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    The Absurd Argument Against Making Trump Obey the Law

    This article has been updated to include new information about a man who attempted to breach an F.B.I. field office.It took many accidents, catastrophes, misjudgments and mistakes for Donald Trump to win the presidency in 2016. Two particularly important errors came from James Comey, then the head of the F.B.I., who was excessively worried about what Trump’s supporters would think of the resolution of the investigation into Hillary Clinton’s emails.First, in July 2016, Comey broke protocol to give a news conference in which he criticized Clinton even while announcing that she’d committed no crime. He reportedly did this because he wanted to protect the reputation of the F.B.I. from inevitable right-wing claims that the investigation had been shut down for political reasons.Then, on Oct. 28, just days before the election, Comey broke protocol again, telling Congress that the Clinton investigation had been reopened because of emails found on the laptop of the former congressman Anthony Weiner. The Justice Department generally discourages filing charges or taking “overt investigative steps” close to an election if they might influence the result. Comey disregarded this because, once again, he dreaded a right-wing freakout once news of the reopened investigation emerged.“The prospect of oversight hearings, led by restive Republicans investigating an F.B.I. ‘cover-up,’ made everyone uneasy,” The New Yorker reported. In Comey’s memoir, he admitted fearing that concealing the new stage of the investigation — which ended up yielding nothing — would make Clinton, who he assumed would win, seem “illegitimate.” (He didn’t, of course, feel similarly compelled to make public the investigation into Trump’s ties to Russia.)Comey’s attempts to pre-empt a conservative firestorm blew up in his face. He helped put Trump in the White House, where Trump did generational damage to the rule of law and led us to a place where prominent Republicans are calling for abolishing the F.B.I.This should be a lesson about the futility of shaping law enforcement decisions around the sensitivities of Trump’s base. Yet after the F.B.I. executed a search warrant at Trump’s beachfront estate this week, some intelligent people have questioned the wisdom of subjecting the former president to the normal operation of the law because of the effect it will have on his most febrile admirers.Andrew Yang, one of the founders of a new centrist third party, tweeted about the “millions of Americans who will see this as unjust persecution.” Damon Linker, usually one of the more sensible centrist thinkers, wrote, “Rather than healing the country’s civic wounds, the effort to punish Trump will only deepen them.”The Atlantic’s Tim Alberta described feeling “nauseous” watching coverage of the raid. “What we must acknowledge — even those of us who believe Trump has committed crimes, in some cases brazenly so, and deserves full prosecution under the law — is that bringing him to justice could have some awful consequences,” he wrote.In some sense, Alberta’s words are obviously true; Trumpists are already issuing death threats against the judge who signed off on the warrant, and a Shabbat service at his synagogue was reportedly canceled because of the security risk. On Thursday, an armed man tried to breach an F.B.I. field office in Ohio, and The New York Times reported that he appears to have attended a pro-Trump rally in Washington the night before the Jan. 6 attack on the Capitol. The former president relishes his ability to stir up a mob; it’s part of what makes him so dangerous.We already know, however, that the failure to bring Trump to justice — for his company’s alleged financial chicanery and his alleged sexual assault, for obstructing Robert Mueller’s special counsel investigation and turning the presidency into a squalid influence-peddling operation, for trying to steal an election and encouraging an insurrection — has been disastrous.What has strengthened Trump has not been prosecution but impunity, an impunity that some of those who stormed the Capitol thought, erroneously, applied to them as well. Trump’s mystique is built on his defiance of rules that bind everyone else. He is reportedly motivated to run for president again in part because the office will protect him from prosecution. If we don’t want the presidency to license crime sprees, we should allow presidents to be indicted, not accept some dubious norm that ex-presidents shouldn’t be.We do not know the scope of the investigation that led a judge to authorize the search of Mar-a-Lago, though it reportedly involves classified documents that Trump failed to turn over to the government even after being subpoenaed. More could be revealed soon: Attorney General Merrick Garland announced on Thursday that the Justice Department had filed a motion in court to unseal the search warrant.It should go without saying that Trump and his followers, who howled “Lock her up!” about Clinton, do not believe that it is wrong for the Justice Department to pursue a probe against a presidential contender over the improper handling of classified material. What they believe is that it is wrong to pursue a case against Trump, who bonds with his acolytes through a shared sense of aggrieved victimization.The question is how much deference the rest of us should give to this belief. No doubt, Trump’s most inflamed fans might act out in horrifying ways; many are heavily armed and speak lustily about civil war. To let this dictate the workings of justice is to accept an insurrectionists’ veto. The far right is constantly threatening violence if it doesn’t get its way. Does anyone truly believe that giving in to its blackmail will make it less aggressive?It was Trump himself who signed a law making the removal and retention of classified documents a felony punishable by up to five years in prison. Those who think that it would be too socially disruptive to apply such a statute to him should specify which laws they believe the former president is and is not obliged to obey. And those in charge of enforcing our laws should remember that the caterwauling of the Trump camp is designed to intimidate them and such intimidation helped him become president in the first place.Trump shouldn’t be prosecuted because of politics, but he also shouldn’t be spared because of them. The only relevant question is whether he committed a crime, not what crimes his devotees might commit if he’s held to account.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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    At 79, Biden Is Testing the Boundaries of Age and the Presidency

    President Biden has said he plans to run for a second term, but his age has become an uncomfortable issue for him and his party.WASHINGTON — When President Biden leaves Tuesday night for a four-day swing through the Middle East, he will presumably be more rested than he would have been had he followed the original plan.The trip was initially tacked onto another journey last month to Europe, which would have made for an arduous 10-day overseas trek until it became clear to Mr. Biden’s team that such extended travel might be unnecessarily taxing for a 79-year-old president, or “crazy,” as one official put it.Aides also cited political and diplomatic reasons to reorganize the extra stops as a separate trip weeks later. But the reality is that managing the schedule of the oldest president in American history presents distinct challenges. And as Mr. Biden insists he plans to run for a second term, his age has increasingly become an uncomfortable issue for him, his team and his party.Just a year and a half into his first term, Mr. Biden is already more than a year older than Ronald Reagan was at the end of two terms. If he mounts another campaign in 2024, Mr. Biden would be asking the country to elect a leader who would be 86 at the end of his tenure, testing the outer boundaries of age and the presidency. Polls show many Americans consider Mr. Biden too old, and some Democratic strategists do not think he should run again.It is, unsurprisingly, a sensitive topic in the West Wing. In interviews, some sanctioned by the White House and some not, more than a dozen current and former senior officials and advisers uniformly reported that Mr. Biden remained intellectually engaged, asking smart questions at meetings, grilling aides on points of dispute, calling them late at night, picking out that weak point on Page 14 of a memo and rewriting speeches like his abortion remarks on Friday right up until the last minute.But they acknowledged Mr. Biden looks older than just a few years ago, a political liability that cannot be solved by traditional White House stratagems like staff shake-ups or new communications plans. His energy level, while impressive for a man of his age, is not what it was, and some aides quietly watch out for him. He often shuffles when he walks, and aides worry he will trip on a wire. He stumbles over words during public events, and they hold their breath to see if he makes it to the end without a gaffe.Although White House officials insist they