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    Ex-Trump Aide Peter Navarro to Face Trial Over Defiance of Jan. 6 Panel

    A federal judge allowed the trial to proceed after finding little evidence that the former president authorized Mr. Navarro to ignore a subpoena from Congress.For weeks after the 2020 election had been called, Peter Navarro, a White House adviser to President Donald J. Trump, worked closely with other senior aides to keep Mr. Trump in power for a second term.After being subpoenaed last year by the House committee investigating the Jan. 6, 2021, riot, which sought to learn more about those efforts, Mr. Navarro refused to comply, insisting that Mr. Trump had directed him not to cooperate and dismissing the subpoena as “illegal” and “unenforceable.”Now, after more than a year of legal wrangling, Mr. Navarro, 74, will defend those claims in a trial that starts Tuesday, when jury selection is expected to begin in Federal District Court in Washington. The case centers on a relatively simple question: whether he showed contempt for Congress in defying the House committee’s request for documents and testimony.The trial itself may be relatively short, and if Mr. Navarro were to be convicted on the two counts of contempt of Congress he is charged with, he could face up to a year in jail and a fine of up to $100,000 for each count.Since Mr. Navarro was indicted in June of last year, he has maintained that he is protected by the former president’s claim of executive privilege.Prosecutors intend to argue that Mr. Navarro refused of his own volition and that neither Mr. Trump nor his lawyers have confirmed whether Mr. Navarro sought or received his approval.The judge in the case, Amit P. Mehta, has already dealt a blow to Mr. Navarro, ruling that he cannot rely on executive privilege as a pillar of his defense. He refused to dismiss the case after concluding that Mr. Navarro had failed to produce convincing evidence that he and Mr. Trump ever discussed his response to Congress.Describing Mr. Navarro’s defense as “pretty weak sauce,” Judge Mehta emphasized that he had presented no written communications or even a “smoke signal” that would bolster his contention.“I still don’t know what the president said,” Judge Mehta said. “I don’t have any words from the former president.”“I don’t think anyone would disagree that we wish there was more here from President Trump,” Mr. Navarro’s lawyer, Stanley Woodward Jr., replied.Still, outside of court, Mr. Navarro has continued to frame the case as a fundamental dispute between the legislative and executive branches, calling the fight over executive privilege “open questions” in the law and pledging to appeal.Mr. Navarro is one of two Trump aides to face criminal charges after the House committee’s investigation. Stephen K. Bannon, another of Mr. Trump’s senior advisers, was convicted last summer on two counts of contempt of Congress and sentenced to four months in prison.After the 2020 election, Mr. Bannon and Mr. Navarro concocted a plan, known as the Green Bay Sweep, aimed at delaying certification of the outcome of the election. The strategy involved persuading Republican lawmakers to halt the counting of Electoral College votes on Jan. 6 by repeatedly challenging the results in various swing states.When the House committee investigating the Jan. 6 attack issued a subpoena, Mr. Bannon similarly refused to comply.Others in Mr. Trump’s inner circle were less combative in resisting the panel’s efforts.Two of Mr. Trump’s advisers, Roger J. Stone Jr. and Michael T. Flynn, ultimately 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, negotiated the terms of their responses to subpoenas, providing documents but not testimony. None of the four men faced criminal charges.The filing of charges against Mr. Navarro was widely seen as proof that the Justice Department was willing to act aggressively against one of Mr. Trump’s top allies as the House scrutinized the actions of the former president and his advisers and aides in the events leading up to and during the Capitol attack.The trial could also shed new light on Mr. Navarro’s communications with the White House at key moments during Mr. Trump’s final days in power.One possible witness for the defense is Liz Harrington, a communication aide for Mr. Trump who helped spread false claims of election irregularities in the months after the 2020 election. Ms. Harrington had been set to testify last week about Mr. Navarro’s claims of executive privilege, but could instead provide written testimony about the extent of Mr. Navarro’s contact with Mr. Trump and his aides.Alan Feuer More

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    What Happens if Mitch McConnell Resigns Before His Senate Term Ends?

    The longtime Republican leader froze up during a news conference on Wednesday in Kentucky. The second such episode in recent weeks, it stirred speculation about his future in the Senate.For the second time in a little over a month, Senator Mitch McConnell of Kentucky, the longtime Republican leader, froze up during a news conference on Wednesday, elevating concerns about his health and his ability to complete his term that ends in January 2027.At an event hosted by the Northern Kentucky Chamber of Commerce, Mr. McConnell, 81, who was elected to his seventh term in 2020, paused for about 30 seconds while responding to a reporter’s question about his re-election plans.The abrupt spell — like one at the U.S. Capitol in July — happened in front of the cameras. In March, a fall left him with a concussion. He suffered at least two other falls that were not disclosed by his office.Mr. McConnell has brushed off past questions about his health, but speculation is swirling again about what would happen in the unlikely event that he retired in the middle of his term.How would the vacancy be filled?For decades in Kentucky, the power to fill a vacancy in the U.S. Senate was reserved exclusively for the governor, regardless of whether an incumbent stepped down, died in office or was expelled from Congress.But with Gov. Andy Beshear, a Democrat, in the state’s highest office, Republican lawmakers used their legislative supermajorities to change the state law in 2021.Under the new law, a state executive committee consisting of members of the same political party as the departing incumbent senator will name three candidates the governor can choose from to fill the vacancy on a temporary basis. Then a special election would be set, and its timing would depend on when the vacancy occurs.At the time that G.O.P. lawmakers introduced the change, Mr. McConnell supported the measure. Mr. Beshear, who is up for re-election this November, vetoed the bill, but was overridden