More stories

  • in

    Man Who Threatened Arizona Election Officials Gets More Than 3 Years in Prison

    The man called for a mass shooting of poll workers and also threatened the families of two county officials, saying that someone needed to get “these people and their children.”A man who called for a “mass shooting of poll workers” and threatened two Arizona county officials and their families over the 2022 election was sentenced on Thursday to three and a half years in federal prison, prosecutors said.The man, Frederick Francis Goltz, 52, pleaded guilty in April to two counts of interstate threatening communications in connection with his threats to two Republican Maricopa County officials in Arizona, the authorities said: Stephen Richer, the county recorder, and Tom Liddy, the county attorney’s civil division chief.Mr. Goltz, who is a Canadian citizen and lived in Lubbock, Texas, believed in 2022 that rampant voter fraud was occurring in Arizona, prosecutors said, so he resorted to online threats, saying in a post on a right-wing forum site that referred to Maricopa County officials: “Someone needs to get these people AND their children. The children are the most important message to send.”His threats continued for weeks. He wrote in an online forum that he was “willing to take lives” in order to fend off a “tyrannical government,” the U.S. Attorney’s Office for the Northern District of Texas said in a statement.Mr. Richer said in a statement read aloud by a prosecutor on Thursday that while he had been the person directly threatened in the case, “the impact of such threats is felt by a much larger community: the thousands of committed election workers who operate our democratic processes.”Mr. Liddy testified during the sentencing hearing that his wife and his four children were assigned round-the-clock protection and given body armor in response to Mr. Goltz’s threats.Mr. Goltz’s lawyer, Michael L. King, did not immediately respond to calls seeking comment on Friday. The two election officials who were targeted also did not immediately respond to requests for comment.The case has highlighted how right-wing skepticism of election results has often fueled threats against election officials, particularly in battleground states. Such animosity has prompted several beleaguered officials across the country to resign from their election posts.The case also underscores the dangerous effect that online disinformation has had, as aggrieved social media posts call for threatening actions with real-world consequences.In November 2022, shortly after the midterms, Mr. Goltz posted threats to poll election workers on Patriots.win under the name “FreeSpeechMaster,” according to a criminal complaint. That month, he also posted Mr. Liddy’s home address, telephone number and commented that “it would be a shame if someone got to” his children, the complaint states.On Nov. 23, 2022, Mr. Goltz noted in a post that Mr. Richer had a wife but wasn’t sure if he had children, the complaint states.“Kids are off limits,” one user replied.“No,” Mr. Goltz replied, according to court documents. “NOTHING is off limits.”He then said that he wished someone would “send a message” to Arizona by going after Mr. Richer’s children.Later that year, on Dec. 1, Mr. Goltz wrote he was “willing to take lives” and that the children were “not off limits, either,” the complaint states.The F.B.I. shared the posts with Mr. Liddy, who told the agency that he felt “afraid for himself and his family,” prosecutors said.Dr. Yotam Ophir, a professor of communication at the University at Buffalo who researches misinformation, said by phone on Friday that former President Donald J. Trump is responsible for almost all election fraud misinformation, which he has amplified for years, particularly after losing the 2020 presidential election.“In the past, we had a hope that inciteful, violent, hate-driven misinformation online would stay online,” Dr. Ophir said. “But I think in recent years, unfortunately, it’s becoming clear that what starts in the dark corners of the internet, it doesn’t stay there.”He said it appeared that the legal system and the intelligence community were beginning to realize “the massive threat that online digital environments can have toward democracy.”The man who attacked former House Speaker Nancy Pelosi’s husband last year appeared to have a copious online presence as he shared angry and paranoid postings on a blog. Nearly three-quarters of people across 19 countries believe that the spread of false information online is a “major threat,” according to a survey released by the Pew Research Center last year.“In recent years, it became clearer that people who are being radicalized online, especially on the far-right, pose a real threat,” Dr. Ophir said. “And again, it doesn’t end online.” More

