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    Inside the Completely Legal G.O.P. Plot to Destroy American Democracy

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    Glenn Youngkin Is Playing a Dangerous Game

    It’s obvious. Glenn Youngkin, the Republican governor of Virginia, wants to be president.Within months of taking office, Youngkin had already established two political organizations, Spirit of Virginia and America’s Spirit, meant to raise his profile in national Republican politics with donations and assistance to candidates both in his home state and across the country. In July, he met privately with major conservative donors in New York City, underlining the sense that his ambitions run larger than his term in Richmond.Youngkin, a former private equity executive, is on a tour of the country, speaking and raising money for Republican candidates in key presidential swing states. And as he crisscrosses the United States in support of the Republican Party, Youngkin is neither avoiding Donald Trump nor scorning his acolytes; he’s embracing them.In Nevada last week, Youngkin stumped for Joe Lombardo, the Trump-backed Republican nominee for governor who acknowledges that President Biden won the election but says he is worried about the “sanctity of the voting system.” In Michigan, Youngkin stumped for Tudor Dixon, the Trump-backed Republican nominee for governor who has repeatedly challenged the integrity of the 2020 presidential election. And later this month, in Arizona, Youngkin will stump for Kari Lake, the Trump-backed Republican nominee for governor who accused Democrats of fraud in the state and says that unlike Gov. Doug Ducey, she “would not have certified” the 2020 election results.Whether Youngkin agrees with any of this himself is an open question. In the 2021 Virginia Republican primary, he flirted with election denialism but never fully committed. What matters, for our purposes, is that Youngkin believes he needs to cater to and actually support election questioners and deniers to have a shot at leading the Republican Party.You can sense, in conversations about the present and future of the Republican Party, a hope that there is some way to force the party off its current, anti-democratic path. You could see it in the outrage over Democratic Party “meddling” in Republican primaries. As the conservative columnist Henry Olsen wrote for The Washington Post in July, “True friends of democracy would seek to build new alliances that cross old partisan boundaries.”What Youngkin — a more polished and ostensibly moderate Republican politician — aptly demonstrates is that this is false. The issue is that Republican voters want MAGA candidates, and ambitious Republicans see no path to power that doesn’t treat election deniers and their supporters as partners in arms.There is an analogy to make here to the midcentury Democratic Party, which was torn between a liberal, Northern, pro-civil rights faction and a reactionary, Southern, segregationist faction. The analogy is useful, not because the outcome of the struggle is instructive in this case, but because the reason the liberal faction prevailed helps illustrate why anti-MAGA Republicans are fighting a losing battle.In 1948, the mayor of Minneapolis — 37-year-old Hubert Humphrey — called on the hundreds of delegates to the Democratic National Convention in Philadelphia to add a strong civil rights plank to the party’s national platform. “To those who say we are rushing this issue of civil rights,” Humphrey said, “I say to them we are 172 years late.”“The time has arrived for the Democratic Party to get out of the shadow of states’ rights and walk forthrightly into the bright sunshine of human rights,” Humphrey added.As the historian Michael Kazin notes in “What It Took to Win: A History of the Democratic Party,” both “the speech and the ebullient, and quite spontaneous, floor demonstration that followed helped convince a majority of delegates — and President Truman, reluctantly — to include the civil rights pledge in the platform.”But there were dissenters. A small number of Southern delegates left the convention in protest. Calling themselves the States’ Rights Democratic Party, they organized a challenge to Truman with Gov. Strom Thurmond of South Carolina at the top of their ticket.These “Dixiecrats” were anti-civil rights and, for good measure, anti-labor. “We stand for the segregation of the races and the racial integrity of each race, the constitutional right to choose one’s associates; to accept private employment without governmental interference, and to earn one’s living in any lawful way,” reads the States’ Rights Democratic platform, unanimously adopted at their convention in Oklahoma City the next month. We favor, they continued, “home-rule, local self-government and a minimum of interference with individual rights.”Of course, this meant the maintenance of Jim Crow, the subversion of the constitutional guarantees embedded in the 14th and 15th Amendments, and the continued domination of Black Americans by a tyrannical planter-industrial elite.From its inception in the late 1820s as the movement to elect Andrew Jackson president, the Democratic Party relied on the Solid South to win national elections. Now it had a choice. Democrats could reject their new civil rights plank, accommodate the Dixiecrats and fight with a unified front against a hungry and energetic Republican Party, shut out of power since Herbert Hoover’s defeat in 1932. Or they could scorn the so-called States’ Rights Democrats and run as a liberal party committed to equal rights and opportunity for all Americans.They chose the latter and changed American politics forever. And while much of this choice was born of sincere belief, we also should not ignore the powerful force of demographic change.From 1915 to 1965, more than six million Black Americans left their homes in the agrarian South to settle in the cities of the industrial North, from New York and Chicago to Philadelphia and Detroit and beyond.Their arrival marked the beginning of a tectonic shift in American political life. “The difference in laws between the North and the South created a political coming-of-age for Black migrants,” the political scientist Keneshia N. Grant writes in “The Great Migration and the Democratic Party: Black Voters and the Realignment of American Politics in the 20th Century.” “Seeing political participation as a badge of honor and hallmark of success in northern life, migrants registered to vote in large numbers. Northern parties and candidates worked to gain Black support through their election campaigns, and the parties expected Black voters to turn out to vote for their nominees on Election Day.”For a Democratic Party whose national fortunes rested on control of urban machines, Black voters could mean the difference between four years in power and four years in the wilderness. With the rise of Franklin Roosevelt, who won an appreciable share of the Black vote in the 1932 presidential election, Northern Democratic politicians began to pay real attention to the interests of Black Americans in cities across the region.By 1948, most Black Americans who could vote were reliable partners in the New Deal coalition, which gave liberals in the Democratic Party some of the political space they needed to buck Jim Crow. Yes, the Dixiecrats would withdraw their support. But for every white vote Harry Truman might lose in Alabama and Mississippi, there was a Black vote he might gain in Ohio and California, the two states that ultimately gave him his victory over the fearsome former prosecutor (and New York governor) Thomas Dewey.Not only did the Dixiecrat rebellion fail; it also demonstrated without a shadow of a doubt that Democrats could win national elections without the Solid South. The segregationists were weaker than they looked, and over the next 20 years the Democratic Party would cast them aside. (And even then, with the Dixiecrat exodus, Truman still won most of the states of the former Confederacy.)There is no equivalent to northern Black voters in the Trumpified Republican Party. Put differently, there is no large and pivotal group of Republicans who can exert cross-pressure on MAGA voters. Instead, the further the Republican Party goes down the rabbit hole of “stop the steal” and other conspiracy theories, the more it loses voters who could serve to apply that pressure.In a normal, more majoritarian political system, this dynamic would eventually fix the issue of the MAGA Republican Party. Parties want to win, and they will almost always shift gears when it’s clear they can’t with their existing platform, positions and leadership.The problem is that the American political system, in its current configuration, gives much of its power to the party with the most supporters in all the right places. Republicans may have lost the popular vote in seven of the last eight presidential elections, but key features in the system — equal state representation in the Senate, malapportionment in the House of Representatives and winner-take-all distribution of votes in the Electoral College (Nebraska and Maine notwithstanding) — gives them a powerful advantage on the playing field of national politics.To put it in simple terms, Joe Biden won the national popular vote by seven million ballots in the 2020 presidential election, but if not for roughly 120,000 votes across four states — Arizona, Georgia, Pennsylvania and Wisconsin — Donald Trump would still be president.Which is all to say that someone like Glenn Youngkin is only doing what makes sense. To make MAGA politics weak among Republican politicians, you have to make MAGA voters irrelevant in national elections. But that will take a different political system — or a vastly different political landscape — than the one we have now.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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    Perfectly Reasonable Question: Can We Trust the Polls?

