Raffensperger, Brad

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      In Trump Case, Texas Creates a Headache for Georgia Prosecutors

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      A Texas court is thwarting Georgia prosecutors’ attempts to compel testimony from Texas witnesses as part of a criminal investigation into former President Donald J. Trump.ATLANTA — Witnesses called to testify in a Georgia criminal investigation into former President Donald J. Trump and his allies have not always come willingly.A number of them have fought their subpoenas in their home-state courts, only to have local judges order them to cooperate. That was the case with Trump-aligned lawyers John Eastman in New Mexico, Jenna Ellis in Colorado and Rudolph W. Giuliani in New York; Mr. Giuliani was also told by an Atlanta judge that he could come “on a train, on a bus or Uber” after his lawyers said a health condition prevented him from flying.But the state of Texas is proving to be an outlier, creating serious headaches for Fani T. Willis, the Fulton County district attorney, who is leading the investigation into efforts by Mr. Trump and others to overturn his 2020 election loss in Georgia.Last month, the Texas Court of Criminal Appeals, the state’s highest criminal court, thwarted Ms. Willis’s effort to force Jacki L. Pick, a Republican lawyer and pundit, to testify in Atlanta, saying that her subpoena had essentially expired. But in a pair of opinions, a majority of the judges on the all-Republican court went further, indicating that they believed the Georgia special grand jury conducting the inquiry may not have the legal standing to compel testimony from Texas witnesses.After the court’s ruling, two other pro-Trump Texans, Sidney Powell and Phil Waldron, did not show up for their scheduled court dates in Atlanta. And while there may be workarounds for Ms. Willis — experts say the Atlanta prosecutors could go to Texas to depose the witnesses — it looks to some Georgia observers like a pattern of Texas Republicans meddling with Georgia when it comes to the fate of Mr. Trump.Fani Willis, the Fulton County district attorney, has subpoenaed prominent lawyers of Mr. Trump, including Rudolph Giuliani, Jenna Ellis, John Eastman and Sidney Powell.Audra Melton for The New York Times“It does seem like there’s a substantial resistance from Texas and Texans to forcing people to cooperate in ways that we haven’t seen from any other jurisdiction,” said Anthony Michael Kreis, a constitutional law professor at Georgia State University in Atlanta.Ken Paxton, the Texas attorney general, has also weighed in, filing an amicus brief late last month along with other Republican attorneys general that supported efforts by Senator Lindsey Graham of South Carolina to avoid testifying in the Atlanta investigation. Mr. Paxton, in a statement accompanying his brief, assailed the investigation for what he said were its “repeated attempts to ignore” the Constitution.Mr. Paxton, who is running for re-election this year despite having been indicted and arrested on criminal securities-fraud charges, has sought to intervene in Georgia before. After the 2020 election, he sued Georgia and three other swing states that Mr. Trump lost, in a far-fetched attempt to get the Supreme Court to delay the certification of their presidential electors.By refusing to compel the three Texas residents to testify in Georgia, the court is breaking with a long tradition of cooperation between states in producing subpoenaed witnesses. All 50 states have versions of what is known as the Uniform Act, which was created in the 1930s to establish a framework for one state to compel testimony from a witness residing in another.Ms. Willis, in a statement, said, “We expect every state to abide by the Constitutional requirement to ensure that full faith and credit is given by them to the laws and proceedings of other states. That requirement includes abiding by the interstate compact to produce witnesses for other states’ judicial proceedings.”Ms. Willis is weighing potential conspiracy and racketeering charges, among others, and is examining the phone call that Mr. Trump made on Jan. 2, 2021, to Brad Raffensperger, the Georgia secretary of state, imploring him to “find” nearly 12,000 votes, or enough to reverse the outcome of the Georgia vote.On Friday, her office filed paperwork seeking to compel testimony from three more witnesses, The Associated Press reported: former House Speaker Newt Gingrich as well as Michael T. Flynn, a former national security adviser, and Eric Herschmann, a lawyer who worked in the Trump White House.Nearly 20 people, including Mr. Giuliani, have already been informed that they are targets of Ms. Willis’s investigation and could face criminal charges. Ms. Pick, a radio host and former lawyer for House Republicans whose husband, Doug Deason, is a prominent Republican donor and Dallas power broker, has also been told she is among the targets of the investigation, according to one of her lawyers, Geoffrey Harper.She played a central role in one of two December 2020 hearings before Georgia lawmakers that were organized by Mr. Giuliani, who advanced a number of falsehoods about the election. During a hearing before the Georgia Senate, Ms. Pick narrated a video feed that showed ballot counting taking place at a downtown Atlanta arena where voting was held.Jacki L. Pick played a central role in one of two December 2020 hearings before Georgia lawmakers that were organized by Mr. Giuliani.Rebecca Wright/Atlanta Journal-Constitution via APAt the hearing, Ms. Pick said the video “goes to” what she called “fraud or misrepresentation,” and the implication of her presentation was that something improper was taking place. She was immediately challenged by Democrats at the hearing. The office of Mr. Raffensperger, a Republican, has also long refuted the idea that anything nefarious took place in the counting of votes at the arena.Mr. Harper said his client had done nothing wrong.