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    Mike Pence Should Drop His Grand Jury Subpoena Gambit

    Former Vice President Mike Pence recently announced he would challenge Special Counsel Jack Smith’s subpoena for him to appear before a grand jury in Washington as part of the investigation into former President Donald Trump’s efforts to overturn the 2020 presidential election and the related Jan. 6 attack on the U.S. Capitol. Mr. Pence claimed that “the Biden D.O.J. subpoena” was “unconstitutional” and “unprecedented.” He added, “For me, this is a moment where you have to decide where you stand, and I stand on the Constitution of the United States.” Mr. Pence vowed to take his fight all the way to the Supreme Court.A politician should be careful what he wishes for — no more so than when he’s a possible presidential candidate who would have the Supreme Court decide a constitutional case that could undermine his viability in an upcoming campaign.The former vice president should not want the embarrassing spectacle of the Supreme Court compelling him to appear before a grand jury in Washington just when he’s starting his campaign for the presidency; recall the unanimous Supreme Court ruling that ordered Richard Nixon to turn over the fatally damning Oval Office tapes. That has to be an uncomfortable prospect for Mr. Pence, not to mention a potentially damaging one for a man who — at least as of today — is considered by many of us across the political spectrum to be a profile in courage for his refusal to join in the attempt to overturn the 2020 election in the face of Donald Trump’s demands. And to be clear, Mr. Pence’s decision to brand the Department of Justice’s perfectly legitimate subpoena as unconstitutional is a far cry from the constitutionally hallowed ground he stood on Jan. 6.Injecting campaign-style politics into the criminal investigatory process with his rhetorical characterization of Mr. Smith’s subpoena as a “Biden D.O.J. subpoena,” Mr. Pence is trying to score points with voters who want to see President Biden unseated in 2024. Well enough. That’s what politicians do. But Jack Smith’s subpoena was neither politically motivated nor designed to strengthen President Biden’s political hand in 2024. Thus the jarring dissonance between the subpoena and Mr. Pence’s characterization of it. It is Mr. Pence who has chosen to politicize the subpoena, not the D.O.J.As to the merits of his claim, The New York Times and other news media have reported that Mr. Pence plans to argue that when he presided over the joint session of Congress on Jan. 6 as president of the Senate, he was effectively a legislator and therefore entitled to the privileges and protections of the Constitution’s “speech or debate” clause. That clause is intended to protect members of Congress from questioning and testifying about official legislative acts. Should the courts support his claim, Mr. Pence would not be required to comply with Mr. Smith’s subpoena. Mr. Pence may also be under the impression that the legal fight over his claim will confound the courts, consuming months, if not longer, before he receives the verdict — but it’s unclear what he hopes to gain from the delay. One would have thought Mr. Pence would have seized the propitious opportunity afforded him by Mr. Smith, most likely weeks or months before he even decides whether he will run for the presidency.If Mr. Pence’s lawyers or advisers have told him that it will take the federal courts months and months or longer to decide his claim and that he will never have to testify before the grand jury, they are mistaken. We can expect the federal courts to make short shrift of this “Hail Mary” claim, and Mr. Pence doesn’t have a chance in the world of winning his case in any federal court and avoiding testifying before the grand jury.Inasmuch as Mr. Pence’s claim is novel and an unsettled question in constitutional law, it is only novel and unsettled because there has never been a time in our country’s history where it was thought imperative for someone in a vice president’s position, or his lawyer, to conjure the argument. In other words, Mr. Pence’s claim is the proverbial invention of the mother of necessity if ever there was one.Any protections the former vice president is entitled to under the “speech and debate” clause will be few in number and limited in scope. There are relatively few circumstances in which a former vice president would be entitled to constitutional protection for his conversations related to his ceremonial and ministerial roles of presiding over the electoral vote count. What Mr. Smith wants to know about are Mr. Pence’s communications and interactions with Mr. Trump before, and perhaps during, the vote count, which are entirely fair game for a grand jury investigating possible crimes against the United States.Whatever the courts may or may not find the scope of any protection to be, they will unquestionably hold that Mr. Pence is nonetheless required to testify in response to Mr. Smith’s subpoena. Even if a vice president has “speech or debate” clause protections, they will yield to a federal subpoena to appear before the grand jury. This is especially true where, as here, a vice president seeks to protect his conversations with a president who himself is under federal criminal investigation for obstructing the very official proceedings in which the special counsel is interested.Mr. Pence and his inner circle should be under no illusion that the lower federal courts will take their time dispensing with this claim. The courts quickly disposed of Senator Lindsey Graham’s “speech or debate” clause claim, requiring him to testify before the grand jury empaneled in Fulton County, Ga. — and his claim was far stronger than Mr. Pence’s. In the unlikely event that Mr. Pence’s claim were to make it to the Supreme Court, it, too, could be expected to take swift action.Mr. Pence undoubtedly has some of the finest lawyers in the country helping him navigate this treacherous path forward, and they will certainly earn their hefty fees. But in cases like this, the best lawyers earn their pay less when they advise and argue their clients’ cases in public than when they elegantly choreograph the perfect exit in private — before their clients get the day in court they wished for.Mr. Pence’s lawyers would be well advised to have Jack Smith’s phone number on speed dial and call him before he calls them. The special counsel will be waiting, though not nearly as long as Mr. Pence’s lawyers may be thinking. No prosecutor, least of all Mr. Smith, will abide this political gambit for long. And Mr. Pence shouldn’t let this dangerous gambit play out for long. If he does, it will be more than he wished for.It is a time-tested axiom in the law never to ask questions you don’t know the answer to. This should apply to politicians in spades. But the die has been cast by the former vice president. The only question now is not whether he will have to testify before the grand jury, but how soon. The special counsel is in the driver’s seat, and the timing of Mr. Pence’s appearance before the grand jury is largely in his hands. Mr. Smith will bide his time for only so long.J. Michael Luttig, a former judge on the United States Court of Appeals for the Fourth Circuit, provided advice to then-Vice President Mike Pence on the run-up to the Electoral College count on Jan. 6, 2021.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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    Special Counsel Seeks to Force Pence to Testify Before Jan. 6 Grand Jury

