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      Fact-Checking Mike Pence on the Campaign Trail

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      The former vice president has made misleading claims about abortion, fiscal policy and military spending.Since beginning his long-shot presidential campaign in June, former Vice President Mike Pence has struggled to gain traction among Republican primary voters.Mr. Pence has consistently polled in the single digits behind the two leading contenders: his onetime running mate, former President Donald J. Trump, and Gov. Ron DeSantis of Florida. The former vice president has broken with them most starkly on their approaches to Social Security and Medicare. He has also carved out clear positions supporting a 15-week national abortion ban and wholeheartedly backing American involvement in the war in Ukraine.Mr. Pence has made some inaccurate claims along the way. Here’s a fact check of some of his recent remarks on the campaign trail.AbortionWhat Mr. Pence Said“I did, this week, call on every other candidate for the Republican nomination to support a minimum standard of a 15-week ban on abortion at the national level that would align American law with most of the countries in Europe that literally ban abortion after 12 to 15 weeks. Our laws at the national level today are more aligned with North Korea, China and Iran than with other Western countries in Europe.”— in a June interview on Fox News SundayThis is misleading. Mr. Pence’s comparison is overly simplistic and glosses over how abortion laws in Europe work in practice. It is also worth noting that many European countries are moving toward relaxing abortion restrictions, not imposing additional ones, as The Upshot has reported.Of some four dozen countries in Europe, almost all have legalized elective abortion before 10 to 15 weeks of pregnancy. All of these countries allow abortions after the gestational limit if the mother’s life is in danger and about half do so for cases involving sexual violence — two exceptions that Mr. Pence has said he also supports. But many also allow for broader exceptions, like the socioeconomic circumstances or mental health of the mother, which Mr. Pence’s proposal does not include.In Britain, for example, an abortion must be approved by two doctors, but those requests are generally granted up to 24 weeks. In Denmark and Germany, exceptions for gestational limits of 12 weeks are made for mental and physical health as well as living conditions.At least three countries also have more permissive gestational cutoffs than Mr. Pence’s proposal: Iceland at 22 weeks, the Netherlands at 24 weeks and Sweden at 18 weeks.In contrast, China allows elective abortions without specifying gestational limits in its national laws, according to the World Health Organization. China also has said in recent years that it will aim to reduce the number of “medically unnecessary” abortions, and at least one province has prohibited abortions after 14 weeks.North Korea’s laws on abortion are unclear. In 2015, the authorities issued a directive barring doctors from performing abortions, according to the World Health Organization, but “there are no documents after 2015” on the legality of the procedure.In the United States, after the Supreme Court eliminated the constitutional right to an abortion last summer, the legal status of abortion varies widely from state to state. In some, the procedure is banned with no exceptions, and in others it is enshrined as a right with no gestational limits. A spokesman for Mr. Pence cited nine such states as exceptionally nonrestrictive.Fiscal policyWhat Mr. Pence Said“Well, first off, look, Joe Biden’s policy on our national debt is insolvency. And, sadly, my former running mate’s policy is identical to Joe Biden’s. Both of them say they’re not even going to talk about common sense and compassionate reforms to entitlements to spare future generations of a mountain range of debt.”— in the Fox News Sunday interviewThis is exaggerated. Asked about his calls to overhaul Social Security and Medicare, Mr. Pence criticized Mr. Trump’s and Mr. Biden’s approaches to the social programs as irresponsible. While both have said they would not cut benefits, only Mr. Biden has proposed tax increases to shore up both programs. But equating that position to one of accepting total insolvency is overstated.Currently, Social Security and Medicare both face financial shortfalls. The fund that pays for Social Security retirement benefits is projected to be depleted by 2033, and the fund that pays hospitals for Medicare patients will be exhausted in 2031. At those points, the funds will be able to pay for only 77 percent of retirement benefits and 89 percent of scheduled fees to hospitals.During the 2020 campaign, Mr. Biden proposed increasing taxes on high-income earners to pay for additional Social Security benefits. The extra funding would reduce the program’s financial shortfall, though the revenue would not close the gap entirely. While his latest presidential budget, released in March, does not mention that proposal, it does include a plan to extend the solvency of Medicare by 25 years by imposing higher taxes on the wealthy.Mr. Trump’s position on social safety net programs is a bit harder to pin down. In January 2020, he said he would be willing to consider cuts to the social safety nets “at some point” — though he quickly tried to walk back his comments and vowed to protect Social Security. His last presidential budget proposal, in February 2020, did not cut benefits to either program, but sought Medicare savings through a dozen tweaks like reducing payments to providers and reducing the cost of prescription drugs.More recently, Mr. Trump vowed in a speech in March at the Conservative Political Action Conference that “we are never going back” to proposals to raise the Social Security retirement age or cut Medicare benefits. But Mr. Trump has not yet outlined his stance on either program in more detail or addressed their solvency issues in this campaign cycle.The Pence campaign argued that neither Mr. Trump nor Mr. Biden has a current plan for Social Security, and that Mr. Biden’s plan for Medicare just delays the financial shortfall.Mr. Pence has made misleading claims about abortion, fiscal policy and military spending.Jordan Gale for The New York TimesClassified documentsWhat Mr. Pence Said“I mean, when I informed the Department of Justice that we had classified materials potentially in our home, they were at my home. The F.B.I. was on my front doorstep the next day. And what we found out was that, when Joe Biden apparently alerted the Department of Justice, 80 days later, they showed up at his office.”