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      Jimmy Carter: I Fear for Our Democracy

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      One year ago, a violent mob, guided by unscrupulous politicians, stormed the Capitol and almost succeeded in preventing the democratic transfer of power. All four of us former presidents condemned their actions and affirmed the legitimacy of the 2020 election. There followed a brief hope that the insurrection would shock the nation into addressing the toxic polarization that threatens our democracy.However, one year on, promoters of the lie that the election was stolen have taken over one political party and stoked distrust in our electoral systems. These forces exert power and influence through relentless disinformation, which continues to turn Americans against Americans. According to the Survey Center on American Life, 36 percent of Americans — almost 100 million adults across the political spectrum — agree that “the traditional American way of life is disappearing so fast that we may have to use force to save it.” The Washington Post recently reported that roughly 40 percent of Republicans believe that violent action against the government is sometimes justified.Politicians in my home state of Georgia, as well as in others, such as Texas and Florida, have leveraged the distrust they have created to enact laws that empower partisan legislatures to intervene in election processes. They seek to win by any means, and many Americans are being persuaded to think and act likewise, threatening to collapse the foundations of our security and democracy with breathtaking speed. I now fear that what we have fought so hard to achieve globally — the right to free, fair elections, unhindered by strongman politicians who seek nothing more than to grow their own power — has become dangerously fragile at home. More

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      Why Republicans Keep Falling for Trump’s Lies

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      When called upon to believe that Barack Obama was really born in Kenya, millions got in line. When encouraged to believe that the 2012 Sandy Hook murder of twenty children and six adults was a hoax, too many stepped up. When urged to believe that Hillary Clinton was trafficking children in the basement of a Washington, D.C., pizza parlor with no basement, they bought it, and one of them showed up in the pizza place with a rifle to protect the kids. The fictions fed the frenzies, and the frenzies shaped the crises of 2020 and 2021. The delusions are legion: Secret Democratic cabals of child abusers, millions of undocumented voters, falsehoods about the Covid-19 pandemic and the vaccine.While much has been said about the moral and political stance of people who support right-wing conspiracy theories, their gullibility is itself alarming. Gullibility means malleability and manipulability. We don’t know if the people who believed the prevailing 2012 conspiracy theories believed the 2016 or 2020 versions, but we do know that a swath of the conservative population is available for the next delusion and the one after that. And on Jan. 6, 2021, we saw that a lot of them were willing to act on those beliefs.The adjective gullible comes from the verb to gull, which used to mean to cram yourself with something as well as to cheat or dupe, to cram someone else full of fictions. “Not doubting I could gull the Government,” wrote Daniel Defoe in 1701, and Hannah Arendt used the word gullible repeatedly in “The Origins of Totalitarianism,” published in 1951. “A mixture of gullibility and cynicism is prevalent in all ranks of totalitarian movements, and the higher the rank the more cynicism weighs down gullibility,” she wrote. That is, among those gulling the public, cynicism is a stronger force; among those being gulled, gullibility is, but the two are not so separate as they might seem.Distinctions between believable and unbelievable, true and false, are not relevant for people who have found that taking up outrageous and disprovable ideas is instead an admission ticket to a community or an identity. Without the yoke of truthfulness around their necks, they can choose beliefs that flatter their worldview or justify their aggression. I sometimes think of this straying into fiction as a kind of libertarianism run amok — we used to say “you’re entitled to your own opinions, but not your own facts.” Too many Americans now feel entitled to their own facts. In this too-free marketplace of ideas, they can select or reject ideas, facts or histories to match their goals, because meaning has become transactional.But gullibility means you believe something because someone else wants you to. You’re buying what they’re selling. It’s often said that the joiners of cults and subscribers to delusions are driven by their hatred of elites. But in the present situation, the snake oil salesmen are not just Alex Jones, QAnon’s master manipulators and evangelical hucksters. They are senators, powerful white Christian men, prominent media figures, billionaires and their foundations, even a president. (Maybe the belief that these figures are not an elite is itself a noteworthy delusion.)It’s true that these leading lights of the right often portray themselves as embattled outsiders. But they’re not; they’re the status quo gone rogue. They are still powerful, still insiders, but something even more potent is changing — you could call it the zeitgeist or the arc of justice or historical momentum or just demographic reality. The world is moving on; those who’d rather it stand still are eager to push narratives depicting these shifts as degeneration and white Christian heterosexual America as profoundly imperiled.A lot of conspiracy theories are organic or at least emerge from true believers on the margins when it comes to topics like extraterrestrials, but those at the top of conservative America have preached falsehoods that further the interest of elites, and those at the bottom have embraced them devoutly. Though when we talk about cults and conspiracies we usually look to more outlandish beliefs, climate denial and gun obsessions both fit this template.Both originated as industry agendas that were then embraced by both right-wing politicians and the right-leaning public. For decades, the fossil fuel industry pumped out ads and reports, and supported lobbyists and front groups misleading the public on the science and import of climate change. The current gun cult is likewise the result of the National Rifle Association and the gun industry pushing battlefield-style weapons and a new white male identity — more paramilitary than rural hunter — along with fear, rage and racist dog whistles. I think of it as a cult, because guns serve first as totems of identity and belonging, and because the beliefs seem counterfactual about guns as sources of safety rather than danger when roughly 60 percent of gun deaths are suicides and self-defense by gun is a surpassingly rare phenomenon.Right-wing political fictions have a long history, from Joe McCarthy’s bluffs about communists in the government to the United Nations’ black helicopters of 1990s paranoia to an endless stream of stories portraying immigrants, Jews, Muslims, gay men then and trans people now as sinister threats. The digital age and then the pandemic caused many of us to withdraw further from contact with people unlike ourselves, and pundits and social media offered those “others” back as phantasms and gargoyles leering at us through the filters.We all have confirmation biases, and of course leftists and moderates have also entertained delusions and paranoia — about extraterrestrials, vaccines and political assassinations, for instance. But mainstream figures in the center and the left are not pushing radically counterfactual stuff akin to the conservative lies about Covid-19, let alone trying to instigate or whitewash the kind of violence we saw on Jan. 6. Democrats operate on the basis of reasonably factual premises and usually accept the authority of science, law and history, while Republicans uninhibitedly push whatever’s most convenient for their goals and incendiary for their base. More

