, while his policies sent a strong message to the Republican base.In March 2023, Cord Byrd, Mr. DeSantis’s secretary of state, announced that Florida would pull out of ERIC, the system Mr. DeSantis had ordered the state to join in 2019.Only a few weeks earlier, Mr. Byrd had called ERIC the “only and best game in town” to identify people who had voted in two different states, according to the notes of a private call he had with Florida activists allied with Ms. Mitchell. The notes were provided by the investigative group Documented. In its annual report, the election crimes unit also described ERIC as a useful tool.But Ms. Mitchell’s group and other critics had attacked the system as part of a liberal conspiracy to snatch Republican electoral victories. Mr. Byrd said publicly that Florida had lost confidence in it, and his agency cited ERIC’s failure to correct “partisan tendencies.”In Florida, activists celebrated the victory. But they also want more. In interviews they said they were frustrated that the election crimes unit hasn’t brought more charges or validated their claims of mass elections malfeasance.And when Mr. DeSantis finally said last month that “of course” Mr. Biden had won the 2020 election, he faced the sort of reaction he had long tried to avoid.“It’s a betrayal,” said Wesley Huff, a Florida elections activist who has been involved in Defend Florida and other groups.Trip Gabriel More

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    I Was Attacked by Donald Trump and Elon Musk. I Believe It Was a Strategy To Change What You See Online.

    Timo LenzenWhen I worked at Twitter, I led the team that placed a fact-checking label on one of Donald Trump’s tweets for the first time. Following the violence of Jan. 6, I helped make the call to ban his account from Twitter altogether. Nothing prepared me for what would happen next.Backed by fans on social media, Mr. Trump publicly attacked me. Two years later, following his acquisition of Twitter and after I resigned my role as the company’s head of trust and safety, Elon Musk added fuel to the fire. I’ve lived with armed guards outside my home and have had to upend my family, go into hiding for months and repeatedly move.This isn’t a story I relish revisiting. But I’ve learned that what happened to me wasn’t an accident. It wasn’t just personal vindictiveness or “cancel culture.” It was a strategy — one that affects not just targeted individuals like me, but all of us, as it is rapidly changing what we see online.Private individuals — from academic researchers to employees of tech companies — are increasingly the targets of lawsuits, congressional hearings and vicious online attacks. These efforts, staged largely by the right, are having their desired effect: Universities are cutting back on efforts to quantify abusive and misleading information spreading online. Social media companies are shying away from making the kind of difficult decisions my team did when we intervened against Mr. Trump’s lies about the 2020 election. Platforms had finally begun taking these risks seriously only after the 2016 election. Now, faced with the prospect of disproportionate attacks on their employees, companies seem increasingly reluctant to make controversial decisions, letting misinformation and abuse fester in order to avoid provoking public retaliation.These attacks on internet safety and security come at a moment when the stakes for democracy could not be higher. More than 40 major elections are scheduled to take place in 2024, including in the United States, the European Union, India, Ghana and Mexico. These democracies will most likely face the same risks of government-backed disinformation campaigns and online incitement of violence that have plagued social media for years. We should be worried about what happens next.My story starts with that fact check. In the spring of 2020, after years of internal debate, my team decided that Twitter should apply a label to a tweet of then-President Trump’s that asserted that voting by mail is fraud-prone, and that the coming election would be “rigged.” “Get the facts about mail-in ballots,” the label read.On May 27, the morning after the label went up, the White House senior adviser Kellyanne Conway publicly identified me as the head of Twitter’s site integrity team. The next day, The New York Post put several of my tweets making fun of Mr. Trump and other Republicans on its cover. I had posted them years earlier, when I was a student and had a tiny social media following of mostly my friends and family. Now, they were front-page news. Later that day, Mr. Trump tweeted that I was a “hater.”Legions of Twitter users, most of whom days prior had no idea who I was or what my job entailed, began a campaign of online harassment that lasted months, calling for me to be fired, jailed or killed. The volume of Twitter notifications crashed my phone. Friends I hadn’t heard from in years expressed their concern. On Instagram, old vacation photos and pictures of my dog were flooded with threatening comments and insults. (A few commenters, wildly misreading the moment, used the opportunity to try to flirt with me.)I was embarrassed and scared. Up to that moment, no one outside of a few fairly niche circles had any