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    Justice Dept. Examines Emails from Trump Lawyers in Fake Elector Inquiry

    Prosecutors have combed through more than 100,000 documents from John Eastman, Jeffrey Clark and Ken Klukowski, who played roles in the effort to reverse the outcome of the 2020 election.Federal prosecutors have examined more than 100,000 documents seized from the email accounts of three lawyers associated with former President Donald J. Trump in a continuing investigation into the roles they played in a wide-ranging scheme to help Mr. Trump overturn the results of the 2020 election, according to court papers released on Friday.The material came from email accounts belonging to John Eastman, who helped devise and promote a plan to create fake slates of pro-Trump electors in states that were actually won by Joseph R. Biden Jr., and two former Justice Department lawyers, Jeffrey Clark and Ken Klukowski, who have faced scrutiny for their own roles in the fake electors scheme, the papers say.As part of their inquiry, federal investigators in Washington obtained a search warrant for the three men’s email accounts in May and the following month seized their cellphones and other electronic devices. The court papers, unsealed by Beryl A. Howell, the chief judge in Federal District Court in Washington, revealed for the first time the extent of the emails that investigators had obtained.The court papers, which emerged from a behind-the-scenes review of the material for any that might be protected by attorney-client privilege, said little about the contents of the emails. But they noted that each of the men was in contact with a leader of the far-right House Freedom Caucus, Representative Scott Perry, Republican of Pennsylvania, whose own phone was seized in August as part of the investigation into the fake elector scheme.Reviewing seized materials for any that might be privileged is a common step in criminal investigations — especially in sensitive ones targeting lawyers. The review of the emails in this case occurred over the summer and was conducted by a team of prosecutors code-named “Project Coconut” that was walled off from the prosecutors running the main investigation, according to a person familiar with the matter.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.Mr. Eastman, a professor of constitutional law, has long been a focus of the Justice Department’s efforts to unravel the fake elector scheme, which involved a broad array of characters, including pro-Trump lawyers, White House aides and numerous local officials in key swing states around the country.Mr. Eastman has also been at the center of a parallel inquiry run by the House select committee investigating the Jan. 6, 2021, attack on the Capitol, which has accused him of conspiring with Mr. Trump to defraud the United States and obstruct the final certification of the 2020 election.Encouraged by Mr. Perry, Mr. Trump considered then abandoned a plan in the days before the Capitol attack to put Mr. Clark in charge of the Justice Department as acting attorney general.At the time, Mr. Clark was proposing to send a letter to state officials in Georgia falsely stating that the department had evidence that could lead Georgia to rescind its certification of Mr. Biden’s victory in that key state. The effort to send the letter was cut short by Mr. Clark’s superiors.Mr. Klukowski, who briefly served under Mr. Clark at the Justice Department and had earlier worked at the White House budget office, helped Mr. Clark draft the letter to state officials in Georgia. While working at the department, he was also in contact with Mr. Eastman, according to evidence presented by the Jan. 6 House committee.According to the newly unsealed papers, Mr. Klukowski sent Mr. Perry an email eight days after the election with a document attached titled “Electors Clause/The Legislature Option.” The document outlined an argument central to the fake elector scheme — namely, that “the Constitution makes state legislatures the final authority on presidential elections,” the court papers said.Mr. Eastman’s emails to Mr. Perry suggest that the two men traded phone calls in the weeks leading up to Jan. 6. The court papers note that Mr. Clark exchanged several emails with Mr. Perry in February 2021, after the Capitol was stormed, but the descriptions of their contents were redacted.The papers also say that investigators found a draft of Mr. Clark’s autobiography in his emails, tracing his life from “growing up deplorable in Philadelphia” to working in the Justice Department. An outlined portion of the draft provides a “detailed description” of a previously disclosed meeting that Mr. Clark had on Jan. 3, 2021, with Mr. Trump and two top Justice Department officials at which they “discussed Clark’s draft letter” to the officials in Georgia. More

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    Jan. 6 Panel to Consider Criminal Referrals Against Trump and Allies in Final Session