    Prosecutors have asked a federal judge to set aside any claims of executive privilege that former Vice President Mike Pence might raise to avoid answering questions.The Justice Department has asked a federal judge to force former Vice President Mike Pence to testify fully in front of a grand jury investigating former President Donald J. Trump’s efforts to overturn the 2020 election, seeking to cut short any attempt by Mr. Trump to use executive privilege to shield Mr. Pence from answering questions, two people familiar with the matter said on Thursday.The request — amounting to a pre-emptive motion to compel Mr. Pence’s testimony — came before the former vice president had even appeared in front of the grand jury, and before any privilege claims had actually been raised in court.The sealed motion, filed in recent days in Federal District Court in Washington, is the latest step in a long-running behind-the-scenes struggle, first by the Justice Department and now by the office of the special counsel, Jack Smith, to cut through the various assertions of privilege that witnesses close to Mr. Trump have repeatedly raised in an effort to avoid answering questions.The privilege disputes have been handled by Judge Beryl A. Howell, the chief federal judge in Washington, who oversees all of the district’s grand jury matters, which as a rule are conducted in secret. Judge Howell is expected to step down from her position next month and be replaced by another chief judge.Also on Thursday, Judge Howell rejected a request by reporters at The New York Times and Politico to unseal her rulings and associated filings about legal fights ancillary to the material presented to the Jan. 6 grand jury itself, such as hidden wrangling over whether Mr. Trump’s former aides could lawfully decline to answer questions based on executive privilege.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.Last week, people close to Mr. Pence previewed his attempt to fight the grand jury subpoena by saying that the former vice president planned to argue that his role as the president of the Senate meant he was protected from legal scrutiny by the executive branch — including the Justice Department — under the Constitution’s “speech or debate” clause. That provision is intended to protect the separation of powers.Such an approach would be a departure from the more traditional argument that a vice president’s interactions with a president would be subject to executive privilege, a power asserted by presidents to shield certain internal executive branch deliberations, especially confidential communications involving the president or among his top aides..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.But the special counsel’s motion to compel Mr. Pence’s testimony — reported earlier by CBS News — did not address his expected arguments about the “speech or debate” clause, the two people familiar with the matter said. Rather, it focused on the issue of executive privilege and advanced the proactive argument that Mr. Pence should not be permitted to avoid answering questions by invoking it on Mr. Trump’s behalf, the people said.A spokesman for Mr. Pence declined to comment. Joshua Stueve, a spokesman for the special counsel’s office, also declined to comment.In the fall, two former aides to Mr. Pence, Marc Short and Greg Jacob, asserted claims of both executive and attorney-client privilege in a bid to limit their own testimony in front of the grand jury investigating Mr. Trump’s role in overturning the election. The Justice Department filed a sealed motion at the time seeking to compel their testimony, and both men ultimately answered questions.Not long after, Pat A. Cipollone and Patrick F. Philbin, the two top lawyers in Mr. Trump’s White House, tried a similar gambit. Again, the Justice Department prevailed, at least in part, and both men were made to answer questions in front of the grand jury.Witnesses close to Mr. Trump have also raised claims of privilege in an effort to avoid answering questions in a separate grand jury investigation: one that is examining Mr. Trump’s handling of sensitive government documents that he took with him after leaving office to Mar-a-Lago, his private club and residence in Palm Beach, Fla.This month, one of Mr. Trump’s lawyers in that case, M. Evan Corcoran, invoked attorney-client privilege after being subpoenaed to answer questions in front of the grand jury. The special counsel’s office responded by filing a motion to Judge Howell, asking her to set aside the privilege claims under what is known as the crime-fraud exception.The crime-fraud exception allows prosecutors to work around attorney-client privilege if they can convince a judge that there is reason to believe that legal advice or legal services have been used in furthering a crime.This week, lawyers for Mr. Trump filed a response saying the crime-fraud exception did not apply to Mr. Corcoran.Charlie Savage More

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    Ex-Attorney General in Arizona Buried Report Refuting Voter Fraud Claims

    Under Mark Brnovich, a Republican who left office in January, a 10,000-hour review did not see the light of day. His Democratic successor, Kris Mayes, released investigators’ findings.Mark Brnovich, a Republican who served as Arizona’s attorney general until January, buried the findings of a 10,000-hour review by his office that found no evidence of widespread voter fraud in the 2020 election, newly released documents reveal.The documents were released on Wednesday by Mr. Brnovich’s successor, Kris Mayes, a Democrat who took office last month as the top law enforcement official in the battleground state, which remains at the forefront of the election denial movement.The sweeping review was completed last year after politicians and other conspiracy theorists aligned with former President Donald J. Trump inundated Mr. Brnovich’s office with election falsehoods. They claimed baselessly that large numbers of people had voted twice; that ballots had been sent to dead people; and that ballots with traces of bamboo had been flown in from Korea and filled out in advance for Joseph R. Biden Jr., who won Arizona by a little over 10,000 votes.But investigators discredited these claims, according to a report on their findings that was withheld by Mr. Brnovich. (The Washington Post reported earlier on the findings.)“These allegations were not supported by any factual evidence when researched by our office,” Reginald Grigsby, chief special agent in the office’s special investigation’s section, wrote in a summary of the findings on Sept. 19 of last year.The summary was part of documents and internal communications that were made public on Wednesday by Ms. Mayes, who narrowly won an open-seat race in November to become attorney general.“The results of this exhaustive and extensive investigation show what we have suspected for over two years — the 2020 election in Arizona was conducted fairly and accurately by elections officials,” Ms. Mayes said in a statement. “The 10,000-plus hours spent diligently investigating every conspiracy theory under the sun distracted this office from its core mission of protecting the people of Arizona from real crime and fraud.”Efforts to reach Mr. Brnovich, who ran unsuccessfully for the U.S. Senate last year, were not immediately successful.His former chief of staff, Joseph Kanefield, who was also Mr. Brnovich’s chief deputy, did not respond to a request for comment on Thursday.In the eight-page summary of investigators’ findings, Mr. Grigsby wrote that the attorney general’s office had interviewed and tried to collect evidence from Cyber Ninjas, a Florida firm that conducted a heavily criticized review of the 2020 election results in Arizona’s most populous county, Maricopa, at the direction of the Republican-controlled State Senate.Investigators also made several attempts to gather information from True the Vote, a nonprofit group founded by Catherine Engelbrecht, a prominent election denier, the summary stated..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.“In each instance and in each matter, the aforementioned parties did not provide any evidence to support their allegations,” Mr. Grigsby wrote. “The information that was provided was speculative in many instances and when investigated by our agents and support staff, was found to be inaccurate.”When investigators tried to speak to Wendy Rogers, an election-denying Republican state lawmaker, they said in the summary that she refused to cooperate and told them she was waiting to see the “perp walk” of those who had committed election fraud.Ms. Rogers, who was censured by the State Senate in March 2022 after giving a speech at a white nationalist gathering, declined to comment on Thursday.In a series of emails exchanged by Mr. Brnovich’s staff members last April, Mr. Grigsby appeared to object several times to the language in a letter drafted on behalf of Mr. Brnovich that explained investigators’ findings. Its intended recipient was Karen Fann, a Republican who was the State Senate’s president and was a catalyst for the Cyber Ninjas review in Arizona.One of the statements that Mr. Grigsby highlighted as problematic centered on election integrity in Maricopa County.