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    Biden, Trump and the 2024 Field of Nightmares

    In the bottom of the 10th inning of the sixth game of the 1986 World Series, with the Boston Red Sox leading the New York Mets 5-3, Red Sox manager John McNamara sent Bill Buckner — a great hitter dealing with terrible leg problems that made him gimp his way around first base — back out to play the infield instead of putting in Dave Stapleton, Buckner’s defensive replacement. A half-dozen at-bats later, a Mookie Wilson ground ball went through Buckner’s wobbly legs, sending the World Series to Game 7 and a certain 6-year-old Red Sox fan to bed in desperate tears.Those tears were my first acquaintance with the harsh truth of a baseball aphorism: The ball will always find you. Meaning that if you place a player where he shouldn’t be, or try to disguise a player’s incapacity by shifting him away from the likely action, or give a player you love a chance to stay on the field too long for sentimental reasons, the risk you take will eventually catch up to you, probably at the worst possible moment.Obviously, this is a column about President Biden’s age. But not only about Biden, because America has been running a lot of Buckner experiments of late. Consider the dreadful-for-liberals denouement of Ruth Bader Ginsburg’s career, where nobody could tell a lifetime-tenured Supreme Court justice who had survived cancer that it was time to step aside and Democrats were left to talk hopefully about her workout regimen as she tried to outlast Donald Trump. And she almost did — but in the end, her legacy was reshaped and even unmade by a decision to stay too long on the political field.Or consider the Trump presidency itself, in which voters handed a manifestly unfit leader the powers of the presidency and for his entire term, various Republicans tried to manage him and position him and keep him out of trouble, while Dave Stapleton — I mean, Mike Pence — warmed the bench.This managerial effort met with enough success that by the start of 2020, Trump seemed potentially headed for re-election. But like a series of line drives at an amateur third baseman, the final year of his presidency left him ruthlessly exposed — by the pandemic (whether you think he was too libertarian or too Faucian, he was obviously overmastered), by a progressive cultural revolution (which he opposed but was helpless to impede), by Biden’s presidential campaign and finally by his own vices, which yielded Jan. 6.Naturally, Republicans are ready to put him on the field again.These experiences set my expectations for what’s happening with Democrats and Biden now. The increasing anxiety over Biden’s lousy poll numbers, which I discussed in last weekend’s column, has yielded a defensive response from Biden partisans. Their argument is that the president’s decline is overstated, that his administration is going well and he deserves more credit than he’s getting and that, as Vox’s Ian Millhiser suggests, the press is repeating its mistake with Hillary Clinton’s email scandal and making the age issue seem awful when it’s merely, well, “suboptimal.”I do not think Biden’s decline is overstated by the media; by some Republicans, maybe, but the mainstream press is, if anything, treading gingerly around the evident reality. But I do think Biden’s defenders are correct that the effect of his age on his presidency has been, at most, only mildly negative. It’s limited his use of the bully pulpit and hurt his poll numbers, but his administration has passed major legislation, managed a foreign policy crisis and run a tighter ship than Trump.Where I have criticisms of Bidenism, they’re mostly the normal ones a conservative would have of any liberal president, not special ones associated with chaos or incompetence created by cognitive decline.But in running Biden for re-election, Democrats are making a fateful bet that this successful management can simply continue through two sets of risks: the high stakes of the next election, in which a health crisis or just more slippage might be the thing that puts Trump back in the White House, and the different but also substantial stakes of another four-year term.“The ball will always find you” is not, of course, an invariable truth. It’s entirely possible that Biden can limp to another victory, that his second term will yield no worse consequences than, say, Ronald Reagan’s did, that having managed things thus far, his aides, spouse and cabinet can see the next five years through.But the Trump era has been one of those periods when providence or fate revenges itself more swiftly than usual on hubris — when the longstanding freedom that American parties and leaders have enjoyed, by virtue of our power and pre-eminence, to skate around our weak spots and mistakes has been substantially curtailed.Even Millhiser’s proposed analogy for the fixation on Biden’s age, the Clinton email scandal, fits this pattern. “Her emails” hurt Clinton at the last because they became briefly entangled with the Anthony Weiner sex scandal. This was substantively unfair, since nothing came of the Clinton emails found on Weiner’s laptop. But it was dramatically fitting, a near-Shakespearean twist, that after surviving all of Bill Clinton’s sex scandals the Clinton dynasty would be unmade at its hour of near triumph by a different, more pathetic predator.So whether it’s certain or not, I can’t help expecting a similarly dramatic punishment for trying to keep Biden in the White House notwithstanding his decline.That I also expect some kind of punishment from the Republicans renominating Trump notwithstanding his unfitness doesn’t make me inconsistent, because presidential politics isn’t quite the same as baseball. Unlike in a World Series, there need not be a simple victor: All can be punished; all of us can lose.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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    Questions About Key Players in Trump’s Plan to Overturn the 2020 Election