    Polling error is not inevitable, and there are signs that 2022 may be different.Pollsters are setting sail yet again this year. Is it a little scary? Yes. Adam Dean for The New York TimesLast Monday, I wrote about the early “warning signs” in this year’s Senate polling. Then three days later, I helped write up the results of a new national survey: a New York Times/Siena College poll showing Democrats up by two percentage points in the generic ballot among registered voters.If you thought that was a touch contradictory, you’re not alone. One person tweeted: “Didn’t you just write that the polls are an illusion? Why should we believe this one?”It’s a perfectly fair question, and it’s one I encounter regularly: Should I believe these polls — or not? It’s also a surprisingly complicated question to answer.This may sound obvious, but I’ll say it anyway: We believe our polls provide valuable information about voters and the state of the election. These polls are time-consuming, expensive and stressful, with considerable mental health and reputational costs when they wind up “wrong.” We would not be making this effort if we believed they were doomed to be useless.There are warning signs, yes — and we’ll track them in this newsletter. I do not think you should unquestioningly “believe” polls, at least not in the sense that you “believe” figures from an encyclopedia. Polls are not exact measurements, like the diameter of the Earth or the speed of light. They are imprecise estimates — and even the classic margin of error seriously understates the actual degree of uncertainty.But despite all the limitations, a 2020 polling error is not inevitable, either. In fact, our most recent survey showed some small signs of encouragement that 2022 polls may not be like those of 2020.Polling errors at seaI spent a week on a lake in Ontario last month, so forgive me for analogizing polling failures to a different kind of catastrophe: a boat capsizing in a violent storm.Like a rickety boat in a storm, the polling error in the last cycle required both difficult conditions — whether it’s rough waves or the lower likelihood that Trump voters participate in surveys — and a polling vessel that simply couldn’t handle the adversity.Nonetheless, we’re setting sail yet again this year.Is it a little scary? Yes. We pollsters are stuck with the same boats that flipped last time. We would like to buy something sturdier, but there isn’t anything better on the market. That’s not to say that we aren’t making changes, but many of our best ideas are the equivalent of tightening the screws and patching holes. Even with such changes, we can’t be confident that our ships today will withstand the storm we experienced in 2020.But are we doomed? No. For example, there’s a credible theory that the pandemic contributed to polling error, as safety-conscious liberals were more likely to be home during lockdowns (and answered telephone calls) while conservatives went out and lived their lives. With the lockdowns over, those tendencies may be, too.There’s also a credible theory that Donald J. Trump himself is an important factor. If so, polling could be more “normal” with him off the ballot.What you’ve read to this point is the nautical version of an analysis written by Nate Silver of FiveThirtyEight, who argued that the polls may not be wrong this fall. Although the piece is sort of framed as a rebuttal to mine, I don’t really disagree with any of it. Consider it recommended reading.A favorable data point from our most recent poll: response rates by partyThere’s one big difference between polling after 2020 and setting sail the day after a storm: The sailor can probably find a weather forecast.We don’t get poll error warnings, but last week’s newsletter pointed to something about as close as it gets: surprising Democratic strength in exactly the same places where the polls overestimated Democrats last time. If you’ll permit this metaphor to continue, it’s an ominous cloud on the horizon. Dark clouds don’t necessarily mean there will be a fierce storm, but if there were going to be a storm, we’d see some dark clouds first. Similarly, this pattern in the state polling is exactly what we would expect to see if the polls were going to err in the same way they did two years ago.This week, I can report a new measurement of the conditions facing pollsters: whether Democrats or Republicans were likelier to respond to our latest Times/Siena survey.I wasn’t systematically tracking this in fall 2020 — this data is not always easy to collect and process, especially with everything else going on. But if I had been tracking the response by party, it would have been another warning sign.Looking back at our data from September and October 2020, white Democrats were 20 percent likelier to respond to Times/Siena polls than white Republicans. This disparity most likely betrayed a deeper problem: Trump voters, regardless of party, were less likely to respond to our polls.On this front, I have good news: The response rate by party is more balanced so far this cycle. In the national poll we released last week, white Democrats were only 5 percent likelier to complete the survey than white Republicans. That’s back down near the level of our October 2019 polling, when our early survey of a projected Biden-Trump contest came eerily close to the final result among likely voters. In those battleground state polls, white Democrats were 6 percent likelier to respond than Republicans, compared with a 23 percent gap in the fall 2020 polling of those same states.This is a good sign. Maybe — just maybe — our poll last week was closer to the mark than polls have been in recent cycles.But what if it’s wrong anyway?Still, it’s worth imagining what might happen if the polls are off again by the same 2020 margin.Republicans would have been the ones leading our poll last week by two points among registered voters, instead of Democrats. It would certainly be a different race, but the story might not read very differently. We’d probably still characterize the contest as fairly competitive at the outset of a general campaign. That’s a little different than in 2020, when a four-point error made the difference between a Biden landslide and a fairly competitive race.If you think about it, there are a lot of cases when a 2020-like polling error can be quite tolerable. Does it make a huge difference whether 46 percent or 50 percent of Americans think the economy is good or excellent rather than poor or bad? What about whether Mr. Trump is at 54 percent or 58 percent in an early test of the 2024 primary? In contrast, polls of close partisan elections can be extremely sensitive: whether Mr. Biden has 46 percent or 50 percent of the vote could be the difference between a decisive eight-point victory or a clear victory for Mr. Trump, given the recent skew of the Electoral College.And it’s also worth noting that the polls contain valuable information, even when they miss on the horse race. In 2016, for instance, the pre-election polls showed Mr. Trump’s huge gains among white voters without a college degree.And last cycle, they showed Mr. Trump’s gains among Hispanics. These trends uncovered by polls continue to have import. If you missed it over the weekend, my colleagues analyzed the results of our poll that focused on Hispanics, in this article, based on these cross-tabs. More

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    Videos Show Trump Allies Handling Georgia Voting Equipment