by the Legislature.Who might follow McConnell in the Senate?Several Republicans could be in the mix to fill the seat in the unlikely scenario that Mr. McConnell, the longest-serving leader in the Senate, stepped down including Daniel Cameron, the state’s attorney general; Ryan Quarles, the agricultural commissioner; Kelly Craft, a former U.N. ambassador under former President Donald Trump and Representative Andy Barr.Photographs by Jon Cherry for The New York Times; Grace Ramey/Daily News, via Associated Press and Alex Brandon/Associated Press.In a state won handily by former President Donald J. Trump, several Republicans could be in the mix should Mr. McConnell, the longest-serving leader in the Senate, step down.But replacing him with a unflagging ally of the former president could rankle Mr. McConnell, who has become a fairly sharp, if cautious, critic of Mr. Trump after the former president’s attempts to overturn the 2020 election and after the Jan. 6, 2021, attack on the U.S. Capitol.One name to watch could be Daniel Cameron, the state’s attorney general, who is challenging Mr. Beshear in the governor’s race and has been considered at times an heir apparent to Mr. McConnell.Should he lose his bid for governor — which drew an early endorsement from Mr. Trump — talk of succession could be inevitable despite his connection to the former president.Ryan Quarles, the well-liked agricultural commissioner, might also be a contender. He lost this year’s primary to Mr. Cameron in the governor’s race.Kelly Craft, a former U.N. ambassador under Mr. Trump, who finished third in that primary, has the political connections to seemingly be part of the conversation. She is married to a coal-industry billionaire, who spent millions on advertising for her primary campaign.And then there is Representative Andy Barr, who has drawn comparisons to Mr. McConnell and who described Mr. Trump’s conduct as “regrettable and irresponsible,” but voted against impeachment after the riot at the Capitol.What have McConnell and his aides said about his health?Both times that Mr. McConnell froze up in front of the cameras, his aides have said that he felt lightheaded.But his office has shared few details about what caused the episodes or about his overall health. He missed several weeks from the Senate this year while recovering from the concussion in March, which required his hospitalization.Mr. McConnell, who had polio as a child, has repeatedly played down concerns about his health and at-times frail appearance.“I’m not going anywhere,” he told reporters earlier this year.How is Congress dealing with other lawmakers’ health issues?For the current Congress, the average age in the Senate is 64 years, the second oldest in history, according to the Congressional Research Service.Senator Dianne Feinstein, a Democrat from California who is the chamber’s oldest member at 90, has faced health problems this year that have prompted growing calls for her to step down.In February, she was hospitalized with a severe case of shingles, causing encephalitis and other complications that were not publicly disclosed. She did not return to the Senate until May, when she appeared frailer than ever and disoriented.This month, she was hospitalized after a fall in her San Francisco home.Longtime senators are not the only ones in the chamber grappling with health concerns.John Fetterman, a Democrat who was Pennsylvania’s lieutenant governor, suffered a near-fatal stroke last May and went on to win one of the most competitive Senate seats in November’s midterm elections.Nick Corasaniti More

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    Trump, Waiving Arraignment, Pleads Not Guilty in Georgia Case

    The 19 defendants in the election interference case are sparring with prosecutors over when a trial might start, and whether it will be in state or federal court.Former President Donald J. Trump pleaded not guilty on Thursday and waived his arraignment in the Georgia criminal case charging him and 18 of his allies with interfering in the 2020 election.His plea came as Gov. Brian Kemp of Georgia, a fellow Republican, dismissed demands from the former president and some of his supporters to start impeachment proceedings against Fani T. Willis, the prosecutor who brought the case.Without Mr. Kemp’s help, it is all the more unlikely that Mr. Trump will be able to derail the prosecution.“In Georgia, we will not be engaging in political theater that only inflames the emotions of the moment,” Mr. Kemp said in a news conference at the State Capitol, where he also discussed the response to Hurricane Idalia. “We will do what is right, we will uphold our oath as public servants, and it’s my belief that our state will be better off for it.”It remains unclear where or when Mr. Trump will be put on trial in the case, one of four that he has been charged in this year. A number of the 19 defendants are sparring with Ms. Willis, the Fulton County district attorney, over when a trial might start and whether it will be in state or federal court, leaving two judges in courtrooms only a few blocks apart in downtown Atlanta to wrangle with defense lawyers pulling in different directions.“I do hereby waive formal arraignment and enter my plea of not guilty,” Mr. Trump stated in a two-page filing on Thursday morning.He wrote that he had discussed the charges with his lawyer, Steven H. Sadow, adding: “I fully understand the nature of the offenses charged,” and that he waived his right to appear at arraignment, which had been scheduled to take place in Atlanta next Wednesday along with those of Mr. Trump’s co-defendants.Mr. Trump surrendered at the Fulton County jail in Atlanta last week and was booked on 13 felony charges for his efforts to reverse his 2020 election loss in Georgia. On social media, he has assailed and spread falsehoods about Ms. Willis, a Democrat, calling her “crooked, incompetent & highly partisan.” He has also praised State Senator Colton Moore, the most outspoken advocate for impeaching Ms. Willis. But calling a special legislative session to begin the impeachment process lacks enough support among lawmakers to move forward.Mr. Kemp has the power to unilaterally call a special session; his refusal to do so for an impeachment of Ms. Willis echoes his refusal to call a special session after the 2020 election, when Mr. Trump pressured him to make such a move to help overturn his election loss.State legislators may also call a special session. But although Republicans are in the majority of both houses of the Georgia General Assembly, doing so would require the support of three-fifths of the legislature, a threshold that could only be met with votes from some Democrats.Republican lawmakers in the state have wrestled since Mr. Trump’s indictment over whether anything can or should be done to impede Ms. Willis and her criminal case.This week, House Speaker Jon Burns said it would be “reckless” to take steps to defund Ms. Willis’s office, another move that some Republicans are considering, because it could hinder efforts to fight violent crime in Atlanta.But Mr. Moore, a first-year senator from ultraconservative northwest Georgia, has spoken in threatening terms.