  • in

    How the Rise of QAnon Broke Conspiracy Culture

    The date was Jan. 20, 2021, and Stephen Miles Lewis was trying to keep the peace.Two weeks before, a mob of pro-Trump protesters had stormed the Capitol building, and the circles Mr. Lewis ran in were now brimming with tension. Many of his closest friends had been outraged by what they saw. But he also knew someone who had been there, who now claimed that the violence had been stirred up by antifa agents disguised as Trump supporters.Mr. Lewis, a middle-aged man with a round face and a gray beard who goes by the nickname SMiles, sat at his desk, in front of a wall covered with posters of aliens, flying saucers and Bigfoot. In a YouTube video, he urged viewers to “take a step back and hopefully think, meditate, reflect on the times that we’re in,” to not “malign the others’ viewpoint.” He expressed frustration that the term “conspiracy theorist” was increasingly being used as an insult. After all, he pointed out: “I am a conspiracy theorist.”At the time, Mr. Lewis was trying to project calm, to help ensure that the community he’d been part of since he was 18 didn’t tear itself apart. But in the years since, he has found himself unsettled by the darker elements of a world he thought he knew.Over the past year, I’ve been part of an academic research project seeking to understand how the internet changed conspiracy theories. Many of the dynamics the internet creates are, at this point, well understood: We know its capacity to help users find one another, making it easier than ever for people to get involved in conspiracy networks; we also know how social media platforms prioritize inflammatory content and that as a result, ideas and information that make people angry travel farther.What we felt was missing from this story, though, was what this period of change looked like from the perspective of conspiracy theorists themselves.My team has been speaking to researchers and writers who were part of this world or connected to it in the pre-social media era. And we’ve learned something surprising: Many of the people we’ve interviewed told us they, too, have spent the past few years baffled by the turn conspiracy culture has taken. Many expressed discomfort with and at times outright disgust for QAnon and the related theories claiming the 2020 election had been stolen and said that they felt as if the very worst elements of conspiracy culture had become its main representatives.It’s worth noting that our sample was biased by who agreed to speak to us. While all of conspiracy culture can be characterized by its deep skepticism, that skepticism doesn’t always point in the same direction. Although we’ve approached as many people as possible, so far it’s mostly been those on the left of the political spectrum who have been interested in talking to university researchers. (They’ve also been overwhelmingly men.)Still, what our interviewees had to say was striking: The same forces that have made conspiracy theories unavoidable in our politics have also fundamentally changed them, to the extent that even those who pride themselves on their openness to alternative viewpoints — Sept. 11 truthers, Kennedy assassination investigators and U.F.O. cover-up researchers — have been alarmed by what they’ve seen.Mr. Lewis’s sense that conspiracy networks would be rived by tensions in the aftermath of Jan. 6 was well founded. Rumors immediately began circulating that the rioters had been infiltrated by agents instigating violence — an accusation that some of the rioters themselves took to social media to denounce. Ashli Babbitt, the rioter who was fatally shot by a police officer during the attack, was simultaneously lionized as a martyr and derided as a false flag.All this ultimately left Mr. Lewis less inclined to play peacemaker and more inclined to take a step away from it all. Today, he says, he increasingly avoids some of the language that floats around the conspiracysphere: Terms like “the illuminati” used to feel like fun ideas to play with. Now he worries they could be used to create scapegoats, or even encourage violence.SMiles Lewis grew up in Austin, Texas, with his mother — his parents separated when he was very young — and it was his close connection with her that first sparked his interest in the unexplained: “There was a sense, early on with my Mom and I, where we felt like we were reading each other’s minds,” he said. The two of them would watch shows like “That’s Incredible!,” which retold stories of paranormal encounters. Mr. Lewis recalls his mother telling him after one episode: “If you are ever in distress, just concentrate on me really hard, and I will get the message.” Her theory got put to the test when Mr. Lewis was a teenager: Once, when home alone, he heard voices in their yard after dark. Afraid, he considered calling his mother, but the fear of losing precious new adult freedoms stopped him. The next day she asked him if everything had been all right, because out of nowhere, she had felt the overwhelming urge to call. Mr. Lewis took this as confirmation that there was more to human abilities than science could yet rationalize.Once Mr. Lewis graduated from high school, he joined the Austin chapter of the Mutual U.F.O. Network, an organization for enthusiasts to meet and discuss sightings. From there, he became the leader of a support group for people who believed they’d had close encounters with aliens. Mr. Lewis never had such an experience himself, but he said the group didn’t mind — they just appreciated that he kept an open mind.U.F.O.s and conspiracy theories have always been intertwined, but it was Sept. 11 that really turned Mr. Lewis political. As he speculated in an editorial for The Austin Para Times after the planes hit the towers, he felt that he had “been a witness to Amerika’s greatest Reichstag event ” — a planned disaster to justify fascist encroachment on civil liberties, something many of the writers Mr. Lewis admired had warned of.For Mr. Lewis, conspiracism was always about thinking critically about the narratives of the powerful and questioning your own biases. In our interviews, he saw his interest in the parapolitical — in how intelligence and security services quietly shape the world — as connected to his political activism, not so different from attending an abortion rights rally or joining a local anti-Patriot Act group. All were about standing up for civil liberties and citizen privacy against an opportunistic, overreaching state.But for all Mr. Lewis’s political idealism, there was also something undeniably invigorating about conspiracy culture. This was a scene free from the stifling hegemony of sensible mainstream thought, a place where writers, filmmakers and artists could explore whatever ideas or theories interested them, however weird or improper. This radical commitment to resisting censorship in all its forms sometimes led to decisions that, from the perspective of 2023, look like dangerous naïveté at best: Reading countercultural material from the 1990s can feel like navigating a political