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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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    ‘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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    Donald Trump Is Not Above the Law

    Over the course of this summer, the nation has been transfixed by the House select committee’s hearings on the events of Jan. 6, 2021, and how or whether Donald Trump might face accountability for what happened that day. The Justice Department remained largely silent about its investigations of the former president until this month, when the F.B.I. searched his home in Palm Beach, Fla., in a case related to his handling of classified documents. The spectacle of a former president facing criminal investigation raises profound questions about American democracy, and these questions demand answers.Mr. Trump’s unprecedented assault on the integrity of American democracy requires a criminal investigation. The disturbing details of his postelection misfeasance, meticulously assembled by the Jan. 6 committee, leaves little doubt that Mr. Trump sought to subvert the Constitution and overturn the will of the American people. The president, defeated at the polls in 2020, tried to enlist federal law enforcement authorities, state officials and administrators of the nation’s electoral system in a furious effort to remain in power. When all else failed, he roused an armed mob that stormed the Capitol and threatened lawmakers.The Justice Department is reportedly examining Mr. Trump’s conduct, including his role in trying to overturn the election and in taking home classified documents. If Attorney General Merrick Garland and his staff conclude that there is sufficient evidence to establish Mr. Trump’s guilt on a serious charge in a court of law, then they must indict him, too.This board is aware that in deciding how Mr. Trump should be held accountable under the law it is necessary to consider not just whether criminal prosecution would be warranted but whether it would be wise. No American president has ever been criminally prosecuted after leaving office. When President Gerald Ford pardoned Richard Nixon, he ensured that Nixon would not be prosecuted for crimes committed during the Watergate scandal; Ford explained this decision with the warning that such a prosecution posed grave risks of rousing “ugly passions” and worsening political polarization.That warning is just as salient today. Pursuing prosecution of Mr. Trump could further entrench support for him and play into the conspiracy theories he has sought to stoke. It could inflame the bitter partisan divide, even to the point of civil unrest. A trial, if it is viewed as illegitimate, could also further undermine confidence in the rule of law, whatever the eventual outcome.The risks of political escalation are obvious. The Democratic and Republican parties are already in the thick of a cycle of retribution that could last generations. There is a substantial risk that, if the Justice Department does prosecute Mr. Trump, future presidents — whether Mr. Trump himself or someone of his ilk — could misuse the precedent to punish political rivals. If their party takes a majority in the House of Representatives after the midterm elections, some Republicans have already threatened to impeach President Biden.There is an even more immediate threat of further violence, and it is a possibility that Americans should, sadly, be prepared for. In the hours after federal agents began a court-approved search of Mr. Trump’s residence in Palm Beach, based on a warrant investigating possible violations of three federal laws, including one that governs the handling of defense information under the Espionage Act, his most fervent supporters escalated their rhetoric to the language of warfare. As The Times noted, “The aggressive, widespread response was arguably the clearest outburst of violent public rhetoric since the days leading up to the Jan. 6 attack on the Capitol.”Mr. Garland has been deliberate, methodical and scrupulous in his leadership of the Justice Department’s investigations of the Jan. 6 attack and the transfer of documents to Mr. Trump’s home. But no matter how careful he is or how measured the prosecution might be, there is a real and significant risk from those who believe that any criticism of Mr. Trump justifies an extreme response.Yet it is a far greater risk to do nothing when action is called for. Aside from letting Mr. Trump escape punishment, doing nothing to hold him accountable for his actions in the months leading up to Jan. 6 could set an irresistible precedent for future presidents. Why not attempt to stay in power by any means necessary or use the power of the office to enrich oneself or punish one’s enemies, knowing that the law does not apply to presidents in or out of office?More important, democratic government is an ideal that must constantly be made real. America is not sustained by a set of principles; it is sustained by resolute action to defend those principles.Immediately after the Jan. 6 insurrection, cabinet members reportedly debated privately whether to remove Mr. Trump from power under the authority of the 25th Amendment. A week after the attack, the House impeached Mr. Trump for the second time. This editorial board supported his impeachment and removal from office; we also suggested that the former president and lawmakers who participated in the Jan. 6 plot could be permanently barred from holding office under a provision of the 14th Amendment that applies to any official who has “engaged in insurrection or rebellion” or given “aid or comfort” to those who have done so. But most Republicans in the Senate refused to convict Mr. Trump, and Congress has yet to invoke that section of the 14th Amendment against him. As a result, the threat that Mr. Trump and his most ardent supporters pose to American democracy has metastasized.Even now, the former president continues to spread lies about the 2020 election and denounce his vice president, Mike Pence, for not breaking the law on his behalf. Meanwhile, dozens of people who believe Mr. Trump’s lies are running for state and national elected office. Many have already won, some of them elevated to positions that give them control over how elections are conducted. In June the Republican Party in Texas approved measures in its platform declaring that Mr. Biden’s election was illegitimate. And Mr. Trump appears prepared to start a bid for a second term as president.Mr. Trump’s actions as a public official, like no others since the Civil War, attacked the heart of our system of government. He used the power of his office to subvert the rule of law. If we hesitate to call those actions and their perpetrator criminal, then we are saying he is above the law and giving license to future presidents to do whatever they want.In addition to a federal investigation by the Justice Department, Mr. Trump is facing a swirl of civil and criminal liability in several other cases: a lawsuit by the attorney general for the District of Columbia over payments during his inauguration ceremonies; a criminal investigation in Westchester County, N.Y., over taxes on one of his golf courses; a criminal case in Fulton County, Ga., over interference in the 2020 election; a criminal case by the Manhattan district attorney over the valuation of Mr. Trump’s properties; and a civil inquiry by New York’s attorney general into Mr. Trump and the Trump Organization.The specific crimes the Justice Department could consider would likely involve Mr. Trump’s fraudulent efforts to get election officials in Georgia, Arizona and elsewhere to declare him the winner even though he lost their states; to get Mr. Pence, at the Jan. 6 congressional certification of the election, to throw out slates of electors from states he lost and replace them with electors loyal to Mr. Trump; and to enlist officials from the Departments of Justice, Homeland Security and Defense to persuade officials in certain states to swing the election to him and ultimately stir up a mob that attacked the Capitol. The government could also charge Mr. Trump with seditious conspiracy, a serious charge that federal prosecutors have already brought against leaders of far-right militia groups who participated in the Capitol invasion.The committee hearings make it clear: Mr. Trump must have known he was at the center of a frantic, sprawling and knowingly fraudulent effort that led directly to the Capitol siege. For hours, Mr. Trump refused to call off the mob.The testimony from hundreds of witnesses, many of them high-ranking Republican officials from his own administration, reveal Mr. Trump’s unrelenting efforts, beginning months before Election Day and continuing through Jan. 6, to sow doubt about the election, to refuse to accept the result of that election and then to pursue what he must have known were illegal and unconstitutional means to overturn it. Many participants sought pre-emptive pardons for their conduct — an indication they knew they were violating the law.Other evidence points to other crimes, like obstruction of Congress, defined as a corrupt obstruction of the “proper administration of the law.” The fake-elector scheme that Mr. Trump and his associates pushed before Jan. 6 appears to meet this definition. That may explain why at least three of Mr. Trump’s campaign lawyers were unwilling to participate in the plot. People involved in it were told it was not “legally sound” by White House lawyers, but they moved forward with it anyway.Cassidy Hutchinson, a top aide to Mr. Trump’s last chief of staff, Mark Meadows, provided powerful evidence that could be used to charge Mr. Trump with seditious conspiracy. In her public testimony at a Jan. 6 committee hearing, she said that Mr. Trump was informed that many in the throng of supporters waiting to hear him speak on the Ellipse that day were armed but that he demanded they be allowed to skip the metal detectors that had been installed for his security. “They’re not here to hurt me,” he said, according to Ms. Hutchinson. “Let my people in. They can march to the Capitol from here.”If Mr. Garland decides to pursue prosecution, a message that the Justice Department must send early and often is that even if Mr. Trump genuinely believed, as he claimed, that the election had been marred by fraud, his schemes to interfere in the certification of the vote would still be crimes. And even though Mr. Trump’s efforts failed, these efforts would still be crimes. More than 850 other Americans have already been charged with crimes for their roles in the Capitol attack. Well-meaning intentions did not shield them from the consequences of their actions. It would be unjust if Mr. Trump, the man who inspired them, faced no consequences.No one should revel in the prospect of this or any former president facing criminal prosecution. Mr. Trump’s actions have brought shame on one of the world’s oldest democracies and destabilized its future. Even justice before the law will not erase that stain. Nor will prosecuting Mr. Trump fix the structural problems that led to the greatest crisis in American democracy since the Civil War. But it is a necessary first step toward doing so.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.