“I don’t want a civil war,” he said in a recent televised interview. “I don’t want to have to draw my rifle. I want to make this problem go away with my legislative means of doing so.”Mr. Kemp’s relationship with Mr. Trump fractured after the governor stood by the state’s election results in 2020, which gave Joseph R. Biden a narrow victory there.On Wednesday, he warned fellow Republicans that they could suffer politically if they focused on what he called the “distractions” posed by Ms. Willis’s case and Mr. Trump’s 2020 election loss. They should be pursuing tax cuts and teacher raises, he said, “not focusing on the past, or some grifter scam that somebody’s doing to help them raise a few dollars into their campaign account.”Mr. Trump has also been indicted this year in a criminal case in Manhattan, on state charges in a case stemming from hush money paid to a pornographic film actress. And he has been indicted in a pair of federal cases — one in Washington, related to his efforts to overturn the 2020 election result nationally, and one in Florida over his handling of sensitive government documents after he left office.Should he be elected president again, he may theoretically be able to pardon himself of any federal convictions. But Mr. Trump would not be able to do so for a state conviction, even if the case was moved to federal court, as some defendants are seeking to do.Complicating the Georgia case, Mr. Trump and his co-defendants have differing legal strategies. Several of the defendants, including Mark Meadows, the former White House chief of staff, have filed to move the case to federal court. Late Thursday afternoon, prosecutors and lawyers for Mr. Meadows filed a new round of briefs in their battle over the removal question.Other defendants, including Kenneth Chesebro and Sidney Powell, have moved for speedy trials in state court, as they are allowed under Georgia law. Mr. Chesebro’s trial has already been scheduled to start on Oct. 23. Ms. Willis’s office is seeking to keep all of the defendants together in a single trial starting then, but Fulton Superior Court Judge Scott McAfee has initially indicated that only Mr. Chesebro will be tried at that time.Mr. Sadow filed a motion on Thursday seeking to sever Mr. Trump’s case from Mr. Chesebro’s and those of any other defendants who invoke their right to a speedy trial. He wrote in his filing that “requiring less than two months preparation time to defend a 98-page indictment, charging 19 defendants, with 41 various charges” would “violate President Trump’s federal and state constitutional rights to a fair trial and due process of law.” More

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    Trump’s Indictments: Key Players in the 2020 Election Effort

    It can be unsettling to see just how many people got involved in Donald Trump’s efforts to overturn the results of the 2020 race. The mania spread far and wide to encompass administration officials, party apparatchiks and random MAGA foot soldiers. We’ve broken them down into six main groups. At the dark heart of the […] More

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    Mark Meadows Is a Warning About a Second Trump Term

    On Monday, Mark Meadows, a former White House chief of staff, testified in an effort to move the Georgia racketeering case against his former boss Donald Trump and co-defendants to federal court. On the stand, he said that he believed his actions regarding the 2020 election fell within the scope of his job as a federal official.The courts will sort out his legal fate in this and other matters. If convicted and sentenced to prison, Mr. Meadows would be the second White House chief of staff, after Richard Nixon’s infamous H.R. Haldeman, to serve jail time.But as a cautionary tale for American democracy and the conduct of its executive branch, Mr. Meadows is in a league of his own. By the standards of previous chiefs of staff, he was a uniquely dangerous failure — and he embodies a warning about the perils of a potential second Trump term.Historically, a White House chief of staff is many things: the president’s gatekeeper, confidant, honest broker of information, “javelin catcher” and the person who oversees the execution of his agenda.But the chief’s most important duty is to tell the president hard truths.President Dwight Eisenhower’s Sherman Adams, a gruff, no-nonsense gatekeeper, was so famous for giving unvarnished advice that he was known as the “Abominable No Man.” In sharp contrast, when it came to Mr. Trump’s myriad schemes, Mr. Meadows was the Abominable Yes Man.It was Mr. Meadows’s critical failure to tell the president what he didn’t want to hear that helped lead to the country’s greatest political scandal, and his own precipitous fall.Donald Rumsfeld, who served as a chief of staff to Gerald Ford, understood the importance of talking to the boss “with the bark off.” The White House chief of staff “is the one person besides his wife,” he explained, “who can look him right in the eye and say, ‘this is not right. You simply can’t go down that road. Believe me, it’s not going to work.’” A good chief is on guard for even the appearance of impropriety. Mr. Rumsfeld once forbade President Ford to attend a birthday party for the Democratic majority leader Tip O’Neill because it was being hosted by a foreign lobbyist with a checkered reputation.There used to be stiff competition for the title of history’s worst White House chief of staff. Mr. Eisenhower’s chief Adams was driven from the job by a scandal involving a vicuna coat; Mr. Nixon’s Haldeman served 18 months in prison for perjury, conspiracy and obstruction of justice in the Watergate scandal; and George H.W. Bush’s John Sununu resigned under fire after using government transportation on personal trips.But the crimes Mr. Meadows is accused of are orders of magnitude greater than those of his predecessors. Even Mr. Haldeman’s transgressions pale in comparison. Mr. Nixon’s chief covered up a botched attempt to bug the headquarters of the political opposition. Mr. Meadows is charged with racketeering — for his participation in a shakedown of a state official for nonexistent votes — and soliciting a violation of an oath by a public officer.Mr. Meadows didn’t just act as a doormat to President