— in a CNN town hall in JuneThis is exaggerated. Upon the discovery of classified documents in their personal residences, Mr. Pence and Mr. Biden both cooperated with government inquiries. Mr. Pence has a point that the Justice Department’s responses to the discoveries were not identical, but he is overstating the differences.In Mr. Biden’s case, the searches occurred a few weeks — not three months — after the discovery of classified documents. In Mr. Pence’s case, the search occurred about three weeks later.On Nov. 2, lawyers for Mr. Biden discovered classified documents at the offices of the Penn Biden Center for Diplomacy and Global Engagement, a think tank in Washington. On the same day, according to Biden administration officials, the lawyers alerted the National Archives and Records Administration, which is responsible for securing such documents. The next day, the National Archives retrieved the documents and referred the matter to the Justice Department. The F.B.I. searched the think tank in mid-November.On Dec. 20, Mr. Biden’s aides discovered a second set of classified documents at his home in Wilmington, Del. The same day, they alerted the U.S. attorney leading the investigation about the discovery. A month later, on Jan. 20, the F.B.I. searched the residence and seized additional documents. And on Feb. 1, the F.B.I. searched Mr. Biden’s vacation home in Rehoboth Beach, Del., but did not find additional classified documents.The discovery of classified documents in Mr. Biden’s possession prompted aides for Mr. Pence to search his home in Indiana out of caution. They found about a dozen documents with classified markings on Jan. 16 and alerted the National Archives to the discovery in a letter dated Jan. 18. The Justice Department, rather than the records agency, then retrieved the documents from Mr. Pence’s home on Jan. 19. Nearly a month later, on Feb. 10, the F.B.I. searched Mr. Pence’s home and found one additional document.The Pence campaign argued that the Justice Department, in directly requesting the documents from Mr. Pence, bypassed the standard procedures, which did not occur in Mr. Biden’s case.Unlike the Biden and Trump cases, Attorney General Merrick B. Garland did not appoint a special counsel to investigate Mr. Pence’s handling of classified materials. The Justice Department has also declined to prosecute Mr. Pence while the inquiry into Mr. Biden remains ongoing.Funding for the militaryWhat Mr. Pence Said“Since Joe Biden took office, he’s been working to cut military spending.”— at the Family Leadership Summit in Iowa in JulyThis is false. Mr. Biden’s annual budgets have generally asked for more funding for the military, and actual spending has increased each year.Mr. Biden’s first budget, released in 2021, proposed $715 billion for the Pentagon, essentially keeping funding level. That was a 1.6 percent increase from the previous year and a 0.4 percent decrease when adjusted for inflation. In December of that year, he signed into law a $770 billion defense package.After Russia invaded Ukraine in February 2022, Mr. Biden’s proposals and congressional appropriators amped up military spending even more.The budget he released in 2022 requested $773 billion in military spending, a nearly 10 percent increase from the previous year. He eventually signed into law an $858 billion spending policy bill.And Mr. Biden’s latest budget, released in March, asked for $842 billion for the military, a 3.2 percent increase from the previous year, and $886 billion total for national defense. That legislation is currently going through the appropriations process in Congress. The Pence campaign argued that this amounted to a cut, as the rate of inflation outstrips the rate of increase.At the Iowa event, Mr. Pence cited Mr. Biden’s debt ceiling deal with House Speaker Kevin McCarthy as an example of a proposed 1 percent cut to the military. Under that deal, military spending is set at the president’s proposed amount of $886 billion and would rise to $895 billion in 2025. But all spending, for both the military and domestic programs, would be subject to a 1 percent cut if Congress does not pass annual spending bills by January.We welcome suggestions and tips from readers on what to fact-check on email and Twitter. More

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      The Stagnation of Ron DeSantis

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      Is it possible to rapidly “reboot” a struggling presidential campaign? Pundits have to hope so, since otherwise our advice-giving beat becomes a bit irrelevant. But thinking back over recent primary candidacies that seemed to sag and then recovered, from John Kerry in 2004 to John McCain in 2008 to Joe Biden in 2020, it’s hard to identify brilliant strategic pivots. Instead what you see is candidates with fundamental strengths who hung around until events conspired to make those strengths more relevant, their opponents’ weaknesses more manifest, and their campaigns suddenly triumphant.For Ron DeSantis, currently engaged in a campaign reset after months of stagnant polling, there’s no way to sell these case studies to his restive donors. “Don’t worry, we’re going to hang around and hope things break our way at the last minute” isn’t exactly an inspiring rallying cry, especially for a candidate who briefly seemed poised to become the 2024 front-runner, but now languishes 20 or 30 points behind Donald Trump.And it’s easy enough to list things that DeSantis could be doing differently. Some of them, like talking less about the swiftly-receding Covid era and seeking combat with the mainstream media, are obvious enough that the campaign is already trying to adapt. Other possibilities seem to still elude his team — above all, the benefits of breaking out of the movement-conservative box a bit more, making big promises on economic as well as social policy, and avoiding a replay of Ted Cruz’s ideologically self-limiting 2016 campaign.But any benefit from these shifts is likely to be incremental rather than dramatic. Meanwhile, the reset that’s so often urged on DeSantis — the idea that he needs to go hard after Trump’s unfitness for high office — is a theory supported by exactly zero polling evidence.The reality is that if there were some obvious path to rising higher in the polls at this stage of the campaign, another Republican candidate would have probably discovered it. As The Dispatch’s Nick Catoggio, no great DeSantis admirer, pointed out a week ago, amid all the talk about his faltering campaign the Florida governor’s support “exceeds the combined share of every candidate who’s trailing him, a field that includes a sitting senator, two former governors, and the most recent former vice president of the United States.”The Trump-friendly Vivek Ramaswamy, often portrayed as the breakout figure in the non-DeSantis field, stands just shy of 5 percent in the RealClearPolitics polling average. The most forthrightly anti-Trump figure, Chris Christie, stands at 2 percent. The sunny donor favorite Tim Scott is at 3 percent.Those numbers make DeSantis’s stagnant 20 percent look pretty good, and his Trump-adjacent positioning like a much stronger play than the alternatives.Yes, it’s not as strong as it looked during Trump’s post-midterm swoon. But the argument I made back then — that Trump was far more likely to lose in a fade than in a knockout — isn’t obviated