make no special accommodations the way Reagan’s team did, privately they try to guard Mr. Biden’s weekends in Delaware as much as possible. He is generally a five- or five-and-a-half-day-a-week president, although he is called at any hour regardless of the day as needed. He stays out of public view at night and has taken part in fewer than half as many news conferences or interviews as recent predecessors.Mr. Biden fell off his bike in Delaware last month. He did not appear to suffer any injuries, but the incident attracted widespread attention.Sarah Silbiger for The New York TimesWhen Mr. Biden fell while dismounting a bicycle last month, White House officials ruefully noticed that it was among the top stories of the week — never mind that the president works out five mornings a week, often with a physical trainer, or that many men his age hardly ride bikes anymore.Mr. Biden himself has said questions about his fitness are reasonable to ask even as he reassures Americans that he is in good shape. Even for some admirers, though, the question is whether that will last six more years.The Biden PresidencyWith midterm elections looming, here’s where President Biden stands.Struggling to Inspire: At a time of political tumult and economic distress, President Biden has appeared less engaged than Democrats had hoped.Low Approval Rating: Despite early warnings from his pollster, Mr. Biden’s approval among Americans has reached the lowest level of his presidency.Rallying Allies: Faced with Russia’s invasion of Ukraine, Mr. Biden has set out to bolster the West and outline a more muscular NATO.Staff Changes: An increasing number of West Wing departures has added to the sense of frustration inside the Biden White House.Looking Ahead to 2024: Amid doubts from Democrats, aides say Mr. Biden is irked by persistent questions over his plans to seek re-election.“I do feel it’s inappropriate to seek that office after you’re 80 or in your 80s,” said David Gergen, a top adviser to four presidents. “I have just turned 80 and I have found over the last two or three years I think it would have been unwise for me to try to run any organization. You’re not quite as sharp as you once were.”Everyone ages differently, of course, and some experts put Mr. Biden in a category of “super-agers” who remain unusually fit as they advance in years.“Right now, there’s no evidence that the age of Biden should matter one ounce,” said S. Jay Olshansky, a longevity specialist at the University of Illinois Chicago who studied the candidates’ ages in 2020. “If people don’t like his policies, they don’t like what he says, that’s fine, they can vote for someone else. But it’s got nothing to do with how old he is.”Still, Professor Olshansky said it was legitimate to wonder if that would remain so at 86. “That’s the right question to be asking,” he said. “You can’t sugarcoat aging. Things go wrong as we get older and the risks rise the older we get.”The White House rejected the idea that Mr. Biden was anything other than a seven-day commander in chief. “President Biden works every day and because chief executives can perform their duties from anywhere in the world, it has long been common for them to spend weekends away from the White House,” Andrew Bates, a deputy press secretary, said after this article was published online.The president’s medical report in November indicated he had atrial fibrillation but that it was stable and asymptomatic. Mr. Biden’s “ambulatory gait is perceptibly stiffer and less fluid than it was a year or so ago,” the report said, and gastroesophageal reflux causes him to cough and clear his throat, symptoms that “certainly seem to be more frequent and more pronounced.”But overall, Dr. Kevin C. O’Connor, the president’s physician, pronounced him “a healthy, vigorous 78-year-old male who is fit to successfully execute the duties of the presidency.”Questions about Mr. Biden’s fitness have nonetheless taken a toll on his public standing. In a June survey by Harvard’s Center for American Political Studies and the Harris Poll, 64 percent of voters believed he was showing that he is too old to be president, including 60 percent of respondents 65 or older.Mr. Biden’s public appearances have fueled that perception. His speeches can be flat and listless. He sometimes loses his train of thought, has trouble summoning names or appears momentarily confused. More than once, he has promoted Vice President Kamala Harris, calling her “President Harris.” Mr. Biden, who overcame a childhood stutter, stumbles over words like “kleptocracy.” He has said Iranian when he meant Ukrainian and several times called Senator Mark Warner, Democrat of Virginia, “John,” confusing him with the late Republican senator of that name from Virginia.Republicans and conservative media gleefully highlight such moments, posting viral videos, sometimes exaggerated or distorted to make Mr. Biden look even worse. But the White House has had to walk back some of his ad-libbed comments, such as when he vowed a military response if China attacks Taiwan or declared that President Vladimir V. Putin “cannot remain in power” in Russia.Mr. Biden was famously prone to gaffes even as a younger man, and aides point to his marathon meetings with families of mass shooting victims or his working the rope line during a trip to Cleveland this past week as evidence of stamina.Mike Donilon, a senior adviser who began working for Mr. Biden some 40 years ago, said he did not see any change. “On the way back from long trips when the staff is wiped out, he’ll want to spend four hours planning for how we hit the ground running on domestic policy, when all much younger staff want to do is sleep,” he said.Mr. Biden is not the first president to confront questions of age. The issue came up repeatedly under President Donald J. Trump, who is four years younger. Mr. Trump’s diminished vocabulary, tendency to meander, sometimes incoherent remarks, light office schedule and struggles to process information led critics to conclude that he was in decline.At one point, he had trouble lifting a glass of water to his lips and stepping down a ramp, and he also made an unexplained trip to the hospital. By the end of his term, he was boasting about passing a cognitive test meant to detect signs of dementia. If he runs again in 2024, it could be a contest between two men who would serve in their 80s.Reagan had previously been the oldest president. He once joked during a debate that he would not exploit “my opponent’s youth and inexperience.”Ron Edmonds/Associated PressUntil now, the oldest president was Reagan. When a poor debate performance in 1984 briefly threatened his re-election, he recovered in his next encounter by joking that he would not exploit “my opponent’s youth and inexperience.”“Reagan understood this issue, both intuitively and he had thought it through,” said the biographer Lou Cannon. “And he told me, ‘Age will be an issue if I act old and it won’t if I don’t.’”By Reagan’s final years, a new set of aides secretly assessed whether he might have to be removed from office under the 25th Amendment’s disability clause, but ultimately concluded he was still fit. (Five years after leaving the White House, he was diagnosed with Alzheimer’s disease.)Still, aides tried to limit his schedule, monitored sharply by the first lady, Nancy Reagan. “That’s one of the first lessons we had, to not overschedule,” recalled Tom Griscom, one of those aides. Nor should they send excessive briefing papers at night. “After a couple weeks,” he said, “a message came back down from Mrs. Reagan asking us not to send so much up in the evening because he would read it all,” staying up late.Mr. Biden’s advisers say he resists such management and pushes in the other direction. “He’s driving additions to his schedule all the time, whether it’s new C.E.O. calls or night meetings with members,” said Jennifer O’Malley Dillon, the deputy chief of staff who oversees his calendar.But aides are cautious about exposing him to the coronavirus. Aides are tested once a week and wear colored wristbands on the day of their test; if they plan to attend a meeting with the president on another day, then they must test that morning, too, and wear N95 masks.The White House seems equally determined to guard Mr. Biden against unscripted interactions with the news media. He has held just 16 news conferences since taking office, less than half as many as Mr. Trump, Barack Obama and George W. Bush had by this stage and less than a third as many as Bill Clinton and George H.W. Bush, according to Martha Joynt Kumar, a longtime scholar of presidential media strategy.Likewise, Mr. Biden has given just 38 interviews, far fewer than Mr. Trump (116), Mr. Obama (198), the younger Mr. Bush (71), Mr. Clinton (75) and the older Mr. Bush (86). Mr. Biden has been more accessible taking a few questions informally after a speech or other event, which he has done 290 times, compared with 213 by Mr. Trump and 64 by Mr. Obama.During his European trip last month, foreign leaders followed his lead while protectively treating him like a distinguished elderly relative. At a photo opportunity, Chancellor Olaf Scholz of Germany gently pointed Mr. Biden in the direction of the cameras. Just before a meeting, a reporter twice shouted a question about getting grain out of Ukraine. When Mr. Biden could not hear the question, Boris Johnson, the British prime minister, rescued him. “We’re working on it,” Mr. Johnson responded.Mr. Biden at a working lunch with other Group of 7 leaders in Germany last month. On one day of his trip, his public schedule finished with a 3:30 p.m. event.Kenny Holston for The New York TimesAt times, Mr. Biden kept a packed schedule. On the day he flew to Madrid for a NATO summit, he met with multiple leaders and finished with a dinner hosted by King Felipe VI and Queen Letizia of Spain. On another day, though, he skipped evening festivities with other leaders, and his public schedule finished with a 3:30 p.m. event.But aides said he was busy and stayed up working late each night of the trip out of view — just as they say they expect him to in the coming week as he hits the road again in Israel and Saudi Arabia.Jim Tankersley More