Trump; he seemed to let everyone have his or her way. Even as he tried to help Mr. Trump remain in office, Mr. Meadows agreed to give a deputy chief of staff, Chris Liddell, the go-ahead to carry out a stealth transition of power to Joe Biden. This made no sense, but it was just the way Mr. Meadows rolled. Mr. Trump’s chief is a world-class glad-hander and charmer.As part of the efforts to subvert the 2020 election, Mr. Meadows paraded a cast of incompetent bootlickers into the Oval Office. This culminated in a wild meeting on the night of Dec. 18, 2020 — when Mr. Trump apparently considered ordering the U.S. military to seize state voting machines before backing down. (Even his servile sidekick Rudy Giuliani objected.) A few days later, Mr. Meadows traveled to Cobb County, Ga., where he tried to talk his way into an election audit meeting he had no right to attend, only to be barred at the door.All the while, the indictment shows that Mr. Meadows was sharing lighthearted remarks about claims of widespread voter fraud. In an exchange of texts, Mr. Meadows told the White House lawyer Eric Herschmann that his son had been unable to find more than “12 obituaries and 6 other possibles” (dead Biden voters). Referring to Mr. Giuliani, Mr. Herschmann replied sarcastically: “That sounds more like it. Maybe he can help Rudy find the other 10k?” Mr. Meadows responded: “LOL.”Mr. Meadows’s testimony this week that his actions were just part of his duties as White House chief of staff is a total misrepresentation of the position. In fact, an empowered chief can reel in a president when he’s headed toward the cliff — even a powerful, charismatic president like Ronald Reagan. One day in 1983, James A. Baker III, Mr. Reagan’s quintessential chief, got word that the president, enraged by a damaging leak, had ordered everyone who’d attended a national security meeting to undergo a lie-detector test. Mr. Baker barged into the Oval Office. “Mr. President,” he said, “this would be a terrible thing in my view for your administration. You can’t strap up to a polygraph the vice president of the United States. He was elected. He’s a constitutional officer.” Mr. Reagan’s secretary of state, George Shultz, who was dining with the president, chimed in, saying he’d take a polygraph but would then resign. Mr. Reagan rescinded the order that same day.Why did Mr. Meadows squander his career, his reputation and possibly his liberty by casting his lot with Mr. Trump? He once seemed an unlikely casualty of Mr. Trump’s wrecking ball — he was a savvy politician who knew his way around the corridors of power. In fairness to Mr. Meadows, three of his predecessors also failed as Mr. Trump’s chief. “Anyone who goes into the orbit of the former president is virtually doomed,” said Jack Watson, Jimmy Carter’s former chief of staff. “Because saying no to Trump is like spitting into a raging headwind. It was not just Mission Impossible; it was Mission Self-Destruction. I don’t know why he chose to do it.”In their motion to remove the Fulton County case to federal court, the lawyers for Mr. Meadows addressed Mr. Trump’s now infamous Jan. 2, 2021, call with Georgia’s secretary of state, Brad Raffensperger — during which Mr. Meadows rode shotgun as the president cut to the chase: “All I want to do is this. I just want to find 11,780 votes ….” Addressing Mr. Meadows’s role, his lawyers wrote: “One would expect a Chief of Staff to the President of the United States to do these sorts of things.”Actually, any competent White House chief of staff would have thrown his body in front of that call. Any chief worth his salt would have said: “Mr. President, we’re not going to do that. And if you insist, you’re going to make that call yourself. And when you’re through, you’ll find my resignation letter on your desk.”Mr. Meadows failed as Mr. Trump’s chief because he was unable to check the president’s worst impulses. But the bigger problem for our country is that his failure is a template for the inevitable disasters in a potential second Trump administration.Mr. Trump’s final days as president could be a preview. He ran the White House his way — right off the rails. He fired his defense secretary, Mark Esper, replacing him with his counterterrorism chief, Chris Miller, and tried but failed to install lackeys in other positions of power: an environmental lawyer, Jeffrey Clark, as attorney general and a partisan apparatchik, Kash Patel, as deputy C.I.A. director.Mr. Trump has already signaled that in a second term, his department heads and cabinet officers would be expected to blindly obey orders. His director of national intelligence would tell him only what he wants to hear, and his attorney general would prosecute Mr. Trump’s political foes.For Mr. Meadows, his place in history is secure as a primary enabler of a president who tried to overthrow democracy. But his example should serve as a warning of what will happen if Mr. Trump regains the White House. All guardrails will be gone.Chris Whipple is the author of “The Gatekeepers: How the White House Chiefs of Staff Define Every Presidency” and, most recently, “The Fight of His Life: Inside Joe Biden’s White House.”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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    N.H. GOP Fights 14th Amendment Bid to Bar Trump From Ballot

    In New Hampshire, Republicans are feuding over whether the 14th Amendment bars Donald J. Trump from running for president. Other states are watching closely.New Hampshire’s first-in-the-nation primary is quickly becoming the leading edge for an unproven legal theory that Donald J. Trump is disqualified from appearing on the ballot under the 14th Amendment of the U.S. Constitution.A long-shot presidential candidate has filed a lawsuit in state court seeking an injunction to keep Mr. Trump off the ballot. And a former Republican candidate for Senate is urging the secretary of state to bring a case that could put the issue before the U.S. Supreme Court.On Wednesday, Free Speech for the People, a liberal-leaning group that unsuccessfully tried to strike House Republicans from the ballot in 2022, sent a letter to the secretaries of state in New Hampshire, as well as Florida, New Mexico, Ohio and Wisconsin, urging them to bar Mr. Trump from the ballot under the 14th Amendment.These efforts employ a theory that has been gaining traction among liberals and anti-Trump conservatives: that Mr. Trump’s actions on Jan. 6, 2021, disqualify him under Section 3 of the 14th Amendment, which bars people from holding office if they took an oath to support the Constitution and later “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”The theory has been gaining momentum since two prominent conservative law professors published an article this month concluding that Mr. Trump is constitutionally disqualified from running for office.But even advocates of the disqualification theory say it is a legal long shot. If a secretary of state strikes Mr. Trump’s name or a voter lawsuit advances, Mr. Trump’s campaign is sure to appeal, possibly all the way to the Supreme Court, where the 6-3 conservative majority includes three justices nominated by Mr. Trump.