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      MyPillow C.E.O. Mike Lindell Sued Over Election Fraud Claims

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      AdvertisementContinue reading the main storyWhite House Adjusts Rules to Encourage More Loans for Tiny Businesses: Live UpdatesDominion sues Mike Lindell, the MyPillow chief, over election fraud claims.Feb. 22, 2021, 8:45 a.m. ETFeb. 22, 2021, 8:45 a.m. ETSeveral retailers have stopped selling MyPillow’s products in recent weeks. Twitter has suspended his account.Credit…Alex Brandon/Associated PressDominion Voting Systems sued Mike Lindell, the chief executive of MyPillow, on Monday, alleging that he defamed Dominion with baseless claims of election fraud involving its voting machines; it is seeking more than $1.3 billion in damages.The complaint, filed in the United States District Court for the District of Columbia, alleges that Mr. Lindell “exploited” false claims about election fraud to support sales of his own business. Representatives for MyPillow could not immediately be reached to comment on the suit.“Lindell — a talented salesman and former professional card counter — sells the lie to this day because the lie sells pillows,” the suit states, arguing that the company’s “defamatory marketing campaign” — with promo codes like “FightforTrump” and “QAnon” — increased MyPillow sales by 30 percent to 40 percent.The company says it wrote to Mr. Lindell “multiple times,” putting him on “formal written notice of the facts” and informing him of “death threats” its employees have received.“Instead of retracting his lies, Lindell — a multimillionaire with a nearly unlimited ability to broadcast his preferred messages on conservative media — whined that he was being ‘censored’ and ‘attacked’ and produced a ‘docu-movie’ featuring shady characters and fake documents sourced from dark corners of the internet,” the suit states.Several retailers, including Bed Bath & Beyond and Kohl’s have stopped selling the company’s products in recent weeks. Twitter has permanently suspended his account.Defamation suits against individuals and networks who shared former President Donald J. Trump’s election conspiracies have become a new front in the war against misinformation.Dominion also filed defamation suits last month against two of the former president’s lawyers, Rudolph W. Giuliani and Sidney Powell. Another voter technology firm, Smartmatic, filed its defamation suit against Rupert Murdoch’s Fox empire in early February, saying its anchors Lou Dobbs, Maria Bartiromo and Jeanine Pirro harmed its business and reputation. Fox has filed a motion to dismiss that suit.AdvertisementContinue reading the main story More

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      How Investigative Journalism Flourished in Hostile Russia