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    There Is No Happy Ending to America’s Trump Problem

    Debate about the search of Donald Trump’s Mar-a-Lago residence has settled into well-worn grooves. Mr. Trump and many Republicans have denounced the act as illegitimate. Attorney General Merrick Garland is staying mostly mum. And Democrats are struggling to contain their enthusiasm.Liberal excitement is understandable. Mr. Trump faces potential legal jeopardy from the Jan. 6 investigation in Congress and the Mar-a-Lago search. They anticipate fulfilling a dream going back to the earliest days of the Trump administration: to see him frog-marched to jail before the country and the world.But this is a fantasy. There is no scenario following from the present that culminates in a happy ending for anyone, even for Democrats.Down one path is the prosecution of the former president. This would be a Democratic administration putting the previous occupant of the White House, the ostensible head of the Republican Party and the current favorite to be the G.O.P. presidential nominee in 2024, on trial. That would set an incredibly dangerous precedent. Imagine, each time the presidency is handed from one party to the other, an investigation by the new administration’s Justice Department leads toward the investigation and possible indictment of its predecessor.Some will say that Mr. Trump nonetheless deserves it — and he does. If Mr. Garland does not press charges against him for Jan. 6 or the potential mishandling of classified government documents, Mr. Trump will have learned that becoming president has effectively immunized him from prosecution. That means the country would be facing a potential second term for Mr. Trump in which he is convinced that he can do whatever he wants with complete impunity.That seems to point to the need to push forward with a case, despite the risk of turning it into a regular occurrence. As many of Mr. Trump’s detractors argue, the rule of law demands it — and failing to fulfill that demand could end up being extremely dangerous.But we’ve been through a version of the turbulent Trump experience before. During the Trump years, the system passed its stress test. We have reason to think it would do so again, especially with reforms to the Electoral Count Act likely to pass during the lame duck session following the upcoming midterm elections, if not before. Having to combat an emboldened Mr. Trump or another bad actor would certainly be unnerving and risky. But the alternatives would be too.We caught a glimpse of those alternative risks as soon as the Mar-a-Lago raid was announced. Within hours, leading Republicans had issued inflammatory statements, and these statements would likely grow louder and more incendiary through any trial, both from Mr. Trump himself and from members of his party and its media rabble-rousers. (Though at a federal judge’s order a redacted version of the warrant affidavit may soon be released, so Mr. Trump and the rest of his party would have to contend with the government’s actual justification of the raid itself.)If the matter culminates in an indictment and trial of Mr. Trump, the Republican argument would be more of what we heard day in and day out through his administration. His defenders would claim that every person ostensibly committed to the dispassionate upholding of the rule of law is in fact motivated by rank partisanship and a drive to self-aggrandizement. This would be directed at the attorney general, the F.B.I., the Justice Department and other branches of the so-called deep state. The spectacle would be corrosive, in effect convincing most Republican voters that appeals to the rule of law are invariably a sham.But the nightmare wouldn’t stop there. What if Mr. Trump declares another run for the presidency just as he’s indicted and treats the trial as a circus illustrating the power of the Washington swamp and the need to put Republicans back in charge to drain it? It would be a risible claim, but potentially a politically effective one. And he might well continue this campaign even if convicted, possibly running for president from a jail cell. It would be Mr. Trump versus the System. He would be reviving an old American archetype: the folk-hero outlaw who takes on and seeks to take down the powerful in the name of the people.We wouldn’t even avoid potentially calamitous consequences if Mr. Trump somehow ended up barred from running or his party opted for another candidate to be its nominee in 2024 — say, Ron DeSantis, the governor of Florida. How long do you think it would take for a freshly inaugurated President DeSantis to pardon a convicted and jailed Donald Trump? Hours? Minutes? And that move would probably be combined with a promise to investigate and indict Joe Biden for the various “crimes” he allegedly committed