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    John Eastman Is Defiant as Trump-Related Investigations Proliferate

    A legal reckoning awaits a chief architect of Donald Trump’s effort to reverse his election loss. But in Mr. Eastman’s telling, he was far from a criminal.WASHINGTON — John C. Eastman, a legal architect of Donald J. Trump’s efforts to overturn his 2020 election loss, invoked the Fifth Amendment more than 100 times under questioning by the House Jan. 6 committee.But in recently released testimony from the committee’s investigation, other witnesses had plenty to say about him.Many White House lawyers expressed contempt for Mr. Eastman, portraying him as an academic with little grasp of the real world. Greg Jacob, the legal counsel to former Vice President Mike Pence, characterized Mr. Eastman’s legal advice as “gravely, gravely irresponsible,” calling him the “serpent in the ear” of Mr. Trump. Eric Herschmann, a Trump White House lawyer, recounted “chewing out” Mr. Eastman. Pat A. Cipollone, the chief White House counsel, is described calling Mr. Eastman’s ideas “nutty.”In the coming months, Mr. Eastman will be facing a legal reckoning. He has been drawn into the criminal investigation into election interference in Atlanta, which is nearing a decision on potential indictments. The F.B.I. seized his iPhone. And the Jan. 6 committee, in one of its last acts, asked the Justice Department to investigate Mr. Eastman on a range of criminal charges, including obstructing a congressional proceeding. For good measure, he faces a disciplinary bar proceeding in California.A once-obscure scholar at the right-wing Claremont Institute, Mr. Eastman joined the Trump camp shortly after the election and was soon among a group of lawyers who, with the president’s blessing, largely commandeered decision-making from lawyers at the White House and on the Trump campaign.He championed a two-pronged strategy that the Jan. 6 committee portrayed as a coup plot. The first was enlisting party officials to organize slates of bogus electors in swing states where Mr. Trump lost, even after the results had been certified and recertified, as in Georgia. The second was pressuring Mr. Pence to deviate from the vice president’s traditionally ceremonial role and decline to certify all the electoral votes on Jan. 6.While Mr. Eastman refused to answer most of the committee’s questions, he has hardly been at a loss for words. At the “Stop the Steal” rally on Jan. 6, 2021, held on the Ellipse moments before Trump supporters marched toward the Capitol, he spoke ominously of stolen elections, voting machine chicanery and ballots stuffed in a “secret folder.” Over the last two years he has remained defiant in a string of public appearances and interviews, and painted a picture sharply at odds with other accounts, most notably those of Mr. Pence and two of his aides who cooperated with the House committee.In Mr. Eastman’s telling of the lead-up to the Jan. 6 attack on the Capitol, he was far from a criminal. In fact, in a recent interview — a fuller version of one he gave to The New York Times in the fall of 2021 — he says he was helping to head off a potentially more perilous outcome.Mr. Eastman spoke of voter fraud at the “Stop the Steal” rally on Jan. 6, 2021, just before Trump supporters marched toward the Capitol.Jim Bourg/ReutersHe claims that in an Oval Office meeting on Jan. 4, he helped convince Mr. Trump that Mr. Pence did not have the power to pick whomever he wanted as president. And Mr. Eastman said his advice to the president and vice president was only that Mr. Pence should pause the certification of the election, giving legislatures more time to consider fraud allegations in certain states where Mr. Trump had lost.“I think my greatest contribution to this conversation is to have backed Trump away from the notion that Pence could just simply gavel him as re-elected,” Mr. Eastman said during the interview at his lawyer’s office in Washington, just blocks from the White House. “And, you know, you look at some of his tweets before that Jan. 4 meeting, he’s saying things like that, because that’s what people out there are saying. But if you look at his speech on Jan. 6, after I weigh in at that meeting, he’s saying exactly the opposite.”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.Few in the White House, however, saw him as anything close to a voice of moderation amid the riot that followed. And Mr. Eastman’s account differs in significant ways from those provided by Mr. Pence and his aides.The former vice president refused to cooperate with the Jan. 6 committee but addressed the issue in a recent opinion essay in The Wall Street Journal. Mr. Pence wrote that on Jan. 5, a day after first meeting with Mr. Eastman in the Oval Office, Mr. Trump summoned the vice president for another meeting where “the president’s lawyers, including Mr. Eastman, were now requesting that I simply reject the electors.”.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.He said that he “later learned that Mr. Eastman had conceded to my general counsel that rejecting electoral votes was a bad idea and any attempt to do so would be quickly overturned by a unanimous Supreme Court. This guy didn’t even believe what he was telling the president.”The crux of Mr. Eastman’s defense is that he was simply a lawyer offering advice, and that he was acting in good faith, since he still believes many of the fraud claims that were made. “I’m not backing down on that,” he said. “I mean, the amount of evidence, even if I’m wrong about it, was certainly enough to have warranted further review.”In an email to Mike Pence’s lawyer on the night of Jan. 6, Mr. Eastman urged that the vice president should not certify the electoral vote.House Select Committee, via Associated PressAsked what he based such claims on, he cited a report issued last year by Michael J. Gableman, a former Wisconsin judge who was hired, and later fired, by the Republican speaker of the Wisconsin State Assembly, Robin Vos. The report endorsed a host of debunked claims. He also cited the deeply flawed documentary “2000 Mules,” directed by Dinesh D’Souza, a conservative activist who once pleaded guilty to felony campaign finance fraud. (He was later pardoned by Mr. Trump.)In recent weeks, Mr. Eastman has continued to assert himself as a far-right stalwart, signing a letter endorsing dissident Republicans’ ultimately failed efforts to block Representative Kevin McCarthy of California from becoming speaker of the House. Among the other signatories to the letter was Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, for whom Mr. Eastman once clerked. In her own testimony to the Jan. 6 committee, Ms. Thomas referred to Mr. Eastman as “an active participant with the ‘Thomas clique’ clerks” who keep in touch.Perhaps Mr. Eastman’s most immediate potential exposure comes in the criminal investigation into election interference in Fulton County, Ga., which encompasses most of Atlanta. One of Mr. Eastman’s lawyers said last year that his client was “probably a target” in the inquiry, but his lawyers said this month that he had received no notification that he is one.Robert Sinners, the Trump campaign’s state director of Election Day operations in Georgia, testified to the Jan. 6 committee that he later felt “ashamed” at having taken part in the plan orchestrated by Mr. Eastman and Rudolph W. Giuliani, Mr. Trump’s personal lawyer, to assemble bogus slates of Trump electors in Georgia and other states that Mr. Trump had lost.“I don’t think Rudy Giuliani’s intent was ever about legal challenges,” he said. “It was clear to me that he was working with folks like John Eastman and wanted to put pressure on the vice president to accept these slates of electors just regardless, without any approval from a governor, without any approval from, you know, the voters or a court, or anything like that.”Clark D. Cunningham, a professor at Georgia State University College of Law, said in an email that “if Sinner’s testimony, or similar testimony, is deemed credible, then John Eastman faces considerable risk of prosecution.”