minefield, where musings about the North American “mothman” and experimental poetry sit side-by-side with Holocaust denial. Conspiracy culture was tolerant of banned or stigmatized ideas in a way many of our interviewees said they found liberating, but this tolerance always had a dangerous edge.Still, Mr. Lewis looks back nostalgically on days when there seemed to be more respect and camaraderie. The aftermath of Sept. 11 and the war on terror presented, he said, a threat to citizens that the conspiracy-friendly left and right could unite over. Now the rift between the two was deep and vicious. He felt as if the ideas that had first attracted him to conspiratorial thought had been “weaponized,” pointing people away from legitimate abuses of power and toward other citizens — the grieving parents of Sandy Hook, for example — and at times involved real-world violence.When I asked Mr. Lewis when he first heard of QAnon, he told me a story about a family member who’d sent him a video that began with what he saw as a fairly unobjectionable narrative of government abuses of power. “I’m nodding my head, I’m agreeing,” he said. Then it got to the satanic pedophile networks.The conspiracy culture that Mr. Lewis knew had celebrated the unusual and found beauty in the bizarre. He had friends who considered themselves pagans, friends who participated in occult rituals. “The vast majority of them are not blood-drinking lunatics!” he told me. Some of his friends were no longer comfortable talking about their beliefs for fear of becoming targets.Others we interviewed told us similar stories: about a scene that had once felt niche, vibrant and underground but had transformed into something almost unrecognizable. Greg Bishop, a friend of Mr. Lewis’s and editor of the 1990s zine The Excluded Middle, which covered U.F.O.s, conspiracy theories and psychedelia, among other things, told me that as the topics he’d covered had become more mainstream, he’d watched the vitriol and division increase. “You’d see somebody at a convention who was frothing at the mouth or whatever, figuratively, and that’s changed into something that’s basically a part of the culture now.”Joseph E. Green, an author and parapolitical researcher, described how in the past, attending conferences on conspiracy topics, “there’s always a couple of guys in there who will tell you after they get familiar with you that the Jews run the world.” Mr. Green had no interest in such ideas, but nor did he think they ran much risk of going mainstream. But somewhere along the way, conspiracy spaces on the internet had become “a haven” for the “lunatic fringe” of the right wing, which in turn spilled back into the real world.Jonathan Vankin, a journalist who wrote about the conspiracy scene of the 1990s, said watching the emergence of QAnon had been disillusioning. Mr. Vankin never considered himself a conspiracy theorist, but as a journalist he felt an appreciation for them. They may not have always gotten the facts right, but their approach was a way of saying, “The official story, the way we’re fed that every day, isn’t really necessarily the way it is.” Now, he said, conspiracy theories felt more like “tools of control” that changed how people saw the world, not in a liberatory sense but “in a distorted way” — one that no longer challenged power but served its interests.Have conspiracy theories and conspiracy theorists gotten nastier? It’s worth recalling that the reactionary, violent impulse that we think of as characterizing contemporary conspiracism was always there: The John Birch Society of the 1960s and its hunt for secret Communists in the very top levels of government has been described by some historians as an early ancestor of QAnon. And it’s also worth remembering that the historical friendliness between left and right conspiracism could be ethically murky. When Timothy McVeigh detonated a truck bomb in Oklahoma City, killing 168 people and injuring hundreds more, he said he was acting in retaliation for the Waco siege of 1993 and its aftermath — what he and many others in militia circles saw as the government covering up a deliberate massacre of its own citizens. Some liberal writers in the conspiracy scene defended him — some even went as far as to suggest he had been framed.What does seem clear is that conspiracy theories have become less of a specialist interest and more of an unavoidable phenomenon that affects us all, whether in the form of anti-vaccination sentiments or election denialism. With both Robert F. Kennedy Jr. and Donald Trump running for president, none of this seems likely to fade away anytime soon.Michael Barkun, a scholar of religious extremism and conspiracy theories, describes conspiracy-minded networks as spaces of “stigmatized knowledge” — ideas that are ignored or rejected by the institutions that society relies on to help us make sense of the world. Recently, though, Mr. Barkun writes, in part because of the development of the internet, that stigma has been weakening as what “was once clearly recognizable as ‘the fringe’ is now beginning to merge with the mainstream.”The story we’ve heard from our interviewees is that this mainstreaming process has had profound effects, fundamentally altering the character of both the theories themselves and those who claim to be adherents, by making conspiracy theories more accessible and more potentially profitable. It’s these shifts that have left people like Mr. Lewis feeling so out of place in the spaces they once saw as their ideological homes.The conspiracy scene, on left and right, immediately grasped the significance of the World Wide Web’s arrival in the 1990s. For people who wanted to explore stigmatized topics, the liberatory potential was obvious, and most of the people we spoke to were early adopters. Mr. Lewis himself at one point had between 70 and 80 registered domain names.And yet, despite pouring more effort into his passion than some people put into their jobs, Mr. Lewis never made much, if any, money from it. When I asked him about it, it didn’t even seem to have occurred to him to try. This wasn’t unusual; the biggest names in conspiracy culture before the internet — radio hosts like Bill Cooper and Mae Brussell — may have sold books and tapes but hardly built media empires. Making money seemed secondary to the principle of getting the truth — as they saw it, at least — out there, for like-minded people to debate and discuss.Today’s conspiracy theorists are different. Termed “conspiracy entrepreneurs” by academics, they combine the audience-growth strategies of social media lifestyle influencers with a mixture of culture war and survivalist rhetoric. They’re active on various platforms, constantly responding to new developments, and most of them are selling their audience something on the side.One of the first entrepreneurs to pioneer this approach was Alex Jones, who a recent court case revealed had an estimated combined net worth with his company of up to $270 million. Before his name became synonymous with conspiracy theories, Mr. Jones got his start in Austin community access television in the 1990s — a scene that Mr. Lewis was intimately familiar with. But as Mr. Lewis and others tell it, Mr. Jones always possessed both an aggressive streak and a sense of showmanship that many of his contemporaries lacked, making him perfect for social media, where conspiracy theorists, like everyone else, are competing in an attention economy.