“Our overall assessment is that the current election system in Maricopa County involving the verification and handling of early ballots is broke,” Mr. Brnovich’s draft letter stated.But Mr. Grigsby appeared to reach an opposite interpretation, writing that investigators had concluded that the county followed its procedures for verifying signatures on early ballots.“We did not uncover any criminality or fraud having been committed in this area during the 2020 general election,” a suggested edit was written beneath the proposed language.Ms. Fann did not immediately respond to a request for comment on Thursday.In his role in Arizona, Mr. Brnovich was something of an enigma. He defended the state’s vote count after the 2020 presidential election, drawing the ire of Mr. Trump. The former president sharply criticized Mr. Brnovich in June and endorsed his Republican opponent, Blake Masters, who won the Senate primary but lost in the general election.But Mr. Brnovich has also suggested that the 2020 election revealed “serious vulnerabilities” in the electoral system and said cryptically on the former Trump aide Stephen K. Bannon’s podcast last spring, “I think we all know what happened in 2020.”In January, as one of Ms. Mayes’s first acts in office, she redirected an election integrity unit that Mr. Brnovich had created, focusing its work instead on addressing voter suppression.The unit’s former leader, Jennifer Wright, meanwhile, joined a legal effort to invalidate Ms. Mayes’s narrow victory in November.Ms. Mayes has said that she did not share the priorities of Mr. Brnovich, whom she previously described as being preoccupied with voter fraud despite isolated cases. The office has five pending voter fraud investigations. More

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    Trump Legal Team Assails Georgia Inquiry

    The lawyers said public comments by the forewoman of the special grand jury that investigated election interference had “poisoned” the process. But they have yet to challenge anything in court.ATLANTA — Lawyers for former President Donald J. Trump said late Wednesday that details divulged this week by the forewoman of a special grand jury investigating election interference by Mr. Trump and his allies had “poisoned” the Georgia inquiry. As of Thursday morning, however, the two lawyers had not filed any motions in court challenging the inquiry. Nor would they discuss what form such a challenge might take, saying only that they were weighing their options. “We’re just considering everything,” one of the lawyers, Drew Findling, said.Earlier this week, the forewoman, Emily Kohrs, spoke in interviews with a number of news outlets after The Associated Press identified her through a public records request. She said that the 23-person special grand jury, which can only make recommendations on whether prosecutors should indict, had made such recommendations for more than a dozen people in the case. Fani T. Willis, the Fulton County district attorney, who is handling the case, will ultimately make charging decisions and bring them to a regular grand jury.Ms. Kohrs declined to name names or say which laws the jurors believed had been broken. But asked if Mr. Trump was among those recommended for indictment, she told The New York Times: “You’re not going to be shocked. It’s not rocket science.” Some outside legal experts have said that Ms. Kohrs’s public comments present a headache, if nothing else, for prosecutors because the forewoman’s discussion of some elements of the case could be seen as diminishing the gravity of the proceedings. Others expressed doubt that they would have much impact, if any, on the case, in part because special grand juries cannot bring criminal charges.Jeff DiSantis, a spokesman for the Fulton County district attorney’s office, declined to comment on the Trump lawyers’ criticism of the case. He noted that the office had nothing to do with Ms. Kohrs’s media appearances.Mr. Trump is seen as having two main areas of particular legal jeopardy in the Georgia inquiry: the calls he made to pressure state officials to overturn the 2020 election, and his direct involvement in efforts to assemble an alternate slate of electors even after three vote counts affirmed President Biden’s victory in the state. Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More

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    Joe Biden’s Greatest Strength Is Also His Greatest Vulnerability

    In February 2020, just before the world shut down, I was waiting for Joe Biden to speak on a Friday night in Henderson, Nev. The next morning I watched Bernie Sanders rally a fairly young, largely Latino crowd in a packed Las Vegas high school cafeteria. The Biden event, held when it looked as if he would not win the nomination, was smaller and more subdued. On the other side of a rope separating media from attendees, a group of Biden supporters were talking about how stressful it would be to be president at their and Mr. Biden’s age. As I remember it, one of them said, “But he feels he has to do it.”Not much has changed about the substance of their conversation since then, other than three long years: Mr. Biden, at 80, is the oldest U.S. president ever. If and when he announces a re-election campaign, he will put into play the idea of an even older president, eventually 86 years old. “Is age a positive thing for him? No,” Nancy Pelosi recently told Maureen Dowd, before adding that age is “a relative thing.” For reasons ultimately only Mr. Biden can know, it seems he feels he has to do it.There’s a straightforward dimension to the problem: The effects of age can get beyond your control, and it’d be a safer bet to leave office before the risk probability elevates to a danger zone. Barney Frank decided well in advance that he would retire from Congress at 75, then did so in his early 70s. You could feel that would be the right choice for Mr. Biden or any other leader over a certain age threshold, and be done with this topic. But age and health knot together different contradictions in America. Everything’s so weird now. Tech types, athletes and people of means are spending millions to keep their bodies youthful, and to defeat decline, if not death. We live in this society where people frequently talk about their resentment of older leadership — and elect and re-elect older leaders.Donald Trump would also, were he to win and serve out a second term, turn 82, and you could view the final days of the first Trump White House through this prism. Nearly a quarter of the Congress was over 70 last year, Insider found, up from 8 percent in 2002. Senator Charles Grassley, a Republican and Iowa’s senior senator, won re-election at age 89 last fall. Two of the most powerful and defining congressional leaders of most of our lives — Mitch McConnell and Ms. Pelosi — are in their 80s, and until the recent hockey line change in House leadership, much of the Democratic congressional leadership was over 70. The Treasury secretary is 76. Two Supreme Court justices are in their 70s; in the last decade, death changed the ideological balance of the court.If he runs for this second term, squarely in this space of all these contradictions, Mr. Biden is making the same ask as he did during the 2020 election — to trust him, to trust that he will be proven right about himself. Qualitatively, Mr. Biden represents familiarity and stability, which both derive from his age and sit in uneasy tension with it.Mr. Biden premised his 2020 campaign on his singular ability to win the presidency, when a good number of people in politics and media didn’t think he could win even the nomination. He predicted a level of congressional function that many people found nostalgic to the point of exotic. This skepticism was, on a deep level, about his age and whether his time had passed and whether he was too distant from the political realities of the 2020s. The thing is: Mr. Biden was right before. He did win the nomination. He did win against Donald Trump. The first two years of the Biden presidency did involve a productive and occasionally bipartisan U.S. Congress. On some level, people like me were wrong. This whole presidency originated with Mr. Biden being right about himself, and therefore his age.And maybe he will be right again! That’s a real possibility, under-discussed in these conversations. Age is relative, as Ms. Pelosi