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    Losing Another Runoff, Georgia Republicans Weigh an Election Shake-Up

    Some in the party said that additional changes to election rules were likely, after Senator Raphael Warnock’s victory put a new spotlight on a major 2021 voting law passed by the G.O.P.As Georgia Democrats won their third Senate runoff election in two years, the party proved it had crafted an effective strategy for triumphing in a decades-old system created to sustain segregationist power and for overcoming an array of efforts to making voting more difficult. Republicans, meanwhile, were quietly cursing the runoff system, or at least their strategy for winning under a state law they wrote after losing the last election.The various post-mortems over how Georgia’s runoff rules shaped the state’s Senate outcome on Tuesday put a spotlight on a major voting law passed by the Republican-led General Assembly last year. Some Republicans acknowledged that their efforts to limit in-person early voting days might have backfired, while others encouraged lawmakers to consider additional restrictions next year.With Georgia poised to remain a critical political battleground and with Republicans holding gerrymandered majorities in both chambers of its state legislature, some in the party said that additional election law changes were likely.Secretary of State Brad Raffensperger, a Republican who oversees the state’s voting procedures, said in an interview on Wednesday that there would be a debate next year over potential adjustments to Georgia’s runoff laws and procedures after Senator Raphael Warnock’s victory.Mr. Raffensperger said he would present three proposals to lawmakers. They include forcing large counties to open more early-voting locations to reduce hourslong lines like the ones that formed at many Metro Atlanta sites last week; lowering the threshold candidates must achieve to avoid a runoff to 45 percent from 50 percent; and instituting a ranked-choice instant-runoff system that would not require voters to come back to the polls again after the general election.Secretary of State Brad Raffensperger said there would be a debate next year over potential changes to Georgia’s runoff laws and procedures. Audra Melton for The New York Times“The elected legislators need to have information so they can look at all the different options that they have and really see what they’re comfortable with,” Mr. Raffensperger said.Understand the Georgia Senate RunoffNew Battlegrounds: Senator Raphael Warnock’s win shows how Georgia and Arizona are poised to be the next kingmakers of presidential politics, Lisa Lerer writes.A Rising Democratic Star: Mr. Warnock, a son of Savannah public housing who rose to become Georgia’s first Black senator, is a pastor and politician who sees voting as a form of prayer.Trump’s Bad Day: The loss by Herschel Walker, the Republican candidate, capped one of the worst days for former President Donald J. Trump since he announced his 2024 bid.Republicans are not the only ones hoping to end Georgia’s requirement that a runoff take place if no candidate in a general election wins at least half of the vote. Democrats have long viewed the practice — a vestige of racist 1960s efforts to keep Black candidates or candidates backed by Black voters from taking office — as an additional hurdle for working-class people of color.Park Cannon, a Democratic state representative from Atlanta who was arrested last year after knocking on the closed door behind which Gov. Brian Kemp signed the state’s voting law, said that last Friday, she had driven for 30 minutes and then waited an hour to vote early in person.Runoffs, Ms. Cannon said, “are not to the benefit of working families.” She added, “It’s very difficult to, within four weeks of taking time off to vote, have to do that again.”Since the law was passed in 2021, Georgia Democrats have criticized the new barriers to voting that it set in place. During the runoff, Mr. Warnock, a Democrat, spared no opportunity to highlight the law and characterize it as the latest in a decades-long push to minimize the influence of Black voters and anyone who opposed Republican control.His stump speech featured a regular refrain reminding supporters that Georgia Republicans had sought to prohibit counties from opening for in-person early voting on the Saturday after Thanksgiving, after the state’s Republican attorney general and Mr. Raffensperger concluded that doing so was in violation of state law. Mr. Warnock and Democrats sued, and a state judge agreed to allow for the Saturday voting.“People showed up in record numbers within the narrow confines of the time given to them by a state legislature that saw our electoral strength the last time and went after it with surgical precision,” Mr. Warnock said in his victory speech on Tuesday night in Atlanta. “The fact that voters worked so hard to overcome the hardship put in front of them does not eliminate the fact that hardship was put there in the first place.”Because of the new voting law, Tuesday’s runoff was held four weeks after the general election, rather than the nine-week runoff period under which Georgia’s high-profile Senate races in early 2021 unfolded. The nine-week runoff period that year had been ordered by a federal judge; runoff contests for state elections have always operated on a four-week timeline.Tuesday’s contest also included fewer days to vote and new restrictions on absentee ballots — and it ended with virtually the same result.The 3.5 million votes cast in Tuesday’s runoff amounted to 90 percent of the general-election turnout in the Senate race on Nov. 8. In 2021, when Mr. Warnock first won his seat, runoff turnout was 91 percent of the general-election turnout, which was higher because 2020 was a presidential year. The outpouring of voters in both years was orders of magnitude higher than in any prior Georgia runoff.A get-out-the-vote event on Tuesday near a polling site in Atlanta.Nicole Buchanan for The New York TimesThe booming turnout this year has led Georgia Republicans to insist that their voting law was not suppressive.