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    Biden Irked by Democrats Who Won’t Take ‘Yes’ for an Answer on 2024

    The White House is trying to tamp down speculation about plans to seek re-election, while aides say President Biden is bristling at the persistent questions.WASHINGTON — Earlier this month, when Senator Bernie Sanders said he would not challenge President Biden in 2024, Mr. Biden was so relieved he invited his former rival to dinner at the White House the next night.Mr. Biden has been eager for signs of loyalty — and they have been few and far between. Facing intensifying skepticism about his capacity to run for re-election when he will be nearly 82, the president and his top aides have been stung by the questions about his plans, irritated at what they see as a lack of respect from their party and the press, and determined to tamp down suggestions that he’s effectively a lame duck a year and a half into his administration.Mr. Biden isn’t just intending to run, his aides argue, but he’s also laying the groundwork by building resources at the Democratic National Committee, restocking his operation in battleground states and looking to use his influence to shape the nomination process in his favor.This account of Mr. Biden’s preparation for re-election and his building frustration with his party’s doubt is based on interviews with numerous people who talk regularly to the president. Most spoke on the condition of anonymity to discuss private conversations. But several said the president and his inner circle were confounded by Democrats’ discussions about a Plan B when the one person who has defeated Donald J. Trump has made clear he intends to run again.Mr. Biden has told advisers he sees a replay of the early days of his 2020 primary bid, when some Democrats dismissed him as too old or too moderate to win the nomination. He blames the same doubters for the current round of questioning.Those skeptics grew louder over the weekend, after the Supreme Court overturned Roe v. Wade, when Mr. Biden restated his opposition to expanding the ranks of the high court, the left’s preferred solution to the court’s current conservative tilt. The remarks angered critics who argue that the president, who has never been comfortable elevating abortion rights and positions himself as a consensus builder, doesn’t have the temperament for partisan combat.“Too many people in our party look at the glass as half-empty as opposed to the glass as half-full,” said former Representative Cedric Richmond, whom Mr. Biden dispatched from the White House to shore up the Democratic National Committee. Accusing other Democrats of “putting too much into these polling numbers,” an allusion to Mr. Biden’s standing below 40 percent in some surveys, Mr. Richmond said there was “a wing in our party who wanted a different candidate and I’m sure they’d love to have their candidate back in the mix again.”However, it’s hardly just the president’s progressive detractors who are nervous about soaring inflation, uneasy about Mr. Biden running again, and not convinced he even should.Senator Joe Manchin III of West Virginia at the Capitol in June.Anna Rose Layden Layden for The New York TimesSenator Joe Manchin III of West Virginia, who some wealthy donors are hoping will consider a third-party presidential bid, declined to say whether he would consider such a run or if he planned to back Mr. Biden. “We’re just trying to do our daily thing, brother,” Mr. Manchin said. “Trying to do what we got to do that’s good for the country.”Other interviews with Democratic lawmakers yield grave doubts about whether Mr. Biden ought to lead the party again with some concluding he should but only because there’s no clearly viable alternative.“I have been surprised at the number of people who are openly expressing concerns about 2024 and whether or not Biden should run,” said Representative Adam Smith of Washington, the chairman of the House Armed Services Committee, recounting a recent dinner of Democrats in the capital where several speculated about who could succeed the president.More worrisome for Mr. Biden, some ambitious Democrats have found that calling for the president to retire is a sure way to win attention. Former Representative Joe Cunningham of South Carolina, who’s hoping to unseat Gov. Henry McMaster, 75, said the president should cede the nomination “to a new generation of leadership,” as he put it on CNN last week.In some respects, Mr. Biden invited this moment. Running in the 2020 primary, the president presented himself as “a bridge, not as anything else” as he sought to rally skeptical Democrats to his candidacy. Consumed with ejecting Mr. Trump from office, the party’s voters answered that call but thought little of the implications of having an octogenarian in the Oval Office four years on.Now, over half of Democrats say they don’t want Mr. Biden to run again or aren’t sure he should, according to recent surveys.Mr. Biden’s top advisers reject the idea that an open primary would deliver Democrats a stronger standard-bearer. They fear his retirement would set off a sprint to the left. What’s more, while Vice President Kamala Harris would most likely garner substantial support, she’s unlikely to clear the field, leading to a messy race that could widen the party’s divisions on issues of race, gender and ideology.Mr. Biden has told aides he is determined to run again, although he has also noted he will take his family’s advice into account. Mr. Biden’s advisers recognize the political risk of being perceived as a one-term president and are intent on signaling that he intends to run for re-election.The president has made clear he wants a primary calendar that better reflects the party’s racial diversity, all but assuring the demise of first-in-the-nation status for the Iowa, which was hostile to Mr. Biden in his last two presidential bids. Senior Democrats are considering moving up Michigan, a critical general election state where the president has a number of allies in labor and elected office.The Democratic National Committee has been quietly preparing for the president’s re-election by pouring money and staff into eight battleground states that happen to have important midterm elections, an effort that began in the spring of last year. Mr. Biden has also accelerated his fund-raising, holding a pair of events for the committee in June that brought in $5 million, while also spending more time on Zoom sessions courting individual contributors.The president has moved to consolidate his hold on the D.N.C., and not just by sending Mr. Richmond to the committee. Mr. Biden has also shifted both his social media assets and his lucrative fund-raising list to the party, which has made the committee largely reliant on those channels for their contributions.Anita Dunn, center, speaking with Ron Klain, the chief of staff, last year during an event in the Rose Garden.T.J. Kirkpatrick for The New York TimesEven more subtly, Mr. Biden has made personnel moves that indicate he’s at least preparing to run, most notably summoning Anita Dunn, a longtime adviser, back to the White House from her public affairs firm. Ms. Dunn, who helped revive the president’s moribund primary campaign in 2020; Jennifer O’Malley Dillon, Mr. Biden’s top political aide; and senior adviser Mike Donilon are expected to help guide the re-election, though notably there has been no decision yet on who will formally manage the re-election outside the White House.What Mr. Biden will not do, aides say, is quiet the critics by filing his paperwork to run in 2024 before this year’s midterm elections, a step being considered by Mr. Trump. Mr. Biden’s advisers feel the move would suggest panic and create a significant fund-raising burden two years before the campaign. Should the midterms go poorly, however, the president may feel pressure to formalize his intentions sooner than what they see as the modern standard — former President Barack Obama’s April 2011 declaration.For now, the president is relying on personal diplomacy, as he did with Mr. Sanders, the Vermont independent, and the power of the presidency, to ward off would-be competitors.Gov. J.B. Pritzker of Illinois speaking to abortion rights