idea who I was. Academics studying social media call this “context collapse”: things we post on social media with one audience in mind might end up circulating to a very different audience, with unexpected and destructive results. In practice, it feels like your entire world has collapsed.The timing of the campaign targeting me and my alleged bias suggested the attacks were part of a well-planned strategy. Academic studies have repeatedly pushed back on claims that Silicon Valley platforms are biased against conservatives. But the success of a strategy aimed at forcing social media companies to reconsider their choices may not require demonstrating actual wrongdoing. As the former Republican Party chair Rich Bond once described, maybe you just need to “work the refs”: repeatedly pressure companies into thinking twice before taking actions that could provoke a negative reaction. What happened to me was part of a calculated effort to make Twitter reluctant to moderate Mr. Trump in the future and to dissuade other companies from taking similar steps.It worked. As violence unfolded at the Capitol on Jan. 6, Jack Dorsey, then the C.E.O. of Twitter, overruled Trust and Safety’s recommendation that Mr. Trump’s account should be banned because of several tweets, including one that attacked Vice President Mike Pence. He was given a 12-hour timeout instead (before being banned on Jan. 8). Within the boundaries of the rules, staff members were encouraged to find solutions to help the company avoid the type of blowback that results in angry press cycles, hearings and employee harassment. The practical result was that Twitter gave offenders greater latitude: Representative Marjorie Taylor Greene was permitted to violate Twitter’s rules at least five times before one of her accounts was banned in 2022. Other prominent right-leaning figures, such as the culture war account Libs of TikTok, enjoyed similar deference.Similar tactics are being deployed around the world to influence platforms’ trust and safety efforts. In India, the police visited two of our offices in 2021 when we fact-checked posts from a politician from the ruling party, and the police showed up at an employee’s home after the government asked us to block accounts involved in a series of protests. The harassment again paid off: Twitter executives decided any potentially sensitive actions in India would require top-level approval, a unique level of escalation of otherwise routine decisions.And when we wanted to disclose a propaganda campaign operated by a branch of the Indian military, our legal team warned us that our India-based employees could be charged with sedition — and face the death penalty if convicted. So Twitter only disclosed the campaign over a year later, without fingering the Indian government as the perpetrator.In 2021, ahead of Russian legislative elections, officials of a state security service went to the home of a top Google executive in Moscow to demand the removal of an app that was used to protest Vladimir Putin. Officers threatened her with imprisonment if the company failed to comply within 24 hours. Both Apple and Google removed the app from their respective stores, restoring it after elections had concluded.In each of these cases, the targeted staffers lacked the ability to do what was being asked of them by the government officials in charge, as the underlying decisions were made thousands of miles away in California. But because local employees had the misfortune of residing within the jurisdiction of the authorities, they were nevertheless the targets of coercive campaigns, pitting companies’ sense of duty to their employees against whatever values, principles or policies might cause them to resist local demands. Inspired, India and a number of other countries started passing “hostage-taking” laws to ensure social-media companies employ locally based staff.In the United States, we’ve seen these forms of coercion carried out not by judges and police officers, but by grass-roots organizations, mobs on social media, cable news talking heads and — in Twitter’s case — by the company’s new owner.One of the most recent forces in this campaign is the “Twitter Files,” a large assortment of company documents — many of them sent or received by me during my nearly eight years at Twitter — turned over at Mr. Musk’s direction to a handful of selected writers. The files were hyped by Mr. Musk as a groundbreaking form of transparency, purportedly exposing for the first time the way Twitter’s coastal liberal bias stifles conservative content.What they delivered was something else entirely. As tech journalist Mike Masnick put it, after all the fanfare surrounding the initial release of the Twitter Files, in the end “there was absolutely nothing of interest” in the documents, and what little there was had significant factual errors. Even Mr. Musk eventually lost patience with the effort. But, in the process, the effort marked a disturbing new escalation in the harassment of employees of tech firms.Unlike the documents that would normally emanate from large companies, the earliest releases of the Twitter Files failed to redact the names of even rank-and-file employees. One Twitter employee based in the Philippines was doxxed and