“If Eastman was part of a conspiracy to trick Georgia citizens into signing false election documents, neither his role as an attorney nor a personal belief that election results were tainted by fraud could justify such criminal conduct,” he added.In addition to his central role in the electors plan, Mr. Eastman appeared remotely before a Georgia State Senate panel on Dec. 3, 2020, and made several false claims about the election. Among them was the assertion that “the number of underaged individuals who were allowed to register” in the state “amounts allegedly up to approximately 66,000 people.”Asked about the claim during the interview last month, Mr. Eastman said that he had relied on a consultant who made an error that was later corrected, and that the actual number was about 2,000 who “were only 16 when they registered.” The new figure, he said, came from the same consultant. In a statement, the Georgia Secretary of State’s office said that “the system literally does not allow a person to register if they don’t have a birth date that makes them at least 17.5 years old.”A review of the data used by Mr. Eastman showed that he was referring to any Georgians who were recorded as having registered early going back to the 1920s; data entry errors appeared to be a common culprit, with many people’s registration year listed in place of their birth year. A review by The Times found only about a dozen Georgians who were recorded as having registered in 2020 when they were 16, in what appeared most likely to be another data-entry problem. Norman Eisen, special counsel to the House Judiciary Committee during the first Trump impeachment and co-author of a lengthy report on the Fulton County inquiry, said Mr. Eastman “was referred for criminal prosecution by the Jan. 6 committee, with good reason,” adding that if charges are brought in Georgia “it’s hard to imagine that D.A. Fani Willis does not include him.”Jack Begg More

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    ‘You Don’t Negotiate With These Kinds of People’

    Over the past eight years, the Republican Party has been transformed from a generally staid institution representing the allure of low taxes, conservative social cultural policies and laissez-faire capitalism into a party of blatant chaos and disruption.The shift has been evident in many ways — at the presidential level, as the party nominated Donald Trump not once but twice and has been offered the chance to do so a third time; in Trump’s — and Trump’s allies’ — attempt to overturn the 2020 election results; in his spearheading of the Jan. 6 assault on the Capitol; and most recently in the brutal series of votes from Jan. 3 to Jan. 7 in the House of Representatives, where 20 hard-right members held Kevin McCarthy hostage until he cried uncle and was finally elected speaker.What drives the members of the Freedom Caucus, who have wielded the threat of dysfunction to gain a level of control within the House far in excess of their numbers? How has this group moved from the margins to the center of power in less than a decade?Since its founding in 2015, this cadre has acquired a well-earned reputation for using high-risk tactics to bring down two House speakers, John Boehner and Paul Ryan. During the five-day struggle over McCarthy’s potential speakership, similar pressure tactics wrested crucial agenda-setting authority from the Republican leadership in the House.“You don’t negotiate with these kinds of people,” Representative Mike Rogers, Republican of Alabama and chairman of the Armed Services Committee, declared as the saga unfolded. “These are legislative terrorists.”“We have grifters in our midst,” Representative Dan Crenshaw, Republican of Texas, told the Texas Liberty Alliance PAC.One of the key factors underlying the extremism among Republicans in the House and their election denialism — which has confounded American politics since it erupted in 2020 — is racial tension, not always explicit but nonetheless omnipresent, captured in part by the growing belief that white Americans will soon be in the minority.As Jack Balkin of Yale Law School noted, “The defenders of the old order have every incentive to resist the emergence of a new regime until the bitter end.”In his paper “Public Opinion Roots of Election Denialism,” published on Jan. 6, the second anniversary of the storming of the Capitol, Charles Stewart III, a political scientist at M.I.T., argues that “among Republicans, conspiracism has a potent effect on embracing election denialism, followed by racial resentment.”According to Stewart’s calculations, “a Republican at the 10th percentile of the conspiracism scale has a 55.7 percent probability of embracing election denialism, compared to a Republican at the 90th percentile, at 86.6 percent, over 30 points higher. A Republican at the 10th percentile on the racial resentment scale has a 59.4 percent probability of embracing denialism, compared to 83.2 percent for a Republican at the 90th percentile on the same scale.”In other words, the two most powerful factors driving Republicans who continue to believe that Trump actually won the 2020 election are receptivity to conspiracy thinking and racial resentment.“The most confirmed Republican denialists,” Stewart writes, “believe that large malevolent forces are at work in world events, racial minorities are given too much deference in society and America’s destiny is a Christian one.”Along parallel lines, Neil Siegel, a law professor at Duke, argues in his 2021 article “The Trump Presidency, Racial Realignment and the Future of Constitutional Norms,” that Donald Trump “is more of an effect than a cause of larger racial and cultural changes in American society that are causing Republican voters and politicians to perceive an existential threat to their continued political and cultural power — and, relatedly, to deny the legitimacy of their political opponents.”In this climate, Siegel continues, “It is very unlikely that Republican politicians will respect constitutional norms when they deem so much to be at stake in each election and significant governmental decision.”These developments draw attention to some of the psychological factors driving politics and partisan competition.In a 2020 paper, “Dark Necessities? Candidates’ Aversive Personality Traits and Negative Campaigning in the 2018 American Midterms,” Alessandro Nai and Jürgen Maier, political scientists at the University of Amsterdam and the University of Koblenz-Landau in Germany, argue that the role of subclinical “psychopathy” is significant in the behavior of a growing number of elected officials:Psychopaths usually show “a cognitive bias towards perceiving hostile intent from others” and are impulsive, prone to callous social attitudes, and show a strong proclivity for interpersonal antagonism. Individuals high in psychopathy do not possess the ability to recognize or accept the existence of antisocial behaviors, and thus should be expected to more naturally adopt a more confrontational, antagonistic and aggressive style of political competition. Individuals high in psychopathy have been shown to have more successful trajectories in politics. They are furthermore often portrayed as risk-oriented agents. In this sense, we could expect individuals that score high in psychopathy to make a particularly strong use of attacks, regardless of the risk of backlash effects.Narcissism, Nai and Maier continue,has been shown to predict more successful political trajectories, also due to the prevalence of social dominance intrinsic in the trait. Narcissism is, furthermore, linked to overconfidence and deceit and hyper competitiveness, which could explain why narcissists are more likely to engage in angry/aggressive behaviors and general incivility in their workplace. Narcissism is furthermore linked to reckless behavior and risk-taking and thus individuals high in this trait are expected to disregard the risk of backlash effects.Nai and Maier also refer to a character trait they consider politically relevant, Machiavellianism, which they describe as havingan aggressive and malicious side. People high in Machiavellianism are “characterized by cynical and misanthropic beliefs, callousness, a striving for argentic goals (i.e., money, power, and status), and the use of calculating and cunning manipulation tactics,” and in general tend to display a malevolent behavior intended to “seek control over others.”In an email, Nai argued that structural and ideological shifts have opened the door to “a greater tolerance and preference for political aggressiveness.” First, there is the rise of populism, which “strongly relies on a very aggressive stance against established elites, with a more aggressive style and rhetoric.”