    Last month, Times Opinion published a graphic mapping out many of the key players in former President Donald Trump’s plot to upend the 2020 election. In response to the project, we received more than 700 questions and comments from readers hungry to know more. Some asked why key players had not yet been charged. Others wanted to know how to prevent future subversive efforts like the fake electors scheme. So we asked Norman Eisen, a senior fellow at the Brookings Institution who drew up the initial list of names and worked on how to arrange them, to weigh in. He started with the questions that, as he put it, “hit hardest for me: questions about who we left out and those who funded the whole shebang.” Reader comments have been lightly edited for length and clarity.The Masterminds and FinanciersWho is financing Mr. Trump’s machine? When you follow the money, what do you find? — Nathaniel Means, Shreveport, La.Norman Eisen: Nathaniel’s question is key. An army of small donors have shouldered part of the burden, as have more substantial donors to his Save America PAC and other organizations.There were others who funded aspects of the election overthrow effort. The Rule of Law Defense Fund, an organization associated with the Republican Attorneys General Association, for instance, was involved in promoting the Jan. 6 rally on the Ellipse. Other donors include Julie Jenkins Fancelli, a Publix heiress who reportedly gave about $300,000 to rally organizers. The special counsel Jack Smith is reportedly continuing to analyze as part of his prosecution fund-raising efforts related to the attempt to overturn the election, though it is unclear if that will include the Jan. 6 rally, so we may see.If you want more information, you can dig into the Jan. 6 committee’s final report. It includes an appendix entitled “The Big Rip-off,” which explains how the Trump campaign raised enormous sums off its claims that the election was stolen.And of course, there’s a whole additional piece of this puzzle: the figures who continue to fund the members of Congress who voted against certifying the 2020 election. Public Citizen and Judd Legum’s “Popular Information” newsletter have both done good reporting on this topic. Citizens for Responsibility and Ethics in Washington, an organization I co-founded, has also published very good analysis of the major American companies that have or continue to fund these members of Congress. I patronize many of those companies, so I suppose the ultimate answer to your question is that we’re all funding those who enabled or continue to enable Trump, if indirectly.This conspiracy to “defraud” America seems very decentralized. Who, or what group of conspirators, masterminded the effort and gave it urgency and energy? — Jeff Tarakajian, Narragansett, R.I.We put Mr. Trump at the center of our graphic with his former chief of staff, Mark Meadows, directly to his right because we felt that they were really the masterminds behind this effort. But ultimately, I believe that this was an attempted coup not of soldiers, tanks and guns but of lawyers, cases and statutes. That’s why we depicted lawyers on Mr. Trump’s other side. They too were critical to the overall scheme. So were many others who still seem to be welcomed in polite society, including the R.N.C. chairwoman Ronna McDaniel.Criteria for the ‘Congressional Cowards’What, if any, consequences will the “congressional cowards” suffer? Are they all just going to get off scot-free? Run for re-election? How can that be possible? — Cheryl Voglesong, Troy, Mich.The eight congressional cowards we highlighted, and the additional 139 members of Congress who baselessly voted against certifying the 2020 election, do indeed seem to be insulated from consequences so far. These 147 members largely hail from Trump strongholds, which has shielded them from electoral consequences. Exacting legal consequences is also challenging because of the complex set of legal immunities members of Congress enjoy. That makes them tougher to prosecute or even investigate. Just last week, Scott Perry, a congressman from Pennsylvania who had one of the most significant roles in the attempted coup, was able to use this immunity argument to convince judges on the D.C. Circuit that prosecutors shouldn’t be able to access everything on his cellphone. (It was seized by the F.B.I. in August 2022, and he has been fighting back in the courts since.) The D.O.J. may still appeal that decision to the full D.C. Circuit or the Supreme Court, but the whole episode highlights the challenge that prosecutors face in attempting to hold members of Congress accountable for their actions.If you’re wondering why we chose to highlight these eight members of Congress and not the other 139 who voted against certifying the election results, it’s because we felt that, based on a thorough review of the public record, they bore the most profound responsibility. We could have included a generic bubble for the remaining 139, as we did elsewhere in the graphic, but ultimately we chose a simpler approach.Serious Players Haven’t Been ChargedBased on taped comments that have been broadcast in the media, it would seem both Roger Stone and Steve Bannon were involved in the conspiracy. Why haven’t they been charged? — Kathy Rogers, Whitefish Bay, Wis.Part of the reason Mr. Stone and Mr. Bannon have yet to be charged is that the American justice system has extremely high standards for prosecution and appeal. It’s one of the strengths of our justice system. So despite their participation in aspects of the effort, including taking part in the infamous Willard war room, Mr. Bannon and Mr. Stone were not charged because prosecutors likely decided the evidence was just not strong enough.‘Mr. Trump Has Inspired Extreme Loyalty’One would expect these were all law-abiding people for whom the threat of potential criminal prosecution works as an effective deterrent. Any thoughts about why the politicians and lawyers and bureaucrats risked their own personal well-being for this long-shot effort? — Jon Lipsky, San FranciscoI have wrestled with this question for years, including as the attempted coup was unfolding in real time after the election. I suspect the answer is slightly different for every single one of these people. Mr. Trump has inspired extreme loyalty in millions of Americans, and these leaders appear to be among them. That allegiance sent them down a factual and legal slippery slope that started with baseless arguments but culminated in outright illegal ones.Pushing Back on Subversive EffortsWhat formal mechanisms can be put in place to prevent individual states from putting up slates of fake electors? — Jeff Rosen, Evanston, Ill.The efforts to overturn the election exploited weaknesses in the Electoral Count Act of 1887, which defined the procedures for certifying a president-elect’s victory at the time. In August 2022, I testified before the Senate Rules Committee in support of comprehensive legislative reform to prevent such shenanigans in the future by targeting the gaps exposed on Jan. 6. I’m pleased to say that these improvements became law in the Electoral Count Reform and Presidential Transition Improvement Act of 2022. With 135 years elapsing between the original act in 1887 and the passage of the Electoral Count Reform Act in 2022, this remodel was long overdue, and should restrict future misconduct (although the criminal mind is endlessly inventive).This network obviously does not care what the public thinks of them, and the progress made by the justice system has been halting at best. How can the average Joe push back on these subversive efforts? — Benjamin Larson, CincinnatiThe ultimate way that average people can push back on election subversion is by making their voices heard at the ballot box, preferably creating margins that are too large to easily overthrow. But it doesn’t stop there. With the multiple criminal cases moving across the country, there’s also a role for average folks in serving on the juries in these matters. Given Mr. Trump’s heated rhetoric, coming on top of the other sacrifices in serving as a juror in the trial of a long case, that is no easy task. But I’m confident that Americans will step up to do that job as well.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Trump Moves to Quash Most Charges Against Him in Georgia