“We had what I think was a nearly flawless execution of two huge elections in terms of turnout and in terms of accuracy and integrity,” said Butch Miller, a Republican leader in the Georgia State Senate who helped write the voting law and is leaving the chamber after losing the primary for lieutenant governor.Mr. Miller said he “didn’t care for” the way that some counties, including large Democratic-leaning ones in the Atlanta area, had opened for extra early voting days, a sentiment echoed by other Georgia Republicans after Mr. Warnock’s victory.The new law evidently had an effect on how Georgians voted. In the January 2021 runoffs, 24 percent of the vote came via absentee ballots that had been mailed to voters. On Tuesday, just 5 percent of the vote came through the mail, a result of restrictions on who could receive an absentee ballot and the shortening of the runoff period, which made it more difficult to request and receive a ballot within the allotted time period.The 2021 law also cut the amount of in-person early voting days to a minimum of five, but allowed Georgia’s counties to add more days before the state’s mandated early-voting week. The Warnock campaign pressed the state’s Democratic counties to open for early voting on the weekend after Thanksgiving, giving voters who were more likely to vote for the senator extra days to do so.But then Mr. Raffensperger sought to enforce a state law that forbids in-person early voting on the Saturday after Thanksgiving, leading to Mr. Warnock’s successful lawsuit.Jason Shepherd, a former chairman of the Cobb County Republican Party, said the push to stop Saturday voting “wasn’t worth the fight” and served to energize Democratic voters.“You can be completely right and it can send the wrong message, because it plays into the Democrats’ narrative about voter suppression,” Mr. Shepherd said on Wednesday.In the end, 28 of Georgia’s 159 counties opened for extra in-person early voting days. Of those, 17 ended up backing Mr. Warnock and 11 went for his Republican challenger, the former football star Herschel Walker.Compared with weekdays, when the entire state was open for in-person early voting, relatively few votes were cast on the extra voting days. Just over 167,000 votes in all were cast combined on the Saturday and Sunday of Thanksgiving weekend, along with the Tuesday and Wednesday before the holiday, when just two counties opened for voting. By contrast, 285,000 to 352,000 votes were cast statewide on each day of weekday early voting.But voters who cast ballots during those extra in-person early voting days were likely to tilt heavily toward Mr. Warnock.The largest 14 counties to back Mr. Warnock — including seven in metropolitan Atlanta — all opened for extra early voting days. Just two of the 11 largest counties to back Mr. Walker opened for extra in-person early voting days.Maya King More

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    Brian Kemp, the Georgia Republican Who Emerged Stronger From Walker’s Defeat

    Gov. Brian P. Kemp of Georgia — once derided by some of his fellow Republicans — has emerged in the aftermath of Tuesday’s Senate runoff as a savvy political operator.ATLANTA — As Republicans smarting from Herschel Walker’s defeat in Georgia continue the process of assigning blame, one man seems to be conspicuously above reproach: Gov. Brian P. Kemp.The state’s Republican governor — once derided as an unhinged far-right disrupter following a series of wildly provocative 2018 campaign ads — has emerged in the aftermath of Tuesday’s Senate runoff as one of his party’s savvier political operators.On Nov. 8, Mr. Kemp won re-election by a resounding eight-point margin — a remarkable transformation for a politician who went from being booed by conservatives at his own events in the May primary to defeating a national Democratic star, Stacey Abrams. His ability to deftly walk a fine line of providing just enough support to Mr. Walker without being damaged by his defeat was proof of Mr. Kemp’s formidable political instincts, Republicans inside and outside the state said. He has survived and even thrived in the face of Donald J. Trump’s mercurial opposition. Mr. Kemp started out earning Mr. Trump’s endorsement, then became the former president’s political enemy, overcoming a primary challenge that Mr. Trump had orchestrated. Just before last month’s general election, Mr. Trump suddenly switched gears and encouraged his followers to support the Georgia governor.Mr. Kemp has helped create a template for Republicans, showing them how to use Mr. Trump’s attacks to strengthen an independent political brand and not sacrifice support from the former president’s loyal base. His navigation of the Republican Party’s crosscurrents, along with an election performance that saw him outperform Mr. Trump in crucial suburban swing districts, has raised his national profile and heightened speculation about his future ambitions and a potential run for president in 2024. “The ceiling is extremely high for Brian Kemp right now,” said Stephen Lawson, a Georgia-based Republican strategist who ran a pro-Walker super PAC. “Whether that for him is the U.S. Senate in four years, whether that’s potentially looking at ’24 stuff or whether that’s just being a really good governor and a voice for your party, he is going to have a huge platform moving forward.”Mr. Kemp, a former homebuilder from Athens, Ga., has built his two-decade political career on a mix of luck, skill and occasional provocations — in one 2018 TV ad, he pointed a shotgun at an actor playing a suitor to one of his daughters. He speaks with a slow, deep Southern drawl that he sometimes plays up for the cameras, and as an alumnus of the University of Georgia, he has positioned himself as the fan-in-chief of its football team, which Mr. Walker helped lead to a national championship in 1980.The governor’s Democratic critics say that Mr. Kemp’s allegiance to far-right orthodoxy has harmed the state. He signed a restrictive 2019 abortion law that effectively bans the procedure after six weeks of pregnancy and refused to expand Medicaid under the Affordable Care Act, a decision that has caused the state to forgo billions of dollars in federal health care money.Mr. Kemp, in Bremen, Ga., in November, said that his kind of outreach and willingness to campaign helped him win re-election.Audra Melton for The New York TimesYet even his critics acknowledge his knack for presenting himself as an aw-shucks Georgian and making his case in small rural communities, handshake to handshake. In the eight years that he served as secretary of state, he built relationships with many of the local shot-callers — coroners, tax assessors, sheriffs — in Georgia’s 159 counties. Those ties likely helped insulate him from Mr. Trump’s attacks after the 2020 election among local Republican officials. “His success now really is a result of all these touches over the years — that ‘How’s your mama? How’s your daddy?’ kind of thing,” State Senator Jen Jordan, a Democrat and vocal Kemp critic, said. Such a face-to-face style may work locally and statewide, Ms. Jordan said, but may not translate beyond that. “Is that something you can do at the national level, like running for president?” she added.The Aftermath of the 2022 Midterm ElectionsCard 1 of 6A moment of reflection. More