said. Medical science keeps improving, and people keep living longer, healthier lives. Presidents can focus on the big picture and delegate the rest. Mr. Biden’s own parents lived to 86 and 92. Having purpose, professional or otherwise, can rejuvenate all our lives. He looked pretty lively during that State of the Union earlier this month, and certainly in Ukraine and Poland.A generation of old men, from Clement Attlee to Konrad Adenauer, rebuilt Europe after the catastrophic 1930s and 1940s, back when people lived much shorter lives. Mr. Adenauer, the first leader of West Germany, actually served until age 87. We haven’t lived through anything like World War II, but as we convulse through two decades of staggering technological change, that might explain the resurgence of some older and familiar leaders over the last decade. Maybe rather than resenting this generational hold on power that Mr. Biden represents, some segment of people is relieved by the continuity that he offers, and by his distance from our daily lives.It’s complicated to leave office when you have real power. If you were Mr. Sanders (81) or Mitt Romney (75), why would you walk away? Mr. Sanders and Mr. Romney retain their essential selves as public figures — they don’t seem especially changed by age. Neither has said whether he’s going to run again. But if they still feel vital and able, and they are in a position of actual agency and responsibility, then it’s hard to see why they should leave public life.The risk, though, registers at a different pitch with the presidency. Even if we’re not expecting the president to catch a bullet in his teeth or something, we have 100 senators and one president. Hundreds of federal judges, and nine Supreme Court justices. Some stuff matters more than others.This was a problem even at the very beginning of the country’s history. During the Constitutional Convention, a proposal arose about how to proceed if the president were unable to serve. According to James Madison’s notes, the delegate John Dickinson asked “What is the extent of the term ‘disability’ & who is to be the judge of it?” Nobody’s ever precisely resolved this dilemma, even with the 25th Amendment.Mr. Biden could be wrong. He could lose the election because of the way voters perceive his age, or he could make it to a second term only to suffer a serious illness in office. Would the country default to a discomfort with visible age and slant one way on Mr. Biden, or take a more nuanced view?In the fall, while thinking over some of these concerns, I saw Senator John Fetterman speak to a large Saturday afternoon crowd in an indoor sports complex in Scranton, Pa. Mr. Fetterman isn’t old — he’s 53 — but he did suffer a stroke and begin recovery while campaigning for office.That day in Scranton, though he moved fluidly and alertly, he struggled some with the cadence of his speech, which was mostly one-liners about Dr. Mehmet Oz. But the event opened up into a gentler moment when he asked, “How many one [sic] of you in your own life have had a serious health challenge? Hands. Personally. Any of you?” Tons of hands went silently up from the synthetic grass. “How many of your parents?” Nearly all the remaining hands went up and stayed up while he ticked off a few other close relations. Though this eventually segued into another joke about Mr. Oz, the silent, serious quality of this call-response was not how the campaign often played online and in the media, where Mr. Fetterman’s condition became a weapon to be bashed over him. The politics of health and age can be brutal.Last week, Mr. Fetterman entered Walter Reed medical center to treat depression. Annie Karni reported that Mr. Fetterman’s recovery has continued to be challenging as he adjusts to new accommodations and limitations. Though he initially faced criticism for not disclosing enough about his condition, over the last several months he has been public about the changes he has gone through and the accommodations he requires, and about depression, something millions of people face but politicians have rarely disclosed.Aging is different than depression or stroke recovery; but like those experiences, there is no shame in aging, and there’s also no suggesting that everything’s easy about it. The choice for Mr. Biden is only an elevated version of the one many people deal with: When will you know it’s time to retire or step back, and when to keep going? All of us are aging, gaining and losing capacities in ways we may not even be aware of.There’s no automatic test that will prove someone is “too old,” and even if there were, nobody would want to take it.You can drive yourself crazy with war games about the ways an election could go. What if Mr. Biden were to run and face a much younger candidate, instead of Mr. Trump? What if he stepped aside in favor of a younger potential successor who then lost to Mr. Trump, invalidating the entire premise of Mr. Biden’s 2020 presidential campaign?All that there is, in the end, is Mr. Biden’s request — to trust that he is right about himself. He’s been right before, and may well be right again. But the reason this question lingers is the unstable ground of the answer: The source of what makes people worry about the president is also the source of his power and appeal.Ms. Miller is a staff writer and editor in Opinion.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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    Here’s the Status of the Four Criminal Investigations Into Donald Trump

    The revelations from grand jury proceedings in Georgia are the latest signs that federal and local inquiries into the former president could reach key decision points in coming months.When the forewoman of a Georgia grand jury investigating allegations of election interference by former President Donald J. Trump and his advisers gave a series of highly public — and highly unusual — interviews this week, she suggested that the case might soon be headed toward indictment.Three other criminal inquiries involving Mr. Trump have also been progressing relatively quickly — if not quite as fast — in recent months, with the Justice Department pressing forward in Washington and a local prosecutor moving ahead in New York.No former president has ever confronted the barrage of legal threats that Mr. Trump now faces, all of which appear to be heading toward decision points by the authorities in coming months. Heightening the stakes, the inquiries have intensified just as Mr. Trump has started ramping up his third campaign for the White House.Beyond the Georgia case, Mr. Trump is under investigation by a special counsel in Washington for his role in seeking to overturn the results of the 2020 election and for his potential mishandling of classified documents. At the same time, local authorities in New York are looking into whether Mr. Trump authorized and was involved in falsely accounting for hush money payments to a pornographic film actress who said she had an affair with him.Even though much about the inquiries seems straightforward — “It’s not rocket science,” the forewoman in Georgia, Emily Kohrs, told The New York Times — each of the cases is layered with its own array of legal complexities that make predicting an outcome difficult. And that is to say nothing about the potential complications of bringing charges in the midst of a presidential campaign against a pugnacious figure like Mr. Trump, who has long assailed attempts by the authorities to hold him accountable as hoaxes and politically motivated witch hunts.Here is a look at the status of each of the criminal investigations confronting Mr. Trump.In Georgia, the Fulton County district attorney, Fani T. Willis, is looking at a variety of possible charges related to Mr. Trump’s efforts to reverse his 2020 election loss in the state.Lynsey Weatherspoon for The New York TimesGeorgia: Election InterferenceThe Georgia investigation presents two areas of exposure for Mr. Trump.One is his direct involvement in recruiting a slate of alternate presidential electors, even after Georgia’s results were recertified by the state’s Republican leadership. “We definitely talked about the alternate electors a fair amount,” Ms. Kohrs said. The other centers on phone calls Mr. Trump made to pressure state officials after the election, including one in which he told Brad Raffensperger, Georgia’s secretary of state, that he needed to “find” 11,780 votes — one more than Joseph R. Biden Jr.’s margin of victory in the state.The decision about whether to charge Mr. Trump will ultimately be made by the Fulton County district attorney, Fani T. Willis, who has been investigating the case for the last two years. Ms. Willis’s office has said it is considering everything from conspiracy and racketeering to narrower charges, such as criminal solicitation to commit election fraud.The special grand jury that Ms. Kohrs served on produced a report last month after hearing testimony since last June, but most of the report has been kept secret. In an interview this week, Ms. Kohrs said the grand jurors had recommended that several people be indicted on a range of charges, but declined to provide names before the full report was released.