demonstrators in Chicago in May.Jamie Kelter Davis for The New York TimesEven before Gov. J.B. Pritzker of Illinois arrived recently in New Hampshire, a traditional early voting state, Biden officials said that the governor’s office had given them a heads up about the eyebrow-raising travel and reassured them that the governor had no plan to mount a primary challenge against the president. The message was appreciated, a Biden official said, noting that Mr. Pritzker has been lobbying to get the Democrats’ 2024 convention to Chicago. Mr. Biden will make that decision later this year.White House aides have noticed Gov. Gavin Newsom’s repeated denunciations of his party leadership for not more robustly confronting Republicans. They dismissed the California governor’s critiques as those of a politician feeling his oats after easily thwarting a recall and said Mr. Newsom was in frequent contact with the West Wing. And one Biden adviser noted that Mr. Newsom feels enough affection for Mr. Biden to have posted pictures of his children with the president on social media during Mr. Biden’s trip to California last week.As for Hillary Clinton, few Biden advisers think she will mount a challenge against him, though her recent Financial Times interview made it clear she’s eager to have her voice in the political conversation. Mrs. Clinton has made little secret of her frustration that she has not been consulted more by Mr. Biden. But White House aides believe they can direct Mrs. Clinton’s energy toward assisting with the public response to the Supreme Court’s decision to overturn Roe.When pressed about why Mr. Biden is so intent on running again, the president’s defenders point out he did what Mrs. Clinton did not, defeat Mr. Trump.Stung about their perceived treatment, they also recall other recent Democrats — President Bill Clinton and Mr. Obama — who rebounded from low approval numbers and rough midterm elections to win second terms.But Mr. Biden’s age — at 79, he is the oldest president in American history — has fueled skepticism those presidents didn’t face.“Trump is a senior citizen, too,” shoots back Fletcher Smith, a former South Carolina legislator, reprising a line White House officials use, as well.Democrats remain so alarmed by the threat that Mr. Trump, 76, represents that Mr. Biden’s aides argue they will be insulated from a primary because such a race will be perceived as effectively aiding the former president, a life-or-death question for American democracy.President Biden in Rehoboth Beach, Del., on Monday.Sarah Silbiger for The New York TimesFor the most part, senior Democrats would rather avoid the question for now.Asked if he expected Mr. Biden to run again, Senator Chuck Schumer, the Democratic leader, said: “If he runs, I’m for him.” Pressed if he thought Mr. Biden would do so, Mr. Schumer repeated the same line.One outside ally of the president and a regular White House visitor, the National Urban League president Marc Morial, played down questions about the president’s age, saying that “he still has the old Joe Biden fire.”But Mr. Morial urged the president not to dwell on the criticism. “I think sometimes if you overreact to it you give it air,” he said. 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    Will Merrick Garland Prosecute Trump? Should He?

    Readers discuss a guest essay weighing factors such as the likelihood of conviction and the political repercussions.Attorney General Merrick Garland.Jacquelyn Martin/Associated PressDrew Angerer/Getty ImagesTo the Editor:Re “What Garland Needs to Decide Before Charging Trump,” by Jack Goldsmith (Opinion guest essay, June 22):If Professor Goldsmith is right, American democracy has already lost. In spelling out the difficulties that Attorney General Merrick Garland must overcome in order to prosecute Donald Trump in connection with the Jan. 6 insurrection, Mr. Goldsmith all but concludes that the task is impossible. Prosecution will be portrayed as a political vendetta. Proving Mr. Trump’s guilty intent will be exceedingly hard, making an acquittal likely. And an acquittal will be seen by Mr. Trump and his supporters as a vindication.At the same time, Mr. Goldsmith concedes that a decision not to prosecute Mr. Trump will effectively place the president above the law. This bodes ill should Mr. Trump or someone like him again occupy the Oval Office.Is this really Mr. Garland’s only choice: a trial that threatens to tear an already divided nation apart, or allowing Mr. Trump to get away scot-free at the cost of undermining the rule of law? For the sake of democracy, there must be another option.Stephen NewmanTorontoThe writer is an associate professor of politics at York University.To the Editor:Jack Goldsmith is right to praise Attorney General Merrick Garland for “gathering as much information as possible” before deciding whether to prosecute former President Donald Trump for defrauding the American people and interfering with the work of Congress.Professor Goldsmith is wrong, however, to suggest that Mr. Garland’s decision to indict Mr. Trump would be “a cataclysmic event from which the nation would not soon recover.” The cataclysm is already here, and it is of Mr. Trump’s making, not Mr. Garland’s.Once and for all, we must stop Donald Trump’s big lies, his intimidation of anyone who opposes him and his thinly veiled calls to violence. The only solution is to impose the forceful countermeasures of the law.Mr. Trump rode the whirlwind, and he must now reap the consequences if our democracy is to survive.Eric W. OrtsPhiladelphiaThe writer is a professor of legal studies and business ethics at the Wharton School of the University of Pennsylvania.To the Editor:I’m so tired of hearing about the damage we may inflict on the nation and the presidency by holding Donald Trump to the same standard as any other citizen. Such concerns must be weighed against the very real damage caused by future presidents following the precedent he has established, operating the White House like a mob boss and pardoning his cronies when they do his bidding.This is a crossroads for America. We can have only one standard for justice. Afford Donald Trump the same justice as any other citizen and let the chips fall where they may. When in doubt, perhaps it’s time to just default to doing the right thing.Lawrence LobertGrosse Pointe Park, Mich.To the Editor:Jack Goldsmith suggests that, in weighing whether to indict Donald Trump, Attorney General Merrick Garland must consider “whether the national interest would be served by prosecuting Mr. Trump.” It is, he argues, “a judgment call about the nature, and fate, of our democracy.”Quite so. And that is why Mr. Goldsmith errs in suggesting that the judgment should be made by Mr. Garland. Rather, it should be made by President Biden in deciding whether to pardon Mr. Trump. That is how the issue was resolved when President Gerald Ford pardoned Richard Nixon, a compelling precedent for the current situation.Douglas M. ParkerOjai, Calif.The writer served in the White House Counsel’s Office during the Watergate investigations.To the Editor:Jack Goldsmith’s masterful exposition of the problems arising from seeking to hold Donald Trump criminally liable highlights the tragedy of the failure to remove him through the impeachment process. History will judge craven senators like Ted Cruz, Josh Hawley and Tom Cotton as the villains responsible for an American tragedy. They knew better but refused to risk their personal political ambitions.How sad for America that the lessons of “Macbeth” elude so many United States senators.Allan RothAuburndale, Mass.The writer is a lawyer and a retired professor from Rutgers law and business schools.To the Editor:Jack Goldsmith identifies very legitimate concerns facing Attorney General Merrick Garland as he wades through the complexities of indicting, charging and prosecuting Donald Trump. And yet, it seems to me unconscionable and immoral to let Mr. Trump slither away from accountability given the mountain of evidence proving beyond any doubt that he very intentionally attempted to subvert the 2020 election.A possible Plan B? The district attorney of Fulton County, Georgia, must move forward immediately and indict and prosecute Mr. Trump under that state’s laws. With the addition of the fruits of the Jan. 6 committee’s investigation, there is now more than enough evidence to charge Mr. Trump with state felony offenses that would likely land him behind bars and prevent him from ever running for public office again, which is the very least of what he deserves and this country needs.Laurie KorenbaumBrooklynThe writer is a former federal prosecutor.To the Editor:The nation is being held hostage by a sore loser. If Donald Trump is not held accountable for the events of Jan. 6, the precedent is set for every future election when the loser doesn’t agree with the outcome. We would invite anarchy in every election.I think it’s a “damned if you do and damned if you don’t” situation, but the lack of consequences to bad behavior encourages more of the same.Fran HochmanGreat Neck, N.Y. More

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    A Recession Would Hurt Democrats. Some Warn It’d Also Hurt Democracy.