“When it gets to the Supreme Court, as it surely will, this will test the dedication of the justices to principles of law, more than almost anything has for a very long time,” said Laurence H. Tribe, a constitutional law professor at Harvard who believes the insurrection disqualification clearly applies to Mr. Trump, “because they will obviously realize that telling the leading candidate of one major political party, ‘no, no way, you’re not eligible’ is no small matter.”However long the odds of success, discussion of the amendment is bubbling up across the country. In Arizona, the secretary of state said he had heard from “concerned citizens” about the issue, and the Michigan secretary of state said she was “taking it seriously.” In Georgia, officials are looking at precedent set by a failed attempt to use the 14th Amendment to disqualify Representative Marjorie Taylor Greene from the ballot in the 2022 midterms.But New Hampshire has jumped out as the early hotbed of the fight.The New Hampshire Republican Party said this week that it would challenge any effort to remove Mr. Trump, or any other candidates who have met requirements, from the ballot.“There’s no question that we will fight, and we’ll use all of the tools available to us to fight anyone’s access being denied on the ballot,” said Chris Ager, a Republican state committeeman in New Hampshire. “And if there’s a lawsuit, we are likely to intervene on behalf of the candidate to make sure that they have access. So we take it very seriously that the people of New Hampshire should decide who the nominee is, not a judge, not a justice system.”Chris Ager, a Republican state committeeman in New Hampshire, shaking Mr. Trump’s hand at the state party meeting in January.Doug Mills/The New York TimesLate last week, Bryant Messner, a former Trump-endorsed candidate for U.S. Senate, who goes by Corky, met with New Hampshire’s secretary of state, David M. Scanlan, to urge him to seek legal guidance on the issue. After Politico first reported the meeting, Mr. Scanlan and John M. Formella, the state’s attorney general, issued a joint statement saying that “the attorney general’s office is now carefully reviewing the legal issues involved.”Other secretaries of state have also been seeking legal guidance.“We’re taking a very cautious approach to the issue,” Arizona’s secretary of state, Adrian Fontes, said in an interview. “We’re going to be consulting with lawyers in our office and other folks who will eventually have to deal with this in the courts as well. We don’t anticipate that any decision that I or any other election administrator might make will be the final decision. This will get ultimately decided by the courts.”Adrian Fontes, Arizona’s secretary of state, said his office had already heard from “concerned citizens” regarding Mr. Trump’s eligibility under the 14th Amendment.Rebecca Noble for The New York TimesThough the argument is particularly appealing to liberals who view Mr. Trump as a grave threat, most of the recent momentum on this topic has come from conservative circles.Mr. Messner, a self-described “constitutional conservative,” said he was seeking to create case law around the issue. He said he had not yet filed a legal challenge because he first wanted the secretary of state to open up the candidate filing period and decide whether he would accept Mr. Trump’s filing. He argued that the lawsuit filed on Sunday by a Republican candidate, John Anthony Castro, was unlikely to advance because the filing period has not yet opened.“Section 3 has not been interpreted,” Mr. Messner said in an interview. “So, my position is let’s find a way for this to get into the court system as soon as possible. And then hopefully we can expedite through the legal system, to get it to the Supreme Court as soon as possible.”The precedent is by no means settled. A case filed against then-Representative Madison Cawthorn, Republican of North Carolina, ended with Judge Richard E. Myers II of U.S. District Court, an appointee of Mr. Trump, siding with Mr. Cawthorn. The judge ruled that the final clause of Section 3 allowed for a vote in Congress to “remove” the disqualification and that the passage of the Amnesty Act of 1872 effectively nullified the ban on insurrectionists.But on appeal, the U.S. Court of Appeals for the Fourth Circuit overruled that argument, saying the Amnesty Act clearly applied only to confederates, not future insurrectionists. The case was declared moot after Mr. Cawthorn lost his re-election in the 2022 primaries.Other cases may also come into play. An administrative law judge in Georgia ruled that plaintiffs failed to prove that Ms. Greene, Republican of Georgia, was in fact an insurrectionist. And cases against Representatives Paul Gosar and Andy Biggs, Republicans of Arizona, were similarly dropped.Advocates of the disqualification clause fear that judges and secretaries of state could decide that any case against Mr. Trump will have to wait until a jury, either in Fulton County, Ga., or Washington, D.C., renders judgment in the two criminal cases charging that Mr. Trump had tried to overturn the 2020 election.Secretary of State Brad Raffensperger of Georgia indicated that previous cases involving Ms. Greene would continue to guide his office, and that “as secretary of state of Georgia, I have been clear that I believe voters are smart and deserve the right to decide elections.”“In Georgia, there is a specific statutory process to follow when a candidate’s qualifications for office are challenged,” Mr. Raffensperger said in a statement. “The secretary of state’s office has and will continue to follow the appropriate procedures in state law for any candidate challenges.”There has been one settled case since Jan. 6 that invoked the 14th Amendment. In September, a judge in New Mexico ordered a county commissioner convicted of participating in the Jan. 6 riot removed from office under the 14th Amendment. He was the first public official in more than a century to be barred from serving under a constitutional ban on insurrectionists holding office. More

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    Ramaswamy Relies on Denialism When Challenged on Flip-Flopping Positions