“Populists,” Nai added, “are very peculiar political animals, happy to engage in more aggressive rhetoric to push the boundaries of normality. This helps them getting under the spotlight, and explains why they seem to have a much greater visibility (and perhaps power) than they numerically should.”Second, Nai contended thata case can be made that contemporary politics is the realm of politicians with a harsh and uncompromising personality (callousness, narcissism, and even Machiavellianism). Trump, Bolsonaro, Duterte, all share a rather “nasty” character, which seems indicative of a contemporary preference for uncompromising and aggressive leaders. Such political aggressiveness (populism, negativity, incivility, dark personality) is perfectly in character for a political system characterized with high polarization and extreme dislike for political opponents.Other scholars emphasize the importance of partisan polarization, anti-elitism and the rise of social media in creating a political environment in which extremists can thrive.“There are likely a few factors at play here,” Jay Van Bavel, a professor of psychology and neural science at N.Y.U., wrote by email. “The first is that ideologically extreme people tend to be more dogmatic — especially people who are on the far right.”He cited a 2021 national survey that he and Elizabeth Harris, a postdoctoral fellow at the University of Pennsylvania, conducted that “found that conservatism and ideological extremity both contributed to an unwillingness to compromise.”The members of the Freedom Caucus, Van Bavel noted,tend to be ideologically extreme conservatives which makes them very good candidates for this type of rigid and extreme thinking. We also found that politically extreme individuals were more likely to have a sense of belief superiority. These traits help explain why this group is very unwilling to cooperate or strike a political compromise.Three years ago, I wrote a column for The Times about a segment of the electorate — and a faction of elected officials — driven by “a need for chaos,” based on the work of Michael Bang Petersen and Mathias Osmundsen, political scientists at Aarhus University in Denmark, and Kevin Arceneaux, a political scientist at Sciences Po in Paris. Since then, the three, joined by Timothy B. Gravelle, Jason Reifler and Thomas J. Scotto, have updated their work in a 2021 paper, “Some People Just Want to Watch the World Burn: The Prevalence, Psychology and Politics of the ‘Need for Chaos.’”In their new paper, they argue:Some people may be motivated to seek out chaos because they want to rebuild society, while others enjoy destruction for its own sake. We demonstrate that chaos-seekers are not a unified political group but a divergent set of malcontents. Multiple pathways can lead individuals to “want to watch the world burn.”The distinction between those seeking chaos to fulfill destructive impulses and those seeking chaos in order to rebuild the system is crucial, according to the authors:The finding that thwarted status-desires drive a Need for Chaos, which then activates support for political protest and violence, suggests that a Need for Chaos may be a key driver of societal change, both currently and historically. While some simply want to “watch the world burn,” others want to the see a new world rebuilt from the ashes.There are, the authors continue,both nihilists and those who have a purpose. Nonetheless, owing to the destructive force of a high Need for Chaos, one of the key challenges of contemporary societies is indeed to meet, recognize and, to the extent possible, alleviate the frustrations of these individuals. The alternative is a trail of nihilistic destruction.In a more recent paper, published last year, “The ‘Need for Chaos’ and Motivations to Share Hostile Political Rumors,” Petersen, Osmundsen and Arceneaux found that the need for chaos “is significantly higher among participants who readily take risks to obtain status and among participants who feel lonely.” At the extreme, the need surpasses partisanship: “For chaos-seekers, political sympathies toward political parties appear to matter little for sharing decisions; instead, what matters is that rumors can be used as an instrument to mobilize against the entire political establishment.”The authors found that “the need for chaos is most strongly associated with worries about losing one’s own position in the social hierarchy and — to a lesser, but still significant extent — the perception that one is personally being kept back from climbing the social status ladder,” noting that “white men react more aggressively than any other group to perceived status challenges.”Van Bavel wrote by email that instead of focusing on a need for chaos, he believes “it might be simpler to assume that they are simply indifferent to chaos in the service of dogmatism. You see some of this on the far left — but we found that it simply doesn’t reach the same extremes as the far right.”Van Bavel pointed to the structural aspects of the contemporary political system that reward the adoption of extreme stances:In the immediate political context, where there is extremely high polarization driven by partisan animosity, there are strong social media incentives to take extreme stances, and an unwillingness for moderate Republicans to break ranks and strike a compromise with Democrats. In this context, the Freedom Caucus can get away with dogmatic behavior without many serious consequences. Indeed, it might even benefit their national profile, election prospects, and fund-raising success.Along similar lines, Jonathan Haidt, a social psychologist at N.Y.U., stressedthe rapid change in audience and incentives that social media has engineered for congresspeople. The case of Ted Cruz, caught checking his mentions as he sat down from giving a speech on the Senate floor, is illustrative. Why is he making himself so responsive to strangers on Twitter, rather than to his constituents, or to his colleagues in the Senate?Haidt wrote by email that he agrees with Yuval Levin, a senior fellow at the American Enterprise Institute, that:Social media has contributed to the conversion of our major institutions from formative (they shape character) to performative (they are platforms on which influencers can perform to please and grow their audiences). When we add in the “primary problem” — that few congressional races are competitive, so all that matters is the primary, which gives outsized influence to politically extreme voters — we have both a road into Congress for social media influencers and the ultimate platform for their performances.Plus, Haidt added:The influence economy may give them financial and career independence; once they are famous, they don’t need to please their party’s leadership. They’ll have opportunities for money and further influence even if they leave Congress.Leanne ten Brinke, a professor of psychology at the University of British Columbia, wrote by email:My research on power and politics focuses on the role of psychopathic personality traits, which is characterized by callousness, manipulation/coercion, impulsivity, and a desire for dominance. When people think of psychopathy they often think of criminals or serial killers, but these traits exist on a continuum, so people can be “high” in these traits without meeting any kind of clinical cutoff, and it will impact the way they move through the world. People with high levels of these traits tend to gravitate toward powerful roles in society to fulfill that desire for dominance and to bully others when in these roles.Brinke noted that she has “no data on the personalities of those in the House Freedom Caucus,” but in “previous research we actually found that U.S. senators who display behaviors consistent with psychopathy were more likely to get elected (they are great competitors!) but are less likely to garner co-sponsors on their bills (they are terrible cooperators!).” In addition, Brinke continued, “they enjoy having power over others, but don’t use it to make legislative progress. They tend to be more self-interested than other-interested.”In a separate 2020 paper, “Light and Dark Trait Subtypes of Human Personality,” by Craig S. Neumann, Scott Barry Kaufman, David Bryce Yaden, Elizabeth Hyde, Eli Tsukayama and Brinke, the authors find:The light subtype evidenced affiliative interpersonal functioning and greater trust in others, as well as