by the fact that he hasn’t faded yet. Quite the reverse: It’s precisely Trump’s recovery and resilience amid multiplying indictments that suggests the futility of a Christie-style assault, while leaving DeSantis’s more hedged strategy with a narrowing but still discernible path.That path looks like this: First, in Iowa, DeSantis needs some of the very conservative voters who temporarily backed away from Trump after the midterms to back away again. Then in New Hampshire, he needs the momentum of an Iowa victory to reconcile the party’s moderates to the necessity of rallying to him, instead of sticking with Scott or Christie or Nikki Haley. Pull off that combination, and he’s well positioned for South Carolina, Florida and beyond.There’s no reason to expect things to play out this way. We’ve seen repeatedly how Trump’s supporters always seem to want to return to him, and how Trump’s skeptics always seem incapable of uniting effectively. We haven’t seen enough potency from DeSantis-the-candidate to expect him to make those patterns break.But sitting at 20 percent for a long time and then riding an early primary victory to consolidation is an imaginable scenario, at least, and one that tracks with recent examples of campaigns that first disappointed and ultimately surged. Whereas all the other scenarios for beating Trump, whether involving current contenders or some late-entering white knight, seem like wishcasting from Republicans who don’t want to settle for DeSantis.Maybe this will change in the debate season, whose set-pieces are more likely to actually reset DeSantis’s campaign than any move his team makes now, while giving his rivals their best opportunities to shake his hold on second place.But pending those confrontations, the disappointment with DeSantis doesn’t change the fact that the guy stagnating in second is more likely to finish first than all the distant others.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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      Tim Scott Is Turning Heads With Donors and Early-State Voters

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      The South Carolina senator is gaining in early-voting states and has money, a positive message and a compelling story. Now he needs to take on the Republican front-runners.He is rising in the polls and turning heads in Iowa and New Hampshire, behind heavy spending on ads that play to voters’ appetite for a leader who is upbeat and positive in a dark political moment.He has experience, a compelling personal story and a campaign war chest that gives him staying power in a Republican primary that so far has been a two-man race. And among Republican voters, he is the candidate that everyone seems to like.Senator Tim Scott of South Carolina is perfectly positioned to seize the moment if former President Donald Trump collapses under the weight of his criminal cases or if the challenge to him from Gov. Ron DeSantis of Florida evaporates.The only question is whether either moment will come.Mr. Scott’s growing popularity in early primary states has made him more of a contender in the still-young primary campaign and — in the eyes of current and potential supporters, and donors — a possible alternative to Mr. DeSantis, who is seen as an alternative to Mr. Trump.Andy Sabin, a wealthy metals magnate who switched his allegiance from Mr. DeSantis to Mr. Scott and is hosting a fund-raiser for three dozen wealthy donors in the Hamptons next month, cited his frustration with the front-runners and said he hoped that more in the donor class would join him in backing Mr. Scott. Prospective donors, Mr. Sabin said, “all want to see what he’s about.”“They’re disenchanted with Trump and DeSantis,” he said. “And the others, I’ve seen very little momentum.”Since he entered the race in May, Mr. Scott’s standing has slowly crept up in Iowa and New Hampshire. A University of New Hampshire poll of likely voters, out Tuesday, found him in third place among the state’s primary voters, with 8 percent of the vote, ahead of former Gov. Chris Christie of New Jersey and former Gov. Nikki Haley of South Carolina, both of whom have focused intensely on the state.He is also running third in recent Iowa polls — at around 7 percent — and a few national polls have shown him as the second choice for many supporters of Mr. Trump or Mr. DeSantis, though it comes at a time when primary voters not committing to Mr. Trump are often considering several candidates.Mr. Scott’s strength in early states has caught the eye of other potential donors, including the billionaire cosmetics heir Ronald Lauder, who met with Mr. Scott in South Carolina this month. In August, Mr. Scott will make a fund-raising swing through at least five states, including Colorado, Tennessee and Wisconsin.While he has not been as much of a presence on the campaign trail as his rivals have, Mr. Scott and his allied groups have poured considerable money into Iowa and New Hampshire, spending $32 million to run ads through January 2024 — more than any other Republican candidate or group on the airwaves, according to the tracking firm AdImpact. Mr. Scott is the only Republican contender who has booked ad time that far ahead.Mr. Scott, who has outspent his rivals on advertising in Iowa and New Hampshire, hopes to raise his national profile in next month’s first Republican debate.Jordan Gale for The New York TimesMr. Scott’s supporters say his positive campaign message and general appeal provide a contrast with the primary’s front-runners. The highest-ranking Black Republican, he is running on an only-in-America story as a candidate and a senator with roots in a low-income Charleston community.Still, though Mr. Scott has shown some momentum in the early states — including his home state — Republican voters have yet to flock to him en masse, and he is still relatively unknown nationally.A Quinnipiac University poll of voters nationwide found him tied with Mr. Christie in the primary among likely Republican voters, behind Ms. Haley and former Vice President Mike Pence, who are tied for third. And while he is well-liked in early primary states, more than half of Republican voters surveyed nationally said they did not know enough about him to have an opinion.Alex Stroman, the former executive director of the South Carolina Republican Party, acknowledged the issue but said that it was solvable. “I think that the more people are introduced to Tim Scott, that they are going to like Tim Scott,” he said. “The problem is, it is a crowded primary.”Asked during a town hall in New Hampshire on Tuesday how voters should contend with such a crowded field, Mr. Scott said he expected that “the field will dwindle pretty quickly” by the time voters cast ballots in the state’s February primary election.Mr. Scott’s campaign has been focused on a positive message and his faith. But some conservatives have said he needs to sharpen his message on key issues.Mic Smith/FR2 Associated Press, via Associated PressThe first opportunity to introduce himself to a national audience will be the Aug. 23 Republican debate. Mr. Scott’s campaign manager, Jennifer DeCasper, said recently that Mr. Scott had met the donor and polling thresholds to be on the debate stage. Mr. Scott, who raised more than $6 million in the second quarter, has more than $20 million in the bank — one of the largest war chests in the primary and enough, Ms. DeCasper maintained, to keep his campaign afloat through the Iowa caucuses and all three of the early state primaries.