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      #masthead-section-label, #masthead-bar-one { display: none }Aleksei NavalnyNavalny’s Life in OppositionKremlin AnxietyCourt DecisionWhat Will Yulia Navalnaya Do?Putin’s ‘Palace’AdvertisementContinue reading the main storySupported byContinue reading the main storythe media equationHow Investigative Journalism Flourished in Hostile RussiaA new wave of news outlets has used conventional, and unconventional, methods to pierce the veil of Putin’s power.Roman Dobrokhotov, the founder of The Insider, one of a wave of new investigative news outlets in Russia, said that Russia “is possibly the most transparent country in the world.”Credit…Pierre Crom/Getty ImagesFeb. 21, 2021Updated 5:25 p.m. ETThe Russian language has introduced a few words that in recent years have been widely used and misused in English: disinformation, kompromat, Novichok.But the one that blows my mind is “probiv.” It’s drawn from the word that means “to pierce” — or to enter something into a search bar. Today, it refers to the practice by which anyone can buy, for a couple of dollars on the social media app Telegram or hundreds on a dark web marketplace, the call records, cellphone geolocation or air travel records of anyone in Russia you want to track. Probiv is purchased by jealous spouses or curious business partners, and criminals of various sorts. But it has also been used recently, and explosively, by journalists and political activists, overlapping categories in Russia, where the chief opposition leader, Aleksei A. Navalny, often makes use of the tools of investigative journalism.Probiv is only one of the factors that have made Russia, of all places, the most exciting place in the world for investigative journalism. There is a new wave of outlets, many using more conventional sourcing to pierce the veil of President Vladimir V. Putin’s power. And there is a growing online audience for their work in a country where the state controls, directly or indirectly, all of the major television networks.The boom in independent journalism and criticism of the government has reached a level “unseen in our country since the end of the 1990s,” Denis Volkov, the deputy director of the Levada Center, a Russian public opinion research group, wrote recently.Probiv has been a crucial part of that revival. The practice was at the heart of a stunning revelation late last year by the international investigative collective Bellingcat, working with the Russian site The Insider and other partners, identifying the agents from a secret Russian spy unit who poisoned Mr. Navalny. A reporter spent “a few hundred euros worth of cryptocurrency” for a trove of data. Then, in a riveting piece of theater, Mr. Navalny, working with Bellingcat, called one of those agents, pretending to be a senior government official, and tricked him into a confession. When Mr. Navalny returned to Russia after his treatment in Germany, he was promptly jailed for a parole violation in a case he has called fabricated, and now faces transport to a penal colony.The irony is delicious, of Mr. Putin seeing his own tools of corruption and surveillance turned against him by the underpaid police and intelligence officials who put the secrets up for sale. “Whatever Putin does keeps backfiring,” said Maria Pevchikh, who runs the investigative unit at Mr. Navalny’s Anti-Corruption Foundation.Aleksei Navalny, the chief opposition leader to President Vladimir Putin, at a court hearing in Moscow this month. He faces transport to a penal colony.Credit…Babushkinsky District CourtProbiv is almost exclusively a Russian phenomenon. When Roman Dobrokhotov, who founded The Insider in 2013, was in Kyiv a couple of years ago, he said he asked a local journalist where he could find the phone records for someone he was researching and was surprised to learn that wasn’t a common practice. He said he realized that “Russia is possibly the most transparent country in the world,” adding, “If you have 10 bucks, you can find any information on anyone.”The New York Times and some other major Western outlets don’t use probiv, on the principle that you shouldn’t pay for stolen information. Many Russian journalists debate the ethics and legality of it as well. Bellingcat’s probiv maestro, Christo Grozev, has said he spent his own money — the independent news site Meduza estimated it at more than $13,000 — unmasking murderous Russian spies. (He told The Washington Post that his vendor assumed he was a criminal, and was horrified to learn he was a journalist.) Mr. Dobrokhotov said he wouldn’t buy probiv himself, but had analyzed the data Mr. Grozev purchased. (CNN and Der Spiegel also collaborated on the investigation of Mr. Navalny’s poisoning.) Other reporters said it’s routine to use for research, but not to cite in a finished article. But for some, those norms are shifting, too.“The audience doesn’t care whether you bought data or got it from a source,” said Roman Anin, the founder of iStories, a nonprofit Russian investigative site with a staff of 15. He said he had concluded that “since we live in a country where authorities are killing opposition leaders, let’s forget about these rules, because these stories are more important than our ethical rules.”A bot on Telegram that offers to identify the owner of any car.Credit…The New York TimesThat portal into Vladimir Putin’s world has opened even as some American journalists covering Russian interference in the 2016 election produced overheated essays and viral Twitter threads. They cast Mr. Putin, in the American imagination, as an all-powerful puppet master and everyone whose name ends in the letter “v” as his agent. But it was actual Russians, running their websites on the margins of legality or from abroad, who opened windows into Mr. Putin’s real Russia. And what they’ve uncovered is unbelievable personal corruption, shadowy figures behind international political interference and murderous but sometimes inept security services.Here are a few examples of these revelations:The investigative nonprofit outlet Proekt identified Mr. Putin’s “secret family,” and found that the woman it linked to the president had acquired some $100 million in wealth from sources tied to the Russian state.IStories used a trove of hacked emails to document how Mr. Putin’s former son-in-law built a huge fortune out of state connections.Bellingcat, which was founded in London, and the Russia-based Insider identified, by name and photograph, the Russian agents who poisoned the defector Sergei Skripal and his daughter in England in 2018.The media group RBC delved into the political machinery behind the troll farm