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    The Idea That Letting Trump Walk Will Heal America Is Ridiculous

    The main argument against prosecuting Donald Trump — or investigating him with an eye toward criminal prosecution — is that it will worsen an already volatile fracture in American society between Republicans and Democrats. If, before an indictment, we could contain the forces of political chaos and social dissolution, the argument goes, then in the aftermath of such a move, we would be at their mercy. American democracy might not survive the stress.All of this might sound persuasive to a certain, risk-averse cast of mind. But it rests on two assumptions that can’t support the weight that’s been put on them.The first is the idea that American politics has, with Trump’s departure from the White House, returned to a kind of normalcy. Under this view, a prosecution would be an extreme and irrevocable blow to social peace. But the absence of open conflict is not the same as peace. Voters may have put a relic of the 1990s into the Oval Office, but the status quo of American politics is far from where it was before Trump.The most important of our new realities is the fact that much of the Republican Party has turned itself against electoral democracy. The Republican nominee for governor in Arizona — Kari Lake — is a 2020 presidential election denier. So, too, are the Republican nominees in Arizona for secretary of state, state attorney general and U.S. Senate. In Pennsylvania, Republican voters overwhelmingly chose the pro-insurrection Doug Mastriano to lead their party’s ticket in November. Overall, Republican voters have nominated election deniers in dozens of races across six swing states, including candidates for top offices in Georgia, Nevada and Wisconsin.There is also something to learn from the much-obsessed-over fate of Liz Cheney, the arch-conservative representative from Wyoming, who lost her place on the Republican ticket on account of her opposition to the movement to “stop the steal” and her leadership on the House Jan. 6 committee investigating Trump’s attempt to overturn the presidential election to keep himself in office. Cheney is, on every other issue of substance, with the right wing of the Republican Party. But she opposed the insurrection and accepted the results of the 2020 presidential election. It was, for Wyoming voters, a bridge too far.All of this is to say that we are already in a place where a substantial portion of the country (although much less than half) has aligned itself against the basic principles of American democracy in favor of Trump. And these 2020 deniers aren’t sitting still, either; as these election results show, they are actively working to undermine democracy for the next time Trump is on the ballot.This fact, alone, makes a mockery of the idea that the ultimate remedy for Trump is to beat him at the ballot box a second time, as if the same supporters who rejected the last election will change course in the face of another defeat. It also makes clear the other weight-bearing problem with the argument against holding Trump accountable, which is that it treats inaction as an apolitical and stability-enhancing move — something that preserves the status quo as opposed to action, which upends it.But that’s not true. Inaction is as much a political choice as action is, and far from preserving the status quo — or securing some level of social peace — it sets in stone a new world of total impunity for any sufficiently popular politician or member of the political elite.Now, it is true that political elites in this country are already immune to most meaningful consequences for corruption and lawbreaking. But showing forbearance and magnanimity toward Trump and his allies would take a difficult problem and make it irreparable. If a president can get away with an attempted coup (as well as abscond with classified documents), then there’s nothing he can’t do. He is, for all intents and purposes, above the law.Among skeptics of prosecution, there appears to be a belief that restraint would create a stable equilibrium between the two parties; that if Democrats decline to pursue Trump, then Republicans will return the favor when they win office again. But this is foolish to the point of delusion. We don’t even have to look to the recent history of Republican politicians using the tools of office to investigate their political opponents. We only have to look to the consequences of giving Trump (or any of his would-be successors) a grant of nearly unaccountable power. Why would he restrain himself in 2025 or beyond? Why wouldn’t he and his allies use the tools of state to target the opposition?The arguments against prosecuting Trump don’t just ignore or discount the current state of the Republican Party and the actually existing status quo in the United States, they also ignore the crucial fact that this country has experience with exactly this kind of surrender in the face of political criminality.National politics in the 1870s was consumed with the question of how much to respond to vigilante lawlessness, discrimination and political violence in the postwar South. Northern opponents of federal and congressional intervention made familiar arguments.If Republicans, The New York Times argued in 1874, “set aside the necessity of direct authority from the Constitution” to pursue their aims in the South and elsewhere, could they then “expect the Democrats, if they should gain the power, to let the Constitution prevent them from helping their ancient and present friends?”The better approach, The Times said in an earlier editorial, was to let time do its work. “The law has clothed the colored man with all the attributes of citizenship. It has secured him equality before the law, and invested him with the ballot.” But here, wrote the editors, “the province of law will end. All else must be left to the operation of causes more potent than law, and wholly beyond its reach.” His old oppressors in the South, they added, “rest their only hope of party success upon their ability to obtain his goodwill.”To act affirmatively would create unrest. Instead, the country should let politics and time do their work. The problems would resolve themselves, and Americans would enjoy a measure of social peace as a result.Of course, that is not what happened. In the face of lawlessness, inaction led to impunity, and impunity led to a successful movement to turn back the clock on progress as far as possible, by any means possible.Our experience, as Americans, tells us that there is a clear point at which we must act in the face of corruption, lawlessness and contempt for the very foundations of democratic society. The only way out is through. Fear of what Trump and his supports might do cannot and should not stand in the way of what we must do to secure the Constitution from all its enemies, foreign and domestic.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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    An Unusual $1.6 Billion Donation Bolsters Conservatives