    The committee announced a Dec. 19 meeting to discuss its final report and consider criminal and civil referrals against the former president and key players in his plot to overturn the 2020 election.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol plans on Monday to consider issuing criminal referrals against former President Donald J. Trump and his top allies during a final meeting as it prepares to release a voluminous report laying out its findings about the attempt to overturn the 2020 election.The committee announced a business meeting scheduled for 1 p.m. Monday during which members are expected to discuss the forthcoming report and recommendations for legislative changes, and to consider both criminal and civil referrals against individuals it has concluded broke laws or committed ethical violations.Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said the panel was considering referrals to “five or six” different entities, including the Justice Department, the House Ethics Committee, the Federal Election Commission and bar associations. Such referrals, which the committee is slated to approve as it adopts its report, would not carry any legal weight or compel any action, but they would send a powerful signal that a congressional committee believes that the individuals cited committed crimes or other infractions.In the case of Mr. Trump, an official finding that a former president should be prosecuted for violating the law would be a rare and unusual step for the legislative branch to take.In addition to the former president, the panel is likely to consider referring some of his allies to the Justice Department, including John Eastman, a conservative lawyer who was an architect of Mr. Trump’s efforts to invalidate his electoral defeat. The committee has argued in court that Mr. Eastman most likely violated two federal laws for his role in the scheme, including obstructing an official act of Congress and defrauding the American public.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.“Stay tuned,” Mr. Thompson told reporters this week, declining to divulge any charges or individuals who would be named. “We’re going with what we think are the strongest arguments.”The panel plans to release a portion of its eight-chapter final report into the effort to block the peaceful transfer of power from Mr. Trump to Joseph R. Biden Jr. The committee’s full report is scheduled for release on Wednesday. Additional attachments and transcripts will be released before the end of the year, according to a committee aide who spoke on the condition of anonymity without authorization to discuss the plans in advance..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;}What we consider before using anonymous sources. Do the sources know the information? What’s their motivation for telling us? Have they proved reliable in the past? Can we corroborate the information? Even with these questions satisfied, The Times uses anonymous sources as a last resort. The reporter and at least one editor know the identity of the source.Learn more about our process.Representative Jamie Raskin, Democrat of Maryland and the committee member whom Mr. Thompson tasked with studying criminal referrals, said the panel would present evidence of the alleged wrongdoing along with the names of the individuals it is referring to the Justice Department.“We are focused on key players where there is sufficient evidence or abundant evidence that they committed crimes,” Mr. Raskin said. “We’re focused on crimes that go right to the heart of the constitutional order, such that the Congress can’t remain silent.”The final report — which contains a lengthy executive summary of more than 100 pages — roughly mirrors the presentation of the committee’s investigative hearings that drew wide viewership over the summer. Chapter topics include Mr. Trump’s spreading of lies about the election, the creation of fake slates of pro-Trump electors in states won by Mr. Biden, and the former president’s pressure campaign against state officials, the Justice Department and former Vice President Mike Pence as he sought to overturn his defeat.The committee’s report is also expected to document how Mr. Trump summoned a mob of his supporters to Washington and then did nothing to stop them as they attacked the Capitol for more than three hours. It will also include a detailed analysis of the breach of the Capitol.“This report is written with some energy and precision and focus,” Mr. Raskin said, adding: “We’re all determined that this be a report that is made part of the national dialogue. We don’t want it to just sit up on a shelf.”The panel has already endorsed overhauling the Electoral Count Act, the law that Mr. Trump and his allies tried to exploit on Jan. 6, 2021, in an attempt to cling to power. Lawmakers have also discussed changes to the Insurrection Act and legislation to enforce the 14th Amendment’s prohibition on insurrectionists holding office.“We obviously want to complete the story for the American people,” Mr. Raskin said. “Everybody has come on a journey with us, and we want a satisfactory conclusion, such that people feel that Congress has done its job.”He said the panel would also seek to address what must be done to prevent an event like the Jan. 6 attack from happening again.“That’s the heart of it,” Mr. Raskin said, “because we think there is a clear, continuing present danger to democracy today.”Stephanie Lai More

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    Donald Trump Is Weak. And Powerful. Now What?