“At the end of the day, candidates can post any number they want,” she said. “But the name of the game is how much actual cash you have on hand that’s available for use in the Republican primary.”On Tuesday, Trust in the Mission PAC, a group supporting Mr. Scott, announced that it would spend $40 million on broadcast and digital advertising in Iowa, New Hampshire and South Carolina — a gigantic outlay that far outpaces the spending of any other candidate in the G.O.P. field and could possibly reshape it.The PAC’s spending reflects a huge bet on increasing Mr. Scott’s profile, especially as he maintains a relatively limited presence on the campaign trail: He has relegated his time in early primary states this month to the few days of the week that he is not in the Senate. The group has already shelled out more than $7 million on advertisements through the summer; the $40 million buy will kick in beginning in September. It is also helping fund a small field operation of about a dozen canvassers in the early primary states.One challenge Mr. Scott still faces is presenting a policy message that separates him from the rest of the Republican primary field. His advertisements in Iowa, New Hampshire and South Carolina are biographical, and some touch on national security, warning of the threat that China could pose, while others seize on cultural issues, criticizing Democrats’ policies on education and their views on race.But trying to appeal to a broad swath of Republican voters without alienating key portions of the party’s primary electorate has proved challenging.Terry Amann, an Iowa pastor who has met with most of the Republican candidates, said Mr. Scott needed to articulate a more solid policy plan to connect with the conservative evangelicals who could decide the caucuses in January. Though the senator’s conservative message and his frequent biblical allusions have endeared him to many Republican faith-based voters, Mr. Amann said, Mr. Scott has not clearly defined his stance on abortion restrictions.“If you’re going to be the candidate that stands out on faith, there are some issues that I believe are worth laying it down for, and that’s one of them,” he said. “That would be my challenge to him if he wants to step off from the rest of the pack.”With just over a month until the first debate and six months until the Iowa caucuses, Mr. Scott’s campaign still sees an opening to refine his message and consolidate more voters. Still, while he tries to surpass Mr. DeSantis, the bigger challenge will be wresting the support of more than half of Republican primary voters from Mr. Trump.“These campaigns, candidates, have to figure out what the hell they want voters to know about them,” said Dave Carney, a veteran Republican strategist in New Hampshire. Mr. Scott, because of his background, has a unique story to tell, which can get “people to listen a little bit,” Mr. Carney said. “That’s a great advantage.”But, he added, “the point isn’t just to get their interest — then you have to make the deal.”You have to sell the deal.”Ruth Igielnik More

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      Building a Legal Wall Around Donald Trump

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      The American legal system is on the cusp of a remarkable historical achievement. In real time and under immense pressure, it has responded to an American insurrection in a manner that is both meting out justice to the participants and establishing a series of legal precedents that will stand as enduring deterrents to a future rebellion. In an era when so many American institutions have failed, the success of our legal institutions in responding to a grave crisis should be a source of genuine hope.I’m writing this newsletter days after the Michigan attorney general announced the prosecution of 16 Republicans for falsely presenting themselves as the electors qualified to vote in the Electoral College for Donald Trump following the 2020 election. That news came the same day that the former president announced on Truth Social that he’d received a so-called target letter from Jack Smith, the special counsel appointed by Attorney General Merrick Garland to investigate Trump’s efforts to overturn the election. The target letter signals that the grand jury investigating the Jan. 6, 2021, attack on the Capitol is likely to indict Trump, perhaps any day now.On Monday, a day before this wave of news, the Georgia Supreme Court rejected a desperate Trump attempt to disqualify the Fulton County district attorney Fani Willis from prosecuting Trump and to quash a special grand jury report about 2020 election misconduct. Trump’s team filed their petition on July 13. The court rejected it a mere four days later. Willis can continue her work, and she’s expected to begin issuing indictments — including potentially her own Trump indictment — in August, if not sooner.Presuming another Trump indictment (or more than one) is imminent — or even if it is not — the legal response to Jan. 6 will continue. But to truly understand where we are now, it’s important to track where we’ve been. If you rewind the clock to the late evening of Jan. 6, 2021, America’s long history of a peaceful transfer of power was over, broken by a demagogue and his mob. To make matters worse, there was no straight-line path to legal accountability.Prosecuting acts of violence against police — or acts of vandalism in the Capitol — was certainly easy enough, especially since much of the violence and destruction was caught on video. But prosecuting Trump’s thugs alone was hardly enough to address the sheer scale of MAGA misconduct. What about those who helped plan and set the stage for the insurrection? What about the failed candidate who set it all in motion, Donald Trump himself?Consider the legal challenges. The stolen election narrative was promulgated by a simply staggering amount of defamation — yet defamation cases are difficult to win in a nation that strongly protects free speech. Trump’s legal campaign was conducted by unethical lawyers raising frivolous arguments — yet attorney discipline, especially stretching across multiple jurisdictions, is notoriously difficult.The list continues. Trump’s team sought to take advantage of ambiguities in the Electoral Count Act, a 19th-century statute that might be one of the most poorly written statutes in the entire federal code. In addition, Trump’s team advanced a constitutional argument called the independent state legislature doctrine that would empower legislatures to dictate or distort the outcomes of congressional and presidential elections