    The footage raises new questions about efforts by Trump affiliates in a number of swing states to gain access to and copy sensitive voting software after the 2020 election.Newly released videos show allies of former President Donald J. Trump and contractors who were working on his behalf handling sensitive voting equipment in a rural Georgia county weeks after the 2020 election.The footage, which was made public as part of long-running litigation over Georgia’s voting system, raises new questions about efforts by Trump affiliates in a number of swing states to gain access to and copy sensitive election software, with the help of friendly local election administrators. One such incident took place on Jan. 7 of last year, the day after supporters of Mr. Trump stormed the Capitol, when a small team traveled to rural Coffee County, Ga.The group included members of an Atlanta-based firm called SullivanStrickler, which had been hired by Sidney Powell, a lawyer advising Mr. Trump who is also a conspiracy theorist.“We are on our way to Coffee County, Ga., to collect what we can from the election/voting machines and systems,” one of the company’s executives, Paul Maggio, wrote Ms. Powell on that January morning. Weeks later, Scott Hall, an Atlanta-area Trump supporter and bail bondsman who also traveled to Coffee County, said “we scanned every freaking ballot” in a recorded phone conversation.Mr. Hall said the team had the blessing of the local elections board and “scanned all the equipment, imaged all the hard drives and scanned every single ballot.”A nonprofit group that is suing over perceived security vulnerabilities in Georgia’s voting system released the new videos after obtaining them in its litigation.Coffee County Elections OfficeThe new videos show members of the team inside an office handling the county’s poll pads, which contain sensitive voter data. (The cases holding the equipment in the footage are labeled with the words “POLL PAD.”) In a court hearing on Sept. 9, David D. Cross, a lawyer for a nonprofit group that is suing over perceived security vulnerabilities in Georgia’s voting system — and that released the new videos after obtaining them in its litigation — told a judge that his group suspected that the “personally identifiable information” of roughly seven million Georgia voters may have been copied.Charles Tonnie Adams, the elections supervisor of Heard County, Ga., said in an email that “poll pads contain every registered voter on the state list.” It was not immediately clear what specific personal information about voters was on the poll pads, or what, if anything, was done with the data.Mike Hassinger, a spokesman for Brad Raffensperger, Georgia’s secretary of state, said a poll pad “does have voter information but it’s not accessible because it’s scrambled behind security protocols.” He added that there were no driver’s license numbers or Social Security numbers on poll pads at the time.The new videos also show that some of the Trump allies who visited Coffee County were given access to a storage room, and that various people affiliated with Mr. Trump’s campaign, or his allies, had access to the building over several days.The new footage also shows Cathy Latham, then the head of the county’s Republican Party, with members of the Trump team, standing together in an office where the county’s poll pads were laid out on a table. Ms. Latham is among the targets of a criminal investigation in Atlanta, related to her participation as one of an alternate slate of electors who tried to overturn Mr. Trump’s loss in Georgia. That investigation, which is being led by Fani T. Willis, the district attorney of Fulton County, has also touched on what took place in Coffee County.In a court filing late Monday evening, the plaintiffs in the civil case assailed what they called “the persistent refusal of Latham and her counsel to be straight with this court about the facts.” They accused her of downplaying her involvement with the Trump team when “she literally directed them on what to collect in the office.”Robert D. Cheeley, a lawyer for Ms. Latham, declined to speak on the record on Monday. This month, he told CNN that his client “would not and has not knowingly been involved in any impropriety in any election.”Investigators from Mr. Raffensperger’s office also appear in the new videos, raising questions about what they knew. Along with the Georgia Bureau of Investigation, Mr. Raffensperger’s office is investigating what took place in Coffee County, 200 miles southeast of Atlanta, but voting rights advocates involved in the litigation have questioned why Mr. Raffensperger, the defendant in the civil case, did not move more aggressively.Mr. Hassinger said the secretary of state’s office had “no idea” why its investigators were at the elections office in Coffee County in early January.“We are looking into it,” he said. “Again, we take this very seriously. This investigation is a joint effort between the secretary of state’s office and the Georgia Bureau of Investigation, and if it’s determined that people have committed a crime, they’re going to be prosecuted to the fullest extent of the law.”The storage room at the Coffee County elections office.Coffee County Elections OfficeMr. Hassinger added that at that time, the secretary of state’s office was looking at “vote-counting procedures when Coffee County was unable to certify the results of their election by the time of the deadline.”Lawyers for SullivanStrickler did not respond to requests for comment. The company’s lawyers have previously said it was “categorically false” that it was part of an effort that “illegally ‘breached’ servers” or other voting equipment, but that “with the benefit of hindsight, and knowing everything they know now, they would not take on any further work of this kind.”Reached by phone on Monday, Rachel Ann Roberts, the current election supervisor for Coffee County, said she could not comment on the matter of the poll pads because she had started the job after the visit took place.“I’m not certain about any of that,” she said. “I wasn’t here at the time.”Georgia is hardly the only state where such activity occurred. In Michigan, a special prosecutor is investigating efforts by Trump allies, including the Republican candidate for attorney general, Matthew DePerno, to gain access to voting machines. And in Colorado, the secretary of state’s office estimated that taxpayers faced a bill of at least $1 million to replace voting equipment in Mesa County after a pro-Trump elections supervisor was indicted on charges that she tampered with the county’s voting equipment after the 2020 election. More

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    Where 6 Investigations Into Donald Trump Stand

    The former president finds himself without the power of the presidency, staring at a host of prosecutors and lawyers who have him and his associates in their sights.WASHINGTON — Former President Donald J. Trump has set up his office on the second floor of his Mar-a-Lago estate in Florida as part replica of the Oval Office and part homage to his time in the real White House.On the wall during a visit last year were six favorite photographs, including ones with Queen Elizabeth II and Kim Jong-un. On display were challenge coins, a plaque commemorating his border wall and a portrait of the former president fashioned out of bullet casings, a present from Jair Bolsonaro, the so-called Trump of Brazil.This has become Mr. Trump’s fortress in exile and his war room, the headquarters for the wide-ranging and rapidly escalating conflict with investigators that has come to consume his post-presidency. It is a multifront war, with battlefields in New York, Georgia and the nation’s capital, featuring a shifting roster of lawyers and a blizzard of allegations of wrongdoing that are hard to keep straight.Never before has a former president faced an array of federal, state and congressional investigations as extensive as Mr. Trump has, the cumulative consequences of a career in business and eventually politics lived on the edge, or perhaps over the edge. Whether it be his misleading business practices or his efforts to overturn a democratic election or his refusal to hand over sensitive government documents that did not