higher life satisfaction and positive self-image. The dark subtype reflected interpersonal dominance, competitiveness, and aggression. In both general population samples, the dark trait subtype was the least prevalent. However, in a third sample of U.S. senators (N =143), based on observational data, the dark subtype was most prevalent and associated with longer tenure in political office, though less legislative success.In a separate 2019 paper, “The Light vs. Dark Triad of Personality: Contrasting Two Very Different Profiles of Human Nature,” Kaufman, Yaden, Hyde and Tsukayama wrote that dark personalities are “not associated with exclusively adverse and transgressive psychosocial outcomes” and may, instead, “be considered adaptive.”Those with the more forbidding personal characteristics “showed positive correlations with a variety of variables that could facilitate one’s more agentic-related goals” and they “positively correlated with utilitarian moral judgment and creativity, bravery, and leadership, as well as assertiveness, in addition to motives for power, achievement, and self-enhancement.”In contrast, more sunny and cooperative dispositions were “correlated with greater ‘reaction formation,’ which consisted of the following items: ‘If someone mugged me and stole my money, I’d rather he be helped than punished’ and ‘I often find myself being very nice to people who by all rights I should be angry at.’ While having such ‘lovingkindness’ even for one’s enemies is conducive to one’s own well-being, these attitudes” could potentially make these people “more open to exploitation and emotional manipulation.”In March 2022, Richard Pildes, a law professor at N.Y.U., warned in “Political Fragmentation in Democracies of the West”:The decline of effective government throughout most Western democracies poses one of the greatest challenges democracy currently confronts. The importance of effective government receives too little attention in democratic and legal theory, yet the inability to deliver effective government can lead citizens to alienation, distrust, and withdrawal from participation, and worse, to endorse authoritarian leaders who promise to cut through the dysfunctions of democratic governments.For the Republican Party, the empowerment of the Freedom Caucus will face its first major test of viability this month. According to Janet Yellen, secretary of the Treasury, the United States will hit the $31.4 trillion statutory debt limit on Jan. 19. The Treasury, she continued, would then be forced to adopt stringent cash-management procedures that could put off default until June.At the moment, House Republicans, under pressure from the Freedom Caucus, are demanding that legislation raising the debt ceiling be accompanied by sharp spending cuts. That puts them at loggerheads with the Biden administration and many members of the Senate Democratic majority, raising the possibility of a government shutdown.In other words, the takeover of the Republican Party by politicians either participating in or acceding to tribalism and chaos has the clear potential in coming weeks to put the entire nation at risk.Looking past the debt ceiling to the 2024 elections, Richard L. Hasen, a law professor at U.C.L.A., writes in the April 2022 Harvard Law Review:The United States faces a serious risk that the 2024 presidential election, and other future U.S. elections, will not be conducted fairly and that the candidates taking office will not reflect the free choices made by eligible voters under previously announced election rules. The potential mechanisms by which election losers may be declared election winners are: (1) usurpation of voter choices for president by state legislatures purporting to exercise constitutional authority, possibly with the blessing of a partisan Supreme Court and the acquiescence of Republicans in Congress; (2) fraudulent or suppressive election administration or vote counting by law- or norm-breaking election officials; and (3) violent or disruptive private action that prevents voting, interferes with the counting of votes, or interrupts the assumption of power by the actual winning candidate.What, one has to ask, does this constant brinkmanship and playing to the gallery do to democracy generally?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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    In Pennsylvania, the 2020 Election Still Stirs Fury. And a Recount.

    Election deniers in Lycoming County convinced officials to conduct a 2020 recount, a three-day undertaking that showed almost no change, but left skeptics just as skeptical.WILLIAMSPORT, Pa. — On the 797th day after the defeat of former President Donald J. Trump, a rural Pennsylvania county on Monday began a recount of ballots from Election Day 2020.Under pressure from conspiracy theorists and election deniers, 28 employees of Lycoming County counted — by hand — nearly 60,000 ballots. It took three days and an estimated 560 work hours, as the vote-counters ticked through paper ballots at long rows of tables in the county elections department in Williamsport, a place used to a different sort of nail-biter as the home of the Little League World Series.The results of Lycoming County’s hand recount — like earlier recounts of the 2020 election in Wisconsin, Georgia and Arizona — revealed no evidence of fraud. The numbers reported more than two years ago were nearly identical to the numbers reported on Thursday.A ballot cast for former President Donald J. Trump that was part of the county’s recount.Kriston Jae Bethel for The New York TimesMr. Trump ended up with seven fewer votes than were recorded on voting machines in 2020. Joseph R. Biden Jr. had 15 fewer votes. Overall, Mr. Trump gained eight votes against his rival. The former president, who easily carried deep-red Lycoming County in 2020, carried it once again with 69.98 percent of the vote — gaining one one-hundredth of a point in the recount.Did that quell the doubts of election deniers, who had circulated a petition claiming there was a likelihood of “rampant fraud” in Lycoming in 2020?It did not.“This is just one piece of the puzzle,” said Karen DiSalvo, a lawyer who helped lead the recount push and who is a local volunteer for the far-right group Audit the Vote PA. “We’re not done.”Forrest Lehman, the county director of elections, oversaw the recount but opposed it as a needless bonfire of time, money and common sense. He sighed in his office on Friday.“It’s surreal to be talking about 2020 in the present tense, over two years down the road,” he said. He attributed the slight discrepancies between the hand recount and voting machine results to human error in reading ambiguous marks on the paper ballots.Lycoming County’s recount was part of the disturbing trend of mistrust in elections that has become mainstream in American politics, spurred by the lies of Mr. Trump and his supporters. Amid the Appalachian ridges in north-central Pennsylvania, such conspiracy theories have firmly taken hold.The county’s election professionals spent months responding to the arguments of the election deniers in public hearings and fielding their right-to-know requests for the minutiae of voting records. Mr. Lehman said he did not think an encounter with the facts would change the views of some people.“You close one election-denying door, they’ll open a window,” he said.Mr. Trump hosted a campaign rally in Lycoming County at the Williamsport Regional Airport in October 2020. Anna Moneymaker for The New York TimesOne of the residents who pushed for the hand recount, Jeffrey J. Stroehmann, the former chair of Mr. Trump’s 2020 campaign in Lycoming County, said he was happy the results matched the 2020 voting machine counts, though he said other questions needed to be addressed.“Our goal from Day 1 when we approached the commissioners, we said our goal here is not to find fraud — if we find it, we’ll fix it — we just want to restore voter confidence,” said Mr. Stroehmann, a founder of the far-right Lycoming Patriots group.He and Ms. DiSalvo were inspired by the debunked claims of a retired Army officer named Seth Keshel, who gained attention in 2021 with the assertion that there were 8 million “excess votes” cast for Mr. Biden. His analysis has been dismissed by professors at Harvard, the University of Georgia and the Massachusetts Institute of Technology.A petition circulated by Ms. DiSalvo and Mr. Stroehmann noted that registered Republicans grew their numbers in Lycoming County compared with Democrats from 2016 to 2020, but that Mr. Biden managed to win more votes than Hillary Clinton. Election deniers found this suspicious.