“She didn’t suggest there was fraud, she didn’t suggest something untoward had happened,” he said. “She simply said here is a video, here’s what it shows, we’d like to investigate further. Her testimony is the most innocuous thing you’ve ever seen.”Fulton County prosecutors are also seeking the testimony of Ms. Powell, who like Ms. Pick lives in the Dallas area. She is a lawyer and conspiracy theorist who played a high-profile role in efforts to keep Mr. Trump in power. In Georgia, she helped put together a team of Trump allies and consultants who gained access to a wide range of voter data and voting equipment in rural Coffee County; they are currently being investigated by Mr. Raffensperger’s office, as well as the Georgia Bureau of Investigation and Ms. Willis’s office.In an email, Ms. Powell said, “GA has no need to subpoena me. My involvement in GA issues has been significantly misrepresented by the press including your outlet.”She did not answer questions about her legal strategy with respect to Fulton County’s attempt to make her testify, or say whether she had been informed that she is a target of the investigation or merely a witness.Mr. Waldron, a former Army colonel with a background in information warfare, also advanced a number of conspiracy theories after the 2020 election, and he made a virtual appearance at one of the legislative hearings in Georgia. He could not be reached for comment. He lives outside of Austin, Texas, and the district attorney in the county where he lives said he was not aware of any legal challenge to Ms. Willis’s effort to compel Mr. Waldron’s testimony.Phil Waldron, a former Army colonel, made a virtual appearance at a legislative hearing in Georgia after the 2020 election.Aram Roston/ReutersThe body overseeing the Fulton County investigation is known under Georgia law as a special purpose grand jury. It can sit for longer periods than a regular grand jury and has the ability to subpoena targets of the investigation to provide testimony, though it lacks the power to indict. Once a special grand jury issues a report and recommendations, indictments can be sought from a regular grand jury.A majority of judges on the Texas court expressed the view that the Georgia grand jury was not a proper criminal grand jury because it lacks indictment authority, and thus likely lacks standing to compel the appearance of witnesses from Texas.“I am inclined to find such a body is not the kind of grand jury envisioned by the Uniform Act,” wrote Judge Kevin Yeary. “And if I may be wrong about that, I would place the burden to show otherwise on the requesting state.”His view was essentially backed by four other judges on the nine-member court.The question of whether the Fulton County special grand jury is civil or criminal in nature came up in late August, when lawyers for Gov. Brian Kemp, a Republican, unsuccessfully sought to quash a subpoena demanding that he testify. The governor’s lawyers argued that the special grand jury was civil, and that Mr. Kemp would not have to testify in a civil action under the doctrine of sovereign immunity.But in a written order on Aug. 29, Fulton County Superior Court Judge Robert C.I. McBurney rejected the idea that the special grand jury was civil, noting that none of the paperwork establishing the grand jury mentioned that it would be considering civil actions.“That a special purpose grand jury cannot issue an indictment does not diminish the criminal nature of its work or somehow transmogrify that criminal investigation into a civil one,” Judge McBurney wrote. “Police officers, too, lack the authority to indict anyone, but their investigations are plainly criminal.”Ronald Wright, a law professor at Wake Forest University who studies the work of criminal prosecutors, said that the Texas court’s decision, based on its interpretation of the special grand jury’s purpose, appeared unusual. “I haven’t heard anything about one state saying categorically, ‘No we read your statute, that doesn’t apply here, you can’t get this witness,’” he said.The nine members of Texas’ Court of Criminal Appeals are elected and are all Republicans. But they have not always been in sync with Gov. Greg Abbott and Mr. Paxton, both vociferous Trump supporters. Mr. Harper said his reading of Georgia law is that the special grand jury is a civil proceeding. He believes that witnesses living in other states can challenge efforts to compel their testimony, at least if it is in person.“Civil cases can get testimony from out-of-state witnesses, but they have to do it by deposition,” he said. “I believe that if pressed on the issue, it would be a unanimous ruling by the Texas Court of Criminal Appeals that a special grand jury in Georgia cannot subpoena live testimony from witnesses outside of Georgia.” More