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    Warnock Wins, and Once Again Trump Loses

    The last Senate runoffs in Georgia fell on the 5th of January, 2021, which meant they were immediately overridden in the nation’s imagination by the events of Jan. 6. But everything that’s happened since has somehow brought us back around to where we stood just before the riot at the U.S. Capitol, with yet another Georgia runoff providing yet another case study in why the Republican Party desperately needs to move on from Donald Trump.In the case of the previous runoffs, Trump’s influence on the outcome was flagrant and direct: He made the entire pre-runoff period a stage for his election-fraud dramatics, pushing the Republican Senate candidates, Kelly Loeffler and David Perdue, into attacks on the integrity of the elections they were trying to win. And he almost certainly dampened Republican turnout with his suggestion that the fix was in — a suggestion amplified by his more lunatic allies, who discouraged Republican voting outright.This time around the Trumpian influence was a little more indirect, but still important. He publicly encouraged his old U.S.F.L. pal Herschel Walker to run for Senate and helped to clear the field with his endorsement, ensuring that the G.O.P. would have a hapless, incompetent and morally suspect candidate in one of the year’s most important Senate races. And then he forced Walker to stagger through the runoff against Raphael Warnock in the shadow of Trump’s own low-energy campaign announcement, which was succeeded by Trump’s dinner with anti-Semites, which was succeeded by Trump’s call to suspend the Constitution in order to restore him to the presidency.All of this predictably helped make the runoff a fractal of the larger 2022 pattern: Under Trump’s influence, with Trump’s preferred candidates, the Republican Party first sacrificed a potential Senate majority and then sacrificed one more Senate seat for good measure.The natural question evoked by the memory of the last runoffs, though, is whether this will make any long-term difference inside the G.O.P. If Republican voters didn’t tire of Trump after he gave away a winnable election and then inspired a mob to storm the Capitol the very next day, why would merely giving away another runoff be a deal-breaker? If Trump somehow managed to remain the 2024 front-runner after the insanity of 2021’s Jan. 6, why would his loyalists abandon him after the mere political disappointments of 2022’s Nov. 8 and Dec. 6?One answer is that the truest loyalists won’t; there will be a strong Trump vote in any imaginable Republican primary where he doesn’t drop out early. But for the Republicans who aren’t the deepest loyalists — the ones who didn’t vote for Trump in the early primaries of 2016, the ones giving Ron DeSantis leads here and there in early primary polling — there are two reasons to suspect that this runoff’s aftermath will be different from the last one’s.The first is just the compounding effect of multiple defeats. Like a miracle sports team, the ’69 Mets or this year’s Moroccan World Cup soccer squad, Trump earned himself a storehouse of belief with his stunning upset in 2016. That the Republican Party then lost the House in 2018 — well, that was to be expected, since incumbent parties generally struggle in the midterms. That the G.O.P. lost the presidency in 2020 — well, there was a plague, mass protests, rejiggered election rules and a general atmosphere of craziness, and anyway the polls were wrong and Trump almost pulled it out in the Electoral College, the miracle juice still there but just not quite enough.But to disappoint again in 2022, in a context where many Republicans expected to do extremely well — and more, to have so many of Trump’s preferred candidates flop while other Republicans won easily — well, at a certain point the memory of 2016 fades, and the storehouse of faith and good will is depleted. At a certain point even a potent demagogue needs to post some actual wins to hold his coalition together. At a certain point — maybe it isn’t here yet, but it’s closer — the leader who loses just starts to look like, well, a loser.The second reason this time might be different is that there will be time for the defeat’s reality and lessons to sink in, for the stink of loserdom to circulate — whereas last time Trump was actually helped in his bid to hold onto influence and power by the way the Georgia results vanished into the smoke of the Capitol riot.Yes, there was a brief moment where his obvious culpability in the mob’s behavior weakened him dramatically, leaving him potentially vulnerable to a concerted push from congressional Republicans. But when that push didn’t come, when the G.O.P. leadership took the cautious (in the case of Mitch McConnell) or craven (in the case of Kevin McCarthy) way instead, their decisions helped to rebuild Trump’s relevance and power.And so did the peculiar nature of Jan. 6 itself, which despite the best efforts of its media interpreters was always destined to be an unstable signifier — a deathly serious insurrection from one vantage point, but from another a more absurd affair, defined more by the spectacle of the QAnon Shaman roaming the Senate floor than by the threat of an actual coup d’état. However shameful some of the spin that Trump defenders settled on to explain away the day’s violence, they had material to work with in the sheer strangeness of the riot, which in a polarized atmosphere inevitably yielded to warring interpretations of its meaning.Stark election defeats, on the other hand, while less serious and less extreme than a violent disruption of the Senate’s business, are also harder to reinterpret in ways that make your own side out to be martyrs rather than just losers.Trump’s election fraud narrative managed that kind of reinterpretation once. But if Trump has to run in 2024 against DeSantis, he’ll be facing a rival who won’t need to reinterpret defeats as stolen victories, because he himself won easily when Walker and so many other Trumpian picks and allies lost. And the old rule that if you’re explaining, you’re losing, may apply especially to a situation where Trump has to explain to primary voters why the winning he promised them turned into so many unnecessary defeats.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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    Trump Is Unraveling Before Our Eyes, but Will It Matter?