belong to him, Mr. Trump’s disparate legal troubles stem from the same sense that rules constraining others did not apply to him.The story of how he got to this point is both historically unique and eminently predictable. Mr. Trump has been fending off investigators and legal troubles for a half century, since the Justice Department sued his family business for racial discrimination and through the myriad inquiries that would follow over the years. He has a remarkable track record of sidestepping the worst outcomes, but even he may now find so many inquiries pointing in his direction that escape is uncertain.His view of the legal system has always been transactional; it is a weapon to be used, either by him or against him, and he has rarely been intimidated by the kinds of subpoenas and affidavits that would chill a less litigious character. On the civil side, he has been involved in thousands of lawsuits with business partners, vendors and others, many of them suing him because he refused to pay his bills.While president, he once explained his view of the legal system to some aides, saying that he would go to court to intimidate adversaries because just threatening to sue was not enough.“When you threaten to sue, they don’t do anything,” Mr. Trump told aides. “They say, ‘Psshh!’” — he waved his hand in the air — “and keep doing what they want. But when you sue them, they go, ‘Oooh!’” — here he made a cringing face — “and they settle. It’s as easy as that.”When he began losing legal battles as president with regularity, he lashed out. At one point when the Ninth Circuit Court of Appeals, a traditionally liberal bench based in California, ruled against one of his policies, he demanded that aides get rid of the court altogether. “Let’s just cancel it,” he said, as if it were a campaign event, not a court system established under law. If it required legislation, then draft a bill to “get rid” of the judges, he said, using an expletive.But his aides ignored him and now he finds himself without the power of the presidency, staring at a host of prosecutors and lawyers who have him and his associates in their sights. Some of the issues at hand go back years, but many of the seeds for his current legal jeopardy were planted in those frenetic final days in office when he sought to overturn the will of the voters and hold onto power through a series of lies about election fraud that did not exist.What to Know About the Trump InvestigationsCard 1 of 6Numerous inquiries. More

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    These Trump-Backed Candidates Won’t Promise to Accept Election Results

    Six Republican nominees for governor and the Senate in key midterm states, all backed by Donald Trump, would not commit to accepting the November outcome. Five others did not answer the question.WASHINGTON — Nearly two years after President Donald J. Trump refused to accept his defeat in the 2020 election, some of his most loyal Republican acolytes might follow in his footsteps.When asked, six Trump-backed Republican nominees for governor and the Senate in midterm battlegrounds would not commit to accepting this year’s election results, and another five Republicans ignored or declined to answer a question about embracing the November outcome. All of them, along with many other G.O.P. candidates, have pre-emptively cast doubt on how their states count votes.The New York Times contacted Republican and Democratic candidates or their aides in 20 key contests for governor and the Senate. All of the Democrats said, or have said publicly, that they would respect the November results — including Stacey Abrams of Georgia, who refused to concede her 2018 defeat to Brian Kemp in the state’s race for governor. Mr. Kemp, now running against her for another term, “will of course accept the outcome of the 2022 election,” said his press secretary, Tate Mitchell.But several Republicans endorsed by Mr. Trump are hesitant to say that they will not fight the results.Among the party’s Senate candidates, Ted Budd in North Carolina, Blake Masters in Arizona, Kelly Tshibaka in Alaska and J.D. Vance in Ohio all declined to commit to accepting the 2022 results. So did Tudor Dixon, the Republican nominee for governor of Michigan, and Geoff Diehl, who won the G.O.P. primary for governor of Massachusetts this month.The candidates and their aides offered an array of explanations. Some blamed Democratic state election officials or made unsubstantiated claims that their opponents would cheat. In Alaska, a spokesman for Ms. Tshibaka pointed to a new ranked-choice voting system that has been criticized by Republicans and already helped deliver victory to a Democrat in a House special election this year.Kelly Tshibaka, a Republican candidate for Senate in Alaska, at a rally hosted by former President Donald J. Trump in Anchorage. She has also declined to say whether she will respect this year’s election results.Ash Adams for The New York TimesAn aide to Ms. Dixon, Sara Broadwater, said “there’s no reason to believe” that Michigan election officials, including Jocelyn Benson, the Democratic secretary of state, “are very serious about secure elections.”To some degree, the stances by these Republican candidates — which echo Mr. Trump’s comments before the 2016 and 2020 presidential elections — may amount to political posturing, in an effort to appeal to G.O.P. voters who do not believe the former president lost in 2020. An aide to one Republican nominee insisted that the candidate would accept this year’s results, but the aide declined to be publicly identified saying so.And unlike Mr. Trump two years ago, the candidates who suggest they might dispute the November results do not hold executive office, and lack control of the levers of government power. If any were to reject a fair defeat, they would be far less likely to ignite the kind of democratic crisis that Mr. Trump set off after his 2020 loss.The State of the 2022 Midterm ElectionsWith the primaries over, both parties are shifting their focus to the general election on Nov. 8.Midterm Data: Could the 2020 polling miss repeat itself? Will this election cycle really be different? Nate Cohn, The Times’s chief political analyst, looks at the data in his new newsletter.Republicans’ Abortion Struggles: Senator Lindsey Graham’s proposed nationwide 15-week abortion ban was intended to unite the G.O.P. before the November elections. But it has only exposed the party’s divisions.Democrats’ Dilemma: The party’s candidates have been trying to signal their independence from the White House, while not distancing themselves from President Biden’s base or agenda.But they do have loud megaphones in a highly polarized media environment, and any unwarranted challenges from the candidates and their allies could fuel anger, confusion and misinformation.“The danger of a Trumpist coup is far from over,” said Rosa Brooks, a law professor at Georgetown University who in early 2020 convened a group to brainstorm ways Mr. Trump could disrupt that year’s election. “As long as we have a significant number of Americans who don’t accept principles of democracy and the rule of law, our democracy remains in jeopardy.”The positions of these Republican candidates also reflect how, over the last two years, some of those aligned with Mr. Trump increasingly reject the idea that it is possible for their side to lose a legitimate election.