“The last thing I want to do is sit on a recorded video and say to you, ‘In our day, conspiracy theories were kinder and gentler,’” said Ruffin Prevost, an editor at ParaScope, a now-defunct site set up in 1996 that covered U.F.O.s, secret societies, and mind control, among other subjects. “But there is definitely a different tenor to how people go about this stuff now,” he said. “It’s almost like you’ve got to be strident and hard-core about whatever your thing is to have enough bona fides to capture that audience.”The belief that the incentives of social media had shorn conspiracy research of its serious, scholarly edge was a common theme. “The things that we’re describing are not really the same thing,” Mr. Green declared to me flatly, comparing the archival work and conferences that he had been involved with to the salacious videos of QAnon influencers. The scholarly work “is never going to have that commercial appeal,” he said. “You know, just like if I try to get somebody to watch a film by Ingmar Bergman, it’s much more difficult than to get them to watch a film by Michael Bay. It’s almost not even the same thing, right?”In the minds of many conspiracy theorists, Mr. Jones and his imitators don’t deserve the title. In his 2017 book, “Trumpocalypse Now!: The Triumph of the Conspiracy Spectacle,” Kenn Thomas, a towering figure in the world of 1990s conspiracy, termed the recent crop of opportunists looking to profit from the hard work of researchers “conspiracy celebrities.” And the conspiracy celebrity in chief, Mr. Thomas said, was Donald Trump, who referred to conspiracy theories he hadn’t researched and didn’t understand. To the world at large, it might seem as if we’re living in a time in which conspiratorial thinking is ascendant. But in his foreword to Mr. Thomas’s book, Robert Sterling, editor of a 1990s and 2000s countercultural conspiracy blog called The Konformist, argued otherwise: “If this moment is a victory for the conspiracy culture,” he wrote, “it is a Pyrrhic victory at best.”“There’s a few different stories we can tell about what happened,” Douglas Rushkoff, a media theorist and author, told me. Conspiracy culture up through the ’90s was dominated by what could be called a “radio sensibility.” Fringe topics were mostly discussed on late-night talk shows. There were guest experts, and listeners could call in, but the host still functioned as a (lenient) gatekeeper, and the theories themselves conformed to a narrative format. They were, for the most part, complete stories, with beginnings, middles and ends.In the digital age, he said, sense-making had become a fragmented, nonlinear and crowdsourced affair that as a result could never reach a conclusion and lacked internal logic. There were always potential new connections to be spotted — in the case of the 2020 election, for instance, two imprisoned Italian hackers, or a voting machine company founded by Venezuelans. This lack of satisfying resolution meant the new theories had no natural stopping point, he said, and their perpetual motion eventually brought them to a place that was “much more strident” — “even amongst the left.”The new “born-digital” conspiracy theories, like QAnon and the Great Reset, are constantly looking forward by necessity. Attaching themselves to the fast-paced flow of current events and trending topics is a matter of survival on social media, which can also explain why those who perpetuate them rarely stay focused on unpacking just one event: The Great Reset theory, for example, began by alleging that the Covid-19 pandemic had been deliberately engineered by the global elite, but soon expanded to encompass climate change, economic inflation and local traffic schemes.Some academics have argued that even when conspiracy theories warn of dark and dystopian futures, they are fundamentally optimistic: They are assertions that humans are ultimately in control of events, and humans can stop whatever terrible catastrophe is coming around the corner. But perhaps the problem is that human beings are no longer really in control of the conspiracy theories themselves. Even when Q, the anonymous figure who sparked the QAnon movement, stopped posting, the movement’s adherents carried on.Before we had even spoken over Zoom, Mr. Lewis sent me a 2022 Medium article written by Rani Baker that he said summed up a lot of his feelings about the topic. It was titled “So When, Exactly, Did Conspiracy Culture Stop Being Fun?” It was a question he said he had been struggling with too.When I asked Mr. Lewis if he had become more moderate over time, he was ambivalent. He said he maintains his skepticism about power and the state, but he’s less dogmatic these days — perhaps because he’s gained a new appreciation for the destructive power of uncompromising narratives. His thinking on Sept. 11, in particular, has evolved, from what truthers call MIHOP (Made It Happen on Purpose) to LIHOP (Let It Happen on Purpose) to today, when he allows it might have been something very different: an event foreseeable in the abstract, but as a horrific consequence of decades of U.S. interference in the Middle East, not a government’s deliberate attack on its own people.But from Mr. Lewis’s perspective, asking if he had moderated his views wasn’t quite the right question. For him and many of the others we spoke to, the paranormal and the parapolitical had been their passion and their home for their entire adult lives, places where they had found friends, ideas and ways of theorizing about the world that fascinated and excited them. They were used to their interest in these topics making them outsiders. Now they found themselves living with one foot in and one foot out of the current conspiracy scene, which had become increasingly popular, ubiquitous and dangerous. As they saw it, it wasn’t that they had rejected conspiracy culture; conspiracy culture was leaving them behind.As we wrapped up one of our interviews, Mr. Lewis told me that he finds himself increasingly returning to listening to old broadcasts of his to see if he can make sense of when that turning point began.“I keep trying to imagine,” he said. “Like, I think of the time before, and I think of the time now, and it’s like, yeah, where did the transition happen? Were there milestones along the way? Were there signs, portents, that we could have recognized?” He trails off and pauses. “And I don’t have the answer to this, but that’s kind of where my mind keeps going.”Annie Kelly is a postdoctoral researcher working on conspiracy theories at King’s College London and the University of Manchester. She is also the British correspondent for the podcast “QAnon Anonymous.”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