    In the weeks immediately surrounding the midterm elections, Donald Trump called for the “termination” of constitutional rule, openly embraced the conspiratorial QAnon movement, pledged support for the Jan. 6 rioters and hosted, over dinner at Mar-a-Lago, the white supremacist Nicholas Fuentes and Ye (once known as Kanye West), both of whom are prominent antisemites.Does every step Trump takes off the deep end make him a greater liability for the Republican Party, potentially leading to a second Biden term, the loss of the party’s precarious control of the House and an across-the-board weakening of Republican candidates up and down the ticket — from the U.S. Senate to local school boards?Will Trump’s wrecking ball bid for the presidency fracture his party? Will Trump’s extremism prompt the mainstream right — Mitch McConnell, Ron DeSantis, Glenn Youngkin, Nikki Haley and all the rest — to rise up in revolt? How are the worsening intraparty fissures likely to play out over the next two years?Most of the strategists and scholars to whom I posed these questions outlined scenarios in which a Trump candidacy is mainly helpful to the Democratic Party and its candidates. They often cited the hurdles confronting those seeking to nominate a more mainstream candidate.“The Republican Party faces a lose-lose proposition as long as Trump is politically active,” Martin Wattenberg, a political scientist at the University of California-Irvine, wrote by email in response to my inquiry.“If Trump succeeds in getting the nomination again, it would seem that his brand is so damaged among Independents and some Republicans that he will be unelectable,” Wattenberg continued. “And if Trump loses his nomination fight, it seems highly likely that he will charge that he is a victim of voter fraud and damage the legitimacy of the Republican nominee.”If that were not enough to satisfy Trump’s thirst for vengeance, Wattenberg suggested that “it is certainly conceivable that he would mount an independent candidacy and split some of the Republican vote. Continuing his fight as an independent would enable him to continue to raise big sums of money and attract the attention that he so intently craves. All in all, it could well be a disaster for the G.O.P.”While Trump has suffered setbacks on both the political and the legal front, no one I contacted suggested that he should be counted out in the 2024 nomination fight. Instead, just as was the case in 2016, the most favorable situation in 2024 for Trump would be a multicandidate field, as opposed to a single opponent who could consolidate those opposed to him.“It is hard to see President Trump getting more votes in 2024 than he did in the 2020 general election,” Arthur Lupia, a political scientist at the University of Michigan, said by email:Still, if he has 16 primary election opponents like he did in 2016, his name recognition and loyal base will give him real advantages in securing the nomination. He will get 30-40 percent of every vote, leaving the other 15 candidates to split the remaining 60-70 percent. Unless someone like DeSantis can clear the others out quickly, Trump will maintain an advantage.The split in the Republican Party, Lupia continued,has been brewing for several decades. The Tea Party is a focal point and a precursor to the current populist movement. The evolving split within the G.O.P. represents a divide between people who believe in government but want to run it according to conservative principles and an approach that increasingly questions the legitimacy of government itself.Lupia argued that “Despite that split, there is little or no chance that either faction will split off into a third party”:The rules of the American electoral system are stacked against third parties at nearly every turn. The fact that the U.S.A. elects nearly all members of Congress and state legislatures from single-member districts makes it difficult for third parties to win elections. To have viable third parties, you typically need legislators elected from multi-member districts (imagine that your Congressional district sent the top three vote getters to Congress instead of just one).While exploring various scenarios, Robert Erikson, a political scientist at Columbia, warned that there was a substantial chance that unanticipated and unpredictable developments would radically change the course of politics over the next two years and beyond:I think we should consider the likelihood of something very different. Suppose for instance it turns out that DeSantis cannot attract G.O.P. primary election voters and is just another bland Scott Walker. What then? The aftermath would be hard to imagine.Instead, Erikson wrote by email,We should steel ourselves for the possibility that the G.O.P. future turns out like nothing like we imagine today. The same is true regarding the Democrats’ presidential nominee if Biden does retire before 2024. That outcome might be something we could not imagine today. Trump critics have continually predicted that his latest outrage would be his downfall. Not even Jan. 6 caused a revolt within the G.O.P. G.O.P. leaders are too fearful of Trump’s baseBut, Erikson argued,If the fall comes, it could be swift and decisive. The template is the fate of Joe McCarthy. He seemed invincible, with the full support of elements of the American right. Then, following Joseph Welch’s condemnation in his “Have you no sense of decency?” speech, McCarthy was defeated, and swiftly. The circumstances of McCarthy’s downfall may seem hard to believe today. But this is what can happen to a bully when they do lose their power of intimidation.I asked Erikson and others how serious the current divisions within the Republican Party are.“The fissures in the Republican Party are larger than usual, but still comparable to those that regularly occur in American political parties,” he replied, but “compared to the realignment of the parties in the civil-rights era, the current conflict in the Republican Party is mild.”Gary Jacobson, a political scientist at the University of California-San Diego, sees some potential for destructive intraparty conflict:Republicans have a real dilemma, because they can’t win without the MAGA faction and are having a hard time winning with it. It comprises at least half the party so they have no choice but to try to keep it in the fold. I think they will succeed; opposition to Biden and the Democrats unites them for the time being at least.Would the defeat of Trump in the primaries by DeSantis, Youngkin or another candidate provoke a damaging schism in the general election?Jacobson replied by email:Depends on how Trump reacts if he is denied the nomination. If it comes about because of his legal difficulties or because he appears to be increasingly off the rails (e.g., demanding we ignore laws and the Constitution to put him back in the White House NOW), then the MAGA faction may look to a DeSantis (if not Youngkin) to take up their banner. If it is an all-out battle through the primaries, then whoever backs the losing side might be disinclined to show up in 2024.But, Jacobson cautioned, “Never underestimate the motivating force of negative partisanship; you really have to hate Democrats and want your party in power to show up and vote for someone with Herschel Walker’s character, but the vast majority