“You accept the results of the election if the election is fair and honest,” said John Fredericks, a syndicated talk radio host who was a chairman of Mr. Trump’s campaigns in Virginia in 2016 and 2020. “If it’s not fair and honest, you don’t.”Still, many Republican candidates, including several who have cast doubt on the 2020 outcome, said they would recognize this year’s results. Darren Bailey, the Republican nominee for governor of Illinois — who said in a June interview that he did not know if the 2020 election had been decided fairly — responded that “yes,” he would accept the 2022 result.In Nevada, the campaign of Adam Laxalt, the Republican nominee for Senate, said he would not challenge the final results — even though Mr. Laxalt, a former state attorney general, helped lead the effort to overturn Mr. Trump’s 2020 defeat in the state, spoke last year about plans to file lawsuits to contest the 2022 election and called voter fraud the “biggest issue” in his campaign.Joe Lombardo, left, a Republican running for governor of Nevada, and Adam Laxalt, center, the party’s nominee for the Senate, said they would not challenge the state’s results.Roger Kisby for The New York Times“Of course he’ll accept Nevada’s certified election results, even if your failing publication won’t,” said Brian Freimuth, a spokesman for Mr. Laxalt..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-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.And Dr. Mehmet Oz in Pennsylvania, who said during his successful Republican primary campaign for Senate that “we cannot move on” from the 2020 election, promised to uphold voters’ will.“Yes, Dr. Oz will accept the result of the PA Senate race in November,” Rachel Tripp, an Oz spokeswoman, wrote in a text message.Three other Republican Senate candidates — Herschel Walker in Georgia, Joe O’Dea in Colorado and Senator Lisa Murkowski in Alaska — committed to embracing their state’s election results. So did several Republicans running for governor, including Mr. Kemp, Joe Lombardo in Nevada and Christine Drazan of Oregon.Aides to several Republican nominees for governor who have questioned the 2020 election’s legitimacy did not respond to repeated requests for comment on their own races in November. Those candidates included Doug Mastriano of Pennsylvania, Kari Lake of Arizona, Tim Michels of Wisconsin and Dan Cox of Maryland.Ms. Lake was asked in a radio interview this month whether she would concede a defeat to Katie Hobbs, her Democratic rival and Arizona’s secretary of state. “I’m not losing to Katie Hobbs,” Ms. Lake replied.Ms. Hobbs’s spokeswoman, Sarah Robinson, said her candidate “will accept the results of the election in November.”Aides to Senator Ron Johnson of Wisconsin and Don Bolduc, the Republican Senate nominee in New Hampshire, declined to answer questions about acknowledging the results. Mr. Johnson has been a prolific spreader of misinformation about the 2020 election and the Capitol riot. Mr. Bolduc claimed that the 2020 contest was stolen from Mr. Trump until Thursday, when he announced two days after winning his primary that President Biden had won legitimately.During a Republican primary debate in Michigan in June, Ms. Dixon would not commit to honoring the results of the primary — which she went on to win — or the general election, pre-emptively accusing Ms. Benson, the secretary of state, of election fraud.“If we see the secretary of state running a fair election the way she should be, then that’s a different story,” Ms. Dixon said. “We have to see what she’s going to do to make sure it’s going to be a fair election.”In a statement, a representative for Ms. Benson said she and her staff “work tirelessly to ensure the state’s elections are secure and accurate, and expect every candidate and election official to respect the will of the people.”A crowd in Phoenix watched in September 2021 as the findings of a widely criticized Republican-led review of the state’s 2020 votes were presented to state lawmakers.Adriana Zehbrauskas for The New York TimesIn Arizona — where Republicans spent months on a government-funded review of 2020 ballots that failed to show any evidence of fraud — Mr. Masters, the Trump-backed Republican nominee for Senate, baselessly predicted to supporters in July that even if he defeated Senator Mark Kelly, the incumbent Democrat, enough votes would somehow be produced to flip the result.“There’s always cheating, probably, in every election,” Mr. Masters said. “The question is, what’s the cheating capacity?”A Masters aide, Katie Miller, sent The Times an August article in The Arizona Republic in which Mr. Masters said there was “evidence of incompetence” but not of fraud in the state’s primary election. Ms. Miller declined to say if Mr. Masters would respect the November results.Mr. Kelly “has total trust in Arizona’s electoral process,” said a spokeswoman, Sarah Guggenheimer.An aide to Mr. Vance, Taylor Van Kirk, cited the candidate’s primary-season endorsement from Ohio’s Republican secretary of state, Frank LaRose. At the time, Mr. Vance predicted “a successfully run primary election.” But Ms. Van Kirk would not say if Mr. Vance would recognize the November outcome. Mr. Vance did not respond to messages.Mr. Vance’s Democratic opponent, Representative Tim Ryan, “will accept the results of the election,” said his spokeswoman, Jordan Fuja.In Alaska, Republican hesitancy to accept election results centers on the new ranked-choice voting system. After losing an August special election for the House, Sarah Palin warned baselessly that the method was “very, very potentially fraught with fraud.”Tim Murtaugh, a spokesman for Ms. Tshibaka, who is challenging Ms. Murkowski, a fellow Republican, said his candidate would not commit to honoring the race’s outcome. Mr. Murtaugh said — not without merit — that the new voting system “was installed to protect Lisa Murkowski.”Ms. Murkowski’s spokesman, Shea Siegert, said that “the Alaskan people can trust” the state’s elections.Jonathan Felts, a spokesman for Representative Ted Budd of North Carolina, the state’s Republican nominee for Senate — who in Congress voted against certifying the 2020 election — declined to say if Mr. Budd would uphold the state’s results and claimed without evidence that Cheri Beasley, the Democratic nominee and a former State Supreme Court justice, might try to disenfranchise voters.Ms. Beasley said, “I trust that our 2022 election will be administered fairly.”Officials on other Republican campaigns expressed worries that if voters heard too much skepticism about the validity of this year’s elections, it could lead to a replay of the Georgia Senate races in January 2021, when Democrats eked out two narrow victories after Mr. Trump spent weeks railing falsely about election fraud.“The most important thing is to not get depressed about the elections and say, ‘Oh, it’s going to be stolen, so what’s the point of doing this?’” Mr. Diehl, the Republican nominee for governor of Massachusetts, said in a recent radio interview. Mr. Diehl’s spokeswoman, Peggy Rose, replied “no comment” when asked if he would agree to the outcome of the November election.His Democratic opponent, Maura Healey, the state’s attorney general, said, “We will always accept the will of the people.” More

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    ‘A Crisis Coming’: The Twin Threats to American Democracy