in their states.There’s more. When we watched insurrectionists storm the Capitol, we were watching the culminating moment of a seditious conspiracy, yet prosecutions for seditious conspiracy are both rare and difficult. And finally, the entire sorry and deadly affair was instigated by an American president — and an American president had never been indicted before, much less for his role in unlawfully attempting to overturn an American election.Now, consider the response. It’s easy to look at Trump’s persistent popularity with G.O.P. voters and the unrepentant boosterism of parts of right-wing media and despair. Does anything make a difference in the fight against Trump’s lawlessness and lies? The answer is yes, and the record is impressive. Let’s go through it.The pro-Trump media ecosphere that repeated and amplified his election lies has paid a price. Fox News agreed to a stunning $787 million defamation settlement with Dominion Voting Systems, and multiple defamation cases continue against multiple right-wing media outlets.Trump’s lawyers and his lawyer allies have paid a price. Last month the U.S. Court of Appeals for the Sixth Circuit upheld the bulk of a sanctions award against Sidney Powell and a Mos Eisley cantina’s worth of Trump-allied lawyers. A New York State appellate court temporarily suspended Rudy Giuliani’s law license in 2021, and earlier this month a Washington, D.C., bar panel recommended that he be disbarred. Jenna Ellis, one of Guiliani’s partners in dangerous dishonesty and frivolous legal arguments, admitted to making multiple misrepresentations in a public censure from the Colorado Bar Association. John Eastman, the former dean of Chapman University’s law school and the author of an infamous legal memo that suggested Mike Pence could overturn the election, is facing his own bar trial in California.Congress has responded to the Jan. 6 crisis, passing bipartisan Electoral Count Act reforms that would make a repeat performance of the congressional attempt to overturn the election far more difficult.The Supreme Court has responded, deciding Moore v. Harper, which gutted the independent state legislature doctrine and guaranteed that partisan state legislatures are still subject to review by the courts.The criminal justice system has responded, securing hundreds of criminal convictions of Jan. 6 rioters, including seditious conspiracy convictions for multiple members of the Oath Keepers and the Proud Boys. And the criminal justice system is still responding, progressing steadily up the command and control chain, with Trump himself apparently the ultimate target.In roughly 30 months — light speed in legal time — the American legal system has built the case law necessary to combat and deter American insurrection. Bar associations are setting precedents. Courts are setting precedents. And these precedents are holding in the face of appeals and legal challenges.Do you wonder why the 2022 election was relatively routine and uneventful, even though the Republicans fielded a host of conspiracy-theorist candidates? Do you wonder why right-wing media was relatively tame after a series of tough G.O.P. losses, especially compared to the deranged hysterics in 2020? Yes, it matters that Trump was not a candidate, but it also matters that the right’s most lawless members have been prosecuted, sued and sanctioned.The consequences for Jan. 6 and the Stop the Steal movement are not exclusively legal. The midterm elections also represented a profound setback for the extreme MAGA right. According to an NBC News report, election-denying candidates “overwhelmingly lost” their races in swing states. It’s hard to avoid the conclusion that the relentless legal efforts also had a political payoff.And to be clear, this accountability has not come exclusively through the left — though the Biden administration and the Garland Justice Department deserve immense credit for their responses to Trump’s insurrection, which have been firm without overreaching. Multiple Republicans joined with Democrats to pass Electoral Count Act reform. Both conservative and liberal justices rejected the independent state legislature doctrine. Conservative and liberal judges, including multiple Trump appointees, likewise rejected Trump’s election challenges. Republican governors and other Republican elected officials in Arizona and Georgia withstood immense pressure from within their own party to uphold Joe Biden’s election win.American legal institutions have passed the Jan. 6 test so far, but the tests aren’t over. Trump is already attempting to substantially delay the trial on his federal indictment in the Mar-a-Lago case, and if a second federal indictment arrives soon, he’ll almost certainly attempt to delay it as well. Trump does not want to face a jury, and if he delays his trials long enough, he can run for president free of any felony convictions. And what if he wins?Simply put, the American people can override the rule of law. If they elect Trump in spite of his indictments, they will empower him to end his own federal criminal prosecutions and render state prosecutions a practical impossibility. They will empower him to pardon his allies. The American voters will break through the legal firewall that preserves our democracy from insurrection and rebellion.We can’t ask for too much from any legal system. A code of laws is ultimately no substitute for moral norms. Our constitutional republic cannot last indefinitely in the face of misinformation, conspiracy and violence. It can remove the worst actors from positions of power and influence. But it cannot ultimately save us from ourselves. American legal institutions have responded to a historical crisis, but all its victories could still be temporary. Our nation can choose the law, or it can choose Trump. It cannot choose both. More

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      Should No Labels Run a Presidential Candidate?

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      More from our inbox:Oppenheimer’s Lessons on Politics and ScienceDisease Outbreaks in Animal IndustriesCans on the Newlyweds’ Car Jacquelyn Martin/Associated PressTo the Editor:Re “With Centrist Platform, No Labels Pushes Cause and Latent Third-Party Bid” (news article, July 16):Although I would love to see our two-party system evolve and I think less acrimony is essential to moving forward, I have two basic problems with the No Labels party idea.First, the U.S. system simply doesn’t support the creation of viable alternate parties. Until the barriers in place are removed, all third parties can do is play spoiler.Second, I firmly believe that our first priority should be defending our democratic foundation. For the first time in U.S. history, we have one party actively and unashamedly undermining the rule of law and democracy itself. We need to defend and shore up our democracy first. Then it will be a great time to change the rules so we don’t have this seemingly black or white constraint for our choice of candidate.Since Harlan Crow, the Texas billionaire