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      Georgia Official Says County’s Voting Equipment Will Be Replaced

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      New voting equipment will be installed in Coffee County, where allies of former President Donald J. Trump copied software and other data after the 2020 election.ATLANTA — Brad Raffensperger, Georgia’s secretary of state, said on Friday that his office would replace voting equipment in Coffee County, where allies of former President Donald J. Trump and contractors working on Mr. Trump’s behalf copied software and other data after the 2020 election.But in a statement, a plaintiff in a federal lawsuit contending that Georgia’s statewide voting system is fundamentally insecure in the wake of the Trump allies’ visit to Coffee County called the changes “embarrassingly thin” and “cosmetic.” The statement said the server for the county’s election management system remained “potentially contaminated.”The move by Mr. Raffensperger, a Republican, comes after the plaintiffs complained that he was moving too slowly to address the security breach in Coffee County, which took place in January 2021. The Trump allies, presumably looking for evidence of fraud, copied data and software with the blessing of local elections officials.One Trump supporter involved in the breach, Scott Hall, said in a recorded phone call that the team that traveled to Coffee County, roughly 200 miles southeast of Atlanta, had “scanned all the equipment, imaged all the hard drives and scanned every single ballot.”Mr. Raffensperger’s office and the Georgia Bureau of Investigation are investigating the breach, which Mr. Raffensperger referred to in a statement as “the unauthorized access to the equipment that former Coffee County election officials allowed in violation of Georgia law.”Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

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      Videos Show Trump Allies Handling Georgia Voting Equipment

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

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      Judge Says Lindsey Graham Can Be Questioned About Election Activity

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      Prosecutors in Atlanta have called the Republican senator to testify before a special grand jury investigating efforts by Donald J. Trump and his allies to overturn his election loss.ATLANTA — In a setback for Senator Lindsey Graham, a federal judge ruled on Thursday that prosecutors can ask him about certain elements of his November 2020 phone calls with Brad Raffensperger, the Georgia secretary of state. Mr. Raffensperger has said that in those calls, Mr. Graham suggested rejecting mail-in votes in the presidential election from counties with high rates of questionable signatures.The order from U.S. District Judge Leigh Martin May must now be taken up for consideration by the 11th Circuit Court of Appeals. It is the latest twist in a protracted legal drama in which Mr. Graham has sought to avoid appearing before a special grand jury in Atlanta that is investigating efforts by Donald J. Trump and his allies to overturn Mr. Trump’s narrow loss in the state in 2020.Mr. Graham’s phone calls to Mr. Raffensperger were followed, weeks later, by a call from Mr. Trump himself, who asked Mr. Raffensperger to “find” 11,780 votes to put him over the top.Mr. Graham has argued that he should not have to comply at all with a subpoena to testify before the special grand jury. His lawyers raised issues of sovereign immunity and the fact that Mr. Graham is “a high-ranking government official.”Judge May rejected those arguments in a ruling in mid-August. But a week later, the appellate court asked the judge to determine whether limits should be applied to Mr. Graham’s testimony, based on the U.S. Constitution’s Speech or Debate clause, which protects lawmakers from being questioned about their legitimate legislative functions.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

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      Lindsey Graham Resists Testifying in Trump Investigation in Georgia