    In clashes with the news media and his rivals, the Republican upstart has retreated from past comments and lied about on-the-record statements.In his breakout performance in the Republican primary race, Vivek Ramaswamy has harnessed his populist bravado while frequently and unapologetically contorting the truth for political gain, much in the same way that former President Donald J. Trump has mastered.Mr. Ramaswamy’s pattern of falsehoods has been the subject of intensifying scrutiny by the news media and, more recently, his G.O.P. opponents, who clashed with him often during the party’s first debate last Wednesday.There are layers to Mr. Ramaswamy’s distortions: He has spread lies and exaggerations on subjects including the 2020 election results, the Jan. 6 attacks on the Capitol and climate change. When challenged on those statements, Mr. Ramaswamy, a biotech entrepreneur who is the first millennial Republican to run for president, has in several instances claimed that he had never made them or that he had been taken out of context.But his denials have repeatedly been refuted by recordings and transcripts from Mr. Ramaswamy’s interviews — or, in some cases, excerpts from his own book.Here are some notable occasions when he sought to retreat from his past statements or mischaracterized basic facts:A misleading anecdoteAt a breakfast round table event organized by his campaign on Friday in Indianola, Iowa, Mr. Ramaswamy recounted how he had visited the South Side of Chicago in May to promote his immigration proposals to a mostly Black audience.He boasted that nowhere had his ideas on the issue been more enthusiastically received than in the nation’s third most populous city, where his appearance had followed community protests over the housing of migrants in a local high school.“I have never been in a room more in favor of my proposal to use the U.S. military to secure the southern border and seal the Swiss cheese down there than when I was in a nearly all-Black room of supposedly mostly Democrats on the South Side of Chicago,” he said.But Mr. Ramaswamy’s retelling of the anecdote was sharply contradicted by the observations of a New York Times reporter who covered both events.The reporter witnessed the audience in Chicago pepper Mr. Ramaswamy about reparations, systemic racism and his opposition to affirmative action. Immigration was barely mentioned during the formal program. It was so absent that a Ramaswamy campaign aide at one point pleaded for questions on the issue. With that prompting, a single Republican consultant stood up to question Mr. Ramaswamy on his proposals.Trump criticismAt the first Republican debate, former Gov. Chris Christie of New Jersey accused Mr. Ramaswamy of changing positions on Donald Trump.Kenny Holston/The New York TimesIn one of the more heated exchanges of last week’s G.O.P. debate, former Gov. Chris Christie of New Jersey criticized Mr. Ramaswamy for lionizing Mr. Trump and defending his actions during the Jan. 6 attack.He sought to cast Mr. Ramaswamy as an opportunist who was trying to pander to Mr. Trump’s supporters by attributing the riot to government censorship during the 2020 election.“In your book, you had much different things to say about Donald Trump than you’re saying here tonight,” Mr. Christie said.Mr. Ramaswamy bristled and said, “That’s not true.”But in his 2022 book “Nation of Victims: Identity Politics, the Death of Merit, and the Path Back to Excellence,” Mr. Ramaswamy had harsh words for Mr. Trump and gave a more somber assessment of the violence.“It was a dark day for democracy,” Mr. Ramaswamy wrote. “The loser of the last election refused to concede the race, claimed the election was stolen, raised hundreds of millions of dollars from loyal supporters, and is considering running for executive office again. I’m referring, of course, to Donald Trump.”When asked by The Times about the excerpt, Mr. Ramaswamy insisted that his rhetoric had not evolved and pointed out that he had co-written an opinion column in The Wall Street Journal five days after the Jan. 6 attack that was critical of the actions of social media companies during the 2020 election.“Also what I said at the time was that I really thought what Trump did was regrettable,” he said. “I would have handled it very differently if I was in his shoes. I will remind you that I am running for U.S. president in the same race that Donald Trump is running right now.”Mr. Ramaswamy parsed his criticism of the former president, however.“But a bad judgment is not the same thing as a crime,” he said.During the debate, Mr. Ramaswamy also sparred with former Vice President Mike Pence, whose senior aide and onetime chief of staff Marc Short told NBC News the next day that Mr. Ramaswamy was not a genuine populist.“There’s populism and then there’s just simply fraud,” he said.By blunting his message about the former president’s accountability and casting himself as an outsider, Mr. Ramaswamy appears to be making a play for Mr. Trump’s base — and the G.O.P. front-runner has taken notice.In a conversation on Tuesday with the conservative radio host Glenn Beck, Mr. Trump said that he was open to selecting Mr. Ramaswamy as his running mate, but he had some advice for him.“He’s starting to get out there a little bit,” Mr. Trump said. “He’s getting a little bit controversial. I got to tell him: ‘Be a little bit careful. Some things you have to hold in just a little bit, right?’”Conspiracy theories about Sept. 11Since entering the race, Mr. Ramaswamy has repeatedly floated conspiracy theories about a cover-up by the federal government in connection with the Sept. 11, 2001, terrorist attacks, a narrative seemingly tailored to members of the G.O.P.’s right wing who are deeply distrustful of institutions.In a recent profile by The Atlantic, he told the magazine, “I think it is legitimate to say how many police, how many federal agents, were on the planes that hit the twin towers.”While he acknowledged that he had “no reason” to believe that the number was “anything other than zero,” Mr. Ramaswamy suggested that the government had not been transparent about the attacks.“But if we’re doing a comprehensive assessment of what happened on 9/11, we have a 9/11 commission, absolutely that should be an answer the public knows the answer to,” he said.Yet when Mr. Ramaswamy was asked to clarify those remarks by Kaitlan Collins of CNN two nights before last week’s debate, he backtracked and accused The Atlantic of misquoting him.“I’m telling you the quote is wrong, actually,” he said.Soon after Mr. Ramaswamy claimed that his words had been twisted, The Atlantic released a recording and transcript from the interview that confirmed that he had indeed been quoted accurately.When asked in an interview on Saturday whether the audio had undercut his argument, Mr. Ramaswamy reiterated his contention that the news media had often misrepresented him.