    The United States has experienced deep political turmoil several times before over the past century. The Great Depression caused Americans to doubt the country’s economic system. World War II and the Cold War presented threats from global totalitarian movements. The 1960s and ’70s were marred by assassinations, riots, a losing war and a disgraced president.These earlier periods were each more alarming in some ways than anything that has happened in the United States recently. Yet during each of those previous times of tumult, the basic dynamics of American democracy held firm. Candidates who won the most votes were able to take power and attempt to address the country’s problems.The current period is different. As a result, the United States today finds itself in a situation with little historical precedent. American democracy is facing two distinct threats, which together represent the most serious challenge to the country’s governing ideals in decades.The first threat is acute: a growing movement inside one of the country’s two major parties — the Republican Party — to refuse to accept defeat in an election.The violent Jan. 6, 2021, attack on Congress, meant to prevent the certification of President Biden’s election, was the clearest manifestation of this movement, but it has continued since then. Hundreds of elected Republican officials around the country falsely claim that the 2020 election was rigged. Some of them are running for statewide offices that would oversee future elections, potentially putting them in position to overturn an election in 2024 or beyond.“There is the possibility, for the first time in American history, that a legitimately elected president will not be able to take office,” said Yascha Mounk, a political scientist at Johns Hopkins University who studies democracy.The second threat to democracy is chronic but also growing: The power to set government policy is becoming increasingly disconnected from public opinion.The run of recent Supreme Court decisions — both sweeping and, according to polls, unpopular — highlight this disconnect. Although the Democratic Party has won the popular vote in seven of the past eight presidential elections, a Supreme Court dominated by Republican appointees seems poised to shape American politics for years, if not decades. And the court is only one of the means through which policy outcomes are becoming less closely tied to the popular will.Two of the past four presidents have taken office despite losing the popular vote. Senators representing a majority of Americans are often unable to pass bills, partly because of the increasing use of the filibuster. Even the House, intended as the branch of the government that most reflects the popular will, does not always do so, because of the way districts are drawn.“We are far and away the most countermajoritarian democracy in the world,” said Steven Levitsky, a professor of government at Harvard University and a co-author of the book “How Democracies Die,” with Daniel Ziblatt.The causes of the twin threats to democracy are complex and debated among scholars.The chronic threats to democracy generally spring from enduring features of American government, some written into the Constitution. But they did not conflict with majority opinion to the same degree in past decades. One reason is that more populous states, whose residents receive less power because of the Senate and the Electoral College, have grown so much larger than small states.The acute threats to democracy — and the rise of authoritarian sentiment, or at least the acceptance of it, among many voters — have different causes. They partly reflect frustration over nearly a half-century of slow-growing living standards for the American working class and middle class. They also reflect cultural fears, especially among white people, that the United States is being transformed into a new country, more racially diverse and less religious, with rapidly changing attitudes toward gender, language and more.The attack on the Capitol on Jan. 6, 2021, was the clearest manifestation of the growing movement in the Republican Party to refuse to accept defeat in an election.Ashley Gilbertson for The New York TimesThe economic frustrations and cultural fears have combined to create a chasm in American political life, between prosperous, diverse major metropolitan areas and more traditional, religious and economically struggling smaller cities and rural areas. The first category is increasingly liberal and Democratic, the second increasingly conservative and Republican.The political contest between the two can feel existential to people in both camps, with disagreements over nearly every prominent issue. “When we’re voting, we’re not just voting for a set of policies but for what we think makes us Americans and who we are as a people,” Lilliana Mason, a political scientist and the author of “Uncivil Agreement: How Politics Became Our Identity,” said. “If our party loses the election, then all of these parts of us feel like losers.”These sharp disagreements have led many Americans to doubt the country’s system of government. In a recent poll by Quinnipiac University, 69 percent of Democrats and 69 percent of Republicans said that democracy was “in danger of collapse.” Of course, the two sides have very different opinions about the nature of the threat.Many Democrats share the concerns of historians and scholars who study democracy, pointing to the possibility of overturned election results and the deterioration of majority rule. “Equality and democracy are under assault,” President Biden said in a speech this month in front of Independence Hall in Philadelphia. “We do ourselves no favor to pretend otherwise.”Many Republicans have defended their increasingly aggressive tactics by saying they are trying to protect American values. In some cases, these claims rely on falsehoods — about election fraud, Mr. Biden’s supposed “socialism,” Barack Obama’s birthplace, and more.In others, they are rooted in anxiety over real developments, including illegal immigration and “cancel culture.” Some on the left now consider widely held opinions among conservative and moderate Americans — on abortion, policing, affirmative action, Covid-19 and other subjects — to be so objectionable that they cannot be debated. In the view of many conservatives and some experts, this intolerance is stifling open debate at the heart of the American political system.The divergent sense of crisis on left and right can itself weaken democracy, and it has been exacerbated by technology.Conspiracy theories and outright lies have a long American history, dating to the personal attacks that were a staple of the partisan press during the 18th century. In the mid-20th century, tens of thousands of Americans joined the John Birch Society, a far-right group that claimed Dwight Eisenhower was a secret Communist.Today, however, falsehoods can spread much more easily, through social media and a fractured news environment. In the 1950s, no major television network spread the lies about Eisenhower. In recent years, the country’s most watched cable channel, Fox News, regularly promoted falsehoods about election results, Mr. Obama’s birthplace and other subjects.These same forces — digital media, cultural change and economic stagnation in affluent countries — help explain why democracy is also struggling in other parts of the world. Only two decades ago, at the turn of the 21st century, democracy was the triumphant form of government around the world, with autocracy in retreat in the former Soviet empire, Argentina, Brazil, Chile, South Africa, South Korea and elsewhere. Today, the global trend is moving in the other direction.In the late 1990s, 72 countries were democratizing, and only three were growing more authoritarian, according to data from V-Dem, a Swedish institute that monitors democracy. Last year, only 15 countries grew more democratic, while 33 slid toward authoritarianism.Some experts remain hopeful that the growing attention in the United States to democracy’s problems can help avert a constitutional crisis here. Already, Donald Trump’s efforts to overturn the 2020 election failed, partly because of the refusal of many Republican officials to participate, and both federal and state prosecutors are investigating his actions. And while the chronic decline of majority rule will not change anytime soon, it is also part of a larger historical struggle to create a more inclusive American democracy.Still, many experts point out that it still not clear how the country will escape a larger crisis, such as an overturned election, at some point in the coming decade. “This is not politics as usual,” said Carol Anderson, a professor at Emory University and the author of the book, “One Person, No Vote,” about voter suppression. “Be afraid.”The Will of