in office.The instinct of Democrats is to angrily dismiss such concerns. But that doesn’t mean these consequences wouldn’t happen. Even if Mr. Garland’s motives and methods are models of judiciousness and restraint, the act of an attorney general of one party seeking to indict and convict a former and possibly future president of the other party is the ringing of a bell that cannot be unrung. It is guaranteed to be undertaken again, regardless of whether present and future accusations are justified.As we’ve seen over and over again since Mr. Trump won the presidency, our system of governance presumes a certain base level of public spiritedness — at the level of the presidency, in Congress and in the electorate at large. When that is lacking — when an aspersive figure is elected, when he maintains strong popular support within his party and when that party remains electorally viable — high-minded efforts to act as antibodies defending the body politic from the spread of infection can end up doing enduring harm to the patient. Think of all those times during the Trump presidency when well-meaning sources inside and outside the administration ended up undermining their own credibility by hyping threats and overpromising evidence of wrongdoing and criminality.That’s why it’s imperative we set aside the Plan A of prosecuting Mr. Trump. In its place, we should embrace a Plan B that defers the dream of a post-presidential perp walk in favor of allowing the political process to run its course. If Mr. Trump is the G.O.P. nominee again in 2024, Democrats will have no choice but to defeat him yet again, hopefully by an even larger margin than they did last time.Mr. Trump himself and his most devoted supporters will be no more likely to accept that outcome than they were after the 2020 election. The bigger the margin of his loss, the harder it will be for Mr. Trump to avoid looking like a loser, which is the outcome he dreads more than anything — and one that would be most likely to loosen his grip on his party.There is an obvious risk: If Mr. Trump runs again, he might win. But that’s a risk we can’t avoid — which is why we may well have found ourselves in a situation with no unambivalently good options.Damon Linker, a former columnist at The Week, writes the newsletter “Eyes on the Right” and is a senior fellow in the Open Society Project at the Niskanen Center.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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    American Idols: Dr. Oz, Trump and the Celebrity to Politics Pipeline

    Celebrities. They are ubiquitous in American culture and now, ever increasingly, in our politics. From Donald Trump to Dr. Oz, the memeification of Justice Ruth Bader Ginsburg and President Volodymyr Zelensky of Ukraine — the power of celebrity has gripped our democracy and society. We want our elected officials to be superstars, but is that a good thing?[You can listen to this episode of “The Argument” on Apple, Spotify, Amazon Music, or Google, or wherever you get your podcasts.]So today, host Jane Coaston is joined by Jessica Bennett, contributing editor to Times Opinion and Frank Bruni, a contributing Opinion writer, to discuss our modern celebrity politics phenomenon and how it’s shaping our cultural and political realities. “I’m distressed that we’ve conflated celebrity and politics because I think it gives politicians the wrong goals, the wrong motives,” Bruni says. And a lot of that is on us — the fans. “We place values on celebrities that may not actually represent them, and they become something outside of themselves,” Bennett says. “They start to represent something that has nothing to do with the person who’s actually there.”Warning: This episode contains explicit language. Mentioned in this episode:“Dr. Does-It-All” by Frank Bruni in The New York Times Magazine “He’s Sorry, She’s Sorry, Everybody Is Sorry. Does It Matter?” by Jessica BennettSign up for Frank Bruni’s newsletter for New York Times Opinion here. (A full transcript of the episode will be available midday on the Times website.)Hannah Beier/ReutersThoughts? Email us at argument@nytimes.com or leave us a voice mail message at (347) 915-4324. We want to hear what you’re arguing about with your family, your friends and your frenemies. (We may use excerpts from your message in a future episode.)By leaving us a message, you are agreeing to be governed by our reader submission terms and agreeing that we may use and allow others to use your name, voice and message.“The Argument” is produced by Phoebe Lett and Vishakha Darbha. Edited by Alison Bruzek and Anabel Bacon. With original music by Isaac Jones and Pat McCusker. Mixing by Pat McCusker. Fact-checking by Kate Sinclair, Michelle Harris and Mary Marge Locker. Audience strategy by Shannon Busta with editorial support from Kristina Samulewski. More