    WASHINGTON — A new conservative nonprofit group scored a $1.6 billion windfall last year via a little-known donor — an extraordinary sum that could give Republicans and their causes a huge financial boost ahead of the midterms, and for years to come.The source of the money was Barre Seid, an electronics manufacturing mogul, and the donation is among the largest — if not the largest — single contributions ever made to a politically focused nonprofit. The beneficiary is a new political group controlled by Leonard A. Leo, an activist who has used his connections to Republican donors and politicians to help engineer the conservative dominance of the Supreme Court and to finance battles over abortion rights, voting rules and climate change policy.This windfall will help cement Mr. Leo’s status as a kingmaker in conservative big money politics. It could also give conservatives an advantage in a type of difficult-to-trace spending that shapes elections and political fights.The cash infusion was arranged through an unusual series of transactions that appear to have avoided tax liabilities. It originated with Mr. Seid, a longtime conservative donor who made a fortune as the chairman and chief executive of an electrical device manufacturing company in Chicago now known as Tripp Lite.Rather than merely giving cash, Mr. Seid donated 100 percent of the shares of Tripp Lite to Mr. Leo’s nonprofit group before the company was sold to an Irish conglomerate for $1.65 billion, according to tax records provided to The New York Times, corporate filings and a person with knowledge of the matter.The nonprofit, called the Marble Freedom Trust, then received all of the proceeds from the sale, in a transaction that appears to have been structured to allow the nonprofit group and Mr. Seid to avoid paying taxes on the proceeds.For perspective, the $1.6 billion that the Marble trust reaped from the sale is slightly more than the total of $1.5 billion spent in 2020 by 15 of the most politically active nonprofit organizations that generally align with Democrats, according to an analysis by The Times. That spending, which Democrats embraced to aid the campaigns of Joseph R. Biden Jr. and his allies in Congress, dwarfed the roughly $900 million spent by a comparable sample of 15 of the most politically active groups aligned with the Republican Party.The Marble Freedom Trust could help conservatives level the playing field — if not surpass the left — in such nonprofit spending, which is commonly referred to as dark money because the groups involved can raise and spend unlimited sums on politics while revealing little about where they got the money or how they spent it.In a statement, Mr. Leo cited some of the left’s biggest donors and an advisory firm that helps manage the nonprofit groups they fund.“It’s high time for the conservative movement to be among the ranks of George Soros, Hansjörg Wyss, Arabella Advisors and other left-wing philanthropists, going toe-to-toe in the fight to defend our constitution and its ideals,” Mr. Leo said. Mr. Seid and an associate did not respond to messages seeking comment.More Coverage of the 2022 Midterm ElectionsChallenging DeSantis: Florida Democrats would love to defeat Gov. Ron DeSantis in November. But first they must nominate a candidate who can win in a state where they seem to perpetually fall short.Uniting Around Mastriano: Doug Mastriano, the far-right G.O.P. nominee for Pennsylvania governor, has managed to win over party officials who feared he would squander a winnable race.O’Rourke’s Widening Campaign: Locked in an unexpectedly close race against Gov. Greg Abbott, Beto O’Rourke, the Democratic candidate, has ventured into deeply conservative corners of rural Texas in search of votes.The ‘Impeachment 10’: After Liz Cheney’s primary defeat in Wyoming, only two of the 10 House Republicans who voted to impeach Mr. Trump remain.The Marble Freedom Trust’s formation in May 2020, the donation of Tripp Lite shares by Mr. Seid, and Mr. Leo’s role have not been previously reported.The funds are difficult to trace through public records. Tripp Lite is a private company that is not subject to corporate disclosure rules for public companies. On its tax filing, Marble indicated that the $1.6 billion came from the “sale of gifted company and subsidiaries,” but indicated that it withheld identifying information “to protect donor confidentiality.”And Eaton, the publicly traded Irish company that bought Tripp Lite, does not refer to Marble in statements related to the sale.The person with knowledge of the matter said that the Tripp Lite shares were donated to Marble months before the deal with Eaton was announced in January 2021. The sale was completed in March 2021.Katy Brasser, a spokeswoman for Eaton, said in a statement, “We have no additional information to share regarding the acquisition that was announced last year.”Ray D. Madoff, a professor of tax law at Boston College who is the director of the school’s Forum on Philanthropy and the Public Good, said the structure of the transaction was most likely legal but did appear to allow a donor to avoid federal tax obligations from the sale of the company.Here is how it works: Marble Freedom Trust is registered under a section of the tax code — 501(c)4 — for organizations that focus primarily on what the Internal Revenue Service calls “social welfare” and as a result are exempt from paying taxes. Such groups are allowed to engage in political advocacy, but their supporters are not entitled to deduct donations from their income taxes. Supporters can, however, donate assets that a nonprofit can sell and avoid capital gains taxes on the sale. More

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    How a Storied Phrase Became a Partisan Battleground