    The motion essentially piggybacked off another filed by one of the former president’s co-defendants, which gave a detailed critique of the sprawling indictment.Former President Donald J. Trump asked a judge on Monday to throw out most of the 13 charges against him in the wide-ranging election interference indictment handed up by a grand jury last month in Georgia.The one-page motion from Mr. Trump’s Georgia lawyer, Steven H. Sadow, refers to a more expansive motion also filed on Monday by one of Mr. Trump’s 18 co-defendants in the Georgia case, the lawyer Ray Smith III. That motion gives a detailed critique of the 98-page indictment, arguing that its “defects” are “voluminous,” and that it is legally unsound.Among other things, Mr. Smith’s motion says that the charge of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, or RICO — which all 19 defendants face — seeks to “punish protected First Amendment activity” and fails to “sufficiently allege the existence” of a racketeering enterprise whose goal was to overturn Mr. Trump’s narrow 2020 election loss in the state.The Smith filing argues that the racketeering conspiracy laid out by the prosecution was actually “comprised of millions of people throughout the country” who believed election fraud had taken place and were working toward the same goal as the defendants.To illustrate the point, the motion stated that there were probably thousands of bank robbers in the United States, “but the mere fact that they all rob banks and have the same goal and many of the same methods of operation, does not mean that all American bank robbers constitute one RICO enterprise, despite the fact that they are people who commit the same crime, for the same reason.”Mr. Smith’s legal team includes Donald F. Samuel, a veteran Atlanta defense lawyer.The office of the Fulton County district attorney, Fani T. Willis, who is leading the prosecution, declined to comment on Monday evening ahead of an official response to the motion in court. Mr. Sadow also declined to comment.The filing was the latest legal volley in the case, which Mr. Trump sought to quash even before his indictment in mid-August. It came as little surprise to legal analysts watching the case, who had expected Mr. Trump’s lawyers to mount an aggressive defense long before the start of a trial.The former president’s lawyers have already moved to sever his case from two co-defendants, Sidney Powell and Kenneth Chesebro, who have demanded a speedy trial. Their joint trial is set to start on Oct. 23.Mr. Smith, a lawyer based in Atlanta who helped Mr. Trump’s team challenge his loss in Georgia after the election, faces a dozen charges in the case. He advanced false claims about the election at a legislative hearing, according to the indictment. And, prosecutors charge, he took part in the efforts to get fake Trump electors to cast votes and sign documents that falsely claimed that he had won the election. Mr. Smith has pleaded not guilty.“He never advocated violence; he never cried ‘fire’ in a crowded theater,” his lawyers argued in the motion. “If advocacy in court or the legislature is a crime — if it merits being branded a ‘racketeer’ — there are very few people who will have the courage to risk engaging in such advocacy. ”Chris Timmons, a former prosecutor in the Atlanta area, said on Monday that the motion was unlikely to succeed in court, describing the racketeering enterprise defined in the indictment as “pretty tightly drawn.” But he noted that defense lawyers sometimes filed motions directed more at the court of public opinion, with an eye toward influencing a potential jury pool.Notably, the Smith motion does not excuse all the activity that took place.“If, as the Fulton prosecutors claim, somebody threatened physical harm to an election worker, that might (or should) be prosecuted as a crime,” Mr. Smith’s lawyers write. “The same for stealing computers or information from a computer.”Some defendants in the case were charged with conspiracy to commit computer theft in a breach of a rural Georgia county’s voting system, while others were accused of threatening a poll worker.Mr. Trump may soon follow the lead of several other defendants and ask to have his case moved to federal court, where the jury pool would be somewhat more supportive of him. But on Friday, a U.S. District Court judge rejected such a request from Mark Meadows, Mr. Trump’s former White House chief of staff, dimming the prospects that others would succeed with the strategy. More

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    Judge Denies Mark Meadows’s Request to Move Georgia Case to Federal Court

    Moving the case to federal court would have given Mark Meadows, a former White House chief of staff, one key advantage: a jury pool that was more favorable to Donald J. Trump.Georgia prosecutors leading the criminal election interference case against former President Donald J. Trump and 18 of his allies notched a victory on Friday when a judge rejected an effort by Mark Meadows, Mr. Trump’s former White House chief of staff, to move his case from state court to federal court.Mr. Meadows would have faced the same state felony charges had his case been heard by a federal judge and jury, including a racketeering charge for his role in what prosecutors have described as a “criminal organization” that sought to overturn Mr. Trump’s 2020 election loss in the state. But removal to federal court would have given him key advantages, including a jury pool that was more favorable to Mr. Trump.Conducting a trial in federal court would have also increased the likelihood that the United States Supreme Court, a third of whose members were nominated by Mr. Trump, would ultimately get involved in the case.The setback for Mr. Meadows came in the first of many rulings that are expected for the defendants who are seeking to have their cases moved out of state court. Mr. Trump has not filed for a removal to federal court, but he is widely expected to do so.However, the ruling, by Judge Steve C. Jones of the Northern District of Georgia, does not bode well for any of those efforts. An early trial is already scheduled to start in state court on Oct. 23 for two defendants, Kenneth Chesebro and Sidney Powell, who have invoked their right for a speedy trial under Georgia law.The question of where the trials will take place is significant in another way as well. Unlike in federal court, the proceedings in state court will be televised, setting the stage for long-running public trials focused on efforts by Mr. Trump and his allies to cling to power.