    By trying to tame inflation, some commentators say, the Federal Reserve could bring about a recession — just as an unrepentant Donald Trump appears to be eyeing another White House bid.Jerome Powell, the chairman of the Federal Reserve, made the understatement of the year on Wednesday when he noted offhandedly to reporters, “Clearly, people do not like inflation.”And how.According to Fox News’s latest national poll, 41 percent of registered voters said that “inflation and higher prices” represented the most important issue influencing their ballot decision in November. Just 12 percent of voters called guns their top priority, the second-place issue. Seventy-one percent disapproved of the job President Biden is doing on inflation.This is not exactly a vote of confidence in the federal government. In the past, this level of public dissatisfaction has typically led to major political upheaval.Inflation ran at a rate of 8.6 percent in May, the fastest annual pace in four decades. Voters do not seem to be buying the White House’s argument, backed up by the Fed and places like the World Bank, that global factors beyond Biden’s control like the pandemic, supply-chain crises and the war in Ukraine are driving the increase in prices.Nor do they seem to be giving the administration much credit for an unemployment rate that is down to 3.6 percent, just a tick above its prepandemic level.The Fed might be Biden’s best hope. After the Federal Open Market Committee announced on Wednesday that it would raise short-term interest rates by three-quarters of a percentage point, Powell said the Fed’s goal was to bring inflation closer to its 2 percent target while keeping the labor market “strong.”He hastened to add: “We’re not trying to induce a recession now. Let’s be clear about that.”‘A democracy-wrecking election’Yet some commentators, notably David Frum of The Atlantic, have begun to fret that in trying to tame inflation, the Fed will do exactly that — start a recession, just in time to doom Biden or whomever Democrats nominate in his stead in 2024.Understand Inflation and How It Impacts YouInflation 101: What is inflation, why is it up and whom does it hurt? Our guide explains it all.Greedflation: Some experts contend that big corporations are supercharging inflation by jacking up prices. We take a closer look at the issue. Inflation Calculator: How you experience inflation can vary greatly depending on your spending habits. Answer these seven questions to estimate your personal inflation rate.For Investors: At last, interest rates for money market funds have started to rise. But inflation means that in real terms, you’re still losing money.Frum noted the historically tight link between economic growth and a president’s chances of re-election. Citing the possibility that an unrepentant Donald Trump will run again, he argued that a downturn this year or next could result in “a democracy-wrecking election the next year.”He concluded: “So the Federal Reserve has a more than usual obligation this week to measure its policy appropriately. A miscalculation in monetary policy in 2022 could reverberate through long ages of American history ahead.”Others have criticized Biden’s decision last fall to nominate Powell for a second term, leaving the president handcuffed in blaming the Fed chair for the parlous state of the economy. Powell was, after all, Trump’s pick for Fed chair — and Biden, the thinking goes, could have thrown him overboard and started afresh.That would have been a very Trump-like move. Powell resisted months of intense pressure from the 45th president to lower interest rates, including comments describing the low-key Fed chairman as an “enemy” of the United States. Central bankers prize their distance from politics, mindful that their credibility with financial institutions around the world is crucial to their effectiveness.So in renominating Powell, Biden made sure to emphasize his respect for his institutional prerogatives. “My plan is to address inflation,” the president said. “It starts with a simple proposition: Respect the Fed and respect the Fed’s independence.”Jerome Powell, the chairman of the Federal Reserve, with President Biden last month. Some Democrats had urged Biden to choose a Fed chair of his own.Doug Mills/The New York TimesThe Fed’s relationship with politicsLet’s set aside the fraught question of whether Trump’s re-election could bring about the end of American democracy. Does the Fed, in fact, have an “obligation” to consider how its actions might affect the U.S. political system?On a simple reading of the law, not really. The Federal Reserve Act gives the Fed the authority to regulate the nation’s money supply, to foster the “long-run potential” of the U.S. economy and to promote the goals of “maximum employment, stable prices and moderate long-term interest rates.”Frederic Mishkin, a former member of the Fed’s board of governors, no doubt spoke for many in the finance world when he wrote in an email, “I most strongly disagree with the view that the Federal Reserve should adjust its policy to favor or harm any politician.”He added, “The Fed should be as apolitical as possible, and its policy focus should be on stabilizing both inflation and output fluctuations, as is mandated by congressional legislation.”But it’s hard to divorce the Fed from its historical roots, founded as it was in an era of great political turmoil driven by frequent financial panics.The Fed was successfully established in 1913 because President Woodrow Wilson won the assent of William Jennings Bryan, the most influential populist leader of the time, by guaranteeing that government officials appointed by the president, not private sector bankers, would run the board.Inflation F.A.Q.Card 1 of 5What is inflation? 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    El comité sobre el ataque al Capitolio muestra a Trump como un aspirante a autócrata

    Según el comité que investiga el ataque al Capitolio del 6 de enero, Donald Trump llevó a cabo una conspiración en siete partes para anular una elección democrática libre y justa.Es muy probable que en los 246 años de historia de Estados Unidos nunca se haya hecho una acusación más comprometedora contra un presidente estadounidense que la presentada el jueves por la noche en una sala de audiencias cavernosa del Congreso, donde el futuro de la democracia parecía estar en juego.A otros mandatarios se les ha acusado de actuar mal, incluso de cometer delitos e infracciones, pero el caso en contra de Donald Trump formulado por la comisión bipartidista de la Cámara de Representantes que investiga el ataque al Capitolio del 6 de enero de 2021 no solo describe a un presidente deshonesto, sino a un aspirante a autócrata dispuesto a violar la Constitución para aferrarse al poder a toda costa.Como lo describió la comisión durante su audiencia televisada, a la hora de mayor audiencia, Trump ejecutó una conspiración en siete partes para anular una elección democrática libre y justa. Según el panel, le mintió al pueblo estadounidense, ignoró todas las pruebas que refutaban sus falsas denuncias de fraude, presionó a los funcionarios estatales y federales para que anularan los resultados de las elecciones que favorecían a su contrincante, alentó a una turba violenta a atacar el Capitolio e incluso señaló su apoyo a la ejecución de su propio vicepresidente.“El 6 de enero fue la culminación de un intento de golpe de Estado, un intento descarado, como dijo uno de los alborotadores poco después del 6 de enero, de derrocar al gobierno”, dijo el representante demócrata por Misisipi, Bennie Thompson, presidente de la comisión especial. “La violencia no fue un accidente. Representa la última oportunidad de Trump, la más desesperada, para detener la transferencia de poder”.Representatives Bennie Thompson, Democrat of Mississippi, and Liz Cheney, Republican of Wyoming, led the first hearing on the attack on the Capitol on Jan. 6, 2021, which included testimony from a Capitol police officer and a documentary filmmaker.Kenny Holston for The New York TimesLas palabras de los propios asesores y personajes nombrados por Trump fueron las más incriminatorias. Se proyectaron en video en una pantalla gigante sobre el estrado de la comisión y se transmitieron a una audiencia de televisión nacional. Se pudo ver cómo su propio fiscal general le dijo a Trump que sus denuncias de una elección falsa eran “patrañas”. Su abogado de campaña testificó que no había suficientes pruebas de fraude para cambiar el resultado. Hasta su propia hija, Ivanka Trump, reconoció haber aceptado la conclusión de que la elección no fue robada, como su padre seguía afirmando.Read More on the Jan. 6 House Committee HearingsThe Meaning of the Hearings: While the public sessions aren’t going to unite the country, they could significantly affect public opinion.An Unsettling Narrative: During the first hearing, the House panel presented a gripping story with a sprawling cast of characters, but only three main players: Donald Trump, the Proud Boys and a Capitol Police officer.Trump’s Depiction: Former president Donald J. Trump was portrayed as a would-be autocrat willing to shred the Constitution to hang onto power. Liz Cheney: The vice chairwoman of the House committee has been unrepentant in continuing to blame Mr. Trump for stoking the attack on Jan. 6, 2021.Buena parte de las pruebas fueron presentadas por la principal figura republicana en la comisión, la representante por Wyoming Liz Cheney, quien ha sido condenada al ostracismo por Trump y por buena parte de su partido por condenar una y otra vez las acciones del entonces presidente después de la elección. Cheney planteó con firmeza el caso y luego se dirigió a sus compañeros republicanos que han optado por apoyar a su derrotado expresidente y justificar sus acciones.