“If Republicans GAINED voters and Democrats LOST voters — why did Biden receive 30% MORE votes in the November 2020 election than Hillary Clinton did in 2016?” their petition asked.Mr. Lehman called the argument nonsensical. Party registration does not dictate how someone will vote, he said. Mr. Biden outperformed Mrs. Clinton in nearly every Pennsylvania county in the 2020 election. Mr. Trump also raised his vote totals in the county by 16 percent.“The voters’ unpredictability — it makes democracy both majestic and messy,” Mr. Lehman told county commissioners at a hearing last year. The commission ultimately approved the recount two to one, along partisan lines.Mr. Lehman monitoring ballots being recounted in Williamsport on Wednesday.Pat Crossley/Williamsport Sun-GazetteElection officials at every level have been harassed and vilified since 2020, when election conspiracists echoing Mr. Trump blamed officials and helped inspire the “Stop the Steal” movement. On an election conspiracy show that was streamed on Rumble, Mr. Stroehmann called for an investigation into Mr. Lehman, who he said is “part of the steal.”“Our director of voter services is playing for the other team,” Mr. Stroehmann said on the show. “He’s as liberal as the day is long.”Richard Mirabito, a Lycoming County commissioner who is a Democrat, said there was no evidence whatsoever of wrongdoing by Mr. Lehman. “He’s held in the highest esteem of integrity,” he said. “Those kinds of statements undermine the confidence of people in our system.”Mr. Mirabito voted against the recount but was overruled by the two Republicans on the board. Scott L. Metzger, a Republican and the chair of the county commission, also vouched for Mr. Lehman. “He’s done an outstanding job,’’ he said. After the 2022 midterms, requests for recounts in Pennsylvania races that were not close inundated counties, delaying the certification of some results. In Arizona and New Mexico, rural county commissions held up certifying primary or general election results last year.Across the country, a wave of Trump-backed election conspiracists who ran for statewide offices with control over voting lost their races. But some election deniers won races at the local level, where pressure by activists on officials has a better chance of yielding results.Officials in Lycoming County, a rural area of north-central Pennsylvania, were still estimating the final cost of the recount.Kriston Jae Bethel for The New York TimesMr. Metzger — one of the two Republicans on the commission who approved the recount — said that he voted for it after thousands of people signed petitions, and others approached him on the street saying they didn’t want to vote because they distrusted the system. Now that the recount matched what voting tabulator machines showed in 2020 and that there was no evidence of fraud, Mr. Metzger said, it was time to move on. “As far as I’m concerned, I’m done with it,” he said.Before the commissioners voted for the recount, Ms. DiSalvo and Mr. Stroehmann presented the results of what they called a door-to-door canvass of some county residences. The canvassing was conducted by volunteers from Audit the Vote PA, a group founded in 2021 under the false belief that Mr. Trump, not Mr. Biden, won Pennsylvania.Canvassers claimed to have found multiple “anomalies,” including votes that were tabulated from people in nursing homes who did not recall voting, as well as people who said they had voted, though there was no record of it.Mr. Lehman said he and his staff addressed each case. For those in nursing homes, the election office pulled records showing they had returned a mail ballot with their signature on the envelope. The canvass, he said, lacked rigor, adding that he was not surprised some people might have claimed to have voted in a face-to-face interview when they actually had not.Election deniers have no plans to stand down. They have requested reams of documents that they believe will expose fraud once and for all.“We’ve received a series of crazy records requests,” Mr. Lehman said. “You can quote me. They are insane.”Stacks of boxes containing ballots from the 2020 election, which are stored in a secure room of the county’s elections department. Kriston Jae Bethel for The New York TimesElection deniers asked for copies of every application for a mail ballot, requiring Mr. Lehman and his staff to laboriously redact all personal information. They are pressing for copies of every ballot cast on Election Day 2020, and they have gone to court to seek digital data from the voting machines at each of the 81 county precincts.Though observers from both parties watched the hand recount this week, Ms. DiSalvo raised questions about the process, including that Mr. Lehman oversaw the adding up of the recounted votes.“We asked to see the tally sheets before the final processing and were denied,” Ms. DiSalvo said, referring to the paperwork used by ballot counters. The elections director, she added, had a “vested interest in making sure the numbers aligned.”Her group has filed a right-to-know request for the hand-count tally sheets.Mr. Lehman, a former Eagle Scout and teacher, displays two iconic photographs in his office. One shows Harry S. Truman in 1948 holding aloft the famously erroneous “Dewey Defeats Truman” newspaper headline. The other shows Lyndon Johnson solemnly taking the oath of office on Air Force One in 1963 following the assassination of President Kennedy.“They’re both transitions of power,” Mr. Lehman said. “One is comic, the other tragic. We’ve managed to process them both as a country. I don’t know which category to put 2020 in. We need to get back to a place where we can process the outcomes of elections in a constructive, healthy way.” More

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    Kellyanne Conway: The Case for and Against Trump

    Donald J. Trump shocked the world in 2016 by winning the White House and becoming the first president in U.S. history with no prior military or government experience. He upended the fiction of electability pushed by pundits, the news media and many political consultants, which arrogantly projects who will or will not win long before votes are cast. He focused instead on capturing a majority in the Electoral College, which is how a candidate does or does not win. Not unlike Barack Obama eight years earlier, Mr. Trump exposed the limits of Hillary Clinton’s political inevitability and personal likability, connected directly with people, ran an outsider’s campaign taking on the establishment, and tapped into the frustrations and aspirations of millions of Americans.Some people have never gotten over it. Trump Derangement Syndrome is real. There is no vaccine and no booster for it. Cosseted in their social media bubbles and comforted within self-selected communities suffering from sameness, the afflicted disguise their hatred for Mr. Trump as a righteous call for justice or a solemn love of democracy and country. So desperate is the incessant cry to “get Trump!” that millions of otherwise pleasant and productive citizens have become naggingly less so. They ignore the shortcomings, failings and unpopularity of President Biden and Vice President Kamala Harris and abide the casual misstatements of an administration that says the “border is secure,” inflation is “transitory,” “sanctions are intended to deter” Putin from invading Ukraine and they will “shut down the virus.” They’ve also done precious little to learn and understand what drives the 74 million fellow Americans who were Trump-Pence voters in 2020 and not in the U.S. Capitol on Jan. 6, 2021.The obsession with Mr. Trump generates all types of wishful thinking and projection about the next election from both his critics (“He will be indicted!”) and his supporters (“Is he still electable?”). None of that is provable, but this much is true: Shrugging off Mr. Trump’s 2024 candidacy or writing his political obituary is a fool’s errand — he endures persecution and eludes prosecution like no other public figure. That could change, of course, though that cat has nine lives.At the same time, it would also be foolish to assume that Mr. Trump’s path to another presidency would be smooth and