the MajorityDonald Trump’s efforts to overturn the 2020 election failed, partly because of the refusal of many Republican officials to participate.Saul Martinez for The New York TimesThe founders did not design the United States to be a pure democracy.They distrusted the classical notion of direct democracy, in which a community came together to vote on each important issue, and believed it would be impractical for a large country. They did not consider many residents of the new country to be citizens who deserved a voice in political affairs, including Natives, enslaved Africans and women. The founders also wanted to constrain the national government from being too powerful, as they believed was the case in Britain. And they had the practical problem of needing to persuade 13 states to forfeit some of their power to a new federal government.Instead of a direct democracy, the founders created a republic, with elected representatives to make decisions, and a multilayered government, in which different branches checked each other. The Constitution also created the Senate, where every state had an equal say, regardless of population.Pointing to this history, some Republican politicians and conservative activists have argued that the founders were comfortable with minority rule. “Of course we’re not a democracy,” Senator Mike Lee of Utah has written.But the historical evidence suggests that the founders believed that majority will — defined as the prevailing view of enfranchised citizens — should generally dictate national policy, as George Thomas of Claremont McKenna College and other constitutional scholars have explained.In the Federalist Papers, James Madison equated “a coalition of a majority of the whole society” with “justice and the general good.” Alexander Hamilton made similar points, describing “representative democracy” as “happy, regular and durable.” It was a radical idea at the time.For most of American history, the idea has prevailed. Even with the existence of the Senate, the Electoral College and the Supreme Court, political power has reflected the views of people who had the right to vote. “To say we’re a republic not a democracy ignores the past 250 years of history,” Mr. Ziblatt, a political scientist at Harvard University, said.Before 2000, only three candidates won the presidency while losing the popular vote (John Quincy Adams, Rutherford Hayes and Benjamin Harrison), and each served only a single term. During the same period, parties that won repeated elections were able to govern, including the Democratic-Republican Party of Thomas Jefferson’s time, the New Deal Democrats and the Reagan Republicans.The situation has changed in the 21st century. The Democratic Party is in the midst of a historic winning streak. In seven of the past eight presidential elections, stretching back to Bill Clinton’s 1992 victory, the Democratic nominee has won the popular vote. Over more than two centuries of American democracy, no party has previously fared so well over such an extended period.Yet the current period is hardly a dominant Democratic age.What changed? One crucial factor is that, in the past, the parts of the country granted outsize power by the Constitution — less populated states, which tend to be more rural — voted in broadly similar ways as large states and urban areas.This similarity meant that the small-state bonus in the Senate and Electoral College had only a limited effect on national results. Both Democrats and Republicans benefited, and suffered, from the Constitution’s undemocratic features.Democrats sometimes won small states like Idaho, Montana, Utah and Wyoming in the mid-20th century. And California was long a swing state: Between the Great Depression and 2000, Democratic and Republican presidential candidates won it an equal number of times. That the Constitution conferred advantages on residents of small states and disadvantages on Californians did not reliably boost either party.Joe Biden campaigning in Los Angeles in March 2020. He went on to win California in the general election by 29 percentage points.Josh Haner/The New York TimesIn recent decades, Americans have increasingly sorted themselves along ideological lines. Liberals have flocked to large metropolitan areas, which are heavily concentrated in big states like California, while residents of smaller cities and more rural areas have become more conservative.This combination — the Constitution’s structure and the country’s geographic sorting — has created a disconnect between public opinion and election outcomes. It has affected every branch of the federal government: the presidency, Congress and even the Supreme Court.In the past, “the system was still antidemocratic, but it didn’t have a partisan effect,” Mr. Levitsky said. “Now it’s undemocratic and has a partisan effect. It tilts the playing field toward the Republican Party. That’s new in the 21st century.”In presidential elections, the small-state bias is important, but it is not even the main issue. A more subtle factor — the winner-take-all nature of the Electoral College in most states — is. Candidates have never received extra credit for winning state-level landslides. But this feature did not used to matter very much, because landslides were rare in larger states, meaning that relatively few votes were “wasted,” as political scientists say.Today, Democrats dominate a handful of large states, wasting many votes. In 2020, Mr. Biden won California by 29 percentage points; New York by 23 points; and Illinois by 17 points. Four years earlier, Hillary Clinton’s margins were similar.Vote Margins by State in Presidential Elections since 1988 More

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    Trump’s Lawyers Could Face Legal Troubles of Their Own

    Several of the former president’s lawyers are under scrutiny by federal investigators amid squabbling over competence.To understand the pressures, feuds and questions about competence within former President Donald J. Trump’s legal team as he faces potential prosecution on multiple fronts, consider the experience of Eric Herschmann, a former Trump White House lawyer who has been summoned to testify to a federal grand jury.For weeks this summer, Mr. Herschmann tried to get specific guidance from Mr. Trump’s current lawyers on how to handle questions from prosecutors that raise issues of executive privilege or attorney-client privilege.After ignoring Mr. Herschmann or giving him what he seemed to consider perplexing answers to the requests for weeks, two of the former president’s lawyers, M. Evan Corcoran and John Rowley, offered him only broad instructions in late August. Assert sweeping claims of executive privilege, they advised him, after Mr. Corcoran had suggested that an unspecified “chief judge” would ultimately validate their belief that a president’s powers extend far beyond their time in office.Mr. Herschmann, who served on Mr. Trump’s first impeachment defense team but later opposed efforts to reverse the results of the 2020 election, was hardly reassured and sounded confused by the reference to a chief judge.