who gives generous gifts to Justice Clarence Thomas, is a contributor to No Labels, I am suspicious of the rest of the donors whom we don’t know about.I see this movement as a political effort designed to prey on the public’s good faith, good intentions and frustration with the chaos caused by anti-democracy forces in the U.S.The way forward is to stick together for democracy — not splinter.Deb GarriesCalgary, AlbertaThe writer is an American citizen.To the Editor:The article mentions the possibility of the No Labels movement in the U.S. seeking to be listed on state ballots as a political party. This is no easy job. Of the two largest American minor political parties, Libertarians and Greens, only the Libertarians have been getting their candidates on the ballot in all 50 states.Each state has its own often complex rules and requirements to be listed on its ballots. Any group such as No Labels could also face legal challenges by one or both of the major parties. Such an effort to gain ballot access for a new party typically requires years of work and much money.No Labels could cause problems in battleground states for President Biden’s re-election bid, but No Labels’ major battle would be just trying to get on state ballots.Dan DonovanBrooklynTo the Editor:The third-party scam must have the Trump wing of the G.O.P. chuckling with glee. Currently, only a Republican or Democrat can win the presidency, and that’s not going to change in a year and a half. Donald Trump’s followers will not be moved by persuasion or facts, so he will be a nominee.This week you reported on Mr. Trump’s intent to concentrate power in the executive branch, weakening the courts and Congress. He plans the end of the republic as we know it. Yet his followers will vote for him.The Republicans’ path to power is a continual drumbeat of “President Biden’s too old, we need fresh blood,” etc., shifting attention away from Mr. Biden’s effectiveness. The strategy: Persuade Democratic voters that they are too “sophisticated” (No Labels) to accept the binary choice, and should go for a Manchin, a Kennedy.In 2000, Ralph Nader voters helped elect George W. Bush, who attacked Iraq and ballooned the national debt. Many “Bernie Bros” in 2016 refused to vote for Hillary Clinton, helping clear the way for Mr. Trump.Thanks for nothing.This search for political purity, or just novelty, could ironically result in the beginning of American dictatorship next year. It is unrealistic to think that third-party votes will lead anywhere else.Howard SchmittGreen Tree, Pa.To the Editor:I’d like to propose an alternative way to refer to No Labels. It should be called what it is: Republicans Only Not in Name (RONIN). Not only is that resonant with the term RINO (Republicans in Name Only), which is used by many Republicans to refer to other Republicans they disapprove of. It’s also consistent with the Japanese term “ronin,” a kind of loose cannon in the feudal social structure.Ron GroveFlagstaff, Ariz.Oppenheimer’s Lessons on Politics and ScienceJ. Robert Oppenheimer in an undated photo.Associated PressTo the Editor:Re “‘Oppenheimer’ Shows the Danger of Politicizing Science,” by Kai Bird (Opinion guest essay, July 18):Mr. Bird’s excellent essay about J. Robert Oppenheimer illustrates all too well the dangers to our democracy in allowing political rhetoric and policies to alter scientific facts and theories.Such lessons do not belong only to the McCarthy era. The politicization of the Covid vaccine and the far right’s attack on Dr. Anthony Fauci are recent history. And indeed, as we speak, Republican strategists are planning increased executive and presidential political control over scientific and other now independent agencies.Let’s not let the lessons of Oppenheimer be lost. They are as relevant now as they were in the McCarthy era.Ken GoldmanBeverly Hills, Calif.To the Editor:Whether it’s harsh truths about atomic power or the merits of vaccines against Covid-19, influenza and childhood illnesses, it’s science — regularly, honestly and clearly explained — that is sanity’s ultimate home-field advantage.Peter J. PittsNew YorkThe writer, a former F.D.A. associate commissioner, is president of the Center for Medicine in the Public Interest and a visiting professor at the University of Paris School of Medicine.Disease Outbreaks in Animal IndustriesThe United States produces 10 billion animals for food every year, including more pigs and poultry, which can harbor and transmit influenza, than nearly any other country.Gerry Broome/Associated PressTo the Editor:Re “Risk Seen in U.S. Animal Industries” (Science Times, July 11), about the risk of infectious disease outbreaks:This article is illuminating, but one element of the crisis is missing: the degree to which animals suffer in these appalling situations.Consider the complete lack of hygiene to which animals confined in farming operations and live animal markets are subjected without relief until they die, either at the hands of slaughterers or from chronic stress and disease.I doubt that much will be done to control the animal industries identified in the article until more people speak out against what these animals are forced to endure.The cruelty and contamination are linked. We might stretch our imaginations to make this connection and act on it.Karen DavisMachipongo, Va.The writer is the president of United Poultry Concerns, a nonprofit that promotes the respectful treatment of domesticated birds.Cans on the Newlyweds’ CarTo the Editor:Re “Where Those Cans Behind the Car Came From” (Traditions, Sunday Styles, July 16):When my wife, Laurie, and I were married, my brothers affixed a “Just Married” sign and a bouquet of cans to the bumper of my Jeep Cherokee.On our way to the airport that evening, we were pulled over by the Suffield, Conn., police. We weren’t speeding, and there was no one else on the road. Perhaps the officer wanted to congratulate the newlyweds?No; apparently a can had come loose from the vehicle. We were issued a warning — and informed that a ticket would have cost us $82 (more than $200 today) — for “operating with an unsecure load.”Despite that inauspicious start, my wife and I will celebrate our 34th anniversary in November.David CecchiAgawam, Mass. More

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      Biden Attacks Trump and MAGA but Avoids Indictment Talk