    A touchstone of political and social discourse, the nearly 100-year-old phrase “the American dream,” is being repurposed — critics say distorted — particularly by Republicans of color.Juan Ciscomani, a Republican who washed cars to help his Mexican immigrant father pay the bills and is now running for Congress in Arizona, has been leaning on a simple three-word phrase throughout his campaign — “the American dream.”To him, the American dream, a nearly 100-year-old idea weighted with meaning and memory, has become something not so much to aspire to but to defend from attack.President Biden and House Speaker Nancy Pelosi are, he says in one ad, “destroying the American dream” with “a border crisis, soaring inflation and schools that don’t teach the good things about America.”For decades, politicians have used the phrase “the American dream” to describe a promise of economic opportunity and upward mobility, of prosperity through hard work. It has been a promise so powerful that it drew immigrants from around the world, who went on to fulfill it generation after generation. Political figures in both parties employed the phrase to promote both their own policies and their own biographies.Now, a new crop of Republican candidates and elected officials are using the phrase in a different way, invoking the same promise but arguing in speeches, ads and mailings that the American dream is dying or in danger, threatened by what they see as rampant crime, unchecked illegal immigration, burdensome government regulations and liberal social policies. Many of these Republicans are people of color — including immigrants and the children of immigrants, for whom the phrase first popularized in 1931 has a deep resonance.To politicians of old, “the American dream” was a supremely optimistic rhetorical device, albeit one that often obscured the economic and racial barriers that made achieving it impossible for many. To the Republican candidates embracing it today, the phrase has taken on an ominous and more pessimistic tone, echoing the party’s leader, former President Donald J. Trump, who said in 2015 that “the American dream is dead.” In the same way that many Trump supporters have tried to turn the American flag into an emblem of the right, so too have these Republicans sought to claim the phrase as their own, repurposing it as a spinoff of the Make America Great Again slogan.A crowd at the Turning Point USA Student Action Summit in Tampa, Fla., waited for former President Donald J. Trump to speak.Todd Anderson for The New York TimesPoliticians have long warned that the American dream was slipping away, a note struck from time to time by former President Barack Obama, former President Bill Clinton and other Democrats. What has changed is that some Republicans now cast the situation more starkly, using the dream-is-in-danger rhetoric as a widespread line of attack, arguing that Democrats have turned patriotism itself into something contentious.“Both parties used to celebrate the fact that America is an exceptional country — now you only have one that celebrates that fact,” said Jason Miyares, a Republican and the child of Cuban immigrants. The American dream was a part of his successful campaign to become Virginia’s first Latino attorney general.In Texas, Representative Mayra Flores, a Mexican immigrant who became the state’s first Latina Republican in Congress, ran an ad that declared, “Democrats are destroying the American dream.” Antonio Swad, an Italian-Lebanese immigrant running for a House seat in the Dallas suburbs, said in an ad that he washed dishes at the age of 15 before opening two restaurants, telling voters the American dream does not “come from a government handout.”More Coverage of the 2022 Midterm ElectionsLiz Cheney’s Lopsided Loss: The Republican congresswoman’s defeat in Wyoming exposed the degree to which former President Donald J. Trump still controls the party’s present — and its near future.2024 Hint: Hours after her loss, Ms. Cheney acknowledged that she was “thinking” about a White House bid. But her mission to thwart Donald J. Trump presents challenges.The ‘Impeachment 10’: With Ms. Cheney’s defeat, only two of the 10 House Republicans who voted to impeach Mr. Trump remain.Alaska Races: Senator Lisa Murkowski and Sarah Palin appeared to be on divergent paths following contests that offered a glimpse at the state’s independent streak.Television ads for more than a dozen Republican candidates in statewide, House and Senate campaigns — more than half of whom are people of color — cite the phrase, according to AdImpact, the ad-tracking firm. Several other House hopefuls, many of them Latinas, frequently cite the words in social media posts, digital ads, campaign literature and speeches.“In Congress, I will fight to defend the American dream,” said Yesli Vega, a former police officer who is the daughter of civil-war refugees from El Salvador and who is running for a House seat in Virginia, posted on Twitter.“The American dream” was a marquee theme in two winning Republican campaigns in Virginia last year: the races by Winsome Earle-Sears, a Jamaica-born Marine veteran who is now the first woman of color to serve as the state’s lieutenant governor, and Mr. Miyares, the attorney general.“On the campaign trail, I used to say, if your family came to this country seeking hope there is a good chance that your family is a lot like my family, and it would be the biggest honor of my life to be your attorney general,” said Mr. Miyares.Attorney General Jason Miyares of Virginia during the inaugural celebration in January.Steve Helber/Associated PressThe Republicans relying on the phrase show the extent to which the party is diversifying its ranks and recruiting candidates with powerful come-from-behind stories. But historians and other scholars warn that some Republicans are distorting a defining American idea and turning it into an exclusionary political message.