“There is no federal jurisdiction over the criminal case,” Judge Jones, who was nominated by President Barack Obama, wrote in his ruling. “The outcome of this case will be for a Fulton County judge and trier of fact to ultimately decide.”A lawyer for Mr. Meadows did not immediately respond to a request for comment.Read the documentJudge Steve C. Jones of the Northern District of Georgia rejected an effort by Mark Meadows, Mr. Trump’s former White House chief of staff, to move his racketeering case from state court to federal court.Read Document 49 pagesThe ruling, which Mr. Meadows appealed on Friday night, came after his lawyers took the unexpected step of putting their client on the witness stand to make the case for removal in a hearing on Aug. 28 in Judge Jones’s courtroom in downtown Atlanta.“Meadows had the strongest of the removal cases,” said Norman Eisen, who was special counsel to the House Judiciary Committee during Mr. Trump’s first impeachment. “If Meadows has failed, then there’s little hope for Clark, or for that matter Trump,” he added, referring to Jeffrey Clark, a defendant and former Justice Department official who has also filed to move his case to federal court.In a filing this week, Mr. Trump’s lawyer, Steven H. Sadow, notified the presiding Fulton County Superior Court judge, Scott McAfee, that Mr. Trump might seek to move his case; he has until the end of the month to decide.A key issue for Judge Jones was whether Mr. Meadows’s actions, as described in the 98-page indictment, could be considered within the scope of his job duties as White House chief of staff, which would qualify his case for removal under federal law. Removal is a longstanding legal tradition meant to protect federal officials from state-level prosecution that could impede them from conducting federal business; it is rooted in the Supremacy Clause of the U.S. Constitution, which makes federal law “supreme” over contrary state laws.In the hearing on Mr. Meadows’s request, Fulton County prosecutors argued that he had overstepped the bounds of his chief-of-staff duties by acting as a de facto agent of Mr. Trump’s re-election campaign. They noted that he had arranged and participated in the now-famous Jan. 2, 2021, call between Mr. Trump and Brad Raffensperger, the Georgia secretary of state, in which Mr. Trump said he wanted to “find” roughly 12,000 votes, enough to reverse his election loss in the state.The prosecutors said that with such actions, Mr. Meadows had violated the Hatch Act, which prohibits federal employees from engaging in political activities while they are on the job. Among the examples they noted was a text message that Mr. Meadows sent on Dec. 27, 2020, to an official in Mr. Raffensperger’s office, in which he offered financial assistance from the “Trump campaign” for a ballot verification effort.Mr. Meadows’s lawyers emphasized that a chief of staff’s job often occupies a messy place where policy and politics converge — and that was among the reasons that some observers thought he had the best shot at removal to federal court.But Judge Jones decided that the actions ascribed to Mr. Meadows in the indictment were not within the scope of his federal duties.The evidence, he ruled, “establishes that the actions at the heart of the state’s charges against Meadows were taken on behalf of the Trump campaign with an ultimate goal of affecting state election activities and procedures.”Mr. Meadows testified at the hearing before Judge Jones that he believed there were outstanding allegations of election fraud that Mr. Trump was concerned about that needed further investigation in the weeks after the election even after William P. Barr, the attorney general at the time, met with Mr. Meadows and told him that many of the allegations were “bullshit.”In a likely preview to his defense strategy, Mr. Meadows also said he wanted to help Mr. Trump look into election fraud allegations as a way to “hopefully get this off of the president’s concern list.” That way, he could “land the plane,” he said, referring to facilitating a smooth and peaceful transfer of power to an incoming President Biden.Mr. Trump’s lawyers unsuccessfully sought removal in his state criminal case in New York, in which he is charged with 34 felony counts of falsifying business records stemming from a hush money payment made to a porn star in 2016. Mr. Trump is also facing two federal criminal cases in Florida and Washington, D.C.Besides Mr. Meadows and Mr. Clark, three other co-defendants in the Georgia case have asked for their cases to be moved to federal court. The others were Republican Party electors who submitted Electoral College votes for Mr. Trump despite his loss in Georgia: State Senator Shawn Still; Cathy Latham, a party activist from rural Georgia; and David Shafer, the former head of the Georgia Republican Party. Their claim is seen as particularly tenuous, because they did not work for the federal government.For cases that remain in the state court system, the jury will be drawn from Fulton County, which covers most of Atlanta; Mr. Trump received just over 26 percent of the vote there in 2020. Cases removed to federal court would get a jury from a 10-county area where Mr. Trump received nearly 35 percent of the vote — a not-insignificant advantage for defendants, given the fact that it takes only one not-guilty vote to hang a jury.In addition to racketeering, Mr. Meadows is charged with one count of solicitation of violation of oath by a public officer for his participation in the phone call with Mr. Raffensperger, the secretary of state. Prosecutors accuse Mr. Meadows of having “unlawfully solicited, requested and importuned” Mr. Raffensperger to engage in the illegal act of changing the certified vote returns in the state.Prosecutors subpoenaed Mr. Raffensperger to testify at Mr. Meadows’s removal hearing. Mr. Raffensperger recounted how he was not swayed by Mr. Trump’s arguments that there were problems with the election results, which at that point had been subject to multiple recounts.When asked to characterize the conversation with Mr. Trump and Mr. Meadows, Mr. Raffensperger said, “I thought it was a campaign call.” More

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    Special Grand Jury in Georgia Recommended Charging Lindsey Graham in Trump Case