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      Prosecutors Move Quickly on Jan. 6 Cases, but Big Questions Remain

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      In the year since the assault on the Capitol by a pro-Trump mob, more than 700 people have been arrested, with little public indication from the Justice Department of how high the investigation might reach.By almost any measure, the criminal investigation of the Jan. 6 attack on the Capitol is a prosecutorial effort of unparalleled complexity and scope.For an entire year, federal agents in almost every state have been poring over mounting stacks of tipster reports, interviews with witnesses, public social media posts and private messages obtained by warrants. They have also collected nearly 14,000 hours of video — from media outlets, surveillance cameras and police-worn body cameras — enough raw footage that it would take a year and a half of around-the-clock viewing to get through it.While the Justice Department has called the inquiry one of the largest in its history, traditional law enforcement officials have not been acting alone. Working with information from online sleuths who style themselves as “Sedition Hunters,” the authorities have made more than 700 arrests — with little sign of slowing down.The government estimates that as many as 2,500 people who took part in the events of Jan. 6 could be charged with federal crimes. That includes more than 1,000 incidents that prosecutors believe could be assaults.As of this week, more than 225 people have been accused of attacking or interfering with the police that day. About 275 have been charged with what the government describes as the chief political crime on Jan. 6: obstructing Congress’s duty to certify the 2020 presidential vote count. A little over 300 people have been charged with petty crimes alone, mostly trespassing and disorderly conduct.But a big question hangs over the prosecutions: Will the Justice Department move beyond charging the rioters themselves?So far, the department has provided no public indication of the degree to which it might be pursuing a case against former President Donald J. Trump and the circle of his allies who helped inspire the chaos with their baseless claims of election fraud. Attorney General Merrick B. Garland is scheduled to give a speech on Wednesday, one day before the anniversary of the attack on the Capitol, but is not expected to provide any signals about the direction of the department’s investigation. A spokeswoman said he would not address any specific cases or individuals.On Capitol Hill, the House select committee on Jan. 6 is interviewing witnesses and has issued subpoenas to a number of high-profile figures allied with Mr. Trump. And with Mr. Garland and the Justice Department remaining mum about their intentions, members of the committee have signaled a willingness to exert pressure on the department, saying they would consider making criminal referrals if their investigation turns up evidence that could support a prosecution against Mr. Trump or others.Even the prosecutions of those who rioted at the Capitol have presented an array of moral and legal challenges that have bedeviled judges, prosecutors and defense lawyers.Overworked courts have tried to balance the laborious exchange of discovery materials with speedy trial protections and to manage the bleak conditions at Washington’s local jails where some defendants are being held without bail. They have also faced a fundamental, underlying tension: how to mete out justice on an individual level to hundreds of defendants who together helped form a violent mob.Jacob Chansley, the so-called QAnon Shaman, was sentenced to 41 months.Erin Schaff/The New York TimesPleas and SentencesWith rare speed for a large-scale prosecution, more than 160 people — or slightly more than 20 percent of all who have been charged — have pleaded guilty at this point. Of those, not quite half have already been sentenced.A few weeks ago, Robert Palmer, a Florida man who hurled a fire extinguisher at police officers, was sentenced to more than five years in prison, the longest term handed down so far. In November, one of the most familiar figures in the attack — Jacob Chansley, the so-called QAnon Shaman, who breached the Senate floor in a horned helmet with a fur draped over his shoulders — was sentenced to 41 months, a term he is appealing.Beneath the headlines, however, there has been a steady stream of penalties for lower-profile defendants: bricklayers, grandmothers, college students, artists, church leaders and long-haul truckers who, by and large, have admitted to little more than illegally entering the Capitol.Many, if not most, have avoided incarceration, sentenced to probation or stints of home confinement. Others have received only modest sentences, ranging from a few weeks to a few months.In court, those accused of minor crimes have almost always expressed remorse, saying their behavior was foolish, embarrassing or out of character. Some have broken into tears or, in one case, physically collapsed. Others have vowed never to attend a political rally again.Federal judges have taken slightly different positions on how to punish the defendants. Judge Trevor N. McFadden, appointed by Mr. Trump, often prefaces his sentences by calling the events that day “a national embarrassment” — though he has frequently declined to jail petty offenders. Judge Tanya S. Chutkan, an Obama appointee, has often given sentences higher than those requested by the government. Her go-to phrase: “There must be consequences.”Judge Amit P. Mehta told John Lolos, a defendant clearly steeped in election fraud conspiracies, that not only had he been lied to, but those who had done the lying were not “paying the consequences.”“Those who orchestrated Jan. 6 have in no meaningful sense been held accountable,” said Judge Mehta, another Obama appointee. “In a sense, Mr. Lolos, I think you are a pawn.”Prosecutors are using an unusual law to charge many of the rioters: the obstruction of an official proceeding before Congress.Pool photo by Erin SchaffLegal ChallengesFrom the start, prosecutors faced a unique legal problem: Never before had members of Congress been forced from the House and Senate floors while finalizing the transition of presidential power. What law should be used to charge this crime?The government settled on an unusual obstruction law — the obstruction of an official proceeding before Congress. It brought the charge against scores of people believed to have disrupted the democratic process, often alongside more traditional counts of trespassing, vandalism and assault.The obstruction law, which carries a maximum penalty of 20 years in prison, had a few advantages. First, it allowed the authorities to avoid deploying more politically fraught — and harder-to-prove — counts like sedition or insurrection.It also permitted prosecutors to home in on the specific behavior of defendants and judge how much their actions contributed to the chaos that day. If someone went deep into the Capitol, say, or took some other action that helped to chase officials from their duties, chances are they have been charged with an obstruction count.But many defense lawyers have claimed the law was wrongly used.Passed in 2002 as part of the Sarbanes-Oxley Act, which sought to clamp down on corporate malfeasance, the measure was initially intended to prohibit things like shredding documents or tampering with witnesses in congressional inquiries. Defense lawyers have argued that prosecutors have stretched the law beyond its scope and used it to criminalize behavior that too closely resembles ordinary protest protected by the First Amendment.In the past few weeks, however, five federal judges have ruled that the law is valid, and it now seems certain it will be permitted in scores of Jan. 6 prosecutions, including some that will soon go to trial.More than 160 people have pleaded guilty so far to charges stemming from the riot. The first trials are scheduled to begin in February.Erin Schaff/The New York TimesTrials to Begin SoonThe earliest Capitol riot trials are scheduled to begin next month. When the proceedings start, jurors will most likely get a glimpse of how the government believes members of the mob worked together.The first trial, set to begin on Feb. 24, will focus on Robert Gieswein of Colorado, a self-proclaimed militiaman charged with assaulting officers with a chemical spray.Key Figures in the Jan. 6 InquiryCard 1 of 10The House investigation. More