  • in

    The Far-Reaching Consequences of the Latest Trump Indictment

    The latest charges against Donald Trump amount to “the most consequential of all the indictments filed so far,” the Opinion columnist David French argues in this audio essay. On Tuesday, the former president was indicted on four federal counts related to his efforts to overturn the 2020 election, efforts that were part of what French calls “one of the most malicious conspiracies in American history.” Despite this, the case, which hinges on proving Trump’s intent, may not be a slam dunk.Christopher Smith for The New York TimesThe 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.This Opinion Short was produced by Vishakha Darbha. It was edited by Kaari Pitkin and Annie-Rose Strasser. Mixing by Pat McCusker. Original music by Pat McCusker and Carole Sabouraud. Fact-checking by Mary Marge Locker. Audience strategy by Shannon Busta and Kristina Samulewski. More

  • in

    Why Jack Smith’s Jan. 6 Trump Indictment Is So Smart

    This is the indictment that those who were horrified by the events of Jan. 6, 2021, have been waiting for. The catalog of misdeeds that Donald Trump is accused of is extensive, some reflected in other prosecutions over classified documents and hush-money payments or in civil lawsuits.But this case — a sitting U.S. president’s assault on democracy — is by far the most consequential. And from the looks of this indictment, the prosecution’s case is going to be thorough and relentless.The charging decisions in the indictment reflect smart lawyering by the special counsel Jack Smith and his team. The beauty of this indictment is that it provides three legal frameworks that prosecutors can use to tell the same fulsome story.It will allow prosecutors to put on a compelling case that will hold Mr. Trump fully accountable for the multipronged effort to overturn the election. At the same time, it avoids legal and political pitfalls that could have delayed or derailed the prosecution.The lead charge, conspiracy under 18 U.S.C. 371, is a go-to charge for federal prosecutors. Count 1 charges a conspiracy to defraud the United States by obstructing and defeating the lawful counting of votes and certification of the election. Conspiracy is the perfect vehicle for describing a complex criminal scheme and identifying all the actors and everything they did.The conspiracy charge, which makes up most of the indictment, encompasses the tentacles of the scheme to overturn the election results. Pressuring state officials to overturn their elections, recruiting slates of fake electors from seven states, trying to corrupt the Justice Department to further the scheme, pressuring Mike Pence to throw out lawful votes and directing the mob to the Capitol on Jan. 6 — all are included as part of a single overarching conspiracy to defraud the United States.A conspiracy requires two or more people who agree to participate. This indictment lists but does not yet charge or formally identify six Trump co-conspirators. Mr. Smith clearly has enough evidence to charge those unindicted co-conspirators but has chosen not to — for now. This, too, is a smart tactical decision.Proceeding against Mr. Trump alone streamlines the case and gives Mr. Smith the best chance for a trial to be held and concluded before the 2024 presidential election. It’s possible some of the unindicted co-conspirators will cut a deal and testify for the prosecution. If not, there is plenty of time to charge them later.Counts 2 and 3 are conspiracy to obstruct an official proceeding and obstruction of a proceeding, under 18 U.S.C. Section 1512. Prosecutors have successfully used this statute to charge hundreds of the Jan. 6 Capitol rioters, including members of the Oath Keepers and Proud Boys, with disrupting the joint congressional proceeding to certify the election results.But when it comes to Mr. Trump and the senior people around him, this obstruction charge is much broader than the assault on the Capitol. The conspiracy to obstruct justice again encompasses all the different methods he and his allies used to seek to overturn the election results by thwarting the proceeding to certify the election. In addition, his dispatching supporters to the Capitol and then taking no steps to stop them for three hours potentially makes him liable for aiding and abetting that obstruction — even though he did not set foot in the Capitol himself. And aiding and abetting is part of the theory of the obstruction charge in Count 3.Count 4 is a civil rights violation under 18 U.S.C. Section 241. That statute makes it a crime to “injure, oppress, threaten or intimidate” any people in their exercise and enjoyment of rights guaranteed by the Constitution or laws. Based on the same evidence, this charge alleges that Mr. Trump and others conspired to injure one or more people by depriving them of their right to have their votes counted.For each of these charges, all aspects of the effort to overturn the election, including those that took place well before Jan. 6, may be introduced as part of a single multifaceted scheme and part of one story that proves all the charges.Prosecutors love having alternative legal theories underlying a single presentation of evidence. It’s a belt-and-suspenders approach: If a legal issue arises that weakens or eliminates one charge, the others remain, and the case can continue. And within the scheme are yet more backstops: If the evidence for one aspect of the scheme falters, the remaining aspects are still more than sufficient to prove the charge.Mr. Smith has also avoided some potential land mines that could be lurking in other charges.One charge that was not included in the indictment falls under 18 U.S.C. Section 2383, which makes it a crime to incite, assist or engage in a rebellion or insurrection against the United States or to give aid and comfort to such an insurrection. This charge was part of the referral from the Jan. 6 committee.It would have faced some potentially tricky First Amendment issues, to the extent it would have relied on Mr. Trump’s speech at the Ellipse on Jan. 6 to allege that he incited the riot. I believe those issues could be overcome, but the free speech battles over that charge would have been time-consuming and distracting because the speech could be easily characterized as a political rally.Seditious conspiracy under 18 U.S.C. Section 2384 is also absent. A number of Proud Boys and Oath Keepers have been convicted of violating that law, which prohibits conspiracies to overthrow the government. But violating the statute requires the use of force. Conviction presumably would require proof that Mr. Trump intended the Capitol riot to take place and that it was not just a political protest that got out of hand. That proof may be there, but the issue could easily become a major distraction.There will be those who say any case that does not charge Mr. Trump with insurrection or sedition is a whitewash that fails to hold him properly accountable. I think those critics are wrong. These charges will allow prosecutors to present the sweeping, multistate scheme to overturn the election, with all its different aspects, to the jury and the public. They are serious felony charges that carry hefty penalties.Although it might have been psychologically gratifying to see Mr. Trump charged with sedition, the name of the legal charge is less important than the facts that will make up the government’s case.This indictment presents detailed and overwhelming allegations. It reflects sound legal and tactical decisions that should allow the government to move quickly and put on a powerful case. The most significant prosecution of Mr. Trump is off to a strong start.Randall D. Eliason is a former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia and teaches white-collar criminal law at George Washington University Law School. He writes the Sidebars blog.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

  • in

    Matt DePerno, Trump Meddler in Michigan, Is Charged in Election Breach

    A key figure in a multistate effort to overturn the 2020 election, Mr. DePerno lost his race for Michigan attorney general in 2022. He later finished second to lead the state’s Republican Party.Matthew DePerno, a key orchestrator of efforts to help former President Donald J. Trump try to overturn the 2020 election in Michigan and an unsuccessful candidate for state attorney general last year, was arraigned on four felony charges on Tuesday, according to documents released by D.J. Hilson, the special prosecutor handling the investigation.The charges against Mr. DePerno, which include undue possession of a voting machine and a conspiracy to gain unauthorized access to a computer or computer system, come after a nearly yearlong investigation in one of the battleground states that cemented the election of Joseph R. Biden Jr. as president.Former State Representative Daire Rendon was also charged with two crimes, including a conspiracy to illegally obtain a voting machine and false pretenses.Both Mr. DePerno and Ms. Rendon were arraigned remotely on Tuesday before Chief Judge Jeffery Matis, according to Richard Lynch, the court administrator for Oakland County’s Sixth Circuit, and remained free on bond.The charges were first reported by The Detroit News.Mr. DePerno denied any wrongdoing and said that his efforts “uncovered significant security flaws” in a statement from his lawyer, Paul Stablein.“He maintains his innocence and firmly believes that these charges are not based upon any actual truth and are motivated primarily by politics rather than evidence,” Mr. Stablein said.The criminal inquiry in Michigan has largely been overshadowed by developments in Georgia, where a grand jury is weighing charges against Mr. Trump for trying to subvert the election, but both are part of the ongoing reckoning over the conspiracy theories about election machines promoted by Mr. Trump and his allies.The efforts to legitimize the falsehoods and conspiracy theories promoted widely by Mr. Trump and his allies continued long after the Jan. 6, 2021, attack on the Capitol and after Mr. Biden took office. In Arizona, such efforts included the discredited election audit of Maricopa County led by Republicans in the state legislature.In a statement, Mr. Hilson said, “Although our office made no recommendations to the grand jury as to whether an indictment should be issued or not, we support the grand jury’s decision and we will prosecute each of the cases as they have directed in the sole interests of justice.”Dana Nessel, Michigan’s attorney general and a Democrat who went on to defeat Mr. DePerno in the November election, has not been involved in the investigation since the appointment of a special prosecutor in August last year. In a statement on Tuesday, Ms. Nessel said that the allegations “caused undeniable harm to our democracy” and issued a warning for the future.“The 2024 presidential election will soon be upon us. The lies espoused by attorneys involved in this matter, and those who worked in concert with them across the nation, wreaked havoc and sowed distrust within our democratic institutions and processes,” Ms. Nessel said. “We hope for swift justice in the courts.”The charges stemmed from a bizarre plot hatched by a group of conservative activists in early 2021 to pick apart voting machines in at least three Michigan counties, in some cases taking them to hotels and Airbnb rentals as they hunted for evidence of election fraud.In the weeks after the 2020 election, he drew widespread attention and the admiration of Mr. Trump when he filed a lawsuit challenging the vote tallies in Antrim County, a rural area in Northern Michigan where a minor clerical error fueled conspiracy theories.He falsely claimed that voting machines there had been rigged, a premise that was rejected as “idiotic” by William P. Barr, an attorney general under Mr. Trump, and “demonstrably false” by Republicans in the Michigan Senate.Mr. Hilson, the prosecutor in Muskegon County appointed as special prosecutor, had initially delayed bringing charges, asking a state judge to determine whether it was against state law to take possession of a voting machine without the secretary of state’s permission or a court order. A judge determined last month that doing so was against the law, clearing the way for charges.Democrats swept the governor’s race and other statewide contests last fall, in addition to flipping the full Legislature for the first time in decades. Mr. DePerno, who was endorsed by Mr. Trump, lost the attorney general’s race by eight percentage points.This year, Mr. DePerno had been a front-runner to lead the Michigan Republican Party after its disappointing showing in last year’s midterm election, but he finished second to another election-denier: Kristina Karamo.In his campaign to lead the G.O.P. in Michigan, Mr. DePerno had vowed to pack the party’s leadership ranks with Trump loyalists, close primaries to just Republicans and ratchet up the distribution of absentee ballot applications to party members — despite what he said was lingering opposition to voting by mail within the party’s ranks.His candidacy was supported by Mike Lindell, the MyPillow chief executive who has spread conspiracy theories about election fraud and appeared at a fund-raising reception for Mr. DePerno in Lansing on the night before the chairmanship vote.Mr. DePerno lost to Ms. Karamo after three rounds of balloting at the state party convention, a process that was slowed for several hours by the use of paper ballots and hand counting.Danny Hakim More