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.In the small portion of the report that was released, the jurors said they saw potential evidence of perjury by “one or more” witnesses. But Ms. Kohrs said the jurors appended eight pages of criminal code citations to their report, hinting at its breadth.A number of legal experts have said Mr. Trump faces significant jeopardy in the Georgia inquiry.“His risk of being charged was already substantial even before the grand jury report excerpts,” said Norman Eisen, a lawyer who served as special counsel to the House Judiciary Committee during Mr. Trump’s first impeachment trial. “The foreperson’s comments make that virtually certain.”Special Counsel: Overturning the ElectionThe Justice Department has been asking questions for more than a year about Mr. Trump’s sprawling efforts to overturn the election and whether he committed any crimes in connection with the Jan. 6, 2021, attack on the Capitol. The investigation — one of two inherited in November by the special counsel, Jack Smith — has used a variety of methods and has gathered an enormous amount of information.Federal agents have seized cellphones and other devices from pro-Trump lawyers like John Eastman and Jeffrey Clark — as well as from one of Mr. Trump’s chief congressional allies, Representative Scott Perry, Republican of Pennsylvania.Prosecutors have issued grand jury subpoenas to several state Republican officials and to dozens of Trump administration lawyers and officials. Those include people like Mark Meadows, Mr. Trump’s onetime chief of staff, and former Vice President Mike Pence, who presumably have knowledge of the former president’s thoughts and behavior in weeks leading up to Jan. 6. In the most recent sign the investigation is continuing apace, Mr. Smith has issued subpoenas to Mr. Trump’s daughter Ivanka and his son-in-law Jared Kushner..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Investigators have also been poring over thousands of pages of interviews conducted by the House select committee investigating Jan. 6, which recommended that Mr. Trump be prosecuted for crimes including inciting insurrection, conspiracy to defraud the United States, and the obstruction of a proceeding before Congress.One of the chief strands of the inquiry has focused on the plan to create false slates of pro-Trump electors in swing states actually won by Mr. Biden, mirroring one element of the Georgia investigation. Federal investigators have also been scrutinizing the broad claims by Mr. Trump and his allies that the election was marred by fraud, and a series of payments made by Save America PAC, Mr. Trump’s chief postelection fund-raising vehicle.Mr. Smith’s office has been tight-lipped about his plans, although several people familiar with the investigation have said that prosecutors could complete their work by spring or early summer. The process has often been slowed by time-consuming litigation as witnesses like Mr. Pence have sought to avoid or limit their grand jury testimony with various legal arguments.It remains unclear if Mr. Smith will ultimately indict Mr. Trump. But several legal experts — including Timothy J. Heaphy, a former U.S. attorney who led the House’s Jan. 6 investigation — have said that the key to bringing charges is obtaining clear-cut evidence that Mr. Trump intended to break the law.“When we started to see intentional conduct, specific steps that appear to be designed to disrupt the joint session of Congress, that’s where it starts to sound criminal,” Mr. Heaphy told The Times this week. “The whole key for the special counsel is intent.”Last August, the F.B.I. searched Mar-a-Lago, Mr. Trump’s private club and residence, and found more than 100 classified documents, after one of his lawyers had attested that no more were there.Marco Bello/ReutersSpecial Counsel: Classified DocumentsThe investigation into Mr. Trump’s handling of classified documents began in earnest last May with a subpoena. It sought the return of any classified material still in his possession, after he had voluntarily handed over an initial batch of records that turned out to include almost 200 classified documents.Within a month, a lawyer for Mr. Trump, M. Evan Corcoran, gave investigators more than 30 additional documents in response to the subpoena. Around the same time, another lawyer, Christina Bobb, asserted that a “diligent search” had been conducted at Mar-a-Lago, Mr. Trump’s private club and residence in Florida, assuring prosecutors there were no more documents with classification markings.But the inquiry took a dramatic turn in August when acting on a search warrant, the F.B.I. descended on Mar-a-Lago and discovered more than 100 additional classified documents. The affidavit submitted by the Justice Department in seeking the search warrant said that investigators had “probable cause to believe that evidence of obstruction” would be discovered.Mr. Pence and President Biden have also faced scrutiny for having classified materials in their possession — in Mr. Biden’s case, a separate special counsel investigation is underway. In the case of Mr. Trump, prosecutors have focused on a few key questions: Did Mr. Trump knowingly remove the sensitive records from the White House and did he willfully hold on to them in violation of the Espionage Act? Moreover, did he try to hinder investigators from figuring out why or where he kept them?To answer those questions, prosecutors have interviewed several junior aides to Mr. Trump and compelled grand jury testimony from more senior aides like Kash Patel.They have also sought to force Mr. Corcoran to testify fully in front of the grand jury. Mr. Corcoran tried to avoid answering questions by asserting attorney-client privilege on behalf of Mr. Trump. But the prosecutors have sought to pierce that privilege with the so-called crime-fraud exception, which can be invoked when there is evidence that legal advice or services have been used in furthering a crime.It remains unclear whether Mr. Smith will bring charges in this inquiry either. While no evidence exists at this point that Mr. Biden or Mr. Pence have sought to obstruct investigations into their own handling of documents — both brought their possession of the documents to the attention of the Justice Department — the parallel probes have complicated the political landscape and could give Mr. Trump a reason to cry foul if he is charged and the others are not.Manhattan District Attorney: Stormy DanielsThe investigation into Mr. Trump’s role in paying hush money to the porn actress Stormy Daniels has spanned five years, two Manhattan district attorneys and multiple grand juries.But recently, prosecutors under the current district attorney, Alvin L. Bragg, appear to have moved closer than ever to indicting the former president. Last month, they began presenting evidence to a newly seated grand jury, which has heard from several witnesses as the office lays the groundwork for potential charges against Mr. Trump.The case would likely center on whether Mr. Trump and his company falsified business records to hide the payments to Ms. Daniels in the days before the 2016 election. But an indictment — let alone a conviction — is hardly assured.Any prosecution of the case would rely on testimony from Michael D. Cohen, Mr. Trump’s former personal lawyer, who made the payment to Ms. Daniels and who pleaded guilty himself in 2018 to federal charges. Mr. Trump reimbursed Mr. Cohen for the $130,000 he paid out, and according to court papers in Mr. Cohen’s case, Mr. Trump’s company falsely identified the reimbursements as legal expenses.In New York, it is a misdemeanor to falsify business records. To make it a felony, prosecutors would need to show that Mr. Trump falsified the records to help commit or conceal a second crime — in this case, violating New York State election law, a legal theory that has not been tested. Mr. Trump has denied all wrongdoing and lashed out at the prosecutors for leading what he calls a partisan witch hunt against him. He has also denied having an affair with Ms. Daniels.Under Mr. Bragg’s predecessor, Cyrus R. Vance Jr., the district attorney’s office had begun presenting evidence to an earlier grand jury about a far broader case focused on Mr. Trump’s business practices, including whether he fraudulently inflated the value of his assets by billions of dollars to secure favorable loans and other benefits.But in the early weeks of his tenure last year, Mr. Bragg developed concerns about the strength of that case and halted the grand jury presentation, prompting the resignations of two senior prosecutors leading the investigation.Jonah E. Bromwich More