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      Election Falsehoods Surged on Podcasts Before Capitol Riots, Researchers Find

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      A new study analyzed nearly 1,500 episodes, showing the extent to which podcasts pushed misinformation about voter fraud.Weeks before the 2020 presidential election, the conservative broadcaster Glenn Beck outlined his prediction for how Election Day would unfold: President Donald J. Trump would be winning that night, but his lead would erode as dubious mail-in ballots arrived, giving Joseph R. Biden Jr. an unlikely edge.“No one will believe the outcome because they’ve changed the way we’re electing a president this time,” he said.None of the predictions of widespread voter fraud came true. But podcasters frequently advanced the false belief that the election was illegitimate, first as a trickle before the election and then as a tsunami in the weeks leading up to the violent attack at the Capitol on Jan. 6, 2021, according to new research.Researchers at the Brookings Institution reviewed transcripts of nearly 1,500 episodes from 20 of the most popular political podcasts. Among episodes released between the election and the Jan. 6 riot, about half contained election misinformation, according to the analysis.In some weeks, 60 percent of episodes mentioned the election fraud conspiracy theories tracked by Brookings. Those included false claims that software glitches interfered with the count, that fake ballots were used, and that voting machines run by Dominion Voting Systems were rigged to help Democrats. Those kinds of theories gained currency in Republican circles and would later be leveraged to justify additional election audits across the country.Misinformation Soared After ElectionThe share of podcast episodes per week featuring election misinformation increased sharply after the election.

      Note: Among the most popular political talk show podcasts evaluated by Brookings, using a selection of keywords related to electoral fraud between Aug. 20, 2020 and Jan. 6, 2021.Source: The Brookings InstitutionThe New York TimesThe new research underscores the extent to which podcasts have spread misinformation using platforms operated by Apple, Google, Spotify and others, often with little content moderation. While social media companies have been widely criticized for their role in spreading misinformation about the election and Covid-19 vaccines, they have cracked down on both in the last year. Podcasts and the companies distributing them have been spared similar scrutiny, researchers say, in large part because podcasts are harder to analyze and review.“People just have no sense of how bad this problem is on podcasts,” said Valerie Wirtschafter, a senior data analyst at Brookings who co-wrote the report with Chris Meserole, a director of research at Brookings.Dr. Wirtschafter downloaded and transcribed more than 30,000 podcast episodes deemed “talk shows,” meaning they offered analysis and commentary rather than strictly news updates. Focusing on 1,490 episodes around the election from 20 popular shows, she created a dictionary of terms about election fraud. After transcribing the podcasts, a team of researchers searched for the keywords and manually checked each mention to determine if the speaker was supporting or denouncing the claims.In the months leading up to the election, conservative podcasters focused mostly on the fear that mail-in ballots could lead to fraud, the analysis showed.At the time, political analysts were busy warning of a “red mirage”: an early lead by Mr. Trump that could erode because mail-in ballots, which tend to get counted later, were expected to come from Democratic-leaning districts. As ballots were counted, that is precisely what happened. But podcasters used the changing fortunes to raise doubts about the election’s integrity.Election misinformation shot upward, with about 52 percent of episodes containing misinformation in the weeks after the election, up from about 6 percent of episodes before the election.The biggest offender in Brookings’s analysis was Stephen K. Bannon, Mr. Trump’s former adviser. His podcast, “Bannon’s War Room,” was flagged 115 times for episodes using voter fraud terms included in Brookings’ analysis between the election and Jan. 6.“You know why they’re going to steal this election?” Mr. Bannon asked on Nov. 3. “Because they don’t think you’re going to do anything about it.”As the Jan. 6 protest drew closer, his podcast pushed harder on those claims, including the false belief that poll workers handed out markers that would disqualify ballots.“Now we’re on, as they say, the point of attack,” Mr. Bannon said the day before the protest. “The point of attack tomorrow. It’s going to kick off. It’s going to be very dramatic.”Mr. Bannon’s show was removed from Spotify in November 2020 after he discussed beheading federal officials, but it remains available on Apple and Google.When reached for comment on Monday, Mr. Bannon said that President Biden was “an illegitimate occupant of the White House” and referenced investigations into the election that show they “are decertifying his electors.” Many legal experts have argued there is no way to decertify the election.Election Misinformation by PodcastThe podcast by Stephen K. Bannon was flagged for election misinformation more than other podcasts tracked by the Brookings Institution.

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      Episodes sharing electoral misinformation
      Note: Among the most popular political talk show podcasts evaluated by Brookings, using a selection of keywords related to electoral fraud between Aug. 20, 2020 and Jan. 6, 2021.Source: Brookings InstitutionBy The New York TimesSean Hannity, the Fox News anchor, also ranked highly in the Brookings data. His podcast and radio program, “The Sean Hannity Show,” is now the most popular radio talk show in America, reaching upward of 15 million radio listeners, according to Talk Media.“Underage people voting, people that moved voting, people that never re-registered voting, dead people voting — we have it all chronicled,” Mr. Hannity said during one episode.Key Figures in the Jan. 6 InquiryCard 1 of 10The House investigation. More

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      ‘Magic’ Weight-Loss Pills and Covid Cures: Dr. Oz Under the Microscope