of Georgia Republicans” did so.Trump, Jacobson wrote,is still very popular in the party at about 75 percent favorable in the recent Economist/YouGov and Quinnipiac polls. I think if the nomination took place now, he would certainly be the winner. But given his legal jeopardy and recent behavior that seems even more self-destructive than usual, on top of his damage to the Republican cause in 2022, I think Republican leaders and conservative pundits will be making every effort to keep him off the ticket to avoid losing again in 2024.A key question, according to Jacobson, is whether Trump’spursuit of self-preservation leads him to back away from the crazy tweets and wacko supporters or to embrace them even further. If the former, non-MAGA Republicans may treat him as they always have. If the latter, he will put them in a real bind. They’ve shown a capacity to put up with a lot over the years, but the combination of losing winnable elections and the constant humiliation of having to answer, or duck answering, for Trump’s latest folly may finally turn them openly against him. If he fights back as hard as he is capable of, the party will split.Robert Nickelsberg/Getty ImagesI posed the same question to all those I queried for today’s column:Is it possible to quantify the size of the extremist vote in the Republican primary electorate? By this, I mean not only active supporters of the Proud Boys, Oath Keepers, QAnon etc., but also the presumably larger constituency of those who sympathize with the aims of these groups — those with high levels of racial hostility that they want to see expressed in the political system, and those who are particularly fearful that they will be, or already have been, displaced from their position of status?Only Jacobson offered an answer:I took a quick look at some survey data I’ve been gathering over the past two years. One set of questions (27 surveys) ask if people approve of or support or have a favorable opinion of the people who invaded the Capitol on Jan. 6. The results are quite consistent regardless of how the question is framed, with no trend over the two years: An average of 25 percent of Republicans have positive things to say about insurrectionists.Another question, asked 20 times by the Economist/YouGov poll in between August and December 2021: “How likely or unlikely do you think it is that Donald Trump will be reinstated as President before the end of 2021? An average of 22 percent of Republicans said it was very or somewhat likely that he would be reinstated. Finally, 20 percent of Republicans responding to an April 2022 Economist/YouGov poll said it was definitely true that “Top Democrats are involved in elite child sex-trafficking rings.”My estimate is thus 20-25 percent of the Republican electorate can be considered extremists.The continued polarization of the two parties, especially at the extreme left and right, creates complex interactions within each party and between each party.Trump, according to David Hopkins, a political scientist at Boston College, transformed the political environment in ways that have made it difficult, if not impossible, for other prominent Republicans to renounce some of the more extreme groups:The reason Republican politicians are often reluctant to explicitly separate themselves from the Proud Boys, QAnon, or other groups on the right-most fringe isn’t that those groups cast a lot of votes in either Republican primaries or general elections. It’s that denouncing those groups would make a candidate sound like a liberal, or at least like someone who buckles under pressure from liberals.Trump, Hopkins notes, “became a hero to Republican voters not just by adopting conservative policy positions, but also by refusing to make rhetorical concessions to Democrats, journalists, and other perennial conservative nemeses.”Sean Westwood, a political scientist at Dartmouth, contended in an email thatThe Republican Party is in the midst of an identity crisis. Traditional Republicans who push national defense, support for NATO and economic stability are fighting against insurgents who oppose these core tenets of the Republican brand. To these insurgents, isolationism and protectionism are the new mantra.In this struggle for the power to set the agenda in the House of Representatives, Westwood argued, the Republicans’ mediocre performance in the 2022 midterm elections empowered the party’s right wing:The great irony is that the defeat of the red wave gave more power to the extremes of the Republican Party. Had the red wave reshaped Congress, Republicans would have had a strong majority and could have governed with a more traditional policy platform, but because their margin of control is so narrow the new Speaker has no choice but to try to appease the Freedom Caucus and other extremes.Robert Y. Shapiro, a political scientist at Columbia, suggested that Republican Party leaders could make a concerted effort to block a Trump nomination, but it might take more fortitude than they have exhibited in the past. “This is one plausible resolution: first and foremost, if Republicans are thinking rationally and give highest priority to winning, they should see that Biden would defeat Trump in 2024 since he did so in 2020,” Shapiro wrote, “and since then Trump has been damaged by Jan. 6 and other investigations, and election deniers got trounced in 2022. DeSantis has been polling better than Trump against Biden and Youngkin probably would too.”One crucial but politically difficult step party leaders could take would be to unite behind — and endorse — a single candidate while pressuring the others to withdraw and, in Shapiro’s words, leave “only one such candidate opposing Trump in the primaries — otherwise multiple candidates would split the vote and Trump would be the party candidate, as happened in 2016.”Eric Groenendyk — a political scientist at the University of Memphis and a co-author of “Intraparty Polarization in American Politics” with Michael Sances and Kirill Zhirkov, political scientists at Temple University and the University of Virginia — wrote me by email:As party elites polarize, extreme partisans have reason to like it and identify more closely with their party, but not all partisans feel this way. Less extreme partisans have reason to like their party less. The part that is often overlooked is that these less extreme partisans also have reason to like the other party less, since that party is also moving away from them. If these less extreme partisans perceive both parties to be moving away from them at the same rate, they will still be closer to their own party, forcing the less extreme voters to adopt a ‘lesser of two evils’ justification for sticking with their party. And even if the other party is not moving away from the less extreme voters at the same rate, rehearsing negative thoughts about that party will also help them to rationalize sticking with their own party.This, in Groenendyk’s view,seems to be where many Republicans are stuck today. They are frustrated with the Trump wing of the party, but they can’t stomach voting for Democrats. The key point is that this shared hatred for Democrats is what’s holding their coalition together.Most of those I contacted downplayed the possibility that Trump would run as a third-party candidate if he were rejected as the