secure. This is not 2016, when he and his team had the hunger, swagger and scrappiness of an insurgent’s campaign and the “history be damned” happy warrior resolve of an underestimated, understaffed, under-resourced effort. It’s tough to be new twice.Unless what’s old can be new again. Mr. Trump’s track record reminds Republican primary voters of better days not that long ago: accomplishments on the economy, energy, national security, trade deals and peace deals, the drug crisis and the southern border. He can also make a case — one that will resonate with Republicans — about the unfairness and hypocrisy of social media censorship and alleged big tech collusion, as recent and ongoing revelations show. Mr. Trump, as a former president, can also be persuasive with Republican primary voters and some independents in making a frontal attack on the Biden administration’s feckless management of the economy, reckless spending and lack of urgency and competence on border control and crime.Maddie McGarvey for The New York TimesAccomplishing this will not be easy. Mr. Trump has both political assets to carry him forward and political baggage holding him back. For Mr. Trump to succeed, it means fewer insults and more insights; a campaign that centers on the future, not the past, and that channels the people’s grievances and not his own; and a reclamation of the forgotten Americans, who ushered him into the White House the first time and who are suffering economically under Mr. Biden.A popular sentiment these days is, “I want the Trump policies without the Trump personality.” It is true that limiting the name-calling frees up time and space for persuasion and solutions. Still, it may not be possible to have one without the other. Mr. Trump would remind people, it was a combination of his personality and policies that forced Mexico to help secure our border; structured new trade agreements and renewed manufacturing, mining and energy economies; pushed to get Covid vaccines at warp speed; engaged Kim Jong-un; played hardball with China; routed ISIS and removed Qassim Suleimani, Iran’s most powerful military commander; forced NATO countries to increase their defense spending and stared down Vladimir Putin before he felt free to invade Ukraine.When it comes to Donald J. Trump, people see what they wish to see. Much like the audio debate a few years ago, “Do you hear ‘Laurel’ or ‘Yanny’?,” what some perceive as an abrasive, scornful man bent on despotism, others see a candid, resolute leader unflinchingly committed to America’s interests.The case against Trump 2024 rests in some combination of fatigue with self-inflicted sabotage; fear that he cannot outrun the mountain of legal woes; the call to “move on”; a feeling that he is to blame for underwhelming Republican candidates in 2022; and the perception that other Republicans are less to blame for 2022 and have more recent records as conservative reformers.He also won’t have the Republican primary field — or the debate stage — to himself. If one person challenges Mr. Trump, it is likely five or six will jump into the race and try to test him, too. Possible primary challengers to Mr. Trump include governors with impressive records and huge re-election victories like such governors as Ron DeSantis of Florida, Kim Reynolds of Iowa and Greg Abbott of Texas; those who wish to take on Mr. Trump frontally and try to move the party past him, like Gov. Brian Kemp of Georgia and former Gov. Chris Christie of New Jersey; those who can lay legitimate claim to helping realize Trump-era accomplishments like former Vice President Mike Pence and former Secretary of State Mike Pompeo; others who wish to expand the party’s recent down-ballot gains in racial and gender diversity to the presidential level, like former Gov. Nikki Haley and Senator Tim Scott, both of South Carolina.These are serious and substantive men and women, all of whom would be an improvement over Mr. Biden. For now, though, these candidates are like a prospective blind date. Voters and donors project onto them all that they desire in a perfect president, but until one faces the klieg lights, and is subjected to raw, relentless, often excessive scrutiny, and unfair and inaccurate claims, there is no way to suss out who possesses the requisite metal and mettle.The main talking point against Trump 2024 seems to be that Trump 2022 underperformed and that it left him a less-feared and less-viable candidate. Mr. Trump boasts that his general election win-loss record was 233-20 and that he hosted some 30 rallies in 17 states and more than 50 fund-raisers for candidates up for re-election, and participated in 60 TeleRallies and raised nearly $350 million in the 2022 cycle for Republican candidates and committees.Republican voters should be pleased that Mr. Trump and other Republican luminaries showed up and spoke up in the midterms. Mr. Trump wasn’t the only one who campaigned for unsuccessful candidates. Mr. DeSantis rallied in person for Kari Lake, Doug Mastriano and Tim Michels. Mr. Pence, Ms. Haley, and Mr. Pompeo endorsed Don Bolduc, for example. Even the Senate minority leader, Mitch McConnell, seemed warm and hopeful about a few of the U.S. Senate candidates who came up short. In October 2021 Mr. McConnell claimed, “Herschel [Walker] is the only one who can unite the party, defeat Senator Warnock,” and in August 2022, “I have great confidence. I think [Mehmet] Oz has a great shot at winning [in Pennsylvania].”Damon Winter/The New York TimesContrast that to Joe Biden, who was unpopular and unwelcome on the campaign trail in the midterm elections. For seven years Mr. Trump hasn’t stopped campaigning, while one could say that Mr. Biden, who stuck close to home for much of 2020 and did relatively little campaigning in 2022, never truly started. It will be tough for Mr. Biden and Ms. Harris to avoid active campaigning when “Biden” and “Harris” are on the ballot.Any repeat by the 2024 Trump campaign of the disastrous mistakes in personnel, strategy and tactics of the 2020 Trump campaign may lead to the same 2020 result. With roughly $1.6 billion to spend and Joe Biden as the opponent, the 2020 election should have been a blowout. Instead, they proved the adage that the fastest way to make a small fortune is to have a very large one and waste most of it.Mr. Trump lost support among older voters, white men, white voters with a college degree, and independents, though he increased his vote share across notable demographics like Hispanics and Blacks. One wild card: Will the undercover, hidden 2016 Trump voter, those who wish to keep their presidential pick private from pollsters, return in 2024?Republicans must also invest in and be vocal about early voting. This is a competition for ballots, not just votes. As ridiculous as it was to vote nearly two months before Election Day and count the votes for three weeks thereafter, some of the state-based Covid-compelled measures for voting are now permanent. If these are the rules, adapt or die politically.Mr. Biden, for his part, will have his own record to run on, typical advantages of incumbency, powerful campaign surrogates who will join him in making the presidential race a referendum on Mr. Trump, and persistent calls for a third-party candidate who as a spoiler could do for Mr. Biden what Ross Perot did for Bill Clinton in 1992 — deliver the presidency to the Democrat with less than 45 percent of the popular vote.Whether the 2024 presidential election is a cage match rematch of Mr. Biden and Mr. Trump, or a combination of other candidates remains to be seen. Each of them has defied the odds and beat more than a dozen intraparty rivals to win their respective primaries. Each of them now faces calls for change, questions about the handling of classified documents and questions about age. For voters, vision matters. Winning the presidency is hard. Only 45 men (one twice) have been president. Hundreds have tried, many of them being told, “You can win!” even as they lost. Success lies in having advisers who tell you what you need to know, not just what you want to hear. And in listening to the people, who have the final say.Kellyanne Conway is a Republican pollster and political consultant who was Donald J. Trump’s campaign manager in 2016 and senior counselor to President Trump from 2017 to 2020. She is not affiliated with his 2024 presidential campaign.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.