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    The Forces Tearing Us Apart Aren’t Quite What They Seem

    A toxic combination of racial resentment and the sharp regional disparity in economic growth between urban and rural America is driving the class upheaval in American partisanship, with the Republican Party dominant in working class House districts and the Democratic Party winning a decisive majority of upscale House seats.Studies from across the left-right spectrum reveal these and other patterns: a nation politically divided by levels of diversity; the emergence of an ideologically consistent liberal Democratic Party matching the consistent conservatism of the Republican Party, for the first time in recent history; and a striking discrepancy in the median household income of white majority House districts held by Democrats and Republicans.Four scholars and political analysts have produced these studies: Michael Podhorzer, former political director of the AFL-CIO, in “The Congressional Class Reversal,” “Socioeconomic Polarization” and “Education Polarization”; Oscar Pocasangre and Lee Drutman, of New America, in “Understanding the Partisan Divide: How Demographics and Policy Views Shape Party Coalitions”; and Alan Abramowitz, a political scientist at Emory, in “Both White and Nonwhite Democrats are Moving Left.”Podhorzer’s analyses produce provocative conclusions.“Throughout the first half of the 20th century,” he writes in his class reversal essay, “Democrats were solidly the party of the bottom of the income distribution and Republicans were solidly the party of the top half of the income distribution.” In 1958, Podhorzer points out, “more than half of the members of the Democratic caucus represented the two least affluent quintiles of districts. Today, that is nearly the case for members of the Republican caucus.”The result? “In terms of income,” Podhorzer writes. “the respective caucuses have become mirror images of each other and of who they were from Reconstruction into the 1960s.”The shift is especially glaring when looking at majority-white congressional districts:From 1994 through 2008, Democrats did about equally well with each income group. But, beginning with the 2010 election, Democrats began doing much better with the top two quintiles and much worse with the bottom two quintiles. In 2020, the gap between the top two and the bottom two quintiles was 50 points. Since 2016, Democrats have been doing worse than average with the middle quintile as well.The income shift coincided with a deepening of the urban-rural partisan schism.“As recently as 2008,” Podhorzer writes, “40 percent of the Democratic caucus represented either rural or sparse suburban districts, and about a fifth of the Republican caucus represented majority-minority, urban or dense suburban districts. Now, the caucuses are sorted nearly perfectly.”As if that were not enough, divergent economic trends are compounding the urban-rural split.In his socioeconomic polarization essay, Podhorzer shows how median household income in white majority districts has changed.From 1996 to 2008, in majority white districts, there was virtually no difference in household income between districts represented by Republicans and Democrats. Since then, the two have diverged sharply, with median household income rising to $80,725 in 2020 in majority white districts represented by Democrats, well above the $62,163 in districts represented by Republicans.Podhorzer ranks congressional districts on five measures:1) Districts in the lowest or second lowest quintile (the bottom 40 percent) of both income and education; 2) districts in the lowest or second lowest quintile of income but in the middle quintile or better for education; 3) districts that are not in the other four measures; 4) districts that are either in the fourth quintile on both dimensions or are in the fourth for one and the fifth for the other; and 5) districts that are in the fifth quintile for both dimensions.Using this classification system, how have majority white districts changed over the past three decades?“For the entire period from 1996 through 2008,” Podhorzer writes,none of the white socioeconomic groups was more than 10 points more or less than average, although we can see the highest socioeconomic group trending more Democratic through that period. But everything changed dramatically after 2008, as the two highest socioeconomic groups rapidly became more Democratic while the lowest socioeconomic group became much less Democratic.In 1996, Democrats represented 30 percent of the majority white districts in the most educated and most affluent category; by 2020, they represented 86 percent. At the other end, in 1996, Democrats represented 38 and 42 percent of the districts in the bottom two categories; by 2020, those percentages fell to 12 and 18 percent.In examining these trends, political analysts have cited a growing educational divide, with better educated — and thus more affluent — white voters moving in a liberal Democratic direction, while whites without college have moved toward the right.Podhorzer does not dispute the existence of this trend, but argues strenuously that limiting the analysis to education levels masks the true driving force: racial tolerance and racial resentment. “This factor, racial resentment,” Podhorzer writes in the education polarization essay, “does a much, much better job of explaining our current political divisions than education polarization.”In support of his argument, Podhorzer provides data showing that from 2000 to 2020, the Democratic margin among whites with and without college degrees who score high on racial resentment scales has fallen from minus 26 percent to minus 62 percent for racially resentful non-college whites and from minus 14 percent to minus 53 percent among racially resentful college- educated whites.At the same time, the Democratic margin rose from plus 12 to 70 percent over those twenty years among non-college whites low in racial resentment; and from 50 to 82 percent among college-educated whites low in racial resentment.In other words, in contradiction to the education divide thesis, non-college whites who are not racially resentful have become more Democratic, while college-educated whites who are racially resentful have become more Republican, in contradiction to the education divide thesis.Podhorzer makes the case that “the unequal distribution of recovery after the economy crashed in 2008 has been profoundly overlooked,” interacting with and compounding divisions based on racial attitudes:Educational attainment was among the important characteristics associated with those increasingly prosperous places. Add to that mix, first, the election of a Black president, which sparked a backlash movement of grievance in those places left behind in the recovery, and, second, the election of a racist president, Donald Trump — who stoked those grievances. We are suffering from a polarization which provides an even more comprehensive explanation than the urban-rural divide.Changing racial attitudes are also a crucial element in Abramowitz’s analysis, “Both White and Nonwhite Democrats are Moving Left,” in which he argues that “Democrats are now as ideologically cohesive as Republicans, which is a big change from a decade ago, when Republicans were significantly more cohesive than Democrats.”Damon Winter/The New York TimesIn 1972, on a 1 to 7 scale used by American National Election Studies, Abramowitz writes,Supporters of the two parties were separated by an average of one unit. The mean score for Democratic voters was 3.7, just slightly to the left of center, while the mean score for Republican voters was 4.7, to the right. By 2020, the distance between supporters of the two parties had increased to an average of 2.6 units. The mean score for Democratic voters was 2.8 while the mean score for Republican voters was 5.5.The ideological gulf between Democrats and Republicans reached its highest point in 2020, Abramowitz observes, “since the ANES started asking the ideological identification question.”While the movement to the right among Republican voters has been relatively constant over this period, the Democratic shift in an increasingly liberal direction has been more recent and more rapid.