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      ATLANTA — Six days after major news organizations declared Donald J. Trump the loser of the 2020 presidential election, his allies were applying a desperate full-court press in an effort to turn his defeat around, particularly in Georgia.The pro-Trump lawyer Sidney Powell went on television claiming that there was abundant evidence of foreign election meddling that never ultimately materialized. Another lawyer, L. Lin Wood, filed a lawsuit seeking to block the certification of Georgia’s election results.That same day, Nov. 13, 2020, Senator Lindsey Graham, the South Carolina Republican and one of Mr. Trump’s most ardent supporters, made a phone call that left Brad Raffensperger, Georgia’s Republican secretary of state, immediately alarmed. Mr. Graham, he said, had asked if there was a legal way, using the state courts, to toss out all mail-in votes from counties with high rates of questionable signatures.The call would eventually trigger an ethics complaint, demands from the left for Mr. Graham’s resignation and a legal drama that is culminating only now, nearly two years later, as the veteran lawmaker fights to avoid testifying before an Atlanta special grand jury that is investigating election interference by Mr. Trump and his supporters.Mr. Graham has put together a high-powered legal team, which includes Don F. McGahn II, a White House counsel under Mr. Trump. While Mr. Graham’s lawyers say that they have been told that he is only a witness — not a target of the investigation — that could change as new evidence arises in the case, which is being led by Fani T. Willis, the district attorney of Fulton County, Ga. Her efforts to compel Mr. Graham to testify have been aided by legal filings from a number of high-profile, outside attorneys, including William F. Weld, a Trump critic and former Republican governor of Massachusetts.Brad Raffensperger, the Georgia secretary of state, center, during a hearing by the House Select Committee to Investigate the Jan. 6 Attack on the U.S. Capitol.Shuran Huang for The New York TimesUnderscoring the risks for Mr. Graham, lawyers for 11 people who have been designated as targets who could face charges in the case have said that they were previously told that their clients were only “witnesses, not subjects or targets,” according to court filings.On Sunday, the U.S. Court of Appeals for the 11th Circuit temporarily blocked Mr. Graham from testifying and directed a lower court to determine whether he was entitled to a modification of the subpoena based on constitutional protections afforded to members of Congress. After that, the appeals court said, it will take up the issue “for further consideration.” The matter is now back before Leigh Martin May, a Federal District Court judge who already rejected Mr. Graham’s attempt to entirely avoid testifying; she asked the sides to wrap up their latest round of legal filings by next Wednesday. It seems increasingly likely that Mr. Graham will testify next month.Ms. Willis has said that she is weighing a broad array of criminal charges in her investigation, including racketeering and conspiracy. She has already informed at least 18 people that they are targets, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer. Mr. Giuliani fought to avoid testifying in person but was forced to appear before the grand jury last week.Regarding Mr. Graham, Ms. Willis’s office is seeking to learn more about his role in Mr. Trump’s post-election strategy, and who he spoke to on the Trump campaign team before or after he called Mr. Raffensperger. While Mr. Trump assailed Mr. Raffensperger on Twitter as a “so-called Republican” on the same day as that call, Mr. Graham told CNN that the former president did not encourage him to place the call.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

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      Giuliani Is a Target in Georgia’s Trump Election Inquiry, Lawyer Says

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      Rudolph W. Giuliani, as former President Donald J. Trump’s personal lawyer, spearheaded efforts to keep Mr. Trump in power.ATLANTA — The legal pressures on Donald J. Trump and his closest allies intensified further on Monday, as prosecutors informed his former personal attorney, Rudolph W. Giuliani, that Mr. Giuliani was a target in a wide-ranging criminal investigation into election interference in Georgia.The notification came on the same day that a federal judge rejected efforts by another key Trump ally, Senator Lindsey Graham, to avoid giving testimony before the special grand jury hearing evidence in the case in Atlanta.One of Mr. Giuliani’s lawyers, Robert Costello, said in an interview that he was notified on Monday that his client was a target. Being so identified does not guarantee that a person will be indicted; rather, it usually means that prosecutors believe an indictment is possible, based on evidence they have seen up to that point.Mr. Giuliani, who as Mr. Trump’s personal lawyer spearheaded efforts to keep Mr. Trump in power, emerged in recent weeks as a central figure in the inquiry being conducted by Fani T. Willis, the district attorney of Fulton County, Ga., which encompasses most of Atlanta.Earlier this summer, prosecutors questioned witnesses before the special grand jury about Mr. Giuliani’s appearances before state legislative panels in December 2020, when he spent hours peddling false conspiracy theories about secret suitcases of Democratic ballots and corrupted voting machines.For Mr. Giuliani, the former mayor of New York, the developments are the latest in a widening swath of trouble, though he got some good news recently when it emerged that he was unlikely to face charges in a federal criminal inquiry into his ties to Ukraine during the 2020 presidential campaign.Mr. Giuliani is scheduled to appear before the special grand jury on Wednesday at a downtown Atlanta courthouse. His lawyer, Mr. Costello, said in the interview that Mr. Giuliani would probably invoke attorney-client privilege if asked questions about his dealings with Mr. Trump. “If these people think he’s going to talk about conversations between him and President Trump, they’re delusional,” Mr. Costello said.The rejection of Senator Graham’s effort to avoid testifying came in a written order from a Federal District Court judge in Atlanta, Leigh Martin May. Mr. Graham, a Republican of South Carolina, is now set to testify on Aug. 23.The judge found that prosecutors had shown that there is “a special need for Mr. Graham’s testimony on issues relating to alleged attempts to influence or disrupt the lawful administration of Georgia’s 2022 elections.”Lawyers for Mr. Graham have said that he was informed by prosecutors that he was a witness, not a target.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