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    Lawyers Who Investigated Trump Start Firm to Combat Threats to Democracy

    Mark F. Pomerantz, Carey R. Dunne and Michele Roberts, the former head of the N.B.A. players union, will launch a pro bono law firm, the Free and Fair Litigation Group.Last year, Mark F. Pomerantz and Carey R. Dunne were leading the Manhattan district attorney’s investigation into Donald J. Trump’s business practices.Now, they have turned their attention to a broader phenomenon that they say the former president represents: threats to democracy in the United States.Mr. Pomerantz and Mr. Dunne, who resigned last year when the district attorney decided not to seek an indictment of Mr. Trump, said they have formed a pro bono law firm that aims to stem the tide of anti-democratic policies proliferating around the country. The firm — the Free and Fair Litigation Group, which opens its doors this week — is also led by Michele A. Roberts, the former head of the union that represents professional basketball players.All three founders have extensive experience as litigators, and they plan to defend policies they see as just and bring lawsuits challenging those they believe are undemocratic, the three founding partners said in an interview. Their work will initially focus on voting rights, gun control and free speech.“As I see it, we’re now faced with not just one politician, but really with a national movement that’s aimed at rolling back decades of rights and constitutional principles,” Mr. Dunne said.In the two years since Mr. Trump’s false claims that the 2020 election had been stolen helped spark a violent riot at the Capitol, election denial has only grown within the Republican Party. Mr. Trump is once again a leading contender for president, and the House is in the hands of Republicans — many of whom voted against certifying President Biden’s election victory.Against that backdrop of deep political polarization, it remains to be seen how much of the new firm’s ambitious agenda can be accomplished, particularly if its cases reach a Supreme Court that has taken a sharp rightward turn.Michele Roberts, the former executive director of the N.B.A. players union, is an experienced litigator.Gabriella Demczuk for The New York TimesThe three founders will take no salary, and the firm will do all its work for free. They expect to hire a small staff of lawyers — no more than eight employees, including one who recently served as a federal prosecutor — and partner with a number of larger law firms. The firm, a nonprofit, will solicit outside donations from foundations and small donors alike.The new firm differs from larger groups like the American Civil Liberties Union and the Brennan Center for Justice, which conduct lobbying and research in addition to their work in court, because of its singular focus on litigation.The venture was a product of serendipitous timing: three busy lawyers who found themselves with nothing on their dockets in the spring of last year.Ms. Roberts, an experienced litigator, had just retired as executive director of the N.B.A. Players Association. Mr. Pomerantz, a well-known defense lawyer who also served as the criminal division chief at the U.S. attorney’s office in Manhattan, came out of retirement in early 2021 to lead the district attorney’s investigation into Mr. Trump. He resigned in February of last year, as did Mr. Dunne, another prominent litigator who oversaw the Trump investigation and successfully argued before the U.S. Supreme Court twice in the fight over a subpoena for Mr. Trump’s tax returns.Although Mr. Pomerantz and Mr. Dunne had begun to present evidence to a grand jury about the former president’s business practices by early last year, the new district attorney, Alvin L. Bragg, developed concerns about proving the case and decided not to seek to indict Mr. Trump at that time, prompting the resignations. The investigation, which began under the prior district attorney, Cyrus R. Vance Jr., is now continuing under Mr. Bragg, who also recently secured the conviction of Mr. Trump’s company.Carey Dunne won a Supreme Court decision that gave Manhattan prosecutors access to Donald Trump’s tax returns.Jefferson Siegel for The New York TimesWhile the new law firm currently has no plans to take on Mr. Trump directly, its mission was in some sense inspired by his influence over the Republican Party and the Supreme Court, to which he appointed three conservative justices.“Trump is obviously the poster boy for increased authoritarianism,” said Mr. Pomerantz, who has written a book about his time investigating Mr. Trump that Simon & Schuster announced on Wednesday would be published in February. “He personifies the problem, but he’s far from the only manifestation of the problem.”For his part, Mr. Trump has slammed Mr. Pomerantz publicly, calling him a “low-life attorney” who “is a ‘Never Trumper’ and a Hillary Clinton sycophant.”The firm’s first case involves gun control policies under attack in the wake of the Supreme Court’s ruling last year expanding the right to carry firearms outside the home. The firm is defending four Colorado towns, each with bans on carrying assault weapons in public, that were sued by a gun rights group after the court’s decision. The case is scheduled to go to trial this fall.Measures like Florida’s “Stop W.O.K.E.” law, which limits talk of race, gender and nationality in schools and the workplace, are also of interest at the new firm. It has begun examining the possibility of bringing a First Amendment lawsuit focused on similar laws in other states that prohibit diversity training in the workplace.The firm is also developing plans to challenge Florida’s arrest of a number of people with criminal histories who were able to register to vote in the 2020 election even though their past convictions should have barred them from doing so. Although criminal charges against some of those people have been dismissed, the firm is researching the possibility of suing the state for having violated the Voting Rights Act, arguing that the arrests discourage legal voting by people with criminal convictions.“It’s just disgraceful,” Ms. Roberts said, adding that the case had hit home for her as someone who is concerned with voting rights and with “legislative changes to election laws in various states.”To litigate the cases, the firm will turn for support to a roster of prominent law firms and advocacy groups.In the Colorado gun control case, the firm is working with Everytown for Gun Safety, the group founded by the former New York City mayor Michael R. Bloomberg, as well as Davis Polk, Mr. Dunne’s former firm. On the Florida voting rights case, they have met with a group called Protect Democracy, a nonprofit founded by lawyers from the Obama White House, as well as Paul Weiss, where Mr. Pomerantz was a partner for many years.Mark Pomerantz and Mr. Dunne led the Manhattan district attorney’s inquiry into Mr. Trump until they resigned last year.David Karp/Associated PressThe outside firms are providing their resources on a pro bono basis. The new firm’s board of directors will also include a number of boldfaced names from the criminal justice world, including Tali Farhadian Weinstein, a former general counsel at the Brooklyn district attorney’s office who was a Democratic candidate for Manhattan district attorney in 2021.Free and Fair’s executive director will be Danny Frost, a lawyer who served as a senior adviser and spokesman in the district attorney’s office under Mr. Vance, when Mr. Dunne and Mr. Pomerantz were working on the Trump investigation.Thus far, the firm has mostly accepted donations from friends and professional acquaintances but in the coming months will ramp up their fund-raising now that the I.R.S. has certified the firm as a nonprofit.Originally, the principals had expected that getting authorized for tax-exempt status would take half a year. Then they learned that they could make an emergency application to the I.R.S., “but only if what you’re providing is so desperately needed by the country that you can claim emergency treatment status,” Mr. Dunne said.They filed their application in October. Within 14 days, they had received the emergency approval. More

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    Giuliani Receives Grand Jury Subpoena for Records Related to Trump