“The Republican Party is using it as a dog whistle,” said Christina Greer, an associate professor of political science at Fordham University. “They are saying here is the potential of what you can have, if we can exclude others from ‘stealing it’ from you.”Republicans dispute that their references to “the American dream” promote exclusion and say they are using the phrase the same way politicians have used it for decades — to signal hope and opportunity. “I think the left is far more pessimistic than Republicans are about the American dream,” said Representative Yvette Herrell, a New Mexico Republican who is Cherokee and the third Native American woman ever elected to Congress.But this latest iteration of the dream has become a rhetorical catchall for Republicans’ policy positions.Barbara Kirkmeyer, a Republican state lawmaker in Colorado running in a heated House race, embraces the American dream as the theme of her personal story. Ms. Kirkmeyer grew up on a dairy farm, the sixth of seven children in a family that often struggled. She paid her way through college by raising and selling a herd of eight milk cows, yearlings and heifer calves.The American dream, Ms. Kirkmeyer said, was not only about economic opportunity but freedom, connecting the words with Republican opposition to Covid-related mask mandates. “I don’t see the mandates as part of the American dream,” she said. “People felt that was an infringement on their rights and personal dreams.”The earliest mention in print of the words “American dream” appears to have been in a 1930 ad for a $13.50 marked-down bed spring from an American mattress company.Historians and economists, however, credit the writer James Truslow Adams with popularizing the phrase in his best seller published a year later in 1931, “The Epic of America.” His Depression-era definition was a “dream of a land in which life should be better and richer and fuller for everyone.” To Mr. Adams, it was part of a liberal vision in which government was seen as a force to fight big business. His symbol of the American dream at the time was the Library of Congress.For decades, politicians have used the phrase the American dream to describe a promise of economic opportunity and upward mobility, of prosperity through hard work. Bettman, via Getty ImagesFor later generations, Mr. Adams’ phrase came to be defined by an image — a house with a white picket fence — as presidents, companies and popular culture pushed homeownership. But with the chances of owning a home diminishing after the 2008 economic crash, Democrats and Republicans once more sought to redefine it. Now, much of the phrase’s progressive history has been lost, as Republicans argue that big government is the enemy.“That has been the real shift,” said Sarah Churchwell, the author of a 2018 book, “Behold, America: The Entangled History of ‘America First’ and ‘the American Dream.’”The roots of this more conservative vision of the American dream can be traced to Ronald Reagan, who often invoked the phrase and also used it in his appeals to Latino voters, extolling family, religion and an opposition to government handouts. It was a strategy later followed by George W. Bush.“It married conservative values with economic opportunity: ‘We recognize you for your contribution to America and we will give you the opportunity to get ahead if you are willing to do the work,’” said Lionel Sosa, a retired media consultant in San Antonio who is a Republican and who created ads for Mr. Reagan and Mr. Bush.Republicans still use the American dream in the way Mr. Reagan and Mr. Bush did, underscoring a strong work ethic, Christian values and entrepreneurialism. But many Hispanic Republicans now add a harder edge — stressing that they came to the country legally, decrying “open borders” and calling for the completion of the U.S.-Mexico border wall.“In all the time we worked on it, we didn’t say anything having to do with building a wall,” Mr. Sosa said of the past messaging aimed at Hispanic Republicans. “There was no message that you have to be here legally or that if you are not here legally, we don’t want you here.”The politicization of the phrase comes as studies show the American public has become more pessimistic about achieving the American dream. Historians say that in recent years Republicans have been using the phrase far more frequently than Democrats in ads and speeches. While more than a dozen Republican candidates across the country cite the phrase in their TV ads this midterm season, only four Democrats have done so, according to AdImpact.One of the Democratic candidates who has relied on the theme in his ads is Shri Thanedar, an Indian American state lawmaker in Michigan and the Democratic nominee for a House seat. “We have ceded that ground to Republicans and other corporate politicians,” Mr. Thanedar said, referring to areluctance by some Democrats to emphasize the phrase.To Gabe Vasquez, a Democratic congressional candidate in Albuquerque, N.M., the American dream is about ensuring that the economic ladder “is there for everybody and that everyone can climb with you.”Ramsay de Give for The New York TimesGabe Vasquez, a Democrat who is facing Ms. Herrell in New Mexico in the fall, has also embraced the phrase. He tells supporters that his late grandfather — Javier Bañuelos, who taught himself to fix broken televisions with an old manual and eventually opened his own repair shop — made it possible for him to run for Congress. The American dream is not about buying a house, but ensuring that the economic ladder “is there for everybody and that everyone can climb with you,” he said.Yet even Democrats find themselves speaking of the dream as pessimistically as Republicans. Just as Republicans blame Democrats for destroying the American dream, Democrats believe the fault lies with Republicans. They say Republicans are making it harder to obtain by attacking the social safety net and blocking efforts to raise the minimum wage, and that they have co-opted the symbols of patriotism — including words like patriot — and turned them into partisan weapons.“That American dream,” Mr. Vasquez said, “is becoming a hallucination.” More

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    There Is No Happy Ending to America’s Trump Problem

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

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    With Trump, Merrick Garland Can’t Afford to Miss