Republican nominee, citing his aversion to losing and the logistical and financial difficulties of setting up a third party bid. Marc Hetherington, a political scientist at the University of North Carolina, disagreed.I asked Hetherington: “If a DeSantis or Youngkin were to defeat Trump for the nomination, would either of them alienate Trump’s supporters, or could either one keep those voters in the tent?”Hetherington replied, “As long as Trump doesn’t run as a third-party candidate or actively tell his supporters to stay home, I suspect they’ll still vote Republican. What motivates them is their hatred of the Democrats.”But, Hetherington wrote, “There is every reason to think that Trump might actually do those things” — tell his loyalists to stay home on Election Day or run as a third-party candidate — “if he’s not the nominee”:If he has proven anything over the years, it is that Trump cares about Trump. In deciding to contest the 2020 vote, he asked “What do I have to lose?” He didn’t think at all about what the country had to lose. If he thinks he benefits from splitting the party — even if doing so just makes him feel better because he gets to settle an old score — then he’ll do it.Westwood noted that “it is not clear what power Trump will have to fight with if he doesn’t get the nomination in 2024, especially if he happens to be in a prison cell, which is increasingly likely.”In fact, however, conviction and imprisonment would not, under the Constitution, preclude a Trump candidacy and might in fact provide additional motivation, both for him and his most zealous supporters. Zijia Song, a reporter at Bloomberg, laid out the possible criminal charges Trump could face on Nov. 15 and then posed the question, “Could any of this disqualify him as a presidential candidate?”Her answer:Broadly speaking, no. Article II of the US Constitution, which lays out qualifications for the presidency, says nothing about criminal accusations or convictions. Trump opponents see two possible avenues to challenging his eligibility, however. One is a federal law barring the removal or destruction of government records: It says anyone convicted of the offense is disqualified from federal office. This could conceivably apply to Trump if — and this is a big if — he’s charged and convicted for taking classified documents from the White House. The other is the 14th Amendment to the Constitution which says that nobody can hold a seat in Congress, or “any office, civil or military,” if they “engaged in insurrection or rebellion.”Which gets to the larger question that supersedes all the ins and outs of the maneuvering over the Republican presidential nomination and the future of the party.How, in a matter of less than a decade, could this once-proud country have evolved to the point at which there is a serious debate over choosing a presidential candidate who is a lifelong opportunist, a pathological and malignant narcissist, a sociopath, a serial liar, a philanderer, a tax cheat who does not pay his bills, a man who socializes with Holocaust deniers, who has pardoned his criminal allies, who encouraged a violent insurrection, who, behind a wall of bodyguards, is a coward, and who, without remorse, continuously undermines American democracy?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Trump’s Call for ‘Termination’ of Constitution Draws Rebukes

    Republicans were still cautious — or silent entirely — about shunning the former president-turned-2024 candidate.An extraordinary antidemocratic statement from former President Donald J. Trump, suggesting the “termination” of the Constitution to overturn the 2020 election, drew a degree of bipartisan condemnation over the weekend, with a flood from Democrats and a trickle from Republicans.But it did not appear to do any more than similar past actions in prompting Republican officials to rule out supporting Mr. Trump in 2024.Inaccurately describing the contents of a just-released report about Twitter’s moderation decisions during the 2020 campaign, Mr. Trump again demanded that the 2020 election be overturned or rerun, for the first time explicitly calling to set aside the supreme law of the land.“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” he wrote in a post on Saturday on his social network, Truth Social.Mr. Trump was responding to a report Friday night about Twitter employees’ internal deliberations over the company’s decision in 2020 to block links to a New York Post article that described emails found on a laptop belonging to Hunter Biden, President Biden’s son. The report, a Twitter thread by the writer Matt Taibbi, also criticized the fact that the Biden campaign had a back channel to ask Twitter to remove certain tweets, though it noted that Republicans had such a back channel, too.What to Know About Donald Trump TodayCard 1 of 4Donald J. Trump is running for president again, being investigated by a special counsel again and he’s back on Twitter. Here’s what to know about some of the latest developments involving the former president:Documents case. More

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    Defamation Suit Against Fox Grows More Contentious

    Lachlan Murdoch is set to be deposed on Monday, the latest in a flurry of activity in the high-stakes case.Lachlan Murdoch, the chief executive of the Fox Corporation, is expected to be deposed on Monday as part of a $1.6 billion defamation lawsuit against Fox News for amplifying bogus claims that rigged machines from Dominion Voting Systems were responsible for Donald J. Trump’s defeat in 2020.Mr. Murdoch will be the most senior corporate figure within the Fox media empire to face questions under oath in the case so far. And his appearance before Dominion’s lawyers is a sign of how unexpectedly far and fast the lawsuit has progressed in recent weeks — and how contentious it has become.Fox and Dominion have gone back and forth in Delaware state court since the summer in an escalating dispute over witnesses, evidence and testimony. The arguments point to the high stakes of the case, which will render a judgment on whether the most powerful conservative media outlet in the country intentionally misled its audience and helped seed one of the most pervasive lies in American politics.Although the law leans in the media’s favor in defamation cases, Dominion has what independent observers have said is an unusually strong case. Day after day, Fox hosts and guests repeated untrue stories about Dominion’s ties to communist regimes and far-fetched theories about how its software enabled enemies of the former president to steal his votes.