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      Will Asian American Voters Continue to Rally Behind Democrats?

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      The party confronts a mood of frustration among the rising electoral force that helped vault it to power. The campaign in Georgia will test that bond.JOHNS CREEK, Ga. — At a brightly lit restaurant in suburban Atlanta, nestled in a tidy neighborhood of office buildings and private drives, State Senator Michelle Au brought up the mass shooting that lingers as a singular trauma in the local Asian American community.Addressing a predominantly Chinese American group of about 40 people, Dr. Au, a practicing anesthesiologist, delicately alluded to “the shootings that took place in metro Atlanta on March 16 of 2021” as she launched into a plea for new gun-control laws that Georgia Republicans oppose. She did not need to remind her audience of the details of the deadly attack carried out last year by a white gunman against several massage parlors in the Atlanta area, killing eight people including six women of Asian descent.“Republicans, while they talk a big game about public safety, they don’t seem to be as interested in actually proposing concrete solutions to deal with it,” Dr. Au told the crowd.The issue of gun safety is one of several that Democrats like Dr. Au are putting at the center of their argument to Asian American voters ahead of the November elections, as they work to win over the array of communities that make up America’s fastest-growing demographic group.Dr. Au’s district — a well-paved tangle of shopping centers and office complexes where law firms list their names in Korean and Indian grocers compete for space with bubble tea chains — is a case study in the social and political complexity of an electoral force rising in swing states: the diverse collection of communities jammed into the census label “Asian American.”The attack last year by a white gunman against several massage parlors in the Atlanta area killed eight people, including six women of Asian descent.Chang W. Lee/The New York TimesIn 2020, Georgia voters turned out in force to eject Donald J. Trump from office and then elect two Democratic senators in a runoff that decided control of the Senate. It was a breakthrough in Asian American mobilization, with turnout surging nationally by about 40 percent over the 2016 election — the largest spike of any demographic group. It amounted to an emphatic repudiation of a president who trafficked in race baiting amid a wave of hate crimes against Asian Americans.Yet just two years later, Democratic candidates in states like Georgia are confronting a mood of frustration and fear among Asian American voters that threatens to weaken the political coalition that turned Georgia blue for the first time this century.The anxious mood, voters and local leaders say, comes from persistent alarm about public safety and a feeling of being overlooked by national political leaders despite growing electoral clout.They warn that too many Democrats are still treating Asian Americans as a constituency of secondary importance, while Republicans continue pushing an agenda that is broadly unfriendly to Asian American communities even as the G.O.P. makes sporadic overtures on issues like education and crime.The ongoing scourge of racist harassment and violence, stirred during the early days of the coronavirus pandemic and stoked by Mr. Trump’s rhetoric, has kept the electorate on edge and heightened concerns about lax gun laws and crime. At Dr. Au’s event in Johns Creek, one speaker brought up attacks against Asian Americans on the New York City subway as part of a national atmosphere of menace.Narender G. Reddy, Dr. Au’s opponent in her state legislative election this year, is an Indian American real estate agent and longtime Republican donor.Lynsey Weatherspoon for The New York TimesSeveral state elections in Georgia will represent a revealing test of Democrats’ bond with the Asian American electorate. The party has nominated a number of Asian Americans for important races, including Bee Nguyen, a Vietnamese American state legislator running for secretary of state against the Republican incumbent, Brad Raffensperger, and Nabilah Islam, a Bangladeshi American seeking a State Senate seat in the Atlanta suburbs.Republicans have put forward a handful of Asian American candidates, too: Dr. Au’s opponent in her state legislative election this year, Narender G. Reddy, is an Indian American real estate agent and longtime Republican donor who has pressed Gov. Brian Kemp and other Republicans to do more to woo South Asian voters. There are signs this year that Mr. Kemp is making a meaningful effort.Gun Violence and Gun Control in America2022 Mass Shootings: Gun violence is a persistent American problem. A partial list of mass shootings this year offers a glimpse at the scope.Ending a Stalemate: A bipartisan bill, the most