  • in

    Target Letter to Trump Raises Possibility of Obstruction and Fraud Charges

    In the two and a half years since a mob laid siege to the Capitol in an effort to prevent Congress from certifying Joseph R. Biden Jr.’s electoral victory, a wealth of evidence has emerged about Donald J. Trump’s bid to stay in power after the 2020 election.Mr. Trump and his allies peddled spurious claims of voter fraud, pressured officials in states he narrowly lost and recruited false slates of electors in those states. He urged Vice President Mike Pence to delay certification of Mr. Biden’s win. And he called on a huge crowd of his supporters to march on the Capitol and “fight like hell.”Now, Mr. Trump appears almost certain to face criminal charges for some of his efforts to remain in office. On Tuesday, he disclosed on social media that federal prosecutors had sent him a so-called target letter, suggesting that he could soon be indicted in the investigation into the events that culminated in the riot.Mr. Trump did not say what criminal charges, if any, the special counsel, Jack Smith, had specified in issuing the letter.But since the Capitol attack — in part because of revelations by a House committee investigation and news reports — many legal specialists and commentators have converged on several charges that are particularly likely, especially obstruction of an official proceeding and conspiracy to defraud the government.A person briefed on the matter said the target letter cited three statutes that could be applied in a prosecution of Mr. Trump by the special counsel, Jack Smith, including a potential charge of conspiracy to defraud the United States.Norman Eisen, who worked for the House Judiciary Committee during Mr. Trump’s first impeachment and contributed to a prosecution memo modeling potential Jan. 6-related charges, said that the target letter suggested the special counsel “has more than enough evidence” to bring a case against the former president.“By leading the effort to procure fraudulent electoral certificates across the nation, Trump helmed a conspiracy to defraud the U.S.,” Mr. Eisen said. “And by using those false documents to press Mike Pence to disrupt the Jan. 6 meeting of Congress, Trump attempted to obstruct an official proceeding.”There have also been signs that prosecutors have explored potential charges involving wire or mail fraud related to Mr. Trump’s fund-raising efforts in the name of overturning the election results.Any charges in the District of Columbia — where federal grand juries have been hearing evidence — would raise additional legal peril for Mr. Trump. Already, the Justice Department has won guilty pleas or convictions in hundreds of cases related to the riot, suggesting that a pool of jurors may be less receptive toward him than in Palm Beach County, Fla., where he faces charges over his hoarding of sensitive government documents at his Mar-a-Lago estate.These are some of the charges Mr. Trump could face in the Jan. 6 case.Corruptly Obstructing an Official ProceedingBoth the House committee that scrutinized Jan. 6 and a federal judge in California who intervened in its inquiry have said that there is evidence that Mr. Trump tried to corruptly obstruct Congress’s session to certify Mr. Biden’s Electoral College victory. Under Section 1512(c) of Title 18 of the United States Code, such a crime would be punishable by up to 20 years in prison.Prosecutors have already used that law to charge hundreds of ordinary defendants in Jan. 6 cases, and in April, a federal appeals court upheld the viability of applying that charge to the Capitol attack. Still, unlike ordinary rioters, Mr. Trump did not physically participate in the storming of the Capitol.The House committee investigating the Capitol riot at a hearing in December.Jason Andrew for The New York TimesIn issuing criminal referrals as it ended its investigation, the Jan. 6 committee argued that Mr. Trump should be charged under the statute based on two sets of actions. By summoning supporters to Washington and stoking them to march on the Capitol, lawmakers argued, Mr. Trump had violated that law. Mr. Trump’s lawyers would likely raise doubts over whether he intended for his supporters to riot in part because he also told them to protest “peacefully.”The committee also cited Mr. Trump’s participation in the fake electors scheme as a reason to issue charges, pointing to his effort to strong-arm Mr. Pence to cite the existence of slates of electors pledged to Mr. Trump in seven states that Mr. Biden had actually won as a basis to delay certifying the election. The panel stressed how Mr. Trump had been told that there was no truth to his claims of a stolen election, which it said showed his intentions were corrupt.Conspiring to Defraud the Government and to Make False StatementsBoth the federal judge in California and the Jan. 6 committee also said there was evidence that Mr. Trump violated Section 371 of Title 18, which makes it a crime, punishable by up to five years in prison, to conspire with another person to defraud the government.The basis for such a charge would be similar: Mr. Trump’s interactions with various lawyers and aides in his effort to block the certification of Mr. Biden’s electoral victory, even though Mr. Trump was repeatedly told that his allegations of widespread voter fraud were baseless.In his ruling last year in a civil lawsuit over whether the Jan. 6 committee could obtain the emails of John Eastman, a legal adviser to Mr. Trump in his fight to overturn the election results, Judge David O. Carter ruled that it was more likely than not that the communications involved crimes, so qualified for an exception to attorney-client privilege.“The illegality of the plan was obvious,” he wrote. “Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections. Ignoring this history, President Trump vigorously campaigned for the vice president to single-handedly determine the results of the 2020 election.”A conspiracy to submit false electors to Congress could also implicate Section 1001, which makes false statements a crime punishable by up to five years in prison. In the documents case, Mr. Trump is charged under this statute, accused of having caused his lawyer to lie to the Justice Department.Wire and Mail FraudA constellation of other potential crimes has also surrounded the Jan. 6 investigation. One is wire fraud. Section 1343 of Title 18 makes it a crime, punishable by 20 years in prison, to cause money to be transferred by wire across state lines as part of a scheme to obtain money by means of false or fraudulent representations. A similar fraud statute, Section 1341, covers schemes that use the Postal Service.Subpoenas issued by Mr. Smith suggest that he has been scrutinizing Mr. Trump’s political action committee, Save America PAC. It raised as much as $250 million, telling donors the money was needed to fight election fraud even as Mr. Trump had been told repeatedly that there was no evidence to back up those claims.The House Jan. 6 committee had also suggested that Mr. Trump and his associates had defrauded his own supporters. It described how after the election, they appealed to donors as many as 25 times a day to help fight the results in court and contribute to a defense fund. But no such fund existed, and they used the money for other purposes, including spending more than $200,000 at Trump hotel properties.“Throughout the committee’s investigation, we found evidence that the Trump campaign and its surrogates misled donors as to where their funds would go and what they would be used for,” Representative Zoe Lofgren, Democrat of California, said during one hearing. “So not only was there the big lie. There was the big rip-off.”The Jan. 6 committee and some legal commentators have also suggested Mr. Trump could be charged under Section 2383 of Title 18, which makes it a crime to incite, assist, “aid or comfort” an insurrection against the authority and laws of the federal government. That offense, however, is rarely charged and has not been leveled against any Jan. 6 defendant to date.In its final report, the committee singled out five of Mr. Trump’s other allies — Mark Meadows, his final chief of staff; and the lawyers Rudolph W. Giuliani, Mr. Eastman, Jeffrey Clark and Kenneth Chesebro — as potential co-conspirators with Mr. Trump in actions the committee said warranted Justice Department investigation.Luke Broadwater More