“I will not rely on your say-so that privileges apply here and be put in the middle of a privilege fight between D.O.J. and President Trump,” Mr. Herschmann, a former prosecutor, responded in an email, referring to the Justice Department. The exchange was part of a string of correspondence in which, after having his questions ignored or having the lawyers try to speak directly with him on the phone instead, Mr. Herschmann questioned the competence of the lawyers involved.The emails were obtained by The New York Times from a person who was not on the thread of correspondence. Mr. Herschmann declined to comment.Mr. Herschmann’s opinion was hardly the only expression of skepticism from current and former allies of Mr. Trump who are now worried about a turnstile roster of lawyers representing a client who often defies advice and inserts political rants into legal filings.Mr. Trump’s legal team just won one round in its battle with the Justice Department over the seizure of documents from his residence and private club in Florida, Mar-a-Lago, and it is not clear whether he will face prosecution from the multiple federal and state investigations swirling around him even as he weighs another run for the presidency.Mr. Trump has also just brought on a well-regarded lawyer, Christopher M. Kise, the former solicitor general of Florida, to help lead his legal team, after being rejected by a handful of others he had sought out, including former U.S. attorneys with experience in the jurisdictions where the investigations are unfolding.Mr. Kise agreed to work for the former president for a $3 million fee, an unusually high retainer for Mr. Trump to agree to, according to two people familiar with the figure. Mr. Kise did not respond to an email seeking comment.But Mr. Trump’s legal team has been distinguished in recent months mostly by infighting and the legal problems that some of its members appear to have gotten themselves into in the course of defending him.In a statement, a spokesman for Mr. Trump, Taylor Budowich, said that “the unprecedented and unnecessary weaponization of law enforcement against the Democrats’ most powerful political opponent is a truth that cannot be overshadowed and will continue to be underscored by the vital work being done right now by President Trump and his legal team.”Two members of the Trump legal team working on the documents case, Mr. Corcoran and Christina Bobb, have subjected themselves to scrutiny by federal law enforcement officials over assurances they provided to prosecutors and federal agents in June that the former president had returned all sensitive government documents kept in his residence and subpoenaed by a grand jury, according to people familiar with the situation.That assertion was proved to be untrue after the search of Mar-a-Lago in August turned up more than 100 additional documents with classification markings..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-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs 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.Investigators are seeking information from Ms. Bobb about why she signed a statement attesting to full compliance with the subpoena, and they have signaled they have not ruled out pursuing a criminal inquiry into the actions of either Ms. Bobb or Mr. Corcoran, according to two people briefed on the matter.The attestation was drafted by Mr. Corcoran, but Ms. Bobb added language to it to make it less ironclad a declaration before signing it, according to the people. She has retained the longtime criminal defense lawyer John Lauro, who declined to comment on the investigation.It is unclear whether the authorities have questioned Ms. Bobb yet or whether she has had discussions with Mr. Trump’s other lawyers about the degree to which she would remain bound by attorney-client privilege.Mr. Corcoran and Mr. Rowley did not respond to emails seeking comment.Mr. Corcoran, a former federal prosecutor and insurance lawyer, represented the former Trump aide Stephen K. Bannon in his recent trial for refusing to comply with a subpoena issued by the House committee investigating the Jan. 6 attack on the Capitol. In that case, Mr. Bannon claimed he believed he had immunity from testimony because of executive privilege; Mr. Trump later said he would not seek to invoke executive privilege for Mr. Bannon.Mr. Corcoran, the son of a former Republican congressman from Illinois, has told associates that he is the former president’s “main” lawyer and has insisted to colleagues that he does not need to retain his own counsel, as Ms. Bobb has.But several Trump associates have said privately that they believe Mr. Corcoran cannot continue in his role on the documents investigation. That view is shared by some of Mr. Trump’s advisers, who have suggested Mr. Corcoran needs to step away, in part because of his own potential legal exposure and in part because he has had little experience with criminal defense work beyond his stint as a federal prosecutor for the U.S. attorney in Washington more than two decades ago.Mr. Trump has at least 10 lawyers working on the main investigations he faces. Mr. Corcoran, Ms. Bobb and Mr. Kise are focused on the documents case, along with James M. Trusty, a former senior Justice Department official. Three lawyers on the team — Mr. Corcoran, Mr. Rowley and Timothy Parlatore — represent other clients who are witnesses in cases related to Mr. Trump’s efforts to stay in power.To the extent anyone is regarded as a quarterback of the documents and Jan. 6-related legal teams, it is Boris Epshteyn, a former campaign adviser and a graduate of the Georgetown University law school. Some aides tried to block his calls to Mr. Trump in 2020, according to former White House officials, but Mr. Epshteyn now works as an in-house counsel to Mr. Trump and speaks with him several times a day.Mr. Epshteyn played a key role coordinating efforts by a group of lawyers for and political allies of Mr. Trump immediately after the 2020 election to prevent Joseph R. Biden Jr. from becoming president. Because of that role, he has been asked to testify in the state investigation in Georgia into the efforts to reverse Mr. Biden’s victory there.Mr. Epshteyn’s phone was seized by the F.B.I. last week as part of the broad federal criminal inquiry into the attempts to overturn the election results and the Jan. 6 assault on the Capitol. That prompted alarm among some of Mr. Trump’s allies and advisers about him remaining in a position of authority on the legal team.It is not clear how much strategic direction and leadership Mr. Kise may provide. But he is joining a team defined by warring camps and disputes over legal issues.In his emails to Mr. Corcoran and Mr. Rowley, Mr. Herschmann — a prominent witness for the House select committee on Jan. 6 and what led to it — invoked Mr. Corcoran’s defense of Mr. Bannon and argued pointedly that case law about executive privilege did not reflect what Mr. Corcoran believed it did.Mr. Herschmann made clear in the emails that absent a court order precluding a witness from answering questions on the basis of executive privilege, which he had repeatedly implored them to seek, he would be forced to testify.“I certainly am not relying on any legal analysis from either of you or Boris who — to be clear — I think is an idiot,” Mr. Herschmann wrote in a different email. “When I questioned Boris’s legal experience to work on challenging a presidential election since he appeared to have none — challenges that resulted in multiple court failures — he boasted that he was ‘just having fun,’ while also taking selfies and posting pictures online of his escapades.”Mr. Corcoran at one point sought to get on the phone with Mr. Herschmann to discuss his testimony, instead of simply sending the written directions, which alarmed Mr. Herschmann, given that Mr. Herschmann was a witness, the emails show.In language that mirrored the federal statute against witness tampering, Mr. Herschmann told Mr. Corcoran that Mr. Epshteyn, himself under subpoena in Georgia, “should not in any way be involved in trying to influence, delay or prevent my testimony.”“He is not in a position or qualified to opine on any of these issues,” Mr. Herschmann said.Mr. Epshteyn declined to respond to a request for comment.Nearly four weeks after Mr. Herschmann first asked for an instruction letter and for Mr. Trump’s lawyers to seek a court order invoking a privilege claim, the emails show that he received notification from the lawyers — in the early morning hours of the day he was scheduled to testify — that they had finally done as he asked.His testimony was postponed.Michael S. Schmidt More