significant gun measure to clear Congress in decades, was forged by an unlikely coalition of senators.California’s New Law: Gov. Gavin Newsom signed legislation that provides a minimum $10,000 award to residents who successfully sue makers of illegal guns. The measure is modeled after a Texas anti-abortion law.Armed and Ready to Teach: Lawmakers in Ohio have made it easier for teachers and other school employees to carry guns. The move is part of a wider strategy by Republicans and gun rights advocates, who say that allowing teachers, principals and superintendents to be trained and armed gives schools a fighting chance in case of attack.Democrats are counting on voters in communities like Johns Creek, an affluent enclave some 25 miles from downtown Atlanta, to help Stacey Abrams defeat Mr. Kemp and re-elect Senator Raphael Warnock. About a quarter of residents in the area identify as Asian American.In an interview, Dr. Au, 44, said Democrats needed to connect with Asian American voters on policy issues like gun safety and abortion rights rather than assuming Asian Americans would continue to vote Democratic chiefly out of distaste for Republicans. Economic frustrations over inflation and gas prices were part of the Asian American experience, too, she said.The community, Dr. Au said, wants “to have a voice and have power and be listened to.”“It’s not a safe thing to say that all voters of color, uniformly, will vote for Democrats because they have a more inclusive platform,” she said. “And I think it’s not safe to say that all Asian voters will vote for Democrats, because of that same reason.”Johns Creek, an affluent enclave some 25 miles from downtown Atlanta, could be a pivotal community for the Democratic Party in November. About a quarter of the residents in the area identify as ethnically Asian.Nicole Craine for The New York TimesAsian American voters have steadily shifted in the direction of Democrats since the turn of the century, as a younger and more liberal generation has come of age politically, while conservative-leaning older voters have turned away from the Republican Party’s increasingly hard-line views on race and national identity.Tracy Xu, a voter at Dr. Au’s event, said she planned to vote for Democrats in November because she was upset about gun crime and the rollback of abortion rights. The law enacted by Georgia Republicans to ban most abortions, Ms. Xu said, reminded her of the repressive reproductive policies in China, where she lived for the first half of her life.But Ms. Xu, 51, who works in the financial industry, said she still considered herself a political independent and did not see either party as having a dominant advantage with voters like her.“Just like the country’s split, our community is very split,” Ms. Xu said.Tracy Xu, a voter at Dr. Au’s event, said she planned to vote for Democrats this year because she was upset about gun crime and the rollback of abortion rights.Nicole Craine for The New York TimesA Fragile AllianceThe relationship between Democrats and the Asian American community was tested almost immediately after the 2020 election, in tense exchanges between Mr. Biden and Asian American lawmakers who questioned whether the incoming president understood the role their community had played in his victory.Asian American voters made up about 4 percent of the national electorate in 2020, with studies showing they voted for Mr. Biden over Mr. Trump by a margin of roughly two to one. That was enough to secure victory for Democrats in a narrowly split state like Georgia.Still, Republicans maintained support in more right-leaning parts of the community, particularly among older and more religious voters; in Southern California, Vietnamese American voters helped elect to Congress two Korean American Republican women who branded the Democratic Party as a vehicle for socialism.Mr. Biden struggled at the outset to forge a tighter bond with Asian American political leaders, clashing with lawmakers over the near-absence of Asian Americans from early appointments to his administration. Private frustrations exploded into a damaging public spectacle when Senator Tammy Duckworth of Illinois, a Democrat of Thai ancestry, threatened a blockade of Mr. Biden’s nominees until the administration pledged to put more Asian Americans in important positions.Representative Judy Chu of California, the head of the Congressional Asian Pacific American Caucus, said lawmakers had been “severely disappointed” during the transition but that the president had given convincing assurances he recognized the influence of the Asian American vote.After the spa shooting, Mr. Biden traveled to Georgia to meet with Asian American leaders. He was joined by Vice President Kamala Harris, herself the daughter of an Indian American immigrant. Weeks later, Mr. Biden returned for a rally marking his 100th day in office.Asian businesses along Buford Highway in Doraville, Ga.Nicole Craine for