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      The president has taken swipes at Republicans, including a video playfully featuring Marjorie Taylor Greene as a narrator, but he and his allies are avoiding one target: his predecessor’s legal woes.For months, President Biden has appeared to delight in needling Donald J. Trump and his Republican allies, trying at every turn to make MAGA and ultra-MAGA a shorthand for the entire party.This week, Mr. Biden cheekily highlighted a video in which Representative Marjorie Taylor Greene of Georgia derisively ticks through his first-term accomplishments and likens him — not positively — to Franklin Delano Roosevelt. “I approve this message,” the president commented on the video, which was viewed more than 43 million times in 24 hours.Mr. Biden recently did a victory lap when Senator Tommy Tuberville of Alabama promoted local spending in the bipartisan infrastructure bill, which Mr. Tuberville had voted against.And his campaign took a shot at Mr. Trump for not visiting Wisconsin during his current presidential bid, accusing him of a “failure to deliver on his promised American manufacturing boom.”But when it comes to the topic dominating the presidential race this week, Mr. Biden and his top allies are treating Mr. Trump’s legal troubles like Voldemort — avoiding, at all costs, any mention of the indictments that must not be named.This moment comes after weeks of polling, both public and private, that suggests Mr. Trump, who is comfortably the front-runner in the Republican primary race, would be a weaker general-election opponent next year than Gov. Ron DeSantis of Florida or other G.O.P. candidates.The White House and the Biden campaign have not sent explicit instructions to surrogates and supporters telling them to steer clear of Mr. Trump’s legal issues, but plenty of those on Team Biden have gotten the message loud and clear: Don’t talk about the Trump indictments.“The American people want the judicial process to play out without interference from politicians,” said Representative Ro Khanna of California, a member of the Biden campaign’s national advisory board. “President Biden has his pulse on the sentiments of the American public by talking about what matters to them.”Mr. Biden has said he won’t comment on investigations into and charges against Mr. Trump — a reflection of his clear desire not to be seen as intruding on Justice Department independence, as well as the political imperative of deflecting Republicans’ relentless, evidence-free accusations that he is the hidden hand behind the prosecutions.The Biden campaign and the Democratic National Committee have repeatedly declined to comment or answer questions about Mr. Trump’s indictments. The White House press secretary, Karine Jean-Pierre, has dodged numerous questions about Mr. Trump’s legal travails in recent weeks.“I’m just not going to respond to any hypotheticals that’s currently, you know, out there in the world,” Ms. Jean-Pierre said Tuesday after Mr. Trump revealed he had received a so-called target letter from federal investigators, a sign that he could soon be indicted in the investigation into the events that culminated in the Capitol riot. “Just not going to comment from here.”The Biden world’s approach to Mr. Trump’s indictments echoes how Democrats handled Mr. Trump, then the president, during the 2018 midterm elections.Scores of resistance-fueled Democrats ran for and won House seats by focusing on health care policy without placing Mr. Trump at the center of their campaigns. They didn’t have to talk Trump then, the thinking went, because voters had already made up their minds about him.“He is omnipresent and the voters who are motivated to vote against him and his party already know what they need to know,” said Meredith Kelly, a strategist who worked for the House Democrats’ campaign arm in 2018. “This allowed congressional candidates to talk about real kitchen-table issues impacting families and continues to be the case this cycle as he looms large over the battlefield in 2024.”There’s also little question that polling shows Mr. Biden is stronger against Mr. Trump than Mr. DeSantis or others, giving the president little incentive to do anything to hurt Mr. Trump’s standing among Republican primary voters.A Michigan poll conducted last week by a Republican-leaning polling firm found Mr. Biden up by a percentage point against Mr. Trump but down by two to Mr. DeSantis. The same firm’s poll of Nevada showed Mr. Biden up by four against Mr. Trump and trailing Mr. DeSantis by two. And in Wisconsin, a poll last month from Marquette University Law School found Mr. Biden with a nine-point lead over Mr. Trump but a two-point lead over Mr. DeSantis.According to the Marquette pollster, Charles Franklin, both Mr. Trump and Mr. DeSantis hold support from hard-core Republicans in a matchup against Mr. Biden, but among Republican-leaning independents, Mr. Trump’s support drops while Mr. DeSantis’s does not.The public polling aligns with the White House’s own polling of battleground states.One person who is more than happy to amplify discussions about the investigations and indictments is Mr. Trump himself. It was the former president, of course, who revealed that he had received the target letter.“Crooked Joe Biden has weaponized the Justice Department to go after his top political opponent, President Trump, who is the overwhelming front-runner to take back the White House,” said Steven Cheung, Mr. Trump’s campaign spokesman. “Biden wants to meddle in the election because he knows he stands no chance against President Trump.”Mr. Biden’s campaign on Wednesday referred to Representative Marjorie Taylor Greene as an “unintentional campaign” spokeswoman.Saul Martinez for The New York TimesThe Biden campaign’s video of Ms. Greene served to tweak and elevate one of Mr. Trump’s staunchest far-right supporters and promote Mr. Biden’s own record without getting into the legal cases against Mr. Trump. Polling conducted for the White House last year found that Ms. Greene was known and disliked by a large portion of voters and that independent voters associated her with Mr. Trump’s MAGA movement.Mr. Biden’s campaign referred to her on Wednesday as an “unintentional campaign” spokeswoman.“Joe Biden had the largest public investment in social infrastructure and environmental programs that is actually finishing what F.D.R. started, that L.B.J. expanded on, and Joe Biden is attempting to complete,” Ms. Greene said at the Turning Point Action conference over the weekend, in the video clipped by the Biden campaign.The result is a crisp 35-second video, distributed on Mr. Biden’s Twitter feed with the introduction, “I approve this message.”The clip was similar to the moment last month when Mr. Biden highlighted unusual and unexpected support from another Trump-centric Republican, Senator Tuberville, who praised spending in Alabama from the infrastructure law, which Mr. Biden signed and the senator had voted against.In that instance, Mr. Biden played up Mr. Tuberville’s support during a Chicago speech, theatrically drawing the sign of the cross on his chest as if the senator had undergone a political conversion.The president has previously sought to draw attention to Ms. Greene, who is already a leading social media and fund-raising star in the Republican Party. During a speech this month in South Carolina, he said that he would soon make a visit to her northwest Georgia district to celebrate the beginning of construction of a solar power manufacturing plant there.The crowd laughed. Mr. Biden has not yet scheduled a trip to the groundbreaking. More

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      Are We Doomed to Witness the Trump-Biden Rematch Nobody Wants?