    A special grand jury made the recommendation last year after hearing from dozens of witnesses on whether Donald J. Trump and his allies interfered in the 2020 election.A special grand jury that investigated election interference allegations in Georgia recommended indicting a number of Trump allies who were not charged, including Senator Lindsey Graham of South Carolina, the former senators David Perdue and Kelly Loeffler of Georgia, and Michael Flynn, a former national security adviser.In its final report, which a judge unsealed on Friday, the panel also recommended charges against Boris Epshteyn, one of former President Donald J. Trump’s main lawyers, as well as a number of other Trump-aligned lawyers, including Cleta Mitchell and Lin Wood.Mr. Trump and 18 allies were charged in a racketeering indictment that was handed up last month by a regular grand jury in Fulton County, Ga.The special grand jury, which Fulton County prosecutors convened to help with the investigation, met at an Atlanta courthouse from June to December of last year. It spent much of that time hearing testimony from 75 witnesses on the question of whether Mr. Trump or any of his allies had sought to illegally overturn his 2020 election loss in the state.Under Georgia law, the panel could not issue indictments itself. In the Trump case, that task fell to a regular grand jury that was seated over the summer. The regular grand jury heard evidence from prosecutors for one day in early August before voting to indict all 19 defendants whom prosecutors had sought to charge.The special grand jury’s mandate was to write a report with recommendations on whether indictments were warranted in the investigation, which was led by Fani T. Willis, the Fulton County district attorney. Ms. Willis asked to convene a special grand jury because such panels have subpoena powers, and she was concerned that some witnesses would not cooperate without being subpoenaed.Portions of the report were publicly released in February, but those excerpts did not indicate who had been recommended for indictment, or on what charges. The release of the full nine-page report this week was ordered by Judge Robert C.I. McBurney of Fulton County Superior Court.Read the Report by the Special Grand Jury in Georgia That Investigated President TrumpThe special grand jury investigated whether Mr. Trump interfered in the 2020 election in the state. Their report included recommendations on whether indictments were warranted, and for whom.Read DocumentMr. Epshteyn declined on Friday to comment about the report. Others whom the advisory panel recommended for indictment did not immediately respond to requests for comment.After the special grand jury recommended indictments of about 40 people, the district attorney had to weigh which prosecutions would be the most likely to succeed in court. A potential case against Mr. Graham, for example, would have been hampered by the fact that there were conflicting accounts of telephone calls he made to a top Georgia official. Mr. Graham has repeatedly said that he did nothing wrong.Fulton County prosecutors indicated in court filings last year that they were interested in those calls by Mr. Graham, a onetime critic of Mr. Trump who became a staunch supporter. They were made shortly after the November 2020 election to Brad Raffensperger, Georgia’s secretary of state.Mr. Raffensperger has said that in those calls, Mr. Graham suggested the rejection of all mail-in votes from Georgia counties with high rates of questionable signatures, a step that would have excluded many more Democratic votes than Republican ones. But the phone calls are not known to have been recorded, and recollections differ about exactly what was said — factors that probably figured in the decision not to charge Mr. Graham.In a filing seeking Mr. Graham’s testimony, prosecutors said that he “questioned Secretary Raffensperger and his staff about re-examining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump,” and “made reference to allegations of widespread voter fraud” during those calls.A few weeks after the calls, Mr. Trump followed up with a call of his own to Mr. Raffensperger on Jan. 2, 2021, saying that he wanted to “find” roughly 12,000 votes, enough to reverse his loss in Georgia. Mr. Trump’s call, which was recorded, is the basis for a number of charges in the 98-page indictment.Mr. Graham has characterized as “ridiculous” the idea that he had suggested to Mr. Raffensperger that he throw out legally cast votes, and the senator’s lawyers have argued that he was carrying out a legitimate investigative function as a member of the Senate Judiciary Committee. In a bid to avoid testifying before the special grand jury last year, Mr. Graham waged a legal battle that made its way to the U.S. Supreme Court. Ultimately, he was forced to testify.Afterward, he said that he had spent two hours giving testimony behind closed doors, where he said he “answered all questions.”Mr. Graham has been critical of prosecutors in the Georgia case and the three other criminal cases against Mr. Trump, characterizing them as liberals who were “weaponizing the law” to unfairly target the former president.After the Georgia indictment, Mr. Graham told reporters in South Carolina that he was not cooperating with the Fulton County prosecutors, dismissing the idea as “crazy stuff.”“I went, had my time, and I haven’t heard from them since,” he said. More

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    Trump Is Nothing Without Republican Accomplices

    During the first Republican debate of the 2024 presidential primary campaign last month, Donald Trump’s rivals were asked to raise their hands if they would support his candidacy, even if he were “convicted in a court of law.” Mr. Trump’s effort to overturn the 2020 election wasn’t just a potential criminal offense. It also violated the cardinal rule of democracy: Politicians must accept the results of elections, win or lose.But that seemed to matter little on the debate stage. Vivek Ramaswamy’s hand shot up first, and all the other leading candidates followed suit — some eagerly, some more hesitantly and one after casting furtive glances to his right and his left.Behavior like this might seem relatively harmless — a small act of political cowardice aimed at avoiding the wrath of the base. But such banal acquiescence is very dangerous. Individual autocrats, even popular demagogues, are never enough to wreck a democracy. Democracy’s assassins always have accomplices among mainstream politicians in the halls of power. The greatest threat to our democracy comes not from demagogues like Mr. Trump or even from extremist followers like those who stormed the Capitol on Jan. 6, but rather from the ordinary politicians, many of them inside the Capitol that day, who protect and enable him.The problem facing Republican leaders today — the emergence of a popular authoritarian threat in their own ideological camp — is hardly new. It has confronted political leaders across the world for generations. In Europe in the 1920s and 1930s, mainstream center-left and center-right parties had to navigate a political world in which antidemocratic extremists on the communist left and the fascist right enjoyed mass appeal. And in much of South America in the polarized 1960s and 1970s, mainstream parties found that many of their members sympathized with either leftist guerrillas seeking armed revolution or rightist paramilitary groups pushing for military rule.The Spanish political scientist Juan Linz wrote that when