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      The celebrity physician, a candidate in Pennsylvania’s Republican primary for Senate, has a long history of dispensing dubious medical advice on his daytime show and on Fox News.A wealth of evidence now shows that the malaria drugs hydroxychloroquine and chloroquine were not effective at treating Covid-19 and carried potential risks.But in the early months of the pandemic, Dr. Mehmet Oz, the celebrity physician with a daytime TV show, positioned himself as one of the chief promoters of the drugs on Fox News. In the same be-the-best-you tone that he used to promote miracle weight-loss cures on “The Dr. Oz Show,” he elevated limited studies that he said showed wondrous promise.His “jaw dropped,” he said, while reviewing one tiny study from France, calling it “a game changer.” In all, Dr. Oz promoted chloroquine and hydroxychloroquine in more than 25 appearances on Fox in March and April 2020.When a Veterans Affairs study showed that Covid-19 patients treated with hydroxychloroquine were more likely to die than untreated patients, that advocacy came to an abrupt halt.“We are better off waiting for the randomized trials” that Dr. Anthony S. Fauci, the nation’s leading infectious disease expert, had been asking for, Dr. Oz told Fox viewers.As Dr. Oz jumped last month into the Republican primary for Senate in Pennsylvania, where his celebrity gives him an important advantage in a crucial race, he tied his candidacy to the politics of the pandemic. He appealed to conservatives’ anger at mandates and shutdowns, and at the “people in charge” who, he said, “took away our freedom.”But the entry into the race of the Cleveland-born heart surgeon, a son of Turkish immigrants who has been the host of “The Dr. Oz Show” since 2009, also brought renewed scrutiny to the blemishes on his record as one of America’s most famous doctors: his long history of dispensing dubious medical advice.In ebullient language, he has often made sweeping claims based on thin evidence, which in multiple cases, like that of hydroxychloroquine, unraveled when studies he relied on were shown to be flawed.Over the years, Dr. Oz, 61, has faced a bipartisan scolding before a Senate committee over claims he made about weight-loss pills, as well as the opposition of some of his physician peers, including a group of 10 doctors who sought his firing from Columbia University’s medical faculty in 2015, arguing that he had “repeatedly shown disdain for science and for evidence-based medicine.” Dr. Oz questioned his critics’ motives and Columbia took no action, saying it did not regulate faculty members’ participation in public discourse.He has warned parents that apple juice contained unsafe levels of arsenic, advice that the Food and Drug Administration called “irresponsible and misleading.” In 2013, he warned women that carrying cellphones in their bras could cause breast cancer, a claim without scientific merit. In 2014, the British Medical Journal analyzed 80 recommendations on Dr. Oz’s show, and concluded that fewer than half were supported by evidence.Two researchers who worked on “The Dr. Oz Show” for a year during a break from medical school in the 2010s said in interviews that the show’s producers had originated most of its topics, often getting their ideas from the internet. But the researchers, whose job was to vet medical claims on the show, said that they had little power to push back, and that they regularly questioned the show’s ethics to one another and discussed quitting in protest.“Our jobs seemed to be endless fighting with producers and being overruled,” said one of the former researchers, both of whom are now physicians and insisted on anonymity because they said they feared that publicly criticizing him could jeopardize their careers.According to the former researchers, the show’s producers conjured an imaginary, typical viewer named “Shirley,” a woman whose children were grown and who had time to focus on herself. The standard advice for many ailments covered on the show — obesity, sluggishness, back pain — was exercise, the researchers said. But there was a quota on how often exercise could be mentioned.Shirley watched daytime TV and didn’t want to exercise, the researchers said they were told.Dr. Oz’s on-air medical advice on both his show and Fox News has taken on greater significance as he enters the political realm. His promotion of hydroxychloroquine grabbed President Donald J. Trump’s attention and contributed to early misinformation about the virus on the right.“Information can harm — that’s the key thing we need to appreciate here,” said Harald Schmidt, an assistant professor of medical ethics and health policy at the University of Pennsylvania. “His track record is pretty concerning. What we’ve seen so far does not instill confidence that this will help reasonable politics.”Dr. Oz, kneeling, rose to fame as a medical expert on Oprah Winfrey’s show.Jemal Countess/ Getty ImagesDr. Oz declined to to be interviewed for this article. His campaign manager, Casey Contres, said in a statement that the doctor had always put patients first and fought the “established grain” in medicine.