    The subpoena to Rudolph W. Giuliani in November came as prosecutors have been examining the workings of former President Donald J. Trump’s fund-raising vehicle.WASHINGTON — Rudolph W. Giuliani, the lawyer who oversaw former President Donald J. Trump’s legal challenges to the 2020 election, has received a grand jury subpoena for records related to his representation of Mr. Trump, including those that detailed any payments he received, a person familiar with the matter said on Monday.The subpoena, which was sent in November, bore the name of a prosecutor in the U.S. attorney’s office in Washington. It predated the appointment of Jack Smith, the special counsel chosen to take over the Justice Department’s investigation of the roles that Mr. Trump and several of his aides and lawyers played in seeking to overturn the results of the election. It remained unclear, however, if Mr. Smith and his team have assumed control of the part of the inquiry related to Mr. Giuliani.As part of its investigation, the special counsel’s office has been examining, among other things, the inner workings of Mr. Trump’s fund-raising vehicle, Save America PAC. The records subpoenaed from Mr. Giuliani could include some related to payments made by the PAC, according to the person familiar with the matter.Several subpoenas issued in the past several months have asked for records concerning Save America PAC. The House committee that investigated the Jan. 6 attack on the Capitol also looked into Mr. Trump’s fund-raising operation during its own separate inquiry, and raised questions about whether it had duped donors through misleading appeals about election fraud.A longtime ally of Mr. Trump, Mr. Giuliani effectively ran the former president’s attempts to overturn his defeat in the presidential race and has for months been a chief focus of the Justice Department’s broad investigation into the postelection period. His name has appeared on several subpoenas sent to former aides to Mr. Trump and to a host of Republican state officials involved in a plan to create fake slates of pro-Trump electors in states that were actually won by Joseph R. Biden Jr.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 one of its final acts, the Jan. 6 committee referred Mr. Giuliani and others, including Mr. Trump, for prosecution by the Justice Department. Still, the emergence of the subpoena, which was reported earlier by CNN, was the first time evidence had surfaced suggesting that Mr. Giuliani had become directly embroiled in the inquiry into the part that Mr. Trump played in the events leading up to Jan. 6.Mr. Giuliani’s subpoena was issued about two months after prosecutors blanketed more than 40 other figures from Mr. Trump’s White House with subpoenas. In 2021, the Justice Department seized Mr. Giuliani’s cellphones and computers as part of a separate investigation into his efforts to dig up dirt on Mr. Biden in Ukraine.While acting as Mr. Trump’s lawyer, Mr. Giuliani undertook an array of efforts on his behalf.He promoted a baseless conspiracy theory that a cabal of international actors had hacked into voting machines produced by Dominion Voting Systems and used them to rig the election for Mr. Biden — despite the fact that an internal memo from the Trump campaign had determined earlier that many of the outlandish claims about Dominion were untrue.Mr. Giuliani also made persistent claims that the voting had been marred by widespread cheating and irregularities at a series of informal legislative hearings in key swing states around the country. But when he personally appeared in court in Philadelphia to defend a lawsuit challenging the election, he acknowledged to the judge in the case that the suit had not alleged that fraud had actually occurred.Before his subpoena was issued, Mr. Giuliani had confronted an array of setbacks related to his work for Mr. Trump.He is facing a defamation lawsuit from Dominion, alleging that he carried out “a viral disinformation campaign” about the company made up of “demonstrably false” allegations, in part to enrich himself through legal fees and his podcast.In June 2021, his law license was suspended after a New York court ruled he had made “demonstrably false and misleading statements” while fighting the results of the 2020 election.He is also facing similar disciplinary charges by local bar officials in Washington. More

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    Special Grand Jury in Georgia Trump Inquiry Concludes Its Investigation

    A hearing will be held to determine whether the report will be made public. Any criminal charges would have to be brought by a regular grand jury.ATLANTA — Eight weeks into Donald J. Trump’s latest run for president, a special grand jury investigating Mr. Trump and his allies for possible election interference in 2020 concluded its work on Monday. But the panel’s findings remain private for now, including whether it recommended criminal charges against the former president.The special grand jury was dissolved days after producing a report that was reviewed by the 20 judges on the Superior Court of Fulton County, which encompasses most of Atlanta. Its members were sworn in last May.“The court thanks the grand jurors for their dedication, professionalism and significant commitment of time and attention to this important matter,” Judge Robert McBurney, who oversaw the panel, wrote in an order dissolving it.A hearing will be held on Jan. 24 to determine whether the report will be made public, as the special grand jury is recommending, according to the judge’s order. Special grand juries cannot issue indictments, so any criminal charges would have to be sought from one of the regular grand juries that consider criminal matters in the county.Regular grand jury terms last two months. Defendants who are indicted can request speedy trials that begin by the close of the term that follows the two-month period in which they are indicted. Because of those protocols, most charges would most likely be brought at the beginning of the next grand jury term in early March, or further down the road.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

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    Brazil’s Protests Resemble the US Capitol Attack on Jan. 6

    Supporters of U.S. President Donald J. Trump gathered outside the Capitol in Washington on Jan. 6, 2021.Leah Millis/ReutersSupporters of Brazil’s former President Jair Bolsonaro outside Brazil’s National Congress in Brasília on January 8, 2023.Adriano Machado/ReutersA defeated president claims, falsely, that an election was rigged. After months of baseless claims of fraud, an angry mob of his supporters storms Congress. They overwhelm police and vandalize the seat of national government, threatening the country’s democratic institutions.Similarities between Sunday’s mob violence in Brazil and the attack on the U.S. Capitol on Jan. 6, 2021, are self-evident: Jair Bolsonaro, the right-wing former president of Brazil, had for months sought to undermine the results of an election that he lost, in much the same manner that Donald J. Trump did after his defeat in the 2020 presidential election. Trump allies who had helped spread falsehoods about the 2020 election have turned to sowing doubt in the results of Brazil’s presidential election in October.Those efforts by Mr. Bolsonaro and his allies have now culminated in an attempt — however implausible — to overturn the results of Brazil’s election and restore the former president to power. In much the same manner as Jan. 6, the mob that descended on the Brazilian capital overpowered police at the perimeter of the building that houses Congress and swept into the halls of power — breaking windows, taking valuable items and posing for photos in abandoned legislative chambers.A Trump supporter inside the office of Nancy Pelosi, then speaker of the House, on Jan. 6, 2021.Saul Loeb/Agence France-Presse — Getty ImagesSupporters of Brazil’s former President Jair Bolsonaro rifle through papers on a desk in the Planalto Palace in Brasília on Sunday.Eraldo Peres/Associated PressThe two attacks do not align completely. The Jan. 6 mob was trying to stop the official certification of the results of the 2020 election, a final, ceremonial step taken before the new president, Joseph R. Biden Jr., was inaugurated on Jan. 20.But Luiz Inácio Lula da Silva, the new president of Brazil, was sworn into office more than a week ago. The results of the presidential election have been certified by the country’s electoral court, not its legislature. There was no official proceeding to disrupt on Sunday, and the Brazilian Congress was not in session.The mob violence on Jan. 6, 2021, “went right to the heart of the changing government,” and the attack in Brazil is not “as heavily weighted with that kind of symbolism,” said Carl Tobias, a professor of constitutional law at the University of Richmond.Pro-Trump protesters storming the Capitol in 2021.Will Oliver/EPA, via ShutterstockPro-Bolsonaro protesters storming the Planalto Presidential Palace in Brasília in 2023.Sergio Lima/Agence France-Presse — Getty ImagesAnd Mr. Bolsonaro, who has had strong ties with Mr. Trump throughout their years in office, was nowhere near the capital, having taken up residence in Orlando, Fla., about 150 miles from Mr. Trump’s estate at Mar-a-Lago in Palm Beach.Nevertheless, the riot in Brasília drew widespread condemnation, including from U.S. lawmakers, with many Democrats drawing comparisons between it and the storming of the U.S. Capitol.“Democracies of the world must act fast to make clear there will be no support for right-wing insurrectionists storming the Brazilian Congress,” Representative Jamie Raskin wrote on Twitter. “These fascists modeling themselves after Trump’s Jan. 6 rioters must end up in the same place: prison.”The Capitol Rotunda after a pro-Trump mob stormed the building on Jan. 6.Win Mcnamee/Getty ImagesThe National Congress building in Brasília after pro-Bolsonaro protesters stormed the building on Sunday.Eraldo Peres/Associated PressRepresentative George Santos, a Republican from New York under criminal investigation by Brazilian authorities, appeared to be one of the first elected officials from his party to condemn the mob violence in a post on Twitter on Sunday, but he did not draw a connection to Jan. 6.Many of the lawmakers who condemned the violence had lived through the attack on the Capitol that occurred just over two years ago. Mr. Raskin was the lead impeachment manager in Mr. Trump’s second impeachment trial over his role in inciting the mob.In a final echo of the Jan. 6 attack on Sunday, hours after the riot in Brazil began, Mr. Bolsonaro posted a message on social media calling for peace, much the way Mr. Trump did. Authorities had already announced they had the situation under control. More