mainstream politicians face this sort of predicament, they can proceed in one of two ways.On the one hand, politicians may act as loyal democrats, prioritizing democracy over their short-term ambitions. Loyal democrats publicly condemn authoritarian behavior and work to hold its perpetrators accountable, even when they are ideological allies. Loyal democrats expel antidemocratic extremists from their ranks, refuse to endorse their candidacies, eschew all collaboration with them, and when necessary, join forces with ideological rivals to isolate and defeat them. And they do this even when extremists are popular among the party base. The result, history tells us, is a political firewall that can help a democracy survive periods of intense polarization and crisis.On the other hand, too often, politicians become what Mr. Linz called semi-loyal democrats. At first glance, semi-loyalists look like loyal democrats. They are respectable political insiders and part of the establishment. They dress in suits rather than military camouflage, profess a commitment to democracy and ostensibly play by its rules. We see them in Congress and in governor’s mansions — and on the debate stage. So when democracies die, semi-loyalists’ fingerprints may not be found on the murder weapon.But when we look closely at the histories of democratic breakdowns, from Europe in the interwar period to Argentina, Brazil and Chile in the 1960s and 1970s to Venezuela in the early 2000s, we see a clear pattern: Semi-loyal politicians play a pivotal role in enabling authoritarians.Rather than severing ties to antidemocratic extremists, semi-loyalists tolerate and accommodate them. Rather than condemn and seek accountability for antidemocratic acts committed by ideological allies, semi-loyalists turn a blind eye, denying, downplaying and even justifying those acts — often via what is today called whataboutism. Or they simply remain silent. And when they are faced with a choice between joining forces with partisan rivals to defend democracy or preserving their relationship with antidemocratic allies, semi-loyalists opt for the latter.It is semi-loyalists’ very respectability that makes them so dangerous. As members of the establishment, semi-loyalists can use their positions of authority to normalize antidemocratic extremists, protect them against efforts to hold them legally accountable and empower them by opening doors to the mainstream media, campaign donors and other resources. It is this subtle enabling of extremist forces that can fatally weaken democracies.Consider the example of France. On Feb. 6, 1934, in the center of Paris, thousands of disaffected and angry men — veterans and members of right-wing militia groups — gathered near the national Parliament as its members were inside preparing to vote for a new government. They threw chairs, metal grates and rocks and used poles with razor blades on one end to try breach the doors of Parliament. Members of Parliament, frightened for their lives, had to sneak out of the building. Seventeen people were killed, and thousands were injured. Although the rioters failed to seize the Parliament building, they achieved one of their objectives: The centrist prime minister resigned the next day and was replaced by a right-leaning prime minister.Although French democracy survived the Feb. 6 attack on Parliament, the response of some prominent politicians weakened its defenses. Many centrist and center-left politicians responded as loyal democrats, publicly and unequivocally condemning the violence. But many conservative politicians did not. Key members of France’s main conservative party, the Republican Federation, many of whom were inside the Parliament building that day, sympathized publicly with the rioters. Some praised the insurrectionists as heroes and patriots. Others dismissed the importance of the attack, denying that there had been an organized plot to overthrow the government.When a parliamentary commission was established to investigate the events of Feb. 6, Republican Federation leaders sabotaged the investigation at each step, blocking even modest efforts to hold the rioters to account. Protected from prosecution, many of the insurrection’s organizers were able to continue their political careers. Some of the rioters went on to form the Victims of Feb. 6, a fraternity-like organization that later served as a recruitment channel for the Nazi-sympathizing Vichy government established in the wake of the 1940 German invasion.The failure to hold the Feb. 6 insurrectionists to account also helped legitimize their ideas. Mainstream French conservatives began to embrace the view — once confined to extremist circles — that their democracy was hopelessly corrupt, dysfunctional and infiltrated by Communists and Jews. Historically, French conservatives had been nationalist and staunchly anti-German. But by 1936, many of them so despised the Socialist prime minister, Léon Blum, that they embraced the slogan “Better Hitler than Blum.” Four years later, they acquiesced to Nazi rule.The semi-loyalty of leading conservative politicians fatally weakened the immune system of French democracy. The Nazis, of course, finished it off.A half-century later, Spanish politicians responded very differently to a violent assault on Parliament. After four decades of dictatorship, Spain’s democracy was finally restored in the late 1970s, but its early years were marked by economic crisis and separatist terrorism. And on Feb. 23, 1981, as the Parliament was electing a new prime minister, 200 civil guardsmen entered the building and seized control at gunpoint, holding the 350 members of Parliament hostage. The coup leaders hoped to install a conservative general — a kind of Spanish Charles de Gaulle — as prime minister.The coup attempt failed, thanks to the quick and decisive intervention of the king, Juan Carlos I. Nearly as important, though, was the reaction of Spanish politicians. Leaders across the ideological spectrum — from communists to conservatives who had long embraced the Franco dictatorship — forcefully denounced the coup. Four days later, more than a million people marched in the streets of Madrid to defend democracy. At the head of the rally, Communist, Socialist, centrist and conservative franquista politicians marched side by side, setting aside their partisan rivalries to jointly defend democracy. The coup leaders were arrested, tried and sentenced to long prison terms. Coups became virtually unthinkable in Spain, and democracy took root.That is how democracy is defended. Loyal democrats join forces to condemn attacks on democracy, isolate those responsible for such attacks and hold them accountable.Unfortunately, today’s Republican Party more closely resembles the French right of the 1930s than the Spanish right of the early 1980s. Since the 2020 election, Republican leaders have enabled authoritarianism at four decisive moments. First, rather than adhering to the cardinal rule of