severely harassed. Others have become the subjects of conspiracies. Decisions made by teams of dozens in accordance with Twitter’s written policies were presented as having been made by the capricious whims of individuals, each pictured and called out by name. I was, by far, the most frequent target.The first installment of the Twitter Files came a month after I left the company, and just days after I published a guest essay in The Times and spoke about my experience working for Mr. Musk. I couldn’t help but feel that the company’s actions were, on some level, retaliatory. The next week, Mr. Musk went further by taking a paragraph of my Ph.D. dissertation out of context to baselessly claim that I condoned pedophilia — a conspiracy trope commonly used by far-right extremists and QAnon adherents to smear L.G.B.T.Q. people.The response was even more extreme than I experienced after Mr. Trump’s tweet about me. “You need to swing from an old oak tree for the treason you have committed. Live in fear every day,” said one of thousands of threatening tweets and emails. That post, and hundreds of others like it, were violations of the very policies I’d worked to develop and enforce. Under new management, Twitter turned a blind eye, and the posts remain on the site today.On Dec. 6, four days after the first Twitter Files release, I was asked to appear at a congressional hearing focused on the files and Twitter’s alleged censorship. In that hearing, members of Congress held up oversize posters of my years-old tweets and asked me under oath whether I still held those opinions. (To the extent the carelessly tweeted jokes could be taken as my actual opinions, I don’t.) Ms. Greene said on Fox News that I had “some very disturbing views about minors and child porn” and that I “allowed child porn to proliferate on Twitter,” warping Mr. Musk’s lies even further (and also extending their reach). Inundated with threats, and with no real options to push back or protect ourselves, my husband and I had to sell our home and move.Academia has become the latest target of these campaigns to undermine online safety efforts. Researchers working to understand and address the spread of online misinformation have increasingly become subjects of partisan attacks; the universities they’re affiliated with have become embroiled in lawsuits, burdensome public record requests and congressional proceedings. Facing seven-figure legal bills, even some of the largest and best-funded university labs have said they may have to abandon ship. Others targeted have elected to change their research focus based on the volume of harassment.Bit by bit, hearing by hearing, these campaigns are systematically eroding hard-won improvements in the safety and integrity of online platforms — with the individuals doing this work bearing the most direct costs.Tech platforms are retreating from their efforts to protect election security and slow the spread of online disinformation. Amid a broader climate of belt-tightening, companies have pulled back especially hard on their trust and safety efforts. As they face mounting pressure from a hostile Congress, these choices are as rational as they are dangerous.We can look abroad to see how this story might end. Where once companies would at least make an effort to resist outside pressure, they now largely capitulate by default. In early 2023, the Indian government asked Twitter to restrict posts critical of Prime Minister Narendra Modi. In years past, the company had pushed back on such requests; this time, Twitter acquiesced. When a journalist noted that such cooperation only incentivizes further proliferation of draconian measures, Mr. Musk shrugged: “If we have a choice of either our people go to prison or we comply with the laws, we will comply with the laws.”It’s hard to fault Mr. Musk for his decision not to put Twitter’s employees in India in harm’s way. But we shouldn’t forget where these tactics came from or how they became so widespread. From pushing the Twitter Files to tweeting baseless conspiracies about former employees, Mr. Musk’s actions have normalized and popularized vigilante accountability, and made ordinary employees of his company into even greater targets. His recent targeting of the Anti-Defamation League has shown that he views personal retaliation as an appropriate consequence for any criticism of him or his business interests. And, as a practical matter, with hate speech on the rise and advertiser revenue in retreat, Mr. Musk’s efforts seem to have done little to improve Twitter’s bottom line.What can be done to turn back this tide?Making the coercive influences on platform decision making clearer is a critical first step. And regulation that requires companies to be transparent about the choices they make in these cases, and why they make them, could help.In its absence, companies must push back against attempts to control their work. Some of these decisions are fundamental matters of long-term business strategy, like where to open (or not open) corporate offices. But companies have a duty to their staff, too: Employees shouldn’t be left to figure out how to protect themselves after their lives have already been upended by these campaigns. Offering access to privacy-promoting services