“Dr. Oz believes it was truly unfortunate that Covid-19 became political and an excuse for the government and many in the corporate media to control the means of communication to suspend debate,” Mr. Contres added. “From the start, therapeutics meant to help with Covid-19 were regularly discounted by the medical establishment, and many great ideas were squashed and discredited.”Over the years, when pressed about offering unproven medical advice, Dr. Oz said his goal was to “empower” Americans to take control of their health. Grilled by senators in 2014 about false claims he made for weight-loss products, he said, “My job on the show, I feel, is to be a cheerleader for the audience.”He also said it was his right to use unscientific language. “When I feel as a host of a show that I can’t use words that are flowery,” he told the senators, “I feel like I’ve been disenfranchised, like my power’s been taken away.”In using the politics of the pandemic to shape his campaign for an open seat — one pivotal to Senate control in the midterms — Dr. Oz may be in tune with primary voters in Pennsylvania. The race has drawn candidates echoing Mr. Trump’s lie that the 2020 election was stolen, including Jeff Bartos, a developer, and Carla Sands, a former ambassador. David McCormick, a hedge-fund executive married to a former Trump administration official, is expected to join the field soon.The criticism Dr. Oz has received over the years for spreading misinformation has done little to tarnish his celebrity, as measured by his long-running TV program, whose distributor announced that the show would end in January when its host departs.Still, misinformation about the coronavirus emanating from the Trump White House and conservative news sites helped politicize the nation’s response to the pandemic, with deadly consequences in many Republican areas of the country.Although Dr. Oz spoke strongly in favor of masks and vaccines on Fox, his championing of unproven treatments early on sharply contradicted infectious-disease experts like Dr. Fauci who urged caution.In Pennsylvania, as around the country, counties that voted by large margins for Mr. Trump in 2020 have had lower vaccination rates and higher death rates from Covid than counties that voted heavily for President Biden.Yet at one point early in the pandemic, he said that reopening schools was an “appetizing opportunity” that might cause the deaths of “only” 2 to 3 percent of the population. He later walked back the statement.“I can’t believe he took the same oath that I did when we graduated,” said Dr. Val Arkoosh, an anesthesiologist and county official in the Philadelphia suburbs who is running in the Democratic primary for Senate. “That oath is about first doing no harm and always putting your patients first. I just think he’s a quack, to be honest.”In reply to Dr. Arkoosh, Mr. Contres said that Dr. Oz had performed thousands of heart surgeries and had “helped countless patients live a better life.”Dr. Oz testifying before the Senate subcommittee on consumer protection in 2014, when senators pressed him on claims he had made about weight-loss pills.Tom Williams/CQ Roll CallIn Dr. Oz’s 2014 appearance before the Senate subcommittee on consumer protection, Claire McCaskill, then a Democratic senator from Missouri, quoted a bit of his TV sales patter back to him: “You may think magic is make-believe, but this little bean has scientists saying they’ve found the magic weight-loss cure for every body type — it’s green coffee extract.”Dr. Oz admitted to the senators that his claims often “don’t have the scientific muster to present as fact.” A study he had cited about green-coffee bean extract was later retracted and described by federal regulators as “hopelessly flawed.” The supplier of the extract paid $3.5 million to settle charges by the Federal Trade Commission.Dr. David Gorski, a surgery professor at Wayne State University and longtime critic of alternative medicine, said Dr. Oz’s emergence as a Fox News authority on the coronavirus was no surprise him.“He could have gone the route of trying to be more reasonable and careful, vetting information, trying to reassure people where the science was still unsettled,” Dr. Gorski said. “But of course, that wouldn’t be Dr. Oz’s brand.”Early in the pandemic, on March 20, 2020, Dr. Oz appeared on several Fox News shows trumpeting what he called “massive, massive news” — a small study by a divisive French researcher, Dr. Didier Raoult, who claimed a 100 percent cure rate after treating coronavirus patients with hydroxychloroquine and azithromycin, or Z-Pak. At the time, with Covid-19 cases and deaths rising rapidly, hydroxychloroquine, an anti-malarial treatment, was being studied in multiple countries and adopted by hospitals without much evidence. Mr. Trump hyped it repeatedly at White House news conferences as part of his effort to minimize the crisis. Dr. Oz communicated with Trump advisers about speeding the drug’s approval to treat Covid. On March 28, the F.D.A. authorized its emergency use. On Fox, Dr. Oz noted that the Raoult study, with just 36 participants, was not a clinical trial, but his enthusiasm overran his caution. The study was the “most impressive bit of news on this entire pandemic front,” he gushed. On April 1, as Dr. Oz called on Gov. Andrew M. Cuomo of New York to lift restrictions on hydroxychloroquine, a public health expert, Dr. Ashish Jha of Brown University, cautioned Fox viewers that “the facts are just not in” on the drug.There was much confusion in the early days of the crisis about how the virus spread and how to slow it, with some expert views reversed by new information. The Raoult study quickly fell apart. Only six patients had received the two-drug combination, all with mild or early infections. One who was reported “virologically cured” on Day 6 was found to have the virus two days later. Six other patients treated only with hydroxychloroquine were omitted from the final results, including one who died and three others who were transferred to intensive care.On April 3, the board of the research journal that initially published the study said it did not meet the “expected standard.” In June 2020, the F.D.A. revoked emergency authorization of hydroxychloroquine to treat Covid-19. That November, the National Institutes of Health concluded that the drug held no benefit in treating Covid-19.By then, Dr. Oz’s once-daily appearances on Fox had tapered off. He was rarely seen on the network this year. But he returned to Sean Hannity’s show on Nov. 30 to announce his candidacy, seizing the opportunity to push back at critics of his medical career.“Doctors are about solutions,” he said. “But instead, people with good ideas are shamed, they’re silenced, they’re bullied, they’re canceled.”Susan C. Beachy More