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      Have you met anyone truly excited about Joe Biden running for re-election? And by that, I mean downright Obama-circa-2008 energized — brimming with enthusiasm about what four more years of Biden would bring to our body politic, our economy, our national mood, our culture?Let’s be more realistic. Is there a single one among us who can muster even a quiet “Yay!”? And no, we’re not counting the guy who sounds like he’s performing elaborate mental dance moves to persuade himself nor anyone who is paid to say so. According to a recent report in The Times, Biden’s fund-raising thus far doesn’t exactly reveal a groundswell of grass roots excitement.Instead, most Democrats seem to view what looks like an inexorable rematch between Biden and Donald Trump with a sense of impending doom. My personal metaphor comes from Lars von Trier’s film “Melancholia,” in which a rogue planet makes its way through space toward an inevitable collision with Earth. In that film, the looming disaster symbolized the all-encompassing nature of depression; here, the feel is more dispiritedness and terror, as if we’re barreling toward either certain catastrophe or possibly-not-a-catastrophe. Or it’s barreling toward us.A Biden-Trump rematch would mean a choice between two candidates who, for very different reasons, don’t seem 100 percent there or necessarily likely to be there — physically, mentally and/or not in prison — for the duration of another four-year term.To take, momentarily, a slightly more optimistic view, here is the best case for Biden: His presidency has thus far meant a re-establishment of norms, a return to government function and the restoration of long-held international alliances. He has presided over a slow-churning economy that has turned roughly in his favor. He’s been decent.But really, wasn’t the bar for all these things set abysmally low during the Trump administration (if we can even use that word given its relentless mismanagement)? We continue to have a deeply divided Congress and electorate, a good chunk of which is still maniacally in Trump’s corner. American faith in institutions continues to erode, not helped by Biden’s mutter about the Supreme Court’s most recent term, “This is not a normal court.” The 2020 protests led to few meaningfully changed policies favoring the poor or disempowered.A Biden-Trump rematch feels like a concession, as if we couldn’t do any better or have given up trying. It wasn’t as though there was huge passion for Biden the first time around. The 2020 election should have been much more of a blowout victory for Democrats. Yet compared with his election in 2016, Trump in 2020 made inroads with nearly every major demographic group, including Blacks, Latinos and women, except for white men. The sentiment most Democrats seemed to muster in Biden’s favor while he was running was that he was inoffensive. The animating sentiment once he scraped by into office was relief.This time, we don’t even have the luxury of relief. In the two other branches of government, Democrats have been shown the perils of holding people in positions of power for too long — Ruth Bader Ginsburg in the judiciary and Dianne Feinstein in the legislature. Democrats and the media seem to have become more vocal in pointing out the hazards of Biden’s advancing age. In an April poll, of the 70 percent of Americans who said Biden shouldn’t run again, 69 percent said it’s because of his old age.That old age is showing. Never an incantatory speaker or a sparkling wit, Biden seems to have altogether thrown in the oratorical towel. Several weeks ago, he appeared to actually wander off a set on MSNBC after figuratively wandering through 20 minutes of the host Nicolle Wallace’s gentle questions. In another recent interview, with Fareed Zakaria, when asked specific questions about U.S.-China policy, Biden waded into a muddle of vague bromides and personal anecdotes about his travels as vice president with China’s leader, Xi Jinping. When asked point blank whether it’s time for him to step aside, Biden said, almost tangentially, “I just want to finish the job.”But what if he can’t? Kamala Harris, briefly a promising figure during the previous primary season, has proved lackluster at best in office. Like Biden, she seems at perpetual war with words, grasping to articulate whatever loose thought might be struggling to get out. The thought of her in the Oval Office is far from encouraging.One clear sign of America’s deepening hopelessness is the weird welcoming of loony-tune candidates like Robert Kennedy Jr., who has polled as high as a disturbing 20 percent among Democratic voters. Among never-Trumpian Republicans, there is an unseemly enthusiasm for bridge troll Chris Christie, despite his early capitulation to Trump, for the sole reason that among Republican primary candidates, he’s the one who most vociferously denounces his former leader. And a Washington nonprofit, No Labels, is gearing up for a third-party run with a platform that threatens to leach support from a Democratic candidate who is saddled with a favorable rating of a limp 41 percent.Trump, of course, remains the formidable threat underlying our malaise. Though he blundered into office in 2016 without a whit of past experience or the faintest clue about the future, this time he and his team of madmen are far better equipped to inflict their agenda. As a recent editorial in The Economist put it, “a professional corps of America First populists are dedicating themselves to ensuring that Trump Two will be disciplined and focused on getting things done.” The idea that Trump — and worse, a competent Trump — might win a second term makes our passive embrace of Biden even more nerve-racking. Will we look back and have only ourselves to blame?It is hard to imagine Democrats, or most Americans, eager to relive any aspect of the annus horribilis that was 2020. Yet it’s as if we’re collectively paralyzed, less complacent than utterly bewildered, waiting for “something” to happen — say, a health crisis or an arrest or a supernatural event — before 2024. While we wait, we lurch ever closer to something of a historical re-enactment, our actual history hanging perilously in the balance.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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      Chris Sununu Won’t Run for Re-Election as Governor of New Hampshire

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      The decision by Mr. Sununu, a moderate Republican, sets up a competitive race next year to lead a battleground state, and Democrats will be eager to take advantage.Gov. Chris Sununu of New Hampshire, a Republican, said on Wednesday that he would not run for re-election in 2024, opening up a seat in a battleground state that Democrats will be eager to take.Mr. Sununu made the announcement in an email to supporters.“This was no easy decision as I truly love serving as governor,” he wrote. “Public service should never be a career, and the time is right for another Republican to lead our great state.”Almost immediately, Chuck Morse, a Republican who served as president of the New Hampshire Senate and lost a primary for U.S. Senate last year, announced that he would run for the Republican nomination to fill the seat — praising Mr. Sununu’s economic policies and saying he was running “to build on those successes.” Another Republican, former Senator Kelly Ayotte, also hinted that she might jump into the race.Two Democrats — Cinde Warmington, a member of the New Hampshire Executive Council, and Joyce Craig, the mayor of Manchester — had already begun campaigns before Mr. Sununu bowed out.The vacancy will be a big opportunity for the Democratic Party, which has won the last five presidential elections in New Hampshire and holds both of the state’s Senate seats.Like some other Northeastern states, New Hampshire has often voted for Republicans for state offices despite leaning blue in national elections. But Democrats flipped two such governorships last year — in Maryland and Massachusetts — after popular, moderate Republicans in the same mold as Mr. Sununu retired.“No matter which MAGA candidate becomes the nominee, the D.G.A. is eager to hold them accountable to flip this seat and elect a new Democratic governor who will at long last fix the biggest issues impacting working families,” the Democratic Governors Association said in a statement.Mr. Sununu, 48, is serving his fourth two-year term as governor, having been re-elected last year by more than 15 percentage points. He recently decided against two opportunities to run for higher office: He declined to run in last year’s Senate race, and for president in 2024. His next steps are unclear. More