can help. Many institutions would do well to learn the lesson that few spheres of public life are immune to influence through intimidation.If social media companies cannot safely operate in a country without exposing their staff to personal risk and company decisions to undue influence, perhaps they should not operate there at all. Like others, I worry that such pullouts would worsen the options left to people who have the greatest need for free and open online expression. But remaining in a compromised way could forestall necessary reckoning with censorial government policies. Refusing to comply with morally unjustifiable demands, and facing blockages as a result, may in the long run provoke the necessary public outrage that can help drive reform.The broader challenge here — and perhaps, the inescapable one — is the essential humanness of online trust and safety efforts. It isn’t machine learning models and faceless algorithms behind key content moderation decisions: it’s people. And people can be pressured, intimidated, threatened and extorted. Standing up to injustice, authoritarianism and online harms requires employees who are willing to do that work.Few people could be expected to take a job doing so if the cost is their life or liberty. We all need to recognize this new reality, and to plan accordingly.Yoel Roth is a visiting scholar at the University of Pennsylvania and the Carnegie Endowment for International Peace, and the former head of trust and safety at Twitter.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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    California Lawmakers Push for a Court Ruling on Trump’s Eligibility

    Nine California legislators asked the state’s attorney general to seek a court opinion on whether former President Donald J. Trump is disqualified from office under the 14th Amendment.Nine California lawmakers asked the state’s attorney general in a letter on Monday to seek a court opinion on whether former President Donald J. Trump should be excluded from Republican primary ballots under the 14th Amendment.The letter is part of an escalating effort across multiple states to establish whether Mr. Trump’s attempts to overturn the 2020 election — including his actions before and during his supporters’ storming of the Capitol on Jan. 6, 2021 — disqualify him from the presidency under the amendment. It says that anyone who “engaged in insurrection or rebellion” against the Constitution after taking an oath to defend it is ineligible to hold office.“The purpose of this letter is to request in haste the office of the attorney general seek the court opinion as to whether or not Donald J. Trump should be removed from the ballot of the presidential primary election scheduled in California on March 5, 2024,” the letter says. It describes Mr. Trump’s actions and tells Attorney General Rob Bonta, “You are uniquely positioned to proactively seek the court’s opinion to confirm Mr. Trump’s inability to hold office given these facts.”Eight members of the California Assembly — Mike Fong, Mike Gipson, Corey Jackson, Alex Lee, Evan Low, Kevin McCarty, Stephanie Nguyen and Philip Ting — and one member of the California Senate, Josh Becker, signed the letter. All nine are Democrats.Mr. Low, who wrote the letter, said that he saw calls for secretaries of state to unilaterally remove Mr. Trump from ballots as politically problematic and arguably antidemocratic, and that ordinary lawsuits would not resolve the question quickly enough. California law requires the secretary of state to announce by Dec. 8 which candidates are eligible for the ballot.“Having one official do it themselves in their own interpretation is politically not expedient, nor does it help on the division of our democracy,” he said, expressing concern about violence from the right if officials acted unilaterally. “This naturally will be seen as a political effort, but again that’s why the court’s opinion will be incredibly important.”Mr. Low said he and the other lawmakers were “trying to not make this a political issue but rather a constitutionality issue.”They believe, based on conversations with legal advisers, that Mr. Bonta has the ability to seek declaratory relief, essentially asking a court to tell him what his legal obligations are outside the context of a traditional lawsuit. The letter did not identify a specific court.A spokeswoman for Mr. Bonta said: “We are aware of the letter and will review the request internally. There is no denying that Donald Trump has engaged in behavior that is unacceptable and unbecoming of any leader — let alone a president of the United States. Beyond that, we have no additional comment.”Even if a court ruled that Mr. Trump were ineligible, it would not definitively resolve the question. Mr. Trump or his campaign would be certain to appeal, and the Supreme Court would most likely have the final say.The argument has been percolating since the Jan. 6 attack but gained traction this summer after two conservative law professors, William Baude of the University of Chicago and Michael Stokes Paulsen of the University of St. Thomas, concluded that Mr. Trump was disqualified. Two other prominent scholars — the conservative former judge J. Michael Luttig and the liberal