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      Fox News’ Request to Dismiss Dominion’s Defamation Suit Is Rejected

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      A judge on Thursday rejected an attempt by the Rupert Murdoch-owned Fox News Media to dismiss a $1.6 billion defamation lawsuit brought by Dominion Voting Systems over the network’s coverage of the company’s role in the 2020 presidential election.In the ruling, Judge Eric M. Davis of the Superior Court of Delaware, where Fox is incorporated, wrote that he had denied Fox News Media’s motion to dismiss the lawsuit because it was “reasonably conceivable that Dominion has a claim for defamation.”Dominion, an election technology company, sued Fox News Media in March, accusing it of advancing lies that devastated its reputation and business. More than two dozen states, including several carried by former President Donald J. Trump, made use of Dominion, a Denver company founded in 2002, in last year’s election.Along with another vote tabulating company, Smartmatic, Dominion was at the center of a baseless pro-Trump conspiracy theory about rigged voting machines that gave the election to President Biden. The false claims were promoted by the president and his advisers, including Rudolph Giuliani and Sidney Powell, who appeared on Fox News Channel and Fox Business Network.In May, Fox filed a motion to dismiss the lawsuit, arguing that Dominion’s lawsuit threatened the news media’s First Amendment right to chronicle and assess newsworthy claims.Recent Developments at Fox NewsJan. 6 Texts: Three Fox News hosts texted Mark Meadows during the Jan. 6 riot urging him to tell Donald Trump to try to stop it.Chris Wallace Departs: The anchor’s announcement that he was leaving Fox News for CNN came as right-wing hosts have increasingly set the channel’s agenda.Contributors Quit: Jonah Goldberg and Stephen Hayes quit the network in protest over Tucker Carlson’s “Patriot Purge” special.In his ruling, Judge Davis disputed the arguments put forth by Fox, including that its employees were reporting in a neutral manner on statements made by advisers of the then-president and that claims made on its channels were opinion, and thus constituted protected speech.The judge wrote that he was not persuaded by Fox’s “neutral reportage” and “opinion” arguments. He added that the company either “knew its statements about Dominion’s role in election fraud were false” or that it “had a high degree of awareness that the statements were false.”Judge Davis also noted that Dominion had objected in writing to Fox’s coverage, seemingly to no avail. The allegations made by Dominion in its complaint, he wrote, “support the reasonable inference that Fox intended to keep Dominion’s side of the story out of the narrative.”A Dominion spokeswoman said in a statement: “We are pleased to see this process moving forward to hold Fox accountable.”In a statement on Thursday, a Fox spokeswoman said, “We remain committed to defending against this baseless lawsuit and its all-out assault on the First Amendment.”The 52-page ruling included examples of statements made on shows hosted by Maria Bartiromo, Tucker Carlson, Sean Hannity, Jeanine Pirro and Lou Dobbs, whose Fox Business Network program was canceled in February.The judge wrote that those hosts had provided platforms to people who were spreading the false narrative of election fraud involving Dominion and that the hosts’ own statements sometimes lent weight to the baseless claims. Also figuring in the court’s decision to allow the case to go forward was the fact that other Fox journalists had publicly stated the claims of widespread vote fraud were false.“The nearby presence of dissenting colleagues thus further suggests Fox, through personnel like Mr. Dobbs, was knowing or reckless in reporting the claims,” Judge Davis wrote.Barring a successful appeal of the ruling, Dominion now has the power to compel Fox to produce internal documents related to the issues raised in the suit and to have its employees testify in deposition.Don Herzog, who teaches First Amendment and defamation law at the University of Michigan, said in an interview that Fox faced a decision: It could settle, which might be seen as an admission of wrongdoing, or it could go through the discovery process, which could eventually make its internal communications public.Timothy Zick, a professor at William & Mary Law School who specializes in First Amendment law, said that Fox would be more incentivized to settle the suit than it previously was. “The danger for them is that a lot of embarrassing email correspondence and other documents will come out, if they don’t settle the case,” he said. Mr. Zick added that Dominion might not be willing to settle.The prospect of the publication of Fox’s internal communications concerning its coverage of the 2020 election follows the recent disclosure of text messages sent by its hosts to Mark Meadows, Mr. Trump’s final White House chief of staff, during the Jan. 6 attack on the Capitol. On their shows this week, the hosts Sean Hannity and Laura Ingraham vociferously defended the messages, which made vivid the close relationship between the network and Mr. Trump’s administration. Mr. Hannity and Ms. Ingraham said that nothing in their text messages differed from their public statements.Fox faces another high-stakes legal battle over its election coverage because of a defamation lawsuit filed in February by Smartmatic.The day after Smartmatic filed its suit, Fox Business Network abruptly canceled “Lou Dobbs Tonight.” Mr. Dobbs, a loyal supporter of Mr. Trump, was the host of the channel’s most-watched show.In its suit, Smartmatic cited a false claim made by Ms. Powell on “Lou Dobbs Tonight” that Hugo Chávez, the former president of Venezuela, had a hand in the creation of Smartmatic technology, designing it so that the votes it processed could be changed undetected. (Mr. Chávez, who died in 2013, did not have anything to do with Smartmatic.) Mr. Dobbs had also referred to the supposed vote conspiracy as “cyber Pearl Harbor,” borrowing a phrase that had been used by Ms. Powell. More

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      Jan. 6 Panel Subpoenas Retired Colonel Who Shared Plan to Overturn Election

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      Phil Waldron has been under scrutiny since a 38-page PowerPoint he circulated was turned over to the panel by former President Donald J. Trump’s last chief of staff.WASHINGTON — The House committee investigating the Jan. 6 attack at the Capitol issued a subpoena on Thursday for Phil Waldron, a retired Army colonel with a background in information warfare who had circulated a detailed and extreme plan to overturn the 2020 election.The committee has been scrutinizing Mr. Waldron’s role in spreading false information about the election since a 38-page PowerPoint presentation he circulated on Capitol Hill was turned over to the panel by Mark Meadows, President Donald J. Trump’s last chief of staff, who denied having anything to do with it.“The document he reportedly provided to administration officials and members of Congress is an alarming blueprint for overturning a nationwide election,” Representative Bennie Thompson, Democrat of Mississippi and chairman of the committee, said.Waldron said he had not yet seen the subpoena and declined to comment.The PowerPoint — titled “Election Fraud, Foreign Interference & Options for 6 JAN” — recommended that Mr. Trump declare a national emergency to cling to power and included the false claim that China and Venezuela had obtained control over the voting infrastructure in a majority of states.On Jan. 4, associates of Mr. Waldron spoke to a group of senators and informed them about the allegations of election fraud in the PowerPoint, Mr. Waldron told The New York Times recently in an interview. On Jan. 5, he said, he personally briefed a small group of House members whom he did not identify; that discussion also focused on baseless claims of foreign interference in the election. He said he had made the document available to the lawmakers.Mr. Waldron told The Washington Post that he had contributed to the creation of the document and had visited the White House several times after last year’s election, and spoken with Mr. Meadows “maybe eight to 10 times.”Mr. Waldron, who specialized in psychological influence operations and once was deployed to Iraq, retired from the military in 2016 after 30 years of service. He appears to lead a quieter life these days, describing himself on his LinkedIn page as the founder, forklift driver and floor sweeper at One Shot Distillery and Brewery in Dripping Springs, Texas.Understand the U.S. Capitol RiotOn Jan. 6, 2021, a pro-Trump mob stormed the Capitol.What Happened: Here’s the most complete picture to date of what happened — and why.Timeline of Jan. 6: A presidential rally turned into a Capitol rampage in a critical two-hour time period. Here’s how.Key Takeaways: Here are some of the major revelations from The Times’s riot footage analysis.Death Toll: Five people died in the riot. Here’s what we know about them.Decoding the Riot Iconography: What do the symbols, slogans and images on display during the violence really mean?But almost as soon as the 2020 polls closed, he joined a wide-ranging effort to persuade the public and key Republican politicians that the vote count had been marred by rampant fraud.By mid-November, Mr. Waldron was in contact with Rudolph W. Giuliani, Mr. Trump’s personal lawyer, who at the time was overseeing challenges to the election. Mr. Waldron fed Mr. Giuliani information about alleged attempts by foreign powers to hack American voting machines and about suspected left-wing operatives who were working for the vote tabulation company Dominion Voting Systems. Some of these baseless claims ultimately made their way into federal lawsuits attacking Dominion’s role in the election that were filed by the pro-Trump lawyer Sidney Powell.“Colonel in the military, great war record,” Mr. Giuliani later said of Mr. Waldron in a deposition he gave in a defamation lawsuit brought by a Dominion employee. “I’ve had substantial dealings with him and he’s very, very thorough and very experienced in this kind of work.”Mr. Giuliani said his legal team put up a “big whiteboard” that laid out its strategies while he and fellow lawyers, including Ms. Powell and Jenna Ellis, ran operations as “really active supervisors.”Mr. Giuliani said another lawyer, Boris Epshteyn, was focusing on fraud allegations in Nevada and Arizona, while Mr. Waldron was investigating conspiracies related to Dominion voting machines.“If I were to think of Dominion, I would think of Sidney carrying the ball on that, with everybody else helping, and Phil was the investigator,” Mr. Giuliani said.Mr. Waldron also participated in meetings at the Willard Hotel in Washington, D.C., in early January to plan ways to challenge the election results, according to the committee.Key Aspects of the Jan. 6 InquiryCard 1 of 8The House investigation. More