accepting election results after Joe Biden won in November, many Republican leaders either questioned the results or remained silent, refusing to publicly recognize Mr. Biden’s victory. Vice President Mike Pence did not congratulate his successor, Kamala Harris, until the middle of January 2021. The Republican Accountability Project, a Republican pro-democracy watchdog group, evaluated the public statements of 261 Republican members of the 117th Congress after the election. They found that 221 of them had publicly expressed doubt about its legitimacy or did not publicly recognize that Biden won. That’s 85 percent. And in the aftermath of the Jan. 6 riot, nearly two-thirds of House Republicans voted against certification of the results. Had Republican leaders not encouraged election denialism, the “stop the steal” movement might have stalled, and thousands of Trump supporters might not have violently stormed the Capitol in an effort to overturn the election.Second, after Mr. Trump was impeached by the House of Representatives for the Jan. 6, 2021, insurrection, Senate Republicans overwhelmingly voted to acquit him, even though many conceded that, in Senator Mitch McConnell’s words, the president was “practically and morally responsible” for the attack. The acquittal allowed Mr. Trump to continue his political career despite having tried to block the peaceful transfer of power. Had he been convicted in the Senate, he would have been legally barred from running again for president. In other words, Republican senators had a clear opportunity to ensure that an openly antidemocratic figure would never again occupy the White House — and 43 of them, including Mr. McConnell, declined to take it.Third, Republican leaders could have worked with Democrats to create an independent commission to investigate the Jan. 6 uprising. Had both parties joined forces to seek accountability for the insurrection, the day’s events would have gone down in U.S. history (and would likely have been accepted by a larger majority of Americans) as a criminal assault on our democracy that should never again be allowed to occur, much like Spain’s 1981 coup attempt. Republican leaders’ refusal to support an independent investigation shattered any possible consensus around Jan. 6, making it far less likely that Americans will develop a shared belief that such events are beyond the pale.Finally, with remarkably few exceptions, Republican leaders say they will still support Mr. Trump even if he is convicted of plotting to overturn an election. Alternatives exist. The Republican National Committee could declare that the party will not nominate an individual who poses a threat to democracy or has been indicted on serious criminal charges. Or Republican leaders could jointly declare that, for the sake of democracy, they will endorse Mr. Biden if Mr. Trump is the Republican nominee. Such a move would, of course, destroy the party’s chances in 2024. But by keeping Mr. Trump out of the White House, it would help protect our democracy.If Republican leaders continue to endorse Mr. Trump, they will normalize him yet again, telling Americans that he is, at the end of the day, an acceptable choice. The 2024 race will become another ordinary red vs. blue election, much like 2016. And as in 2016, Mr. Trump could win.Republican leaders’ acquiescence to Mr. Trump’s authoritarianism is neither inevitable nor unavoidable. It is a choice.Less than a year ago in Brazil, right-wing politicians chose a different path. President Jair Bolsonaro, who was elected in 2018, was an extreme-right politician who had praised torture, death squads and political assassination. Like Mr. Trump in 2020, Mr. Bolsonaro faced an uphill re-election battle in 2022. And like Mr. Trump, he tried to undermine public trust in the electoral system, attacking it as rigged and seeking to replace the country’s sophisticated electronic voting system with a paper ballot system that was more prone to fraud. And despite some dirty tricks on Election Day (police roadblocks impeded voter access to the polls in opposition strongholds in the northeast), Mr. Bolsonaro, like Mr. Trump, narrowly lost.But the similarities end there. Whereas most Republican leaders refused to recognize Mr. Biden’s victory, most of Mr. Bolsonaro’s major political allies, including the president of Congress and the newly elected governors of powerful states like São Paulo and Minas Gerais, unambiguously accepted his defeat at the hands of Lula da Silva, the winner on election night. Although Mr. Bolsonaro himself remained silent, almost no major Brazilian politician questioned the election results.Likewise, on Jan. 8, 2023, when angry Bolsonaro supporters, seeking to provoke a coup, stormed Congress, the office of the presidency and the Supreme Court building in Brasília, conservative politicians forcefully condemned the violence. In fact, several of them led the push for a congressional investigation into the insurrection. And when the Superior Electoral Court barred Mr. Bolsonaro from seeking public office until 2030 (for abusing his political power, spreading disinformation and making baseless accusations of fraud), the response among right-wing politicians was muted. Although the electoral court’s ruling was controversial, few Brazilian politicians have attacked the legitimacy of the court or defended Mr. Bolsonaro as a victim of political persecution.Not only is Mr. Bolsonaro barred from running for president in the next election, he is politically isolated. For U.S. Republicans, then, Brazil offers a model.Many mainstream politicians who preside over a democracy’s collapse are not authoritarians committed to overthrowing the system; they are careerists who are simply trying to get ahead. They are less opposed to democracy than indifferent to it. Careerism is a normal part of politics. But when democracy is at stake, choosing political ambition over its defense can be lethal.Mr. McConnell, House Speaker Kevin McCarthy and other top Republican leaders are not trying to kill democracy, but they have subordinated its defense to their own personal and partisan interests. Such reckless indifference could make them indispensable partners in democracy’s demise. They risk joining the long line of semi-loyal politicians littering the histories of interwar Europe and Cold War Latin America who sacrificed democracy on the altar of political expediency. American voters must hold them to account.Steven Levitsky and Daniel Ziblatt (@dziblatt), professors of government at Harvard, are the authors of “The Tyranny of the Minority” and “How Democracies Die.”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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    Peter Navarro Convicted of Contempt of Congress Over Jan. 6 Subpoena