The New York TimesIntroducing him on that April day was Long Tran, a cafe owner in Dunwoody who said he spoke backstage with Mr. Biden about the shooting and the impact of “anti-Chinese rhetoric.” The president, Mr. Tran said, stressed that he and Ms. Harris “haven’t forgotten that Asian hate is still rising in the country and it’s something that needs to be addressed.”Yet in the 2021 off-year elections, Republicans recovered some ground with Asian American voters in New York City and Virginia, offering a hard-edged message about crime and opposition to liberal education policies that would have reformed or abolished certain kinds of selective public-school programs that are popular with Asian families but that many Democrats regard as exclusionary of Black and Hispanic students.Asian American voters motivated by similar concerns helped upend local politics in San Francisco, ejecting members of a left-wing school board and a progressive district attorney in recall elections that showed powerful currents of discontent within the overwhelmingly Democratic city.This summer, focus groups conducted by national Democratic pollsters found Asian American voters expressing dismay that Democrats often prioritize other constituencies defined by race or sexual orientation above Asian Americans, according to two people briefed on the studies.Long Tran, a Democratic candidate for the state legislature in a district with a large community of Asian American voters, said many people he met were uneasy about left-wing ideas on police reform and concerned about support on the right for lax firearm laws.Nicole Craine for The New York TimesStill, the Asian American Voter Survey, a large-scale poll conducted annually, found in July that Asian Americans leaned toward supporting Democratic congressional candidates by a margin of 54 percent to 27 percent. Those voters trusted Democrats more than Republicans on issues including guns, the environment and race — but split evenly on which party they preferred to handle the economy.Mr. Trump remained intensely unpopular with Asian American voters.EunSook Lee, the head of the AAPI Civic Engagement Fund, a progressive nonprofit, said Democrats still had a window to solidify their political relationship with the Asian American electorate.Of Asian American voters, she said, “They care about reproductive rights. They care about gun control. And on all those issues, the Republican Party isn’t budging.”Divide and ConquerIn a real estate office in Duluth, Ga., minutes away from Johns Creek, Mr. Reddy — Dr. Au’s Republican opponent — gave a blunt assessment of his party’s efforts to court Asian Americans: “Still not there.”Mr. Reddy’s office is all but wallpapered with photos of himself with Republican politicians like George W. Bush and Mitt Romney, an expression of his personal devotion to the G.O.P. But Mr. Reddy, 71, said most of his Indian American friends saw the Republican Party as “all white.”“That’s the only popular perception,” he said. “And there is truth to it, actually.”The party, he said, had been harmed by episodes like a rally at the end of the Georgia Senate runoffs when Senator David Perdue, a Republican incumbent, had mocked the pronunciation of Ms. Harris’s first name. National Democratic organizations, including the advocacy group Indian American Impact, mounted a fierce campaign targeting Asian American voters with information about Mr. Perdue’s insulting conduct.The G.O.P.’s business-friendly economic agenda could resonate in the community, Mr. Reddy argued, but Republicans were still seen as “anti-immigrant” and overly tied to Mr. Trump. A supporter of Mr. Trump for years, Mr. Reddy said it had grown difficult to justify his behavior.Republicans in Georgia have taken something of a divide-and-conquer approach to the Asian American vote. The governor appointed the first Asian American justice to Georgia’s Supreme Court and Republicans have recruited a few Asian American candidates to run in state legislative seats.At the same time, the Republican-dominated legislature has used gerrymandering to break up ethnically Asian communities and mute their influence at the polls. Dr. Au became a victim of that strategy last year when Republicans demolished her State Senate district, prompting her to run for a Democratic-leaning seat in the lower chamber instead.Mr. Tran, the businessman who introduced Mr. Biden last year in Atlanta, is now a Democratic candidate for the state legislature in a district with a large community of Asian American voters. Mr. Tran, 46, said he often found voters expressing unease about left-wing ideas on police reform.He said he had encountered pervasive concern about gun violence and Republican support for lax firearm laws. “Everyone is scared to death about guns,” Mr. Tran said. “I was eating dim sum and the waiters were saying, ‘We can’t stop looking at the door and wondering if the next person who comes in will have a gun.’” More