law professor Laurence H. Tribe — made the same case in The Atlantic.Earlier this month, six Colorado voters filed a lawsuit with the help of the watchdog group Citizens for Responsibility and Ethics in Washington, asking a state court to order the Colorado secretary of state not to print Mr. Trump’s name on primary ballots there. An obscure Republican presidential candidate, John Anthony Castro, is suing separately with the same aim in New Hampshire, and the liberal group Free Speech for People urged several secretaries of state last month to exclude Mr. Trump.The 14th Amendment was written in the context of Reconstruction, and the disqualification clause — Section 3 — was originally used to bar people who had fought for the Confederacy from holding office. The clause’s modern application has not been tested in a case anywhere near as prominent as Mr. Trump’s. The outcome will depend on how the courts answer several questions, including what counts as insurrection and even whether the amendment applies to the presidency.Several constitutional law experts have told The New York Times that they feel unprepared to weigh in or to guess how judges will rule, describing the questions as complex and novel.“I think anybody who says that there’s an easy answer is probably being a little reductive in their analysis,” Anthony Michael Kreis, an assistant professor of law at Georgia State University, said in a recent interview.Shawn Hubler More

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    Trump Says He Hopes Meadows Will Remain ‘Loyal’ to Him in Election Case

    The former president, who has been warned against saying anything that could influence witnesses in his election interference case, made the statements during an interview on “Meet the Press.”Former President Donald J. Trump said he hoped Mark Meadows — his final White House chief of staff and a co-defendant in a sweeping racketeering indictment in Georgia stemming from efforts to thwart the 2020 election — was still “loyal” to him.Mr. Trump made his comment during a lengthy interview with Kristen Welker, the new moderator of NBC’s “Meet The Press,” broadcast on Sunday morning. Mr. Trump has been warned by the federal judge in a case also stemming from his efforts to stay in office, brought against him by the special counsel Jack Smith, to avoid saying anything that might affect the testimony of witnesses. His comment about Mr. Meadows could attract new interest.A lawyer for Mr. Meadows did not immediately respond to a request for comment.Both Mr. Meadows and Mr. Trump are among 19 co-defendants in the Fulton County, Ga., indictment brought by the district attorney, Fani T. Willis. It accuses those charged with a criminal conspiracy to overturn Mr. Trump’s loss in the state in his re-election effort.“By the way, do you think your former chief of staff, Mark Meadows, is still loyal to you? He just pleaded not guilty in the Georgia case,” Ms. Welker asked.“Well, I hope he’s loyal to me,” Mr. Trump said.“Do you worry about him flipping?” Ms. Welker asked.“I mean, I didn’t do anything wrong,” Mr. Trump replied.Legal experts have suggested that prosecutors may push to have some of the defendants in the case plead guilty and become witnesses against others involved.Mr. Trump recorded the interview with Ms. Welker late last week. On Friday, a day after the interview, prosecutors asked the judge in the federal election interference case, Tanya S. Chutkan, for a limited gag order against Mr. Trump after weeks of attacks on the special counsel, among others.“Like his previous public disinformation campaign regarding the 2020 presidential election,” they wrote, “the defendant’s recent extrajudicial statements are intended to undermine public confidence in an institution — the judicial system — and to undermine confidence in and intimidate individuals — the court, the jury pool, witnesses and prosecutors,” Mr. Smith’s office wrote in the request, which they said they wanted to be narrowly tailored.Mr. Trump attacked Mr. Smith again shortly after the request was made, writing on his social media site, “I’m campaigning for President against an incompetent person who has WEAPONIZED the DOJ & FBI to go after his Political Opponent, & I am not allowed to COMMENT? How else would I explain that Jack Smith is DERANGED, or Crooked Joe is INCOMPETENT?”Judge Chutkan has yet to rule on the request.In his “Meet the Press” interview, Mr. Trump extensively reiterated his false claims that the 2020 election was stolen, despite facing indictment in both Georgia and Washington on the matter.When Ms. Welker pointed out to him that the most senior lawyers in his administration had told him following dozens of legal challenges that he had lost, and that he listened to outside groups of lawyers, Mr. Trump said it was because “I didn’t respect them.”“But I did respect others. I respected many others that said the election was rigged,” Mr. Trump said.And when Ms. Welker noted that he himself had reportedly said some of his outside lawyers had “crazy theories” about election interference, he replied, “You know who I listen to? Myself. I saw what happened. I watched that election, and I thought the election was over at 10 o’clock in the evening.”As she asked fresh questions, he went on: “My instincts are a big part of it. That’s been the thing that’s gotten me to where I am, my instincts. But I also listen to people. There are many lawyers. I could give you many books.” But ultimately, he told her, “It was my decision. But I listened to some people.”Mr. Trump’s statements were in keeping with — and yet could ultimately complicate — his efforts to raise what is known as an advice of counsel defense in the election interference case. Under the strategy, defendants seek to avoid liability for criminal charges by arguing that they were merely following the professional advice of their lawyers.Alan Feuer contributed reporting. More