  • in

    Robert F. Kennedy Jr.’s Relatives Condemn His Comments About Covid

    His sister Kerry Kennedy criticized his remarks, and his brother Joseph Kennedy II said “they play on antisemitic myths and stoke mistrust of the Chinese.”Several members of the Kennedy family have condemned a bigoted conspiracy theory from the Democratic presidential candidate Robert F. Kennedy Jr., who suggested that the coronavirus was “ethnically targeted” to spare Jews and Chinese people.In comments at a recent event in New York City, a recording of which was first published by The New York Post, Mr. Kennedy said: “Covid-19 is targeted to attack Caucasians and Black people. The people who are most immune are Ashkenazi Jews and Chinese.” He added, “We don’t know whether it was deliberately targeted or not.”His sister Kerry Kennedy called his remarks “deplorable and untruthful” and said they did not represent the principles espoused by Robert F. Kennedy Human Rights, the organization she leads — named after their father, the former attorney general and presidential candidate Robert F. Kennedy.His brother Joseph Kennedy II issued a similar statement, telling The Boston Globe: “Bobby’s comments are morally and factually wrong. They play on antisemitic myths and stoke mistrust of the Chinese. His remarks in no way reflect the words and actions of our father, Robert F. Kennedy.”And former Representative Joseph Kennedy III wrote on Twitter on Monday afternoon: “My uncle’s comments were hurtful and wrong. I unequivocally condemn what he said.”Mr. Kennedy rejected criticism of his comments on Sunday, saying in a lengthy Twitter post, “The insinuation by @nypost and others that, as a result of my quoting a peer-reviewed paper on bio-weapons, I am somehow antisemitic, is a disgusting fabrication.” (The paper he referred to did not support the claims he made.)It was far from the first time that Mr. Kennedy’s relatives felt compelled to disavow his words or actions.Once an environmental lawyer known for his work to clean up the Hudson River, Mr. Kennedy — now a long-shot candidate running against President Biden for next year’s Democratic nomination — has become a leading purveyor of anti-vaccine misinformation. Long before the coronavirus pandemic, he helped popularize false claims of a connection between childhood vaccines and autism, and since Covid vaccines became available, he has sought loudly and frequently to cast doubt on their well-documented safety.Last year, Mr. Kennedy suggested that unvaccinated Americans would soon be more persecuted than Anne Frank, who was murdered by the Nazis. Several of his siblings criticized him for that comment, as did his wife, the actress Cheryl Hines, who called it “reprehensible and insensitive.”He has advanced many other conspiracy theories as well, including claiming that there is a link between antidepressants and mass shootings (there isn’t) and that Republicans stole the 2004 presidential election (they didn’t).Despite his promotion of misinformation and some policy views more aligned with the Republican base than the Democratic one, Mr. Kennedy is polling relatively strongly — between 10 and 20 percent in several surveys, nowhere near enough to overtake Mr. Biden, but nonetheless striking numbers against an incumbent. More