    The verdict made Mr. Navarro the second top adviser to former President Donald J. Trump to be found guilty of contempt for defying the House committee’s investigation.Peter Navarro, a former trade adviser to President Donald J. Trump, was convicted on Thursday of two counts of criminal contempt of Congress for defying a subpoena from the House select committee investigating the Jan. 6, 2021, attack on the Capitol.The verdict, coming after nearly four hours of deliberation in Federal District Court in Washington, made Mr. Navarro the second top adviser of Mr. Trump’s to be found guilty in connection to the committee’s inquiry. Stephen K. Bannon, a former strategist for Mr. Trump who was convicted of the same offense last summer, faces four months in prison and remains free on appeal.Mr. Navarro, 74, stood to the side of his lawyers’ table, stroking his chin as the verdict was read aloud. Each count carries a maximum of one year in prison and a fine of up to $100,000. A hearing to determine his sentence was scheduled for January.Speaking outside the courthouse afterward, Mr. Navarro repeatedly vowed to appeal his conviction.“I am willing to go to prison to settle this issue, I’m willing to do that,” he said. “But I also know that the likelihood of me going to prison is relatively small because we are right on this issue.”The jury’s decision handed a victory to the House committee, which had sought to penalize senior members of the Trump administration who refused to cooperate with one of the chief investigations into the Capitol riot.The trial also amounted to an unusual test of congressional authority. Since the 1970s, referrals for criminal contempt of Congress have rarely resulted in the Justice Department’s bringing charges. Mr. Navarro was indicted last June on two misdemeanor counts of contempt, one for failing to appear for a deposition and another for refusing to provide documents in response to the committee’s subpoena.The rapid pace of the trial reflected, in part, the fact that the case turned on a straightforward question, whether Mr. Navarro had willfully defied lawmakers in flouting a subpoena. Even before the trial began, Judge Amit P. Mehta, who presided over the case, dealt a blow to Mr. Navarro by ruling that he could not use in court what he has publicly cast as his principal defense: that Mr. Trump personally directed him not to cooperate and that he was protected by those claims of executive privilege.Mr. Navarro, a Harvard-trained economist and a strident critic of China, devised some of the Trump administration’s most adversarial trade policies toward the country. Once the pandemic took hold, he helped coordinate the United States’s response by securing equipment like face masks and ventilators. But after the 2020 election, he became more focused on plans to keep Mr. Trump in power.Mr. Navarro was of particular interest to the committee because of his frequent television appearances in which he cast doubt on the election results and peddled specious claims of voter fraud.He also documented those assertions in a three-part report on purported election irregularities, as well as in a memoir he published after he left the White House. In the book, Mr. Navarro described a strategy he had devised with Mr. Bannon known as the Green Bay Sweep, aimed at overturning the results of the election in key swing states that had been called for Joseph R. Biden Jr.But when the committee asked Mr. Navarro to testify last February, he repeatedly insisted that Mr. Trump had ordered him not to cooperate. By asserting executive privilege, he argued, the former president had granted him immunity from Congress’s demands.The question of executive privilege prompted more than a year of legal wrangling over whether Mr. Navarro could invoke that at a time when Mr. Trump was no longer president. Judge Mehta ruled last week that Mr. Navarro could not raise executive privilege in his defense, saying that there was no compelling evidence that Mr. Trump had ever told him to ignore the committee.Asked after his verdict why he had not merely asked Mr. Trump to provide testimony that corroborated his claims, Mr. Navarro said the former president was too preoccupied with his own legal troubles.“You may have noticed that he’s fighting four different indictments in three different jurisdictions thousands of miles away, OK?” he said. “We chose not to go there.”In closing arguments on Thursday, prosecutors and defense lawyers dueled over whether Mr. Navarro’s refusal to cooperate with the committee amounted to a willful defiance of Congress, or a simple misunderstanding.“The defendant, Peter Navarro, made a choice,” said Elizabeth Aloi, a prosecutor. “He didn’t want to comply and produce documents, and he didn’t want to testify, so he didn’t.”Detailing the House committee’s correspondence with Mr. Navarro, Ms. Aloi said that even after the panel asked Mr. Navarro to explain any opposition he had to giving sworn testimony, he continued to stonewall.“The defendant chose allegiance to President Trump over compliance with the subpoena,” she said. “That is contempt. That is a crime.”Stanley Woodward Jr., a lawyer for Mr. Navarro, countered that the government had not successfully shown that Mr. Navarro’s failure to comply was anything other than “inadvertence, accident or mistake.” Mr. Woodward presented next to no evidence in Mr. Navarro’s defense and instead sought to poke holes in the government’s case that Mr. Navarro had deliberately disregarded the committee.“Where was Dr. Navarro on March 2, 2022?” Mr. Woodward asked, referring to the date that Mr. Navarro was instructed to appear before the panel.“We don’t know,” he said. “Why didn’t the government present evidence to you about where Dr. Navarro was or what he was doing?”Prosecutors also emphasized the role that Mr. Navarro’s falsehoods may have played in drawing scores of rioters to Washington to disrupt Congress’s certification of the results.That caused Mr. Woodward to bristle, telling the jury that the government was relying on emotional descriptions to tarnish Mr. Navarro’s image, rather than proving he ever intended to blow off lawmakers.Others in Mr. Trump’s inner circle cooperated with the panel in a more limited fashion and avoided criminal charges.Two of Mr. Trump’s advisers, Roger J. Stone Jr. and Michael T. Flynn, appeared before the committee but declined to answer most of its questions by citing their Fifth Amendment rights against self-incrimination. Mr. Trump’s final chief of staff, Mark Meadows, and his deputy, Dan Scavino, each negotiated terms with the committee to provide documents but not testimony.During the trial, prosecutors emphasized that Mr. Navarro could have taken a similar tack. The panel had informed Mr. Navarro that if he sought to invoke privilege, he should do so in person, as well as list any documents he believed were protected.“Even if he believed he had an excuse, it does not matter,” Ms. Aloi told members of the jury moments before they left the courtroom to deliberate. “He had to comply with the subpoena no matter what, and assert any privileges in the way Congress set forth.” More