“The divide between supporters of the two parties has increased considerably since 2012 and most of this increase was due to a sharp leftward shift among Democratic voters,” Abramowitz writes. “Between 2012 and 2020, the mean score for Democratic voters went from 3.3 to 2.9 while the mean score for Republican voters went from 5.4 to 5.5.”By far the most important shift to the left among Democrats, according to Abramowitz, was on the question “Should federal spending on aid to Blacks be increased, decreased or kept about the same?” From 2012 to 2020, the percentage of Democrats saying “increased” more than doubled, from 31.3 to 72.2 percent. The surge was higher among white Democrats, at 47.5 points, (from 24.6 to 72.1 percent), than among nonwhite Democrats, at 31.2 points, from 41.1 to 72.3 percent.The growing ideological congruence among Democrats has significant consequences for the strength of the party on Election Day. Abramowitz notes that “For many years, white Democrats have lagged behind nonwhite Democrats in loyalty to Democratic presidential candidates. In 2020, however, this gap almost disappeared with white Democratic identifiers almost as loyal as nonwhite Democratic identifiers.”The increase in loyalty among white Democratic identifiers, he continues, “is due largely to their increased liberalism because defections” to the right “among white Democrats”have been heavily concentrated among those with relatively conservative ideological orientations. This increased loyalty has also been apparent in other types of elections, including those for U.S. Senate and House of Representatives. In 2022, according to data from the American National Election Studies Pilot Survey, 96 percent of Democratic identifiers, including leaning independents, voted for Democratic candidates for U.S. House and U.S. Senate.In their paper, “Understanding the Partisan Divide,” Pocasangre and Drutman of New America focus on race and ethnicity from the vantage point of an analysis of voting patterns based on the level of diversity in a district or community.“Republican districts,” they write,are some of the least ethnically diverse districts. But voters within these districts have diverse policy views, particularly on economic issues. Democratic districts are some of the most ethnically diverse districts. But voters within these districts are mostly in agreement over their views of both social and economic issues.Pocasangre and Drutman’s study reinforces the widespread finding “That Republican districts are predominantly white and, for the most part, less affluent than the national average. In contrast, Democratic districts are less white than the average but tend to be more affluent than average.”Pocasangre and Drutman find that the household income differences between Democratic and Republican-held seats continues to widen. From 2020 to 2022, the income in Democratic districts rose from $95,000 to $100,000 while in Republican districts it grew from $77,000 to $80,000, so that the Democratic advantage rose from $18,000 to $20,000 in just two years.Republican districts, the two authors continue, are “conservative on both social and economic issues, with very few districts below the national average on either dimension.” Democratic districts, in contrast, areprogressive on both policy domains, but have quite a few districts that fall above the average on either the social or economic dimension. In particular, of the 229 Democratic districts in 2020, 14 percent were more conservative than the national average on social issues and 19 percent were more conservative than the national average on economic issues.On average, competitive districts tilt Republican, according to the authors:Very few competitive districts in 2020 were found on the progressive quadrants of social and economic issues. Instead, of the 27 competitive districts in 2020, 70 percent were more conservative than the national average on economic issues and 59 percent were more conservative than the national average on social issues.These battleground districtslean toward the progressive side when it comes to gun control, but they lean toward the conservative side on all the other social issues. Their views on structural discrimination — an index that captures responses to questions of whether Black people just need to try harder to get ahead and whether discrimination keeps them back — are the most conservative, followed by views toward abortion.In addition, a majority of competitive districts, 57 percent, are in Republican-leaning rural-suburban communities, along with another 13 percent in purely rural areas. Democratic districts, in contrast, are 17 percent in purely urban areas and 52 percent in urban-suburban communities, with 31 percent in rural-suburban or purely rural areas.I asked Pocasangre about this tilt, and he emailed back:For now, most swing districts go for Republicans. The challenge for Democrats right now is that most of these swing districts are in suburbs which demographically and ideologically look more like rural areas where Republicans have their strongholds. So, Democrats do face an uphill battle when trying to make inroads in these districts.But, Pocasangre continued, “majorities in Congress are so slim that control of the House could switch based on idiosyncratic factors, like exceptionally bad candidates on the other side, scandals, changes in turnout, etc. Democrats need to get lucky in the suburbs, but for Republicans, they are theirs to lose.”Pocasangre and Drutman classified districts as Democratic, Republican, or competitive, based on the ratings of the Cook Political Report in the 2020 and 2022 elections: “Competitive districts are those classified as toss ups for each cycle while the partisan districts are those rated as solid, likely, or lean Democratic or Republican.”The Cook Report analysis of 2024 House races lists 20 tossup seats, 11 held by Democrats, 9 by Republicans, one of which is held by the serial fabulist George Santos, whose threatened New York seat is classified as “lean Democratic.” Eight of the 11 Democratic toss-ups are in three states, four in North Carolina and two each in Pennsylvania and Ohio. Four of the nine Republican tossups are in New York, along with two in Arizona.The changing composition of both Democratic and Republican electorates and the demographics of the districts they represent is one of the reasons that governing has become so difficult. One result of the changing composition of the parties has been a shift in focus to social and cultural issues. These are issues that government is often not well equipped to address, but that propel political competition and escalate partisan hostility.Perhaps most important, however, is that there now is no economic cohesion holding either party together. Instead, both have conflicting wings. For the Republicans it’s a pro-business elite combined with a working class, largely white, often racially resentful base; for the Democrats, it’s a party dependent on the support of disproportionately low-income minorities, combined with a largely white, college-educated elite.One might question why all these cultural and social issues have come so much to the fore and what it might take for the dam to give.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    The Fox Newsification of Nikki Haley