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      in Elections

      On the Docket: Atlanta v. Trumpworld

      by

      ATLANTA — The criminal investigation into efforts by former President Donald J. Trump and his allies to overturn his election loss in Georgia has begun to entangle, in one way or another, an expanding assemblage of characters:A United States senator. A congressman. A local Cadillac dealer. A high school economics teacher. The chairman of the state Republican Party. The Republican candidate for lieutenant governor. Six lawyers aiding Mr. Trump, including a former New York City mayor. The former president himself. And a woman who has identified herself as a publicist for the rapper Kanye West.Fani T. Willis, the Atlanta area district attorney, has been leading the investigation since early last year. But it is only this month, with a flurry of subpoenas and target letters, as well as court documents that illuminate some of the closed proceedings of a special grand jury, that the inquiry’s sprawling contours have emerged.For legal experts, that sprawl is a sign that Ms. Willis is doing what she has indicated all along: building the framework for a broad case that could target multiple defendants with charges of conspiracy to commit election fraud, or racketeering-related charges for engaging in a coordinated scheme to undermine the election.“All of these people are from very disparate places in life,” Anthony Michael Kreis, a constitutional law professor at Georgia State University, said of the known witnesses and targets. “The fact that they’re all being brought together really suggests she’s building this broader case for conspiracy.”What happened in Georgia was not altogether singular. The House committee investigating the Jan. 6, 2021, attack on the Capitol has put on display how Mr. Trump and his allies sought to subvert the election results in several crucial states, including by creating slates of fake pro-Trump electors. Yet even as many Democrats lament that the Justice Department is moving too slowly in its inquiry, the local Georgia prosecutor has been pursuing a quickening case that could pose the most immediate legal peril for the former president and his associates.Whether Mr. Trump will ultimately be targeted for indictment remains unclear. But the David-before-Goliath dynamic may in part reflect that Ms. Willis’s legal decision-making is less encumbered than that of federal officials in Washington by the vast political and societal weight of prosecuting a former president, especially in a bitterly fissured country.But some key differences in Georgia law may also make the path to prosecution easier than in federal courts. And there was the signal event that drew attention to Mr. Trump’s conduct in Georgia: his call to the secretary of state, Brad Raffensperger, whose office, in Ms. Willis’s Fulton County, recorded the president imploring him to “find” the 11,780 votes needed to reverse his defeat.A House hearing this past week discussed a phone call in which President Donald J. Trump asked Georgia’s secretary of state, Brad Raffensperger, to “find” an additional 11,780 votes.Shawn Thew/EPA, via ShutterstockMr. Trump’s staff did not comment, nor did his local counsel. When Ms. Willis opened the inquiry in February 2021, a Trump spokesman described it as “simply the Democrats’ latest attempt to score political points by continuing their witch hunt against President Trump.” Lawyers for 11 of the 16 Trump electors, Kimberly Bourroughs Debrow and Holly A. Pierson, accused Ms. Willis of “misusing the grand jury process to harass, embarrass and attempt to intimidate the nominee electors, not to investigate their conduct.”Last year, Ms. Willis told The New York Times that racketeering charges could be in play. Whenever people “hear the word ‘racketeering,’ they think of ‘The Godfather,’” she said, before explaining that charges under Georgia’s version of the federal Racketeer Influenced and Corrupt Organizations Act could apply in any number of realms where corrupt enterprises are operating. “If you have various overt acts for an illegal purpose, I think you can — you may — get there,” she said.The Trump InvestigationsCard 1 of 8Numerous inquiries. More