    Everyone knows by now how many Trump candidates lost this year, especially the higher-profile, more hard-core ones who claimed the 2020 election was stolen. Kari Lake lost in Arizona. Doug Mastriano lost in Pennsylvania. Most of the notable pro-Trump secretary of state candidates lost. The Senate candidates, too. The Democrats even added on in Georgia on Tuesday, with the same, central animating force behind each development: that Donald Trump forced his party to run a candidate, Herschel Walker, who lost, weakening Mr. Trump and the party — a mutual descent.What everyone does not know by now is what to do with Mr. Trump’s third candidacy for president. What is this campaign? He’s a candidate without opponents, who has made less frequent public appearances since his announcement than he did before, whose party’s other notable members seem to want to move on but often still don’t really say so publicly. The 2022 incarnation of Mr. Trump is like some kind of trap: He keeps losing and forcing others to go with him, in part because of his and their nature and in part because without him, Republicans might not quite be able to win, either.Looming over every aspect of Mr. Trump’s current campaign is the simple question: Will this be like before? That has a technical, outcome-driven dimension (will he win and become president?) and a more cultural, psychological one (will he dominate American life, and will each day’s news turn on the actions and emotions of one person cascading through society?). Politics is about a lot more than just the outcomes of elections; a long time separates us from the 2024 election, and each day has the potential to influence the ones after. Something can be weak and a considerable force in politics or culture at the same time; someone can be losing and influential at the same time. These things are compatible.The country spent nearly two years hearing about voting machine conspiracies and the possibility of subversion in future elections. Voters rejected all that in many cases. What did the last two years mean for Mr. Trump and these candidates? For all of us? Nobody got anything of real value out of conspiracy theories and Trump recriminations. Not the Republicans, certainly, and that’s been the tenor of much post-election coverage and conversation — the way Mr. Trump’s choices produced certain outcomes that hurt the Republican Party.“The people that were on the crazy side, they’ve kind of been sent off to the frontier,” Tony Evers, Wisconsin’s Democratic governor, told Semafor this week. “If you’re denying the last election or any election, I think that balloon has been popped.” Even so, it’s no great gift to the country as a whole that candidates ran for two years on suspicion about normal election practices or advancing conspiracy theories, which people heard and internalized — a more intangible result with effects harder to measure.Since Mr. Trump’s announcement for president, as you have also heard by now, he’s repeatedly demanded that the 2020 election be redone, even straight up saying that there could be a “termination” of the Constitution. Two nights before Thanksgiving, he ate dinner with a white supremacist and Kanye West, who can’t stop saying antisemitic things. These events can also be viewed through this dual dynamic of weakness and influence. In the most basic horse race political sense, Mr. Trump’s actions almost certainly hurt him; more Republicans have criticized him, and we have multiple election cycles of results suggesting that people reject his choices. This weakens him. But he still has influence, and through this one dinner, for instance, many, many people heard about an extreme racist they probably never heard about before.In 2022, even when Mr. Trump seems to be fading politically, nobody has conclusively resolved the question of how to deal with him — when to step in and when to ignore, how to measure one action against another. The central issue flows from an understanding that most people in this country seem to share, however they feel about him: Mr. Trump will not be stopped from endlessly wanting things. And he will not confine himself to the ways in which a president or public person is supposed to behave, in pursuit of this endless array of wants and needs.Faced with this uncontrollability, people fall into complex emotional dynamics of how to react to Mr. Trump — to care or not care, how to demonstrate caring, to ignore him or this or that, to never ignore it, how far to go, when to walk away, when to stay, when someone else’s silence becomes unacceptable. How is a person supposed to be? What can a single person do? What are our duties and obligations? These questions animate centuries of literature and philosophy, but Mr. Trump’s chemical mix of emotion and power turns them into an hourly concern. He will not change; you can. This is an exhausting texture of American life in this era, even now.It’s almost hard to remember what the first campaign was like, though it, too, started with a weak hand. Mr. Trump defeated a splintered field with, initially, mere pluralities of votes. And you were constantly finding out how weak American institutions were: the thinness of political belief among Republican politicians, the inability of different institutions to do anything about Mr. Trump’s candidacy, the true incentives of cable news, how game people were to go along with, for instance, an attack on Mexicans or Gold Star parents. Practically overnight, Republican and conservative groups went from opposing Mr. Trump to caving in to the reality of his candidacy to emphatically supporting him. This general dynamic repeated again and again for years.Seven years in, one of the more disorienting aspects of the Trump era is the way there’s never any sense of resolution. The entire population hangs in a kind of eternal suspense, without past or future. Since the week of Jan. 6, 2021, without Mr. Trump’s ceaseless presence on the major social platforms, things have been somewhat different. But who knows where he goes from here? He might return to Twitter. He might really be fading. He might lose to Ron DeSantis, Florida’s governor. He might not accept a loss to anyone, at any point. He might be president again. Could we really revert to the full chaotic, exhausting, late-2010s immersion in Mr. Trump’s emotions?The need to know how it ends with Mr. Trump, what will happen next and how people respond to him, can obscure the current situation. And over the past year, it’s become clearer how power and weakness and influence can exist in one space and in one person. In this dark environment, Mr. Trump can lose an election and still change American life indefinitely.Katherine Miller is a staff writer and editor in Opinion.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    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