  • in

    Cambodia Strongman Hun Sen Wields Facebook to Undermine Democracy

    The Cambodian People’s Party created its Cyber War Room about a decade ago. The goal was to support Prime Minister Hun Sen’s regime through social media propagandizing. Led by the prime minister’s son Hun Manet, a troll army used Facebook and other digital platforms to attack his father’s opposition with disinformation and even allegedly wield death threats.Fast forward to the Cambodian election taking place next month. The CPP’s Cyber War Room is back up and running. General Manet, commander of the Cambodian Army and most likely the country’s next prime minister, is reportedly back at the helm, this time defending his father’s legacy and himself.Facebook is extremely popular in Cambodia, with roughly 12 million of the country’s almost 17 million people on the site. Many people in Cambodia use Facebook as a core means of getting information, and social media platforms are critical for the few journalists still producing independent reporting. The populations of many other countries where governments have continually used social media for manipulation, including the Philippines and Turkey, rely heavily on Facebook as well. So why has state-sponsored trolling like this been allowed to endure for 10 years?It will come as no surprise when I say that Big Tech has a lot of problems on its plate, including fury about transnational digital propaganda campaigns, a global outcry about networked disinformation during the pandemic and panic about both real and hypothetic threats of generative A.I.But as one issue pops into the immediate view, the others don’t go anywhere. Instead, the global problems with our online information ecosystem compound. And while society and tech’s most powerful firms jump from one issue to the next, the abusive disinformation practices in places like Cambodia become entrenched. Governments refine their techniques, and opposition groups become less and less present because they are either trolled into submission, arrested, exiled or killed. It all benefits Big Tech, from Meta to Alphabet, which publicly seizes upon the idea du jour while cutting staffs and curbing efforts aimed at combating standing informational issues.What does this mean for the people of Cambodia? For a people who, in living memory, endured the horrors of genocide and totalitarianism?The Cambodian news ecosystem and the lives of Cambodians are controlled by Prime Minister Hun Sen, who has led them in some capacity for 38 years. He is quick to justify his long reign by pointing to economic gains before Covid — by which time the country achieved lower-middle-income status through tourism, textile exports and a growing relationship with China. His people have languished in many other ways, however: Environmental degradation is rife, corruption is commonplace, and human rights abuses are worsening.Mr. Sen and his cronies own or control all but the thinnest sliver of the country’s media outlets. They recently banned the main opposition party from running in the coming election because of an alleged clerical error. And curtailing speech on social media has been critical to the consolidation of their power. Facebook, Telegram and other platforms have been central to the CPP’s illicit, strategic and authoritarian control of Cambodia’s information space and, consequently, public opinion.Other despots have made use of highly organized state-sponsored trolling outfits to quash dissent. Some, like Mr. Sen, have also hired their kids to run them. In Brazil, Jair Bolsonaro’s Office of Hate, run by his sons, used social media to defame journalists and threaten opposition. Recep Tayyip Erdogan, the autocrat recently re-elected as president of Turkey, benefited greatly from organized troll armies operating on Twitter. Back in Southeast Asia, the increasingly tyrannical regimes of Thailand, the Philippines and Myanmar have all deployed cyber-troops to do their oppressive bidding.Another factor is central to understanding why social media firms have failed to curb state-sponsored trolling around the globe: language.Facebook, YouTube, Instagram, Twitter and other platforms have overwhelmingly focused their efforts to counter harmful and purposely misleading content in English. One reason is that they are based in the United States. Another is the malignant supremacy of Western concerns. But the larger reason is that social media companies cannot or will not supply the resources necessary to moderating content in other languages — particularly those such as Cambodia’s Khmer, which is complex and spoken by about 18 million people worldwide. That’s a small number when compared with the roughly 1.5 billion who speak English.This issue is a major problem for our own democracy too. During the 2020 and 2022 elections, social media platforms failed spectacularly in quashing hateful and disenfranchising content aimed at the tens of millions of Americans who speak Spanish, Chinese, Korean, Tagalog and a variety of other languages. This resulted in communities of color and groups already marginalized in our political system bearing the brunt of digital hate and purposely false information about these contests. According to my research and work with community leaders, this structural disinformation causes apathy, anger and civic disenchantment among minority voters, and as a result, many don’t show up to vote.The strength of global democracy is tied to the number of countries around the world that truly practice it. And while the leaders of relatively strong democracies like the United States obsess over information technology problems and political spectacle in Washington, they fail to do their duty to protect the less fortunate, both in their own country and elsewhere. This, in turn, lets social media companies off the hook.I recently returned from a lecture tour in Cambodia, where I spoke to more than 12 groups of professional journalists, citizen reporters, scholars, students and activists about the informational and political challenges they face online and offline. All told me that they still use platforms like Facebook and Telegram to coordinate, organize and share information about breaking news and elections.Facebook is especially popular in the country, in part because of its controversial Free Basics program, which offers free internet in a number of developing countries via a constrained number of websites (including, naturally, Facebook). Critics derided this as less a benevolent bid to connect the world and more a heavy-handed effort to “capture more of the market in the name of connectivity.” The promise of social media — that it can be the conduit for communication in countries with controlled media systems — remains true for the people I spoke to in Phnom Penh and Sihanoukville. But this potential is quickly dwindling as people lose faith in the safety of online communication. Meanwhile, Facebook remains a potent means for disseminating propaganda.If Meta, Alphabet and other tech firms do not take swift action to curb state-sponsored trolling, and if policymakers and civil society groups in the United States and other democracies don’t put more pressure on authoritarians like Hun Sen, then Cambodians and many others around the world will lose one of their last means of fighting back. We must speak out about the oppression surrounding the Cambodian election, which takes place on July 23 — and speak out about digital injustice.Samuel Woolley is the author of “Manufacturing Consensus: Understanding Propaganda in the Era of Automation and Anonymity” and a faculty member at the University of Texas at Austin.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