“This is a very different kind of case,” said David A. Logan, dean of the Roger Williams School of Law, who has argued in favor of loosening some libel laws. “Rarely do cases turn on a weekslong pattern of inflammatory, provably false, but also oddly inconsistent statements.”Dominion, in its quest to obtain the private communications of as many low-, mid- and high-level Fox personnel as possible, hopes to prove that people inside the network knew they were disseminating lies. Fox hopes to be able sow doubt about that by showing how its hosts pressed Trump allies for evidence they never produced and that Dominion machines were vulnerable to hacking, even if no hacking took place.The judge, Eric M. Davis, has ruled in most instances in Dominion’s favor, allowing the voting company to expand the pool of potential evidence it can present to a jury to include text messages from the personal phones of Fox employees and the employment contracts of star hosts such as Sean Hannity and Tucker Carlson, along with those of Suzanne Scott, the chief executive of Fox News Media, and her top corporate managers.More on Fox NewsDefamation Case: ​​Some of the biggest names at Fox News are being questioned in the $1.6 billion lawsuit filed by Dominion Voting Systems against the network. The suit could be one of the most consequential First Amendment cases in a generation.Exploring a Merger: Fox and News Corp, the two sides of Rupert Murdoch’s media business, are weighing a proposal that could put Fox News, The Wall Street Journal and the Fox broadcasting network under the same corporate umbrella.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.Dominion has conducted dozens of depositions with current and former network personalities, producers, business managers and executives. The people questioned come from the rungs of middle management at Fox News headquarters in Manhattan to the corner office in Century City, Los Angeles, where Mr. Murdoch oversees the Fox Corporation and its sprawling enterprise of conservative media outlets.The fight over depositions has intensified in recent weeks as lawyers for the two companies sparred over whether Mr. Hannity and another pro-Trump host, Jeanine Pirro, should have to sit for a second round of questioning about messages that Dominion obtained from their phones as part of the discovery process. Fox lawyers have argued that the hosts should not be compelled to testify again, citing the legal protections that journalists have against being forced to reveal confidential sources.The judge ruled that Dominion’s lawyers could question both Mr. Hannity and Ms. Pirro again but limited the scope of what they could ask. Ms. Pirro’s second deposition was late last month; Mr. Hannity’s has yet to be scheduled.Fox has accused Dominion in court filings of making “escalating demands” for documents that are voluminous in quantity, saying it would have to hire a second litigation team to accommodate such a “crushing burden.” (The judge has largely disagreed.)In a sign of the simmering tensions between the two sides, Fox lawyers have asked the court to impose tens of thousands of dollars in sanctions against Dominion. Fox has accused the voting machine company’s chief executive, John Poulos, and other senior company officials of failing to preserve their emails and text messages, as parties to a lawsuit are required to do with potentially relevant evidence.After Dominion filed its lawsuit in March 2021 — claiming that Fox’s coverage of its machines not only cost it hundreds of millions of dollars in business but “harmed the idea of credible elections” — many media law experts assumed this case would end like many other high-profile defamation case against a news organization: with a settlement.Fox News has a history of settling sensitive lawsuits before they reach a jury. In the last several years alone, it has paid tens of millions of dollars in claims: to women who reported sexual harassment by its former chief executive, Roger Ailes, and by prominent hosts including Bill O’Reilly; as well as to the family of Seth Rich, a former Democratic Party staff member who was killed in a robbery that some conservatives tried to link to an anti-Clinton conspiracy theory.But a settlement with Dominion appears to be a remote possibility at this point. Fox has said that the broad protections provided to the media under the First Amendment shield it from liability. The network says it was merely reporting on Mr. Trump’s accusations, which are protected speech even if the president is lying. Dominion’s complaint outlines examples in which Fox hosts did more than just report those false claims, they endorsed them.“This does not appear to be a case that’s going to settle — but anything can happen,” said Dan K. Webb, a noted trial lawyer who is representing Fox in the dispute. “There are some very fundamental First Amendment issues here, and those haven’t changed.”In a statement, Dominion said the company was confident its case would show that Fox knew it was spreading lies “from the highest levels down.”“Instead of acting responsibly and showing remorse, Fox instead has doubled down,” the statement said. “We’re focused on holding Fox accountable and are confident the truth will ultimately prevail.”The judge has set a trial date for April of next year. A separate defamation suit against Fox by the voting company Smartmatic is not scheduled to be ready for trial until the summer of 2024.Part of the reason Fox executives and its lawyers believe they can prevail is the high burden of proof Dominion must reach to convince a jury that the network’s coverage of the 2020 election defamed it. Under the law, a jury has to conclude that Fox acted with “actual malice,” meaning that people inside the network knew that what they were reporting was false but did so anyway, or that they recklessly disregarded information showing what they were reporting was wrong.That is what Dominion hopes to show the jury with the private messages it obtained from a several-week period after the election from Fox employees at all levels of the company. Very little is known publicly about what those messages could contain.In addition to arguing that its coverage of Dominion was protected as free speech, Fox argues it was merely covering statements from newsmakers. “There is nothing more newsworthy than covering the president of the United States and his lawyers making allegations of voter fraud,” a spokeswoman said.Fox’s lawyers are also planning lines of defense that they hope will dent Dominion’s credibility, even if that means leaning into some of the conspiracy theories that are at the heart of Dominion’s case. They may argue, for example, that it was plausible that the machines had been hacked, pointing to questions that were raised by at least one independent expert about whether the software was secure.As part of their fact-finding, Fox lawyers sought information from a University of Michigan computer scientist who wrote a report this year saying there were vulnerabilities in Dominion’s system that could be exploited, even though there is no evidence of any such breach.Mr. Webb said the intent would be to show that the fraud allegations “were not made up out of whole cloth.” But it was not his plan, he said, to pretend that Mr. Trump’s voter fraud falsehoods — which were the same as many of the falsehoods uttered on the air at Fox — were true. “The president’s allegations were not correct,” Mr. Webb said. He added that he planned “to show the jury that those security concerns were there and were real and added plausibility to the president’s allegations.”After Mr. Murdoch’s deposition on Monday, lawyers on both sides of the case said they expected one additional senior executive to be questioned by Dominion’s lawyers: Rupert Murdoch, chairman of the Fox Corporation, who founded Fox News with Mr. Ailes more than 25 years ago. More

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    They Used Robocalls to Suppress Black Votes. Now They Have to Register Voters.