“A mis colegas republicanos que defienden lo indefendible les digo: llegará el día en el que Donald Trump se haya ido, pero el deshonor de ustedes permanecerá”, declaró.Muchos de los detalles ya se habían dado a conocer y muchas interrogantes sobre las acciones de Trump quedaron sin respuesta por ahora, pero Cheney resumió los hallazgos de la comisión de una forma implacable y acusadora.Un grupo de personas en Washington que se reunió para ver la audiencia, escuchaba a la representante Liz Cheney, republicana por Wyoming.Shuran Huang para The New York TimesAlgunas de las nuevas revelaciones y las confirmaciones de las noticias recientes fueron suficientes para provocar exclamaciones de asombro en el recinto y, tal vez, en las salas de todo el país. Se informó que luego de que se le dijo que la multitud del 6 de enero coreaba “Cuelguen a Mike Pence”, el vicepresidente que desafió las presiones del presidente para bloquear la transferencia de poder, Trump respondió: “Quizá nuestros seguidores tengan la idea correcta”. Mike Pence, agregó, “se lo merece”.Cheney, vicepresidenta del panel, informó que en la víspera del ataque del 6 de enero, miembros del propio gabinete de Trump hablaron de invocar la Vigésima Quinta Enmienda para destituir al entonces presidente del cargo. Reveló que el representante por Pensilvania Scott Perry y “otros congresistas republicanos” que habían participado en el intento de anular la elección buscaron obtener indultos de Trump durante sus últimos días en el cargo.Cheney reprodujo un video en el que se veía a Jared Kushner, yerno del exmandatario y asesor principal que después de la elección se ausentó en lugar de enfrentar a los teóricos de la conspiración que incitaban a Trump, desechar con displicencia las amenazas de Pat A. Cipollone, consejero de la Casa Blanca, y otros abogados de presentar su renuncia en señal de protesta. “Me pareció que solo eran lloriqueos, para ser sincero”, declaró Kushner.También la vicepresidenta del comité señaló que mientras Pence tomó medidas reiteradas para buscar asistencia y detener a la turba el 6 de enero, el presidente no hizo tal esfuerzo. En cambio, su jefe de gabinete de la Casa Blanca, Mark Meadows, trató de convencer al general Mark A. Milley, presidente del Estado Mayor Conjunto, de fingir que Trump estaba activamente involucrado.“Dijo: ‘Tenemos que eliminar el relato de que el vicepresidente está tomando todas las decisiones’”, dijo el general Milley en un testimonio grabado en video. “‘Necesitamos imponer la versión de que el presidente todavía está a cargo, y que las cosas están firmes o estables’, o palabras en ese sentido. Inmediatamente interpreté eso como política, política, política”.Trump no tuvo aliados en la comisión de nueve integrantes de la Cámara de Representantes y él y sus seguidores rechazaron el trabajo del panel con el argumento de que es un intento partidista para desprestigiarlo. En Fox News, que optó por no transmitir la audiencia, Sean Hannity se esmeraba por cambiar el tema y atacó a la comisión por no centrarse en las violaciones de seguridad del Capitolio, de las que culpa principalmente a la presidenta de la Cámara de Representantes, Nancy Pelosi, aunque el senador por Kentucky Mitch McConnell, entonces líder de la mayoría republicana, compartía con ella el control del edificio en ese momento.Antes de la audiencia, Trump trató una vez más de reescribir la historia al presentar el ataque al Capitolio como una manifestación legítima de agravio público contra unas elecciones robadas. “El 6 de enero no fue solo una protesta, sino que representó el mayor movimiento en la historia de nuestro país para hacer a Estados Unidos grandioso de nuevo”, escribió en su nuevo sitio de redes sociales.El panel reprodujo un video de Ivanka Trump, la hija de Trump y exasesora de la Casa Blanca, testificando a puerta cerrada.Kenny Holston para The New York TimesTrump no es el primer presidente que ha sido señalado por mala conducta, infracción de la ley o incluso violación de la Constitución. Andrew Johnson y Bill Clinton fueron acusados ​​por la Cámara de Representantes, aunque absueltos por el Senado. John Tyler se puso del lado de la Confederación durante la Guerra de Secesión. Richard M. Nixon renunció bajo amenaza de juicio político por abusar de su poder para encubrir actividades corruptas de campaña. Warren G. Harding tuvo el escándalo del Teapot Dome y Ronald Reagan el caso Irán-Contras.Pero los delitos alegados en la mayoría de esos casos palidecen en comparación con las acusaciones contra Trump, y aunque Tyler se puso en contra del país que una vez dirigió, murió antes de que pudiera rendir cuentas. Nixon enfrentó audiencias durante Watergate no muy diferentes a las que comenzaron el jueves por la noche y estuvo involucrado en otros escándalos más allá del robo que finalmente derivó en su salida. Pero la deshonestidad flagrante y la incitación a la violencia expuestas el jueves eclipsaron incluso sus fechorías, según diversos académicos.Trump, por supuesto, ya fue impugnado en dos ocasiones y absuelto otras dos, la segunda por su involucramiento en el ataque del 6 de enero. Pero, aun así, el caso en su contra ahora es mucho más amplio y expansivo, después de que la comisión llevó a cabo unas 1000 entrevistas y obtuvo más de 100.000 páginas de documentos.Lo que el comité intentaba demostrar era que no se trataba de un presidente con preocupaciones razonables sobre el fraude o una protesta que se salió de control. En cambio, el panel estaba tratando de obtener las pruebas de que Trump formó parte de una conspiración criminal contra la democracia; que sabía que no había un fraude generalizado porque su propio entorno se lo dijo, que, de manera intencional, convocó a una turba para que detuviera la entrega del poder a Joseph R. Biden Jr. y se quedó cruzado de brazos sin hacer casi nada cuando el ataque comenzó.Aún no sabemos si el panel puede cambiar las opiniones públicas sobre esos acontecimientos, pero muchos estrategas y analistas políticos piensan que es poco probable. Con medios más fragmentados y una sociedad más polarizada, la mayoría de los estadounidenses ya tienen una opinión sobre el 6 de enero y solo escuchan a quienes la comparten.Sin embargo, había otro espectador de las audiencias, el fiscal general Merrick B. Garland. Si la comisión estaba exponiendo lo que consideraba una acusación formal contra el expresidente, parecía estar invitando al Departamento de Justicia a seguir el caso de verdad con un gran jurado y en un tribunal de justicia.Al adelantar la historia que se contará en las próximas semanas, Cheney casi le escribió el guion a Garland. La representante dijo: “Van a escuchar sobre complots para cometer conspiración sediciosa el 6 de enero, un delito definido en nuestras leyes como conspirar para derrocar, destituir o destruir por la fuerza el gobierno de Estados Unidos u oponerse por la fuerza a la autoridad del mismo”.Pero si Garland no está de acuerdo y las audiencias de este mes resultan ser el único juicio al que se enfrente Trump por sus esfuerzos para anular las elecciones, Cheney y sus compañeros de la comisión estaban decididos a asegurarse de que, al menos, sea condenado por el jurado de la historia.Peter Baker es el corresponsal jefe de la Casa Blanca y ha cubierto a los últimos cinco presidentes para el Times y The Washington Post. También es autor de seis libros, el más reciente The Man Who Ran Washington: The Life and Times of James A. Baker III. @peterbakernyt • Facebook More

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    Trump Is Depicted as a Would-Be Autocrat Seeking to Hang Onto Power at All Costs