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      Trump Found Crucial Support in Congress as He Fought to Stay in Power

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      WASHINGTON — Two days after Christmas last year, Richard P. Donoghue, a top Justice Department official in the waning days of the Trump administration, saw an unknown number appear on his phone.Mr. Donoghue had spent weeks fielding calls, emails and in-person requests from President Donald J. Trump and his allies, all of whom asked the Justice Department to declare, falsely, that the election was corrupt. The lame-duck president had surrounded himself with a crew of unscrupulous lawyers, conspiracy theorists, even the chief executive of MyPillow — and they were stoking his election lies.Mr. Trump had been handing out Mr. Donoghue’s cellphone number so that people could pass on rumors of election fraud. Who could be calling him now?It turned out to be a member of Congress: Representative Scott Perry, Republican of Pennsylvania, who began pressing the president’s case. Mr. Perry said he had compiled a dossier of voter fraud allegations that the department needed to vet. Jeffrey Clark, a Justice Department lawyer who had found favor with Mr. Trump, could “do something” about the president’s claims, Mr. Perry said, even if others in the department would not.The message was delivered by an obscure lawmaker who was doing Mr. Trump’s bidding. Justice Department officials viewed it as outrageous political pressure from a White House that had become consumed by conspiracy theories.It was also one example of how a half-dozen right-wing members of Congress became key foot soldiers in Mr. Trump’s effort to overturn the election, according to dozens of interviews and a review of hundreds of pages of congressional testimony about the attack on the Capitol on Jan. 6.Representatives Jim Jordan of Ohio, left, and Scott Perry of Pennsylvania at a rally in Harrisburg, Pa., two days after the 2020 election.Gabriela Bhaskar for The New York TimesThe lawmakers — all of them members of the ultraconservative House Freedom Caucus — worked closely with the White House chief of staff, Mark Meadows, whose central role in Mr. Trump’s efforts to overturn a democratic election is coming into focus as the congressional investigation into Jan. 6 gains traction.The men were not alone in their efforts — most Republican lawmakers fell in line behind Mr. Trump’s false claims of fraud, at least rhetorically — but this circle moved well beyond words and into action. They bombarded the Justice Department with dubious claims of voting irregularities. They pressured members of state legislatures to conduct audits that would cast doubt on the election results. They plotted to disrupt the certification on Jan. 6 of Joseph R. Biden Jr.’s victory.There was Representative Jim Jordan of Ohio, the pugnacious former wrestler who bolstered his national profile by defending Mr. Trump on cable television; Representative Andy Biggs of Arizona, whose political ascent was padded by a $10 million sweepstakes win; and Representative Paul Gosar, an Arizona dentist who trafficked in conspiracy theories, spoke at a white nationalist rally and posted an animated video that depicted him killing Representative Alexandria Ocasio-Cortez, Democrat of New York.Representatives Paul Gosar of Arizona, left, and Louie Gohmert of Texas spoke at a news conference this month expressing concerns about the treatment of those who had stormed the Capitol on Jan. 6.T.J. Kirkpatrick for The New York TimesThey were joined by Representative Louie Gohmert of Texas, who was known for fiery speeches delivered to an empty House chamber and unsuccessfully sued Vice President Mike Pence over his refusal to interfere in the election certification; and Representative Mo Brooks of Alabama, a lawyer who rode the Tea Party wave to Congress and was later sued by a Democratic congressman for inciting the Jan. 6 riot.Mr. Perry, a former Army helicopter pilot who is close to Mr. Jordan and Mr. Meadows, acted as a de facto sergeant. He coordinated many of the efforts to keep Mr. Trump in office, including a plan to replace the acting attorney general with a more compliant official. His colleagues call him General Perry.Mr. Meadows, a former congressman from North Carolina who co-founded the Freedom Caucus in 2015, knew the six lawmakers well. His role as Mr. Trump’s right-hand man helped to remarkably empower the group in the president’s final, chaotic weeks in office.In his book, “The Chief’s Chief,” Mr. Meadows insisted that he and Mr. Trump were simply trying to unfurl serious claims of election fraud. “All he wanted was time to get to the bottom of what really happened and get a fair count,” Mr. Meadows wrote.Congressional Republicans have fought the Jan. 6 committee’s investigation at every turn, but it is increasingly clear that Mr. Trump relied on the lawmakers to help his attempts to retain power. When Justice Department officials said they could not find evidence of widespread fraud, Mr. Trump was unconcerned: “Just say that the election was corrupt + leave the rest to me and the R. Congressmen,” he said, according to Mr. Donoghue’s notes of the call.Rudolph W. Giuliani, Mr. Trump’s personal lawyer, promoted several conspiracy theories as he fought the electoral process.Erin Schaff/The New York TimesNovemberOn Nov. 9, two days after The Associated Press called the race for Mr. Biden, crisis meetings were underway at Trump campaign headquarters in Arlington, Va.Understand the U.S. Capitol RiotOn Jan. 6, 2021, a pro-Trump mob stormed the Capitol.What Happened: Here’s the most complete picture to date of what happened — and why.Timeline of Jan. 6: A presidential rally turned into a Capitol rampage in a critical two-hour time period. Here’s how.Key Takeaways: Here are some of the major revelations from The Times’s riot footage analysis.Death Toll: Five people died in the riot. Here’s what we know about them.Decoding the Riot Iconography: What do the symbols, slogans and images on display during the violence really mean?Mr. Perry and Mr. Jordan huddled with senior White House officials, including Mr. Meadows; Stephen Miller, a top Trump adviser; Bill Stepien, the campaign manager; and Kayleigh McEnany, the White House press secretary.According to two people familiar with the meetings, which have not been previously reported, the group settled on a strategy that would become a blueprint for Mr. Trump’s supporters in Congress: Hammer home the idea that the election was tainted, announce legal actions being taken by the campaign, and bolster the case with allegations of fraud.At a news conference later that day, Ms. McEnany delivered the message.