    Here’s what I think is one of the most intriguing questions in American politics today: How would Nikki Haley talk about the country and its challenges if Fox News didn’t exist?Here’s why: We’ve learned a lot in recent days about both Fox and Haley, the former South Carolina governor who has just started running for the 2024 Republican presidential nomination.Let’s start with Fox News. We all sort of knew the truth about Fox, but now there can be no doubt: Fox News is to journalism what the Mafia is to capitalism — same basic genre, but a morally corrupt perversion of the real thing.Before, during and after the 2020 election, it was not crazy to assume that Fox’s main prime-time hosts — Sean Hannity, Tucker Carlson and Laura Ingraham — actually believed some of the pro-Trump, election-fraud conspiracy theories and theorists that they were putting on the air. But now we have learned from a batch of recently disclosed text messages and emails that they didn’t believe any of it.The internal messages reveal that the three prime-time hosts, as well as others at Fox, privately made fun of, and were at times appalled by, the election-fraud claims of Donald Trump advisers like Sidney Powell and Rudolph Giuliani. But they mostly kept their skepticism hidden from viewers. Having gotten the Fox audience totally aroused by — and addicted to — claims of election fraud, Fox News’s leaders were afraid to stop. Why? They feared they would lose viewers and ad revenue to even crazier networks — Newsmax and OAN.The Fox News text messages, emails and testimony that expose all of this to public view are from depositions and discovery contained in a recently released legal filing in Delaware state court by Dominion Voting Systems. It is part of the company’s lawsuit against Fox News for broadcasting what it allegedly knew were false claims that Dominion machines helped to rig the 2020 election. The cynicism they reveal is breathtaking.The depth of it is best summed up in this account by The Times last week of an exchange dated Nov. 12, 2020: “In a text chain with Ms. Ingraham and Mr. Hannity, Mr. Carlson pointed to a tweet in which a Fox reporter, Jacqui Heinrich, fact-checked a tweet from Mr. Trump referring to Fox broadcasts and said there was no evidence of voter fraud from Dominion. ‘Please get her fired,’ Mr. Carlson said. He added: ‘It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.’ Ms. Heinrich had deleted her tweet by the next morning.”Yup, Fox hosts and the Murdoch family were OK with discrediting the core engine of America’s democracy — our ability to peacefully and legitimately transfer power — if it would hold their audience and boost their stock.Now enter Nikki Haley, who also last week announced her presidential bid.I’ve never met Haley, but from afar it seemed that she had a reasonably good story to tell — a successful South Carolina governor from 2011 to 2017, Trump’s first U.N. ambassador and the daughter of Indian immigrants. Her mother, Raj, studied law at the University of New Delhi, and after immigrating to South Carolina, earned a master’s degree in education and became a local public-school teacher. Her father, Ajit, earned a doctorate from the University of British Columbia and then taught as a biology professor at Voorhees College for 29 years. On the side, they even opened a clothing boutique.The whole family is a walking advertisement for how America has been enriched by immigration.And as governor, Haley’s best known — and most courageous — political act came in the aftermath of a white gunman killing nine Black parishioners during a June 2015 prayer session inside the Emanuel African Methodist Episcopal Church in Charleston, S.C. After it was discovered that the gunman had posed for numerous photos with Confederate symbols and was linked to a racist manifesto, Haley called for legislation that led to the removal of the Confederate flag that had flown on the State Capitol grounds since 1962.“We are not going to allow this symbol to divide us any longer,” Haley declared.Good on her. Now fast forward to Haley announcing her run for the presidency. Imagine all the ways she could have differentiated herself from Trump and Ron DeSantis.She could have said: “Friends, in the last two years, Congress passed bills to upgrade our infrastructure, our capacity to make advanced microchips and advanced clean energy systems. The first two were passed with bipartisan majorities. This legislation constitutes a launching pad that could enable America to dominate the 21st century. And I know how to get the most out of those launching pads.“During my time as governor, Greenville, S.C., became one of the nation’s most important hubs of wind energy innovation. As South Carolina’s Upstate Business Journal recently wrote, ‘According to a new study from the Brookings Institution, a Washington, D.C., think tank, inventors in Greenville were responsible for 172 wind energy patents over the past five years, more than any other metro area in the country.’ You bet! That’s because we made Greenville home to General Electric’s Power & Water energy engineering team.”Haley could have added, “I also know a lot about building infrastructure for high-tech manufacturing, because during my time as governor I helped to make South Carolina one of the nation’s most active hubs of advanced manufacturing — from advanced aircraft to cars to tires.”Haley could have then pivoted to explain that every one of those manufacturers today is telling us that to realize their full potential they need workers schooled in science, technology, engineering and math (STEM). But they can’t find them. According to the Bureau of Labor Statistics, by 2025 America could need one million more engineers and other STEM professionals than we can produce at home at our current rate. She could have said the only way to fill that gap is by welcoming the world’s most energetic and high-skilled immigrants.Legal immigrants grow our pie and invent things that enhance our national security. As the daughter of two such immigrants, Haley could have committed to forging a long needed compromise that would truly halt illegal immigration while expanding legal immigration. As a governor who dared yank down the Confederate flag, she could boast that she had the spine to pull the country together to do big, hard things.Sure, that kind of speech would have challenged the Republican base, but I bet it would have energized many others — particularly independents and moderate Republicans looking for alternatives to Trump.But Haley said none of it.Here’s Peggy Noonan of The Wall Street Journal on Haley’s presidential announcement: “I found myself thinking not about her candidacy but about the launch itself, which was creepily stuck in the past. A horrible, blaring song from a Sylvester Stallone sequel pumped her in as she strode out in the white suit. … An introducer said she will ‘lead us into the future’; she added, ‘America is falling behind.’ It was all so tired, clichéd and phony.”And here’s Washington Post political analyst Dan Balz on Haley’s opening campaign video, which twice featured The New York Times Magazine’s “1619 Project” — which details the persistence of racism in American history — as red meat to the anti-woke crowd: Haley’s “video also highlights the 2015 mass shooting at Mother Emanuel African Methodist Episcopal Church in Charleston, where a white stranger killed nine Black people at a Bible study class. It does not mention Haley’s subsequent action to remove the Confederate flag from the South Carolina State House after years of controversy.”And now for the perfect ending to Haley’s presidential announcement events. The evening of her speech she appeared on — wait for it now — Hannity’s show on Fox, where she complained that the G.O.P. needs a message to “bring in” a variety of people and it must do a better job at messaging — but offered no actual message.The woman whose family immigration story could have so linked up with a concrete strategy for American renewal, the woman whose political courage in taking down the Confederate flag could have served as the perfect opening message to bring more minorities into the G.O.P., chose instead to do a bad imitation of Ron DeSantis.Why? Because like Hannity, Ingraham, Carlson and the Murdochs, Haley was more interested in following the Fox base than shaping it, let alone leading it to a better place.As I said, imagine what Nikki Haley might have sounded like if Fox News didn’t exist.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. 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