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    Wisconsin Republicans Vote to Oust Top Elections Official

    Meagan Wolfe, with help from the Democratic governor, is suing to keep her post, after years of criticism propelled by Donald Trump’s 2020 election attacks.Republicans in the Wisconsin Senate voted on Thursday to remove the state’s elections chief, escalating a fight over who can determine the leader of a group that will supervise the elections next year in the battleground state.Meagan Wolfe, who has served as the nonpartisan Wisconsin Elections Commission administrator since she was appointed in 2018 and confirmed unanimously by the State Senate in 2019, is suing to keep her post and plans to continue in the role while the issue plays out in the courts. Democrats in the state have sharply criticized the decision, saying that it is not within the Legislature’s power to remove an elections administrator.“It’s unfortunate that political pressures have forced a group of our lawmakers to embrace unfounded rumors about my leadership, my role in the commission and our system of elections,” Ms. Wolfe said at a news conference on Thursday afternoon. “I’ve said it multiple times, and I’ll say it again: Elections in Wisconsin are run with integrity. They are fair, and they are accurate.”Ms. Wolfe, alongside the Wisconsin Elections Commission, subsequently sued three top Republicans in the State Senate — Devin LeMahieu, Robin Vos and Chris Kapenga. She is being represented by the state’s attorney general, who was directed by Gov. Tony Evers, a Democrat, to “provide immediate representation” for her after the vote.“Wisconsin Republicans’ attempt to illegally fire Wisconsin’s elections administrator without cause today shows they are continuing to escalate efforts to sow distrust and disinformation about our elections,” Mr. Evers wrote in a statement.Chris Kapenga, right, is one of three top Republicans in the State Senate being sued by Ms. Wolfe.Mark Hoffman/Milwaukee Journal-Sentinel, via Associated PressMs. Wolfe faced a battle over her reappointment this summer after years of being subjected to right-wing attacks, instigated by former President Donald J. Trump’s refusal to accept the results of the 2020 election. He lost Wisconsin by nearly 21,000 votes, and there is no evidence that the state experienced widespread election fraud, as Mr. Trump and his allies have suggested despite numerous audits, recounts and lawsuits.She received unanimous support from the state’s six election commissioners, three of whom were Republican appointees, who in June did not issue a nomination that would ordinarily prompt a vote in the Legislature. But Senate Republicans went forward with a vote regardless.“Wisconsinites have expressed concerns with the administration of elections both here in Wisconsin and nationally,” said Mr. LeMahieu, the majority leader, according to The Associated Press. “We need to rebuild faith in Wisconsin’s elections.”In June, Ms. Wolfe sent a letter to legislators, saying that “no election in Wisconsin history has been as scrutinized, reviewed, investigated and reinvestigated” as the 2020 election and that there were “no findings of wrongdoing or significant fraud.” She urged lawmakers to push back against falsehoods that had circulated about the election’s integrity.But Republican senators voted to oust her nonetheless, in a 22-11 party-line vote that took place on the floor of the State Capitol.With Ms. Wolfe choosing to stay in the position, it is anticipated that Republicans will challenge every decision she makes, and her future will most likely be tied up in the courts in coming months. They, however, cannot fully remove her because of a recent state Supreme Court ruling that state officials can maintain their positions until the State Senate votes in a replacement. Mr. Evers has said he will ensure that Ms. Wolfe maintains her salary and access to her office in the meantime.Earlier this week, Wisconsin Republicans suggested they would put forth a bill requiring legislative approval for any new House and Senate maps in the state. The Wisconsin Supreme Court is expected to hear Democratic-led lawsuits that seek to remove the current G.O.P.-drawn lines.Republican lawmakers have also said in recent weeks that they would be open to impeaching the newest addition to the state’s Supreme Court, Justice Janet Protasiewicz, a Democrat, before she has heard a case. In her campaign this year, she was unusually blunt about her positions on issues including abortion rights and the state’s maps, which she called “rigged.” More