“I think there’s a reason why,” he said, suggesting that his free-flowing way of speaking broke the mold of so-called scripted candidates. “I just don’t speak like a traditional politician, and I think the system is not used to that. The political media is not used to that. And that lends itself naturally then to being inaccurately portrayed, to being distorted.”Mr. Trump’s allies have used similar justifications when discussing the former president’s falsehoods, citing his stream-of-consciousness speaking style. His allies and supporters have admired his impulse to refuse to apologize or back down when called out, an approach Mr. Ramaswamy has echoed.Mr. Ramaswamy said that he was asked about Sept. 11 while discussing the Jan. 6, 2021, attack on the U.S. Capitol and his repeated calls for an accounting of how many federal agents were in the field that day. His campaign described The Atlantic’s recording as a “snippet.”At the start of The Times’s conversation with Mr. Ramaswamy, he said that he assumed that the interview was being recorded and noted that his campaign was recording, too.“We’re now doing mutually on the record, so just F.Y.I.,” he said.Pardoning Hunter BidenIn one of many clashes with the news media, Mr. Ramaswamy accused The New York Post of misquoting him in an article about Hunter Biden.Kenny Holston/The New York TimesNo news outlet has been off-limits to Mr. Ramaswamy’s claims of being misquoted: This month, he denounced a New York Post headline that read: “GOP 2024 candidate Vivek Ramaswamy ‘open’ to pardon of Hunter Biden.”The Aug. 12 article cited an interview that The Post had conducted with him.“After we have shut down the F.B.I., after we have refurbished the Department of Justice, after we have systemically pardoned anyone who was a victim of a political motivated persecution — from Donald Trump and peaceful January 6 protests — then would I would be open to evaluating pardons for members of the Biden family in the interest of moving the nation forward,” Mr. Ramaswamy was quoted as saying.The next morning on Fox News Channel, which, like The Post, is owned by News Corp, Mr. Ramaswamy told the anchor Maria Bartiromo that the report was erroneous.“Maria, that was misquoted and purposeful opposition research with the headline,” he said. “You know how this game is played.”The Post did not respond to a request for comment.In an interview with The Times, Mr. Ramaswamy described the headline as “manufactured” and said it was part of “the ridiculous farce of this gotcha game.”Aid to IsraelMr. Ramaswamy clashed with Fox News host Sean Hannity Monday night when confronted with comments he has made about aid to Israel. Mr. Ramaswamy accused Mr. Hannity of misrepresenting his views.“You said aid to Israel, our No. 1 ally, only democracy in the region, should end in 2028,” Mr. Hannity said in the interview. “And that they should be integrated with their neighbors.”“That’s false,” Mr. Ramaswamy responded.“I have an exact quote, do you want me to read it?” Mr. Hannity asked.Mr. Ramaswamy’s rhetoric about support for Israel has shifted.During a campaign event in New Hampshire earlier this month, Mr. Ramaswamy called the deal to provide Israel with $38 billion over 10 years “sacrosanct.” But a few weeks later in an interview with The Free Beacon, a conservative website, he said that he hoped that Israel would “not require and be dependent on that same level of historical aid or commitment from the U.S.” by 2028, when the deal expires.Wearing masksIn the first few months of the coronavirus pandemic, the Masks for All Act, a bill proposed by Senator Bernie Sanders of Vermont that aimed to provide every person in the United States with three free N95 masks, appeared to receive an unlikely endorsement on Twitter — from Mr. Ramaswamy.“My policy views don’t often align with Bernie, but this strikes me as a sensible idea,” he wrote in July 2020. “The cost is a tiny fraction of other less compelling federal expenditures on COVID-19.”Mr. Ramaswamy was responding to an opinion column written for CNN by Mr. Sanders, who is a democratic socialist, and Andy Slavitt, who was later a top pandemic adviser to Mr. Biden. He said they should have picked someone from the political right as a co-author to show that there was a consensus on masks.But when he was pressed this summer by Josie Glabach of the Red Headed Libertarian podcast about whether he had ever supported Mr. Sanders’s mask measure, he answered no.When asked by The Times for further clarification, Mr. Ramaswamy acknowledged that he was an early supporter of wearing masks, but said that he no longer believed that they prevented the spread of the virus. He accused his political opponents of conflating his initial stance with support for mask mandates, which he said he had consistently opposed.An analogy to Rosa Parks?Mr. Ramaswamy appeared to compare Edward J. Snowden to Rosa Parks before immediately distancing himself from the comment.Kayana Szymczak for The New York TimesWhen he was asked by the conservative commentator Hugh Hewitt on his show in June whether he would pardon the former U.S. intelligence contractor Edward J. Snowden for leaking documents about the United States government’s surveillance programs, Mr. Ramaswamy said yes and invoked an unexpected name: the civil rights icon Rosa Parks.He said that Mr. Snowden, a fugitive, had demonstrated heroism to hold the government accountable.“Part of what makes that risk admirable — Rosa Parks long ago — is the willingness to bear punishment he already has,” he said. “That’s also why I would ensure that he was a free man.”To Mr. Hewitt, the analogy was jarring.“Wait, wait, wait, did you just compare Rosa Parks to Edward Snowden?” he said.Mr. Ramaswamy immediately distanced himself from such a comparison, while then reinforcing it, suggesting that they had both effectuated progress of a different kind.“No, I did not,” he said. “But I did compare the aspect of their willingness to take a risk in order for at the time breaking a rule that at the time was punishable.” More

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    Giuliani Is Liable for Defaming Georgia Election Workers, Judge Says