interfering in U.S. elections.Meduza exposed deep corruption in all corners of the Moscow city government, down to the funeral business.Mr. Navalny’s foundation flew drones over Mr. Putin’s palace, a vast estate on the Black Sea that Mr. Navalny labeled “the World’s Biggest Bribe” in a scathing, mocking nearly two-hour video he released on his return to Russia last month. The video has been viewed more than 100 million times on YouTube.There’s a tendency in parts of the American media right now to reflexively decry the rise of alternative voices and open platforms on social media, seeing them solely as vectors for misinformation or tools of Donald J. Trump. Russia is a potent reminder of the other side of that story, the power of these new platforms to challenge one of the world’s most corrupt governments. That’s why, for instance, Mr. Navalny was a vocal critic of Twitter’s decision to ban Mr. Trump, calling it an “unacceptable act of censorship.”The new Russian investigative media is also resolutely of the internet. And much of it began with Mr. Navalny, a lawyer and blogger who created a style of YouTube investigation that draws more from the lightweight, meme-y formats of that platform than from heavily produced documentaries or newsmagazine investigations.Mr. Navalny doesn’t cast himself as a journalist. “We are using investigative reporting as a tool to achieve our political ends,” his aide, Ms. Pevchikh, said. (One convention they don’t follow: getting comment from the target of an investigation.) Indeed, his relationship with the independent journalists can be complicated. Most are careful to maintain their identity as independent actors, not activists. They criticize him, but also message him their stories, hoping he’ll promote them to his own vast audience, and he publicly criticizes them, in turn, for being too soft on the Kremlin.The new news outlets learned from Mr. Navalny as well. Many of them have imitated his style on YouTube. And he proved that certain lines could be crossed. What’s more, they all undoubtedly benefit from the homogeneity of the television networks. Imagine how much YouTube you would watch if the only news channels available were Fox News, Newsmax and OAN.The traffic they see online also tells them they’re connecting.For Roman Badanin, the founder of Proekt, reporting on Mr. Putin’s hidden life has been a career-long obsession.Credit…James Hill for The New York Times“I see the numbers and I think that all this is not in vain,” said Roman Badanin, the founder of Proekt, for whom Mr. Putin’s hidden life has been a career-long obsession. (A confusingly high percentage of the founders of these new outlets are named Roman.) In a particularly surreal moment this month, the young woman who Proekt suggested was Mr. Putin’s daughter said — in a conversation on the social audio app Clubhouse with the reporter who wrote the article — that she was “grateful” for all the attention his reporting had brought … to her Instagram account.Mr. Badanin, who modeled Proekt on the American nonprofit news organization ProPublica, said he had begun to see another sign of intense interest: financial support from his audience. About a third of the budget that supports a staff of 12, he said, now comes from donations averaging $8, mirroring the global trend toward news organizations relying on their readers. In Russia, some of this is still nascent. For instance, a colleague in Russia, Anton Troianovski, tells me that there’s a cafe near the Kurskaya Metro station where you can add to your bill a donation to MediaZona, which was founded by two members of the protest group Pussy Riot to hold the Russian justice system to account. But the protests against Mr. Navalny’s imprisonment also seem to be driving support for independent media, a phenomenon that The Bell, another of the new independent websites, christened “the Navalny Effect.”That might help these outlets navigate a narrowing legal window in Mr. Putin’s decades-long game of cat-and-mouse with independent journalism. (The government is also struggling to balance its citizens’ love of the open internet with the threat it can pose to government power.)Many of the new outlets, along with BBC Russia, have drawn talent from a previous wave of independent voices that the government effectively put out of the investigations business. Some of the new outlets, like the Latvia-based Meduza, have their operations abroad. But many are incorporated overseas, even as their journalists live and work in Moscow. Some subsist on grants whose sources they keep confidential — a vulnerability the Russian government appears likely to exploit under a new law broadening restrictions on what it considers “foreign agents.”MediaZona’s editor, Sergei Smirnov, center, at a hearing at the Moscow City Court this month. He was arrested for retweeting a joke with an image that included the date and time of a protest.Credit…Moscow City Court Press OfficeIndeed, the sense of possibility is rivaled only by the sense of menace. Virtually every journalist I spoke to in Russia said they expected this period to end at any moment. In a particularly ominous sign, police arrested the editor of MediaZona, Sergei Smirnov, on Jan. 30 for retweeting a joke with an image that included the date and time of a protest. He was sentenced to 15 days in jail for violating the rules on holding public events, and journalists debated whether it was an incompetent mistake or a deliberate warning to his peers.“To be an independent journalist in Russia is like being a lobster in a pot,” said Meduza’s editor in chief, Ivan Kolpakov. “They are boiling you, but you don’t know exactly when you will die.”AdvertisementContinue reading the main story More

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      Michigan Republicans Who Voted to Impeach Trump Face Backlash

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      #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyOn Trump, Michigan Republicans Lean One Way: ‘Fealty at All Costs’Even after his defeat, Donald Trump is causing fierce infighting among Republicans in a crucial battleground state. Loyalists are rewarded. Dissenters face punishment.Representative Peter Meijer, Republican of Michigan, has confronted significant blowback in his state over his vote to impeach former President Donald J. Trump.Credit…Anna Moneymaker for The New York TimesFeb. 16, 2021Updated 5:18 p.m. ETROCKFORD, Mich. — When Representative Peter Meijer voted to impeach Donald J. Trump in January, making him one of 10 House Republicans who bucked their party, he bluntly acknowledged that “it may have been an act of political suicide.”