    As the Jan. 6 committee outlined during its prime-time hearing, Donald J. Trump executed a seven-part conspiracy to overturn a free and fair democratic election.In the entire 246-year history of the United States, there was surely never a more damning indictment presented against an American president than outlined on Thursday night in a cavernous congressional hearing room where the future of democracy felt on the line.Other presidents have been accused of wrongdoing, even high crimes and misdemeanors, but the case against Donald J. Trump mounted by the bipartisan House committee investigating the Jan. 6, 2021, attack on the Capitol described not just a rogue president but a would-be autocrat willing to shred the Constitution to hang onto power at all costs.As the committee portrayed it during its prime-time televised hearing, Mr. Trump executed a seven-part conspiracy to overturn a free and fair democratic election. According to the panel, he lied to the American people, ignored all evidence refuting his false fraud claims, pressured state and federal officials to throw out election results favoring his challenger, encouraged a violent mob to storm the Capitol and even signaled support for the execution of his own vice president.“Jan. 6 was the culmination of an attempted coup, a brazen attempt, as one rioter put it shortly after Jan. 6, to overthrow the government,” said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the select committee. “The violence was no accident. It represents Trump’s last stand, most desperate chance to halt the transfer of power.”Representatives Bennie Thompson, Democrat of Mississippi, and Liz Cheney, Republican of Wyoming, led the first hearing on the attack on the Capitol on Jan. 6, 2021, which included testimony from a Capitol police officer and a documentary filmmaker.Kenny Holston for The New York TimesMost incriminating were the words of Mr. Trump’s own advisers and appointees, played over video on a giant screen above the committee dais and beamed out to a national television audience. There was his own attorney general who told him that his false election claims were “bullshit.” There was his own campaign lawyer who testified that there was no evidence of fraud sufficient to change the outcome. And there was his own daughter, Ivanka Trump, who acknowledged that she accepted the conclusion that the election was not, in fact, stolen as her father kept claiming.Much of the evidence was outlined by the lead Republican on the committee, Representative Liz Cheney of Wyoming, who has been ostracized by Mr. Trump and much of her own party for consistently denouncing his actions after the election. Unwavering, she sketched out the case and then addressed her fellow Republicans who have chosen to stand by their defeated former president and excuse his actions.Read More on the Jan. 6 House Committee HearingsThe Meaning of the Hearings: While the public sessions aren’t going to unite the country, they could significantly affect public opinion.An Unsettling Narrative: During the first hearing, the House panel presented a gripping story with a sprawling cast of characters, but only three main players: Donald Trump, the Proud Boys and a Capitol Police officer.Trump’s Depiction: Former president Donald J. Trump was portrayed as a would-be autocrat willing to shred the Constitution to hang onto power. Jared Kushner and Ivanka Trump: In videos shown during the hearing, Mr.Trump’s daughter and son-in-law were stripped of their carefully managed images.“I say this to my Republican colleagues who are defending the indefensible: There will come a day when Donald Trump is gone but your dishonor will remain,” she said.Many of the details were previously reported, and many questions about Mr. Trump’s actions were left unanswered for now, but Ms. Cheney pulled together the committee’s central findings in relentless, prosecutorial fashion.People at a viewing party in Washington watching Representative Liz Cheney, Republican of Wyoming, speak during the hearing.Shuran Huang for The New York TimesSome of the new revelations and the confirmations of recent news reports were enough to prompt gasps in the room and, perhaps, in living rooms across the country. Told that the crowd on Jan. 6 was chanting “Hang Mike Pence,” the vice president who defied the president’s pressure to single-handedly block the transfer of power, Mr. Trump was quoted responding, “Maybe our supporters have the right idea.” Mike Pence, he added, “deserves it.”Ms. Cheney, the panel’s vice chairwoman, reported that in the wake of the Jan. 6 attack, members of Mr. Trump’s own cabinet discussed invoking the 25th Amendment to remove the president from office. She disclosed that Representative Scott Perry of Pennsylvania and “multiple other Republican congressmen” involved in trying to overturn the election sought pardons from Mr. Trump in his final days in office.She played a video clip of Jared Kushner, the president’s son-in-law and senior adviser who absented himself after the election rather than fight the conspiracy theorists egging on Mr. Trump, cavalierly dismissing threats by Pat A. Cipollone, the White House counsel, and other lawyers to resign in protest. “I took it up to just be whining, to be honest with you,” Mr. Kushner testified.And she noted that while Mr. Pence repeatedly took action to summon help to stop the mob on Jan. 6, the president himself made no such effort. Instead, his White House chief of staff, Mark Meadows, tried to convince Gen. Mark A. Milley, the chairman of the Joint Chiefs of Staff, to pretend that Mr. Trump was actively involved.“He said, ‘We have to kill the narrative that the vice president is making all the decisions,’” General Milley said in videotaped testimony. “‘We need to establish the narrative that the president is still in charge, and that things are steady or stable,’ or words to that effect. I immediately interpreted that as politics, politics, politics.”Mr. Trump had no allies on the nine-member House committee, and he and his supporters have dismissed the panel’s work as a partisan smear attempt. On Fox News, which opted not to show the hearing, Sean Hannity was busy changing the subject, attacking the committee for not focusing on the breakdown in security at the Capitol, which he mainly blamed on Speaker Nancy Pelosi even though Senator Mitch McConnell of Kentucky, then the Republican majority leader, shared control of the building with her at the time.Before the hearing, Mr. Trump tried again to rewrite history by casting the attack on the Capitol as a legitimate manifestation of public grievance against a stolen election. “January 6th was not simply a protest, it represented the greatest movement in the history of our Country to Make America Great Again,” he wrote on his new social media site.The panel played a video of Ivanka Trump, Mr. Trump’s daughter and former White House adviser, testifying behind closed doors.Kenny Holston for The New York TimesMr. Trump is hardly the first president reproached for misconduct, lawbreaking or even violating the Constitution. Andrew Johnson and Bill Clinton were both impeached by the House, although acquitted by the Senate. John Tyler sided with the Confederacy during the Civil War. Richard M. Nixon resigned under the threat of impeachment for abusing his power to cover up corrupt campaign activities. Warren G. Harding had the Teapot Dome scandal and Ronald Reagan the Iran-contra affair.But the crimes alleged in most of those cases paled in comparison to what Mr. Trump is accused of, and while Mr. Tyler turned on the country he once led, he died before he could be held accountable. Mr. Nixon faced hearings during Watergate not unlike those that began on Thursday night and was involved in other scandals beyond the burglary that ultimately resulted in his downfall. But the brazen dishonesty and incitement of violence put on display on Thursday eclipsed even his misdeeds, according to many scholars.Mr. Trump, of course, was impeached twice already, and acquitted twice, the second time for his role in the Jan. 6 attack. But even so, the case against him now is far more extensive and expansive, after the committee conducted some 1,000 interviews and obtained more than 100,000 pages of documents.What the committee was trying to prove was that this was not a president with reasonable concerns about fraud or a protest that got out of control. Instead, the panel was trying to build the case that Mr. Trump was involved in a criminal conspiracy against democracy — that he knew there was no widespread fraud because his own people told him, that he intentionally summoned a mob to stop the transfer of power to Joseph R. Biden Jr. and that he sat by and did virtually nothing once the attack commenced.Whether the panel can change public views of those events remains unclear, but many political strategists and analysts consider it unlikely. With a more fragmented media and a more polarized society, most Americans have decided what they think about Jan. 6 and are only listening to those who share their attitudes. Still, there was another audience for the hearings as they got underway, and that was Attorney General Merrick B. Garland. If the committee was laying out what it considered an indictment against the former president, it seemed to be inviting the Justice Department to pursue the real kind in a grand jury and court of law.As she previewed the story that will be told in the weeks to come, Ms. Cheney all but wrote the script for Mr. Garland. “You will hear about plots to commit seditious conspiracy on Jan. 6,” she said, “a crime defined in our laws as conspiring to overthrow, put down or destroy by force the government of the United States or to oppose by force the authority thereof.”But if Mr. Garland disagrees and the hearings this month turn out to be the only trial Mr. Trump ever faces for his efforts to overturn the election, Ms. Cheney and her fellow committee members were resolved to make sure that they will at least win a conviction with the jury of history. More