    An Ohio judge ordered Jacob Wohl and Jack Burkman, who concocted a 2020 robocall scheme to discourage mail-in voting, to spend hundreds of hours registering new voters.Two conservative operatives responsible for placing tens of thousands of calls in Midwestern states that made false claims about the legitimacy of mail-in ballots were sentenced by an Ohio judge to spend hundreds of hours registering new voters.The operatives, Jack Burkman, 56, of Arlington, Va., and Jacob Wohl, 24, of Irvine, Calif., orchestrated a robocall scheme that targeted Black neighborhoods in Ohio in 2020, prosecutors said.More than 8,000 of the roughly 67,000 phone calls the pair made across the Midwest, using a voice broadcasting service, were sent to phone numbers in Cleveland and East Cleveland, where many Black voters reside, prosecutors said. The calls were placed during the pandemic, ahead of the 2020 election, a time of heightened interest in absentee voting because of rising concerns about health and safety.The calls falsely stated that voting by mail meant the personal information of people who cast those ballots would be added to a public database and that they would be tracked by the authorities.“Don’t be finessed into giving your private information to the man,” the recorded message said, according to a court filing in Michigan, which said Mr. Burkman and Mr. Wohl specifically targeted “Black neighborhoods” in the Midwest, including Cleveland. “Stay safe and beware of vote by mail.”The Spread of Misinformation and FalsehoodsCovid Myths: Experts say the spread of coronavirus misinformation — particularly on far-right platforms like Gab — is likely to be a lasting legacy of the pandemic. And there are no easy solutions.Midterms Misinformation: Social media platforms struggled to combat false narratives during the 2022 U.S. midterm elections, but it appeared most efforts to stoke doubt about the results did not spread widely.A ‘War for Talent’: Seeing misinformation as a possibly expensive liability, several companies are angling to hire former Twitter employees with the expertise to keep it in check. A New Misinformation Hub?: Misleading edits, fake news stories and deepfake images of politicians are starting to warp reality on TikTok.The prerecorded messages claimed that mail-in voting would result in a cascade of negative consequences, including pursuit by the authorities for outstanding debts and warrants, and mandatory vaccines.On Tuesday, Mr. Burkman and Mr. Wohl were sentenced in Cuyahoga County Common Pleas Court in Cleveland. At the hearing, which the defendants attended by videoconference, Judge John Sutula likened the robocall scheme to voter suppression efforts targeting Southern Black voters in the 1960s, Cleveland.com reported.“I think it’s a despicable thing that you guys have done,” Judge Sutula remarked, according to Cleveland.com.Mr. Wohl previously promoted false sexual assault allegations against Pete Buttigieg, then a Democratic presidential candidate, and Robert S. Mueller, the former special counsel.In the robocall case, Mr. Wohl and Mr. Burkman were each sentenced to completing two years of probation, working 500 hours at a voting registration center in Washington, D.C., and paying a $2,500 fine, a spokeswoman for the Cuyahoga County prosecutor’s office said. They will also be electronically monitored for 12 hours, starting at 8 p.m. each day, through the first six months of their probation period.Michael C. O’Malley, the Cuyahoga County prosecutor, called the sentence “appropriate.”“These two individuals attempted to disrupt the foundation of our democracy,” Mr. O’Malley said in a statement.The sentence arrived two years after they were indicted in Ohio for their voter intimidation scheme. They had initially faced up to 18 years in prison for multiple charges of bribery and telecommunications fraud but under a plea deal, the charges were merged into a single count each of telecommunications fraud, which they pleaded guilty to in October 2022.Mark Wieczorek, a lawyer representing Mr. Wohl, said that the sentence was “fair” and “in the spirit of justice.”“We think it’s a great sentence given the amount of charges he was originally indicted with,” Mr. Wieczorek said. “I think he is genuinely remorseful for his actions and took full responsibility for it.”Mr. Burkman’s lawyer could not be reached for comment.The pair also face similar charges in Michigan, where a case against them is still pending in the state’s Supreme Court, said John Nevin, a spokesman for the court. In 2020, they were charged with intimidating voters, conspiracy to intimidate voters, using a computer to intimidate voters and conspiracy to use a computer to intimidate voters, according to a criminal complaint. A judge in New York previously ordered them to call 85,000 people back to inform them that their initial calls about voting by mail had included false information. More

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    Mike Pence Plays to the G.O.P. Base From a Times Stage

    Mr. Pence, while promoting his new book at the DealBook Summit, frowned upon the idea of the Justice Department’s taking action against his former boss.Former Vice President Mike Pence said that he hoped Elon Musk would “create a level playing field” on Twitter that doesn’t censor users.Hiroko Masuike/The New York TimesNEW YORK — Former Vice President Mike Pence leaned into Republican talking points on Wednesday about Elon Musk and Disney while walking a familiar fine line on his former boss, delivering a message seemingly geared toward conservatives who will decide whether he is a viable presidential contender in 2024.Appearing at The Times’s DealBook Summit in New York, Mr. Pence was repeatedly pressed by Andrew Ross Sorkin, the founder of DealBook, to talk about the Jan. 6, 2021, attack on the U.S. Capitol and the character of former President Donald J. Trump. He demurred.Even as he repeated his belief that Mr. Trump is not an antisemite, he again condemned Mr. Trump for hosting Nick Fuentes, an outspoken antisemite and racist, at a recent dinner.“President Trump was wrong to give a white nationalist, a Holocaust denier, a seat at the table,” Mr. Pence said.He defended the role he had played on Jan. 6, when Mr. Trump’s supporters called for his hanging after he had refused to overturn the election of Joseph R. Biden Jr. as president.And he said that he had never seen “evidence of widespread fraud that would change the outcome” of the 2020 presidential election.When asked whether Mr. Trump should face an indictment by the Justice Department, he frowned on the scenario.“I’m not sure that taking bad advice from lawyers is a violation of criminal law,” he said. “We see too many cases in third world countries where the incoming administration prosecutes a prior administration. That is not an image I want to resonate for the United States.”He also doubled down on comments he made earlier in the day during a Fox News appearance about Mr. Musk, saying he had faith in Mr. Musk’s overhaul of Twitter and its content guidelines, which had led the company under its previous ownership to banish Mr. Trump after the Jan. 6 attack.Mr. Pence, who is weighing a run for president, took a swipe at Disney during his remarks as well. He sought to correlate its stock losses and a recent executive shake-up with the company’s criticism of Florida’s “Don’t Say Gay” bill. The measure prohibits classroom instruction about sexual orientation and gender identity in some elementary school grades.“I think Bob Iger’s recent statements, coming into lead Disney again, prove that the antidote to woke America is America,” he said, referring to Mr. Iger’s return as Disney’s chief executive.He also mentioned his new book, “So Help Me God,” no fewer than seven times — enough to make it a punchline.“As you can tell, if I haven’t mentioned, I have a book,” Mr. Pence joked.“We got that,” Mr. Sorkin said. “We are good.”Mr. Pence underlined, as he often had before, that he was proud of the work done by the Trump administration. But, he noted, “It obviously didn’t end well.” More