“This election is not over,” she said. “Far from it.”Mr. Jordan’s spokesman said that the meeting was to discuss media strategy, not to overturn the election.On cable television and radio shows and at rallies, the lawmakers used unproved fraud claims to promote the idea that the election had been stolen. Mr. Brooks said he would never vote to certify Mr. Trump’s loss. Mr. Jordan told Fox News that ballots were counted in Pennsylvania after the election, contrary to state law. Mr. Gohmert claimed in Philadelphia that there was “rampant” voter fraud and later said on YouTube that the U.S. military had seized computer servers in Germany used to flip American votes.Mr. Gosar pressed Doug Ducey, the Republican governor of Arizona, to investigate voting equipment made by Dominion Voting Systems, a company at the heart of several false conspiracy theories that Mr. Trump and his allies spread.Mr. Trump’s supporters protested at the Maricopa County Recorder’s Office in Phoenix as ballots were being counted in November 2020.Adriana Zehbrauskas for The New York TimesMr. Gosar embraced the fraud claims so closely that his chief of staff, Tom Van Flein, rushed to an airplane hangar parking lot in Phoenix after a conspiracy theory began circulating that a suspicious jet carrying ballots from South Korea was about to land, perhaps in a bid to steal the election from Mr. Trump, according to court documents filed by one of the participants. The claim turned out to be baseless.Mr. Van Flein did not respond to detailed questions about the episode.Even as the fraud claims grew increasingly outlandish, Attorney General William P. Barr authorized federal prosecutors to look into “substantial allegations” of voting irregularities. Critics inside and outside the Justice Department slammed the move, saying it went against years of the department’s norms and chipped away at its credibility. But Mr. Barr privately told advisers that ignoring the allegations — no matter how implausible — would undermine faith in the election, according to Mr. Donoghue’s testimony.And in any event, administration officials and lawmakers believed the claims would have little effect on the peaceful transfer of power to Mr. Biden from Mr. Trump, according to multiple former officials.Mainstream Republicans like Senator Mitch McConnell of Kentucky, the majority leader, said on Nov. 9 that Mr. Trump had a right to investigate allegations of irregularities, “A few legal inquiries from the president do not exactly spell the end of the Republic,” Mr. McConnell said.Mr. Gohmert unsuccessfully sued Vice President Mike Pence, center, in an attempt to force him to nullify the election results.Stefani Reynolds for The New York TimesDecemberOn Dec. 1, 2020, Mr. Barr said publicly what he knew to be true: The Justice Department had found no evidence of widespread election fraud. Mr. Biden was the lawful winner.The attorney general’s declaration seemed only to energize the six lawmakers. Mr. Gohmert suggested that the F.B.I. in Washington could not be trusted to investigate election fraud. Mr. Biggs said that Mr. Trump’s allies needed “the imprimatur, quite frankly of the D.O.J.,” to win their lawsuits claiming fraud.They turned their attention to Jan. 6, when Mr. Pence was to officially certify Mr. Biden’s victory. Mr. Jordan, asked if the president should concede, replied, “No way.”The lawmakers started drumming up support to derail the transfer of power.Mr. Gohmert sued Mr. Pence in an attempt to force him to nullify the results of the election. Mr. Perry circulated a letter written by Pennsylvania state legislators to Mr. McConnell and Representative Kevin McCarthy of California, the House Republican leader, asking Congress to delay certification. “I’m obliged to concur,” Mr. Perry wrote.Mr. Meadows remained the key leader. When disputes broke out among organizers of the pro-Trump “Stop the Steal” rallies, he stepped in to mediate, according to two organizers, Dustin Stockton and Jennifer Lynn Lawrence.In one case, Mr. Meadows helped settle a feud about whether to have one or two rallies on Jan. 6. The organizers decided that Mr. Trump would make what amounted to an opening statement about election fraud during his speech at the Ellipse, then the lawmakers would rise in succession during the congressional proceeding and present evidence they had gathered of purported fraud.(That plan was ultimately derailed by the attack on Congress, Mr. Stockton said.)Mr. Trump at the rally outside the White House on Jan. 6. “We fight like hell, and if you don’t fight like hell, you’re not going to have a country anymore,” he told his supporters.Pete Marovich for The New York TimesOn Dec. 21, Mr. Trump met with members of the Freedom Caucus to discuss their plans. Mr. Jordan, Mr. Gosar, Mr. Biggs, Mr. Brooks and Mr. Meadows were there.“This sedition will be stopped,” Mr. Gosar wrote on Twitter.Asked about such meetings, Mr. Gosar’s chief of staff said the congressman and his colleagues “have and had every right to attend rallies and speeches.”“None of the members could have anticipated what occurred (on Jan. 6),” Mr. Van Flein added.Mr. Perry was finding ways to exert pressure on the Justice Department. He introduced Mr. Trump to Mr. Clark, the acting head of the department’s civil division who became one of the Stop the Steal movement’s most ardent supporters.Then, after Christmas, Mr. Perry called Mr. Donoghue to share his voter fraud dossier, which focused on unfounded election fraud claims in Pennsylvania.“I had never heard of him before that day,” Mr. Donoghue would later testify to Senate investigators. He assumed that Mr. Trump had given Mr. Perry his personal cellphone number, as the president had done with others who were eager to pressure Justice Department officials to support the false idea of a rigged election.Key Aspects of the Jan. 6 InquiryCard 1 of 8The House investigation. More