    The two weeks since the F.B.I. descended on Mar-a-Lago have felt remarkably familiar. It’s not just that Donald Trump is dominating headlines once again; it’s that all the hits of 2017 and 2018 are being played again: legal experts cobbling together complex theories out of fragmentary information, exciting Twitter speculation about espionage and treason, a “this time we’ve got him” spirit unseen since the days of Bob Mueller devotional candles.The familiarity is useful; it means that we can look back and consider why they didn’t “get him” then, why Russiagate ended in a relative fizzle and sealed Republicans into a permanent suspicion of any investigation into Trumpian malfeasance.The Russia investigation was predicated — in the public eye and, at least in part, in its legal origins — on dire and dramatic scenarios: that Donald Trump had been cultivated as an agent of influence by Moscow, that there was a secret alliance between Trump’s inner circle and Russian intelligence, that the Trump campaign and the Russians had effectively collaborated in the hacking and dissemination of the Democratic National Committee’s emails. (And lordy, that maybe there was a pee tape.)None of these scenarios were proved by the investigation. As many Trump critics hastened to argue, the Mueller report did not exonerate the president or his campaign from wrongdoing. But the guilt established or suggested involved many things done in the clear light of day in an election that Trump won (encouraging Russian hackers and touting the information released), things attempted but never brought to fruition (some hapless, “Burn After Reading”-level attempts to connect with Russian dirt peddlers) and possible obstructions of justice in the course of the Mueller inquiry.Meanwhile, it also became clear that the investigation itself was guilty of process abuses, particularly in the way that the F.B.I. went about obtaining FISA warrants. And there was an obvious feedback loop between this investigative overreach and the overheated media coverage — the fact that law enforcement was unwisely using the infamous Steele dossier as a predicate encouraged journalists to amplify the dossier’s extreme scenarios, because after all, if the F.B.I. took them seriously, they must be very serious indeed.The endpoint of the investigation, then, reminded everyone that Trump is a self-interested intriguer surrounded by low-minded hacks. But it also made both the feds and the press look as if they had overreached in search of a Watergate ending. And for the partisan mind, the second part loomed inevitably larger, confirming Trump’s supporters in their belief that whatever sins their man might commit, the deep state was always out to get him.Now here we are again, and like the decisions of Mueller and James Comey before him, Merrick Garland’s choices turn on facts that the public can see only through a glass darkly. But I sincerely hope that the attorney general had the Russiagate experience in mind when he signed off on the search of Mar-a-Lago and that he considers how Mueller’s investigation finished as he considers his next move.The lesson to be drawn is emphatically not that Trump needs to be given permanent immunity because of a “don’t arrest ex-presidents” rule or out of fears that his supporters will take to the streets or launch lone-wolf attacks on the F.B.I.The lesson, rather, is that if the agents of the state come after Trump, and especially now when they come as representatives of an administration that might face him in the next election, they can’t afford to miss.Not only in the jury box but also in the court of public opinion, it needs to be clear, crystal clear, what separates any crimes he might be charged with from — for example — the perjury and obstruction of justice that didn’t send Bill Clinton to prison or the breach of intelligence protocols that Hillary Clinton wasn’t charged with. You don’t just need a plausible legal case that tests interesting questions about presidential declassification powers; you need an easy-to-explain slam-dunk.So if you have Trump taking design documents for nuclear weapons and shopping them to his pals in Saudi Arabia, congratulations — you got him; lock him up. If you have him taking boxes of notes from foreign leaders because he’s a childish egomaniac who thinks that he’s earned his White House souvenirs, well, then take the documents back, declare victory for the public interest and stop there. And if he took documents about the Russia investigation itself, of the sort that he wanted declassified during his presidency, well, tread carefully, lest you trap us all in an awful time loop where it’s forever 2017.It seems like a reasonable presumption that the documents in question are more serious than just some notes to Kim Jong-un but that the potential incrimination falls short of Trump literally selling secrets. But that’s a presumption, not a prediction. I’ve learned to be unsurprised by Trump’s folly and venality but also by his capacity to induce self-defeating blunders among people and institutions I would have considered relatively sensible before his ascent.So no predictions, just the warning: Don’t miss.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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    Ron DeSantis Rallies With Doug Mastriano and J.D. Vance

    PITTSBURGH — Gov. Ron DeSantis of Florida, widely seen as the Republican who poses the biggest threat to Donald J. Trump if they both run for president in 2024, blitzed through Pennsylvania and Ohio on Friday during a national tour with hard-right candidates that was clearly intended to elevate his standing and earn political capital with potential future leaders in battleground states.Before an audience of more than 1,000 at an event in Pittsburgh nominally meant to help the Republican nominee for governor of Pennsylvania, Doug Mastriano, Mr. DeSantis delivered a 40-minute address that had the trappings of a speech by a national candidate: bits of personal biography, blasts at the Biden administration and boasts of his Florida accomplishments, which were heavy on cultural messages.