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    Why Midterm Election Years Are Tough for the Stock Market

    These months are historically the weakest for the market in a presidential term. Aside from coincidence, there are several possible explanations.The stock market’s decline and the tightening of financial conditions that have accompanied it since the start of the year are unique to 2022.The effects of the coronavirus pandemic, roaring inflation and Russia’s invasion of Ukraine are emphatically different from anything that had come before.Yet for stock market mavens who have read up on the four-year presidential election cycle, what is occurring in the markets looks quite familiar. This is a midterm election year, after all, and numbers going back more than a century show that the second year has generally been the weakest for the stock market in a president’s term.“Investors may take solace in the fact that the market has been here many times before,” Ed Clissold and Than Nguyen, two analysts for Ned Davis Research, an independent financial research firm, wrote in a recent report on the presidential cycle.The NumbersThe market soared early in Donald J. Trump’s presidency, but it hit a wall in 2018 — the midterm year — and at one point gave up 18.8 percent of its gains, according to Ned Davis Research’s tabulation of Dow Jones industrial average data.Similarly, the Dow rose smartly early in President Biden’s term, only to decline more than 12 percent at its trough so far this year, again according to Dow data.This rough pattern isn’t a constant throughout history, but it has occurred quite frequently in presidencies going back to 1900. After a weak stretch in the midterm year, the stock market has usually rallied.Consider the numbers. These are the median annualized returns from 1900 through 2021, freshly tabulated by Ned Davis Research for the different years of a presidential term, using the Dow:12.7 percent for Year 1.3.1 percent for Year 2, the midterm year.14.8 percent for Year 3, the pre-election year.7.4 percent for Year 4, the election year.The market soared early in President Donald J. Trump’s presidency, but it hit a wall in 2018.Doug Mills/The New York TimesNed Davis Research ran the numbers a second time, for 1948 through 2021, using the S&P 500 and a predecessor index. The S&P 500 is a broader proxy for the overall U.S. stock market than the Dow, but it has a shorter history. While the details were different, the pattern remained the same:12.9 percent for Year 1.6.2 percent for Year 2.16.7 percent for Year 3.7.3 percent for Year 4.But Why?Why the midterm year — and, in particular, the first half of the year — is often a weak period for stocks is unclear. It could be a series of coincidences; establishing cause rather than correlation, especially over such a long period, is impossible.Yet many researchers in the academic world and on Wall Street have examined the numbers and concluded that the pattern of midterm year weakness, and greater strength for stocks later in the presidential cycle, is fascinating enough to merit further study. “The pattern is hard to ignore,” Roger D. Huang wrote in a 1985 paper in the Financial Analysts Journal.A Guide to the 2022 Midterm ElectionsMidterms Begin: The Texas primaries officially opened the 2022 election season. See the full primary calendar.In the Senate: Democrats have a razor-thin margin that could be upended with a single loss. Here are the four incumbents most at risk.In the House: Republicans and Democrats are seeking to gain an edge through redistricting and gerrymandering, though this year’s map is poised to be surprisingly fairGovernors’ Races: Georgia’s contest will be at the center of the political universe, but there are several important races across the country.Key Issues: Inflation, the pandemic, abortion and voting rights are expected to be among this election cycle’s defining topics.He noted another puzzling fact. Although Republicans tend to be portrayed as the party of business, the stock market generally prefers Democrats — an affinity sustained for a long time. From 1901 through February, for example, and adjusted for inflation, the Dow returned 3.8 percent annualized under Democratic presidents, versus 1.4 percent under Republicans, Ned Davis Research found.Furthermore, based on the historical data, the best political alignment for the stock market is one that could arise this November if the Democratic Party has a major setback. Since 1901, a Democratic president combined with Republican control of both houses of Congress has produced annualized real stock returns of 8 percent, using the Dow.Aside from sheer coincidence, there are several possible explanations for the presidential cycle and, specifically, for the typical midterm swoon and recovery in the last half of a presidential term.Presidents as PoliticiansIn an interview, Mr. Clissold, the chief U.S. strategist for Ned Davis Research, noted that the stock market abhors uncertainty. It is well understood that most often, the president’s party loses ground in midterm congressional elections. But that limited insight early in a president’s second year only makes it harder to make bets on the direction of policymaking in Washington.“That could all be weighing on the market in a cyclical pattern,” he said.There is another common theory, one that I find appealing because it does not flatter the political establishment. Yale Hirsch, who began describing the presidential cycle in the annual Stock Trader’s Almanac in 1968, explained it to me more than a decade ago.The theory starts with the premise that even the best presidents are, first and foremost, politicians. As such, they use all available levers to ensure that they — or their designated successors — are elected.The Dow gained 89.2 percent during the first half of President Franklin D. Roosevelt’s first term.Corbis, via Getty ImagesThese efforts often contribute to strong stock market returns leading up to presidential elections, when it is in presidents’ greatest interest to stimulate the economy.In the first half of a presidential term, however, when the White House and Congress get down to the mundane business of governing, there is frequently a compelling need to pare down government spending or to encourage (substitute “pressure,” if you prefer) the nominally independent Federal Reserve to raise interest rates and restrict economic growth. The best time to inflict pain is when a presidential election is still a few years away, or so the theory goes.As Mr. Hirsch told me back then, it’s good politics “to get rid of the dirty stuff in the economy as quickly as possible,” an exercise in fiscal and monetary restraint that tends to depress stock market returns in the second year of a presidential cycle.That would be where we are now.Where Biden StandsThrough March, despite the bad stretch in the market this year, stock returns have been comparatively good during the Biden presidency, with a cumulative gain in the Dow of 12.1 percent, well above the median of 8.1 percent since 1901. In the equivalent period, the Dow under Mr. Trump gained 22.2 percent.Both performances were vastly behind those of the leaders, according to Ned Davis Research. The top three, from inauguration through March 31 of their second year in office, were:Franklin D. Roosevelt in his first term, 89.2 percent.Ronald Reagan in his second term, 48.2 percent.Barack Obama in his first term, 31.1 percent.What are we to make of all this?Well, the pattern of the presidential cycle suggests that the market will begin to rebound late this year and rally next year — the best one, historically. That result is unlikely, though, if the Federal Reserve’s fight against inflation plunges the economy into a recession, as some forecasters, including those at Deutsche Bank, are predicting.I wouldn’t count on any of these predictions or patterns. As an investor, I’m doing my usual thing, buying low-cost index funds that mirror the broad market and hanging on for the long term.But I’ll keep looking for patterns anyway. The pageantry of American politics and stock market returns is a compelling spectacle, even when none of the expected outcomes come true. More