    The ruling means that a defamation case against Rudolph W. Giuliani, stemming from his role in seeking to overturn the 2020 election, can proceed to a trial where damages will be considered.A federal judge ruled on Wednesday that Rudolph W. Giuliani was liable for defaming two Georgia election workers by repeatedly declaring that they had mishandled ballots while counting votes in Atlanta during the 2020 election.The ruling by the judge, Beryl A. Howell in Federal District Court in Washington, means that the defamation case against Mr. Giuliani, a central figure in former President Donald J. Trump’s efforts to remain in power after his election loss, can proceed to trial on the narrow question of how much, if any, damages he will have to pay the plaintiffs in the case.Judge Howell’s decision came a little more than a month after Mr. Giuliani conceded in two stipulations in the case that he had made false statements when he accused the election workers, Ruby Freeman and Shaye Moss, of manipulating ballots while working at the State Farm Arena for the Fulton County Board of Elections.Mr. Giuliani’s legal team has sought to clarify that he was not admitting to wrongdoing, and that his stipulations were solely meant to short circuit the costly process of producing documents and other records to Ms. Freeman and Ms. Moss so that he could move toward dismissing the allegations outright.Although the stipulations essentially conceded that his statements about Ms. Freeman and Ms. Moss were false, Mr. Giuliani has continued to argue that his attacks on them were protected by the First Amendment.But Judge Howell, complaining that Mr. Giuliani’s stipulations “hold more holes than Swiss cheese,” took the proactive step of declaring him liable for “defamation, intentional infliction of emotional distress, civil conspiracy and punitive damage claims.”In a statement, Mr. Giuliani’s political adviser, Ted Goodman, slammed the opinion as “a prime example of the weaponization of our justice system, where the process is the punishment.” He added that “this decision should be reversed, as Mayor Giuliani is wrongly accused of not preserving electronic evidence.”Judge Howell’s decision to effectively skip the fact-finding stage of the defamation case and move straight to an assessment of damages came after a protracted struggle by Ms. Freeman and Ms. Moss to force Mr. Giuliani to turn over evidence they believed they deserved as part of the discovery process.In her ruling, Judge Howell accused Mr. Giuliani of paying only “lip service” to his discovery obligations “by failing to take reasonable steps to preserve or produce” reams of relevant information. His repeated excuses and attempts to paint himself as the victim in the case, the judge went on, “thwarted” the two women’s “procedural rights to obtain any meaningful discovery.”“Donning a cloak of victimization may play well on a public stage to certain audiences, but in a court of law this performance has served only to subvert the normal process of discovery in a straightforward defamation case,” Judge Howell wrote.The remedy for all of this, she added, was that Mr. Giuliani would have to pay nearly $90,000 in legal fees Ms. Freeman and Ms. Moss had incurred and would suffer a default judgment on the central issue of whether he had defamed the women.The lawsuit filed by Ms. Freeman and Ms. Moss in December 2021 was among the first to be brought by individual election workers who found themselves targets of criticism and conspiracy theories promoted by right-wing politicians and media figures who claimed that Mr. Trump had won the election. The two women sued other defendants, including the One America News Network and some of its top officials, but ultimately reached settlements with everyone except Mr. Giuliani.The campaign of harassment against Ms. Freeman and Ms. Moss came after Mr. Giuliani and others wrongly accused them of pulling thousands of fraudulent ballots from a suitcase in their vote-counting station and illegally feeding them through voting machines. The story of that campaign was featured prominently in a racketeering indictment against Mr. Trump, Mr. Giuliani and 17 others that was filed this month by the district attorney in Fulton County, Ga.The indictment accused Mr. Giuliani of falsely telling state officials in Georgia that Ms. Freeman had committed election crimes in an effort to persuade them to “unlawfully change the outcome” of the race on Mr. Trump’s behalf. Other members of the criminal enterprise, the indictment said, “traveled from out of state to harass Ms. Freeman, intimidate her and solicit her to falsely confess to election crimes that she did not commit.”Last year, Ms. Freeman and Ms. Moss — who are mother and daughter — appeared as witnesses at a public hearing of the House select committee investigating Jan. 6 and related what happened after Mr. Giuliani amplified the false claims about them.Although Fulton County and Georgia officials immediately debunked the accusations, Mr. Giuliani kept promoting them, ultimately comparing the women — who are Black — to drug dealers and calling during a hearing with Georgia state legislators for their homes to be searched.Mr. Trump invoked Ms. Freeman’s name 18 times during a phone call with Brad Raffensperger, the Georgia secretary of state, on Jan. 2, 2021. In the call, Mr. Trump asked Mr. Raffensperger to help him “find” 11,800 votes — enough to swing the results in Georgia from the winner, Joseph R. Biden Jr.“I’ve lost my name, and I’ve lost my reputation,” Ms. Freeman testified to the House panel, adding as her voice rose with emotion, “Do you know how it feels to have the president of the United States target you?”Mr. Giuliani has blamed his failure to produce documents to Ms. Freeman and Ms. Moss on his own financial woes. Facing an array of civil and criminal cases, Mr. Giuliani has racked up about $3 million in legal expenses, a person familiar with the matter has said.He has sought a lifeline from Mr. Trump, but the former president has largely rebuffed requests to cover Mr. Giuliani’s legal bills. Mr. Trump’s political action committee did pay $340,000 that Mr. Giuliani owed to a company that was helping him produce records in various cases, but he had still sought to avoid turning over documents to Ms. Freeman and Ms. Moss, prompting the judge’s ruling on Wednesday.The defamation suit by the women is only one of several legal problems Mr. Giuliani faces.In addition to the Georgia indictment, Mr. Giuliani is facing a defamation suit from Dominion Voting Systems, which has accused him of “a viral disinformation campaign” to spread false claims that the company was part of a complex plot to flip votes away from Mr. Trump during the 2020 election.Last month, a legal ethics committee in Washington said that Mr. Giuliani should be disbarred for his “unparalleled” attempts to help Mr. Trump overturn the election.He was also included as an unnamed co-conspirator in a federal indictment filed against Mr. Trump this month by the special counsel, Jack Smith, accusing the former president of plotting to illegally reverse the results of the election. 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