“We can’t just stand idly by while woke ideology ravages every institution in our society,” Mr. DeSantis proclaimed, citing laws he has signed to bar transgender athletes from girls’ and women’s sports and to ban instruction of gender identity and sexual orientation in early grades.As he aims to wrest control of the conservative movement, Mr. DeSantis is appearing with some of its highest-profile and most incendiary figures — midterm candidates who, unlike him, have relentlessly pushed the fiction that the 2020 election was stolen. His rallies on Friday for Mr. Mastriano and J.D. Vance, the Republican nominee for Senate in Ohio, came five days after an event for Kari Lake, the G.O.P. pick for governor of Arizona, and Blake Masters, the nominee for Senate there.The catch: All of these candidates identify with Mr. Trump’s “Make America Great Again” movement and have his endorsement.That leaves Mr. DeSantis walking a fine line as he tries to build alliances with Mr. Trump’s chosen 2022 candidates while simultaneously conveying the message that the Republican Party does not belong only to the former president.Mr. DeSantis and his allies may see a political opening in Mr. Trump’s mounting legal problems. But at the same time, the former president is widely expected to embark on a third run for the White House, and the investigations surrounding him have prompted Republicans to circle wagons around their embattled leader, reaffirming his power over the party.In Pittsburgh, Mr. DeSantis began his speech with a personal slide show that was typical of how a candidate might be introduced at a political convention.Maddie McGarvey for The New York TimesSupporters of Mr. DeSantis believe he can appeal to many Republicans as a figure who fights the same cultural battles as Mr. Trump but without the chaos and with the ability to win over some moderate voters beyond the party’s base.“DeSantis leans into and leads on the important policy issues people care about, but he does so without the off-putting craziness that turns off independent and swing voters — the people you need to win Pennsylvania,” said Matthew Brouillette, the leader of an influential conservative political group in the state. “They gave Trump a chance in 2016, but had enough in 2020. It’s time to move on.”More Coverage of the 2022 Midterm ElectionsLiz Cheney’s Lopsided Loss: The Republican congresswoman’s defeat in Wyoming exposed the degree to which former President Donald J. Trump still controls the party’s present — and its near future.2024 Hint: Hours after her loss, Ms. Cheney acknowledged that she was “thinking” about a White House bid. But her mission to thwart Donald J. Trump presents challenges.The ‘Impeachment 10’: With Ms. Cheney’s defeat, only two of the 10 House Republicans who voted to impeach Mr. Trump remain.Alaska Races: Senator Lisa Murkowski and Sarah Palin appeared to be on divergent paths following contests that offered a glimpse at the state’s independent streak.In Pittsburgh, Mr. DeSantis began his speech with a personal slide show that was typical of how a candidate might be introduced at a political convention, including a picture of him as a toddler in a Pittsburgh Steelers hat.The governor, who has a reputation as a sometimes wooden speaker, stood throughout his address behind a rostrum as if giving a lecture, holding on to its edges with his hands.Mr. DeSantis attacked Democrats’ newly passed climate, health and tax law by zeroing in on its hiring of more than 80,000 Internal Revenue Service employees.Maddie McGarvey for The New York TimesBut the crowd reacted enthusiastically, frequently jumping to its feet as he spoke of how under his watch, Florida had banned what he called “ballot harvesting,” or the practice of voters depositing ballots for other people, as well as prohibited schools from enacting mask mandates during the pandemic.He attacked Democrats’ newly passed climate, health and tax law by zeroing in on its hiring of more than 80,000 Internal Revenue Service employees over a decade, meant in part to restore the agency’s depleted enforcement staff. Echoing conspiracy theories on the right about the hires, which the Biden administration says will not result in new audits of households earning under $400,000, Mr. DeSantis claimed that the increased staffing was “absolutely going to hit people who are small business folks, contractors, handymen, you name it.”On Tuesday, Florida Democrats will decide whether to nominate Representative Charlie Crist or Nikki Fried, the state’s agriculture commissioner, to challenge Mr. DeSantis in November. Mr. DeSantis’s national profile has allowed him to raise more than $130 million in campaign cash, making him a formidable incumbent.Democrats know they face long odds to defeat him, but they have recently begun to believe there is a narrow path to do so, in part because of voter frustration over the elimination of federal abortion rights and a new Florida law restricting abortions after 15 weeks of pregnancy. More

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    Doug Mastriano Gets Pennsylvania Republicans to Close Ranks Behind Him

    STATE COLLEGE, Pa. — Before Pennsylvania’s primary, much of the state’s Republican establishment agreed that Doug Mastriano would be a disaster as the nominee for governor.Andy Reilly, the state’s Republican national committeeman, had joined a stop-Mastriano effort by rival candidates, who feared that the far-right state senator and prolific spreader of election conspiracy theories would squander an otherwise winnable race.Yet on a warm evening last month, Mr. Reilly opened his suburban Philadelphia home for a backyard fund-raiser for Mr. Mastriano, who won his primary in May. Guests chipped in $150 for ribs and pulled pork and listened to Mr. Mastriano, fresh from an uproar over his presence on Gab, a social media site that is a haven for hate speech.Mr. Reilly later defended Mr. Mastriano as the better choice to lead Pennsylvania over his Democratic opponent, Josh Shapiro. “The question is can Doug Mastriano keep the Republican Party base and all the factions together?” Mr. Reilly said.In one of the most closely watched governor’s races of the year, Pennsylvania Republican officials who had warned that Mr. Mastriano was unelectable have largely closed ranks behind him, after he proved to be the overwhelming choice of base Republicans. On Friday, Gov. Ron DeSantis of Florida plans to headline a rally with Mr. Mastriano in Pittsburgh, a bearhug from one of the party’s most popular national figures.Mr. Shapiro, the state attorney general, has used a huge fund-raising advantage to batter Mr. Mastriano in TV attack ads as an extremist on abortion and on the 2020 election, opening a double-digit lead in polls. Still, Democrats remain anxious they could lose to Mr. Mastriano because of the free-floating anger of the electorate this year, with most voters worried primarily about the economy.Josh Shapiro, with supporters in Lock Haven, Pa., has battered Mr. Mastriano in TV attack ads as an extremist.Kriston Jae Bethel for The New York TimesWhether the recent run of Democratic successes nationally — including the climate and drug-pricing legislative package and the resounding defeat of an anti-abortion measure in Kansas — can shift the fundamental midterm equation remains unclear.“The environment that Joe Biden has created for Josh Shapiro makes this year probably the only year that a Mastriano-type candidate could win in a purple state like Pennsylvania,” said Matt Brouillette, the head of a conservative political group in the state that opposed Mr. Mastriano in the primary. “While the Democrats want to focus on Jan. 6 and Roe v. Wade, the electorate is focused on putting food on their table and filling up the tanks in their cars.”The Democratic anxiety was on display recently at a party picnic in liberal State College, the home of Pennsylvania State University. At Mr. Shapiro’s mention of Mr. Mastriano during a speech, a woman shouted, “You better win!”More Coverage of the 2022 Midterm ElectionsLiz Cheney’s Lopsided Loss: The Republican congresswoman’s defeat in Wyoming exposed the degree to which former President Donald J. Trump still controls the party’s present — and its near future.2024 Hint: Hours after her loss, Ms. Cheney acknowledged that she was “thinking” about a White House bid. But her mission to thwart Donald J. Trump presents challenges.The ‘Impeachment 10’: With Ms. Cheney’s defeat, only two of the 10 House Republicans who voted to impeach Mr. Trump remain.Alaska Races: Senator Lisa Murkowski and Sarah Palin appeared to be on divergent paths following contests that offered a glimpse at the state’s independent streak.There was nervous laughter. The worry reflects the alarm of Democrats that if Mr. Mastriano, 58, becomes governor, he would sign severe abortion restrictions and would have the power to subvert the 2024 presidential election in the swing state in favor of the G.O.P. nominee.A Shapiro campaign event in State College. Democrats in Pennsylvania are worried about Mr. Mastriano’s positions on abortion and voting.Kriston Jae Bethel for The New York Times“I hear it every single day,” Mr. Shapiro told the crowd. “They’re worried about their rights being ripped away from them.”Mr. Mastriano, a retired Army officer who led Mr. Trump’s efforts to overturn the election in Pennsylvania, marched on the Capitol on Jan. 6, 2021, passing police barricades breached by other marchers. He has boasted that as governor, “I get to decertify any or all machines in the state.” He has called for compelling all nine million registered voters in the state to re-register, which experts say would violate federal law.“These are dangerous, extreme positions he’s taken, and these are things I know the people of Pennsylvania reject,” Mr. Shapiro, 49, said in an interview.Mr. Shapiro compared the unusually high turnout in deep-red Kansas in favor of abortion rights to how the issue is motivating his own supporters. “We have seen incredible intensity in our campaign post-Dobbs,” he said, referring to the Supreme Court decision leaving it to states to protect or deny abortion access.Many women who attended his events agreed, saying that abortion is their most important issue. “I was the generation that was young when Roe vs. Wade became the law of the land, and I’ve known women whose health was ruined because of an illegal abortion,” said Bonnie Hannis, 80, who came to hear Mr. Shapiro in rural Clinton County.“I’m excited to defend my reproductive rights,” said Gianna Renzo, 19, who grew up in the county and is now a student at Princeton. “I see women my age who are typically from Republican families, and they’re going to come over to the Democratic side” because of abortion.Mr. Mastriano, the sponsor in the State Legislature of a six-week abortion ban with no exceptions, has appeared to modulate that position lately, saying lawmakers will write whatever bill they choose and “my personal views are irrelevant.”But there are few signs that he has broadened his appeal to independent and swing voters, especially in the suburbs, who have played a pivotal role in recent Pennsylvania elections. He was supported by 82 percent of Republicans in a Fox News poll in late July, but independents preferred Mr. Shapiro by 28 points.It remains to be seen if Mr. Mastriano can broaden his appeal to independent and swing voters.Dustin Franz for The New York TimesMr. Mastriano declined to comment for this article.He has routinely snubbed the state’s TV news outlets and newspapers that might help him reach a broader audience. It is a purposeful strategy aimed at exciting conservatives who believe that Democrats have “the media in their pockets,” as he recently put it.This week, he said he would not participate in traditional debates run by independent news organizations because of what he called their “hidden partisan agenda.” He proposed debates in which each candidate names a moderator — a nonstarter for the Shapiro campaign, which called the idea an “obvious stunt.”Mr. Mastriano speaks almost exclusively to far-right podcasters like Stephen K. Bannon, conservative talk radio hosts and Fox News. On a recent swing through northwest Pennsylvania, he brushed off a Pittsburgh TV station that sought to interview him, and even the small-circulation Meadville Tribune.One result of that approach is that he seldom has to field tough questions. And his poor fund-raising — he ended the primary season with just $400,000 in his campaign account, compared with $13.4 million for Mr. Shapiro — has left him unable to run TV ads all summer to counter a barrage of attacks from his opponent.The Shapiro ads use Mr. Mastriano’s words to paint him as outside the mainstream, not just on abortion and election denial, but on gay marriage, which he has said should “absolutely not” be legal, and on global warming, which he called “fake science.”“You’ve basically got a one-person governor’s race right now in terms of voter contact,” said Christopher Nicholas, a Republican consultant in the state. “All the folks who listen to those far-right podcasts, I think he maxed out his vote potential. He has to move past his base.”At a recent appearance by Mr. Mastriano at the York County Fair, there were no signs on the sprawling fairgrounds directing potential voters his way. Outside the hall where he was to appear, a large crowd on bleachers at the appointed hour turned out to be waiting for the Hot Dog Pig Races.Mr. Mastriano showed up inside at the county Republican booth. He did not give a speech, but shook hands and posed for pictures with several dozen supporters.Donna VanDyne, an insurance agent, supported a no-exceptions abortion ban, claiming that victims of rape or incest who give birth adjust. “When they have their baby, they have each other and become support systems for one another,” she said.Dawn Smith, an aspiring teacher’s aide, repeated a debunked conspiracy theory Mr. Mastriano had spread about voting machines. “They switched President Trump’s votes to Joe Biden’s votes with the Dominion machines,” she claimed.Wayne Liek, a retired truck driver, recalling prayers he said in school in the 1960s, agreed with Mr. Mastriano that the Constitutional separation of church and state was, as Mr. Mastriano described it, “a myth.”A core of Mr. Mastriano’s popularity with Republicans is his embrace of views associated with Christian nationalism, the belief that the United States was founded as a Christian nation, and often intertwined with far-right conspiratorial thinking.Mr. Mastriano, the sponsor in the legislature of a six-week abortion ban with no exceptions, has appeared to modulate that position lately.Dustin Franz for The New York TimesFew attendees seemed aware of the furor over Mr. Mastriano’s presence on Gab. His campaign had paid $5,000 to broaden his support with users of the social media site, which is known as a haven for white nationalists. A post by Mr. Mastriano in July criticizing Democratic policies drew dozens of replies that were antisemitic insults of Mr. Shapiro.Gab’s founder, Andrew Torba, defended Mr. Mastriano in videos laced with antisemitic vitriol. Mr. Mastriano distanced himself from Mr. Torba on July 28, saying that he rejected “antisemitism in any form.’’At a later appearance where he did give a speech, in Cochranton, Mr. Mastriano said: “It’s funny, they want to call us extremists. They’re the extremists.’’He attacked Mr. Shapiro for suing, as attorney general, to keep a mask mandate in schools and to uphold Gov. Tom Wolf’s shutdown of nonessential businesses early in the pandemic. Mr. Mastriano first gained a following for leading protests against restrictions to prevent the spread of Covid. Fury at those orders lingers for many conservatives.Asked about the suits, Mr. Shapiro said that he personally opposes mandates for masks and vaccines, but as the state’s top lawyer he was required to represent the governor and executive branch in litigation. He prevailed in both cases.Before he campaigned in State College, a blue island in a sea of red in central Pennsylvania, Mr. Shapiro had visited Lock Haven in nearby Clinton County.Mike Hanna Sr., a retired Democratic state lawmaker from the area, said Mr. Mastriano “has a strong base here, just like Trump.” But Mr. Hanna said the former president had lost support since inciting the mob that attacked the Capitol.“I hunt with a bunch of veterans, and they just shake their heads,” Mr. Hanna said. “Trump has done a lot to erode his standing with his base, and Mastriano’s participation in all that, and the extreme positions he’s taken, have done the same thing.”“It’d be a lot scarier for us,” Mr. Hanna said, “if the Republicans had selected a moderate.” More

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    The Water Crisis in the Southwest

    More from our inbox:Should Liz Cheney Run for President?Jerrold Nadler’s Feminist CredentialsLiving With Diabetes John Locher/Associated PressTo the Editor:Re “The Coming Crisis on the Colorado River,” by Daniel Rothberg (Sunday Opinion, Aug. 7):The difference between 33 degrees Fahrenheit and 31 degrees Fahrenheit is the difference between rain and snow. The two-degree increase in ambient temperature in many parts of the Southwest, already recorded, has had a critical effect on the dwindling water levels of the Colorado River.The spigot that turns on water for Lake Mead and Lake Powell reservoirs resides high in the mountains of Colorado where dense snowpack builds up during the winter and melts slowly during the summer.Snowmelt runoff, unlike rainfall that becomes widely dispersed, is channeled into creeks and small streams that eventually combine and funnel into the Colorado River. The snowpack is disappearing.Ten years ago I was at Lake Mead’s now-disappeared Overton Beach Marina and read a sign on a palm tree that said, “Boat Slips Available.” Behind it was a vast landscape of dry and cracked lake bed. The “coming crisis on the Colorado River” has been arriving for some time now.For decades people in the urban Southwest have been living off federal money for subsidized water, with dams, aqueducts and pumping systems watering hundreds of golf courses, a swimming pool for every house and citrus groves in the desert.When the water level of Lake Mead reaches 1,042 feet above sea level, as it did recently, this false idea of a “desert miracle” confronts the true reality of a “dead pool” and the meaning of climate change.Judith NiesCambridge, Mass.The writer is the author of “Unreal City: Las Vegas, Black Mesa and the Fate of the West.”To the Editor:The West is drying and the East is flooding: Lake Mead, the vital sign of the Colorado River, has fallen to historic lows, and Kentucky has the opposite problem, overwhelmed by floodwaters.At a time when the country is already divided in enough ways, I hope that water can be a theme we can all rally around. Whether too much or too little, water touches us all.Certainly, resolving the Colorado River crisis — with its roots now gnarled in agriculture, urban growth, economics, politics and climate change — is a massive undertaking that will not happen in a day or even a decade. It requires individuals as well as institutions.A small action, whether to conserve water at home or to support a policy at the ballot box, shows commitment. To those of us who live in the West, it’s more than just a drop in the bucket. It’s good leadership, and it’s good stewardship.Robert B. SowbyProvo, UtahThe writer is a water resources engineer and a professor at Brigham Young University.Should Liz Cheney Run for President?Representative Liz Cheney spoke to her supporters on Tuesday night in Jackson, Wyo., and on Wednesday announced her new anti-Trump political organization.Kim Raff for The New York TimesTo the Editor:Re “Liz Cheney Says She’s ‘Thinking’ About Running for President in 2024” (news article, nytimes.com, Aug. 17):The heroic stance that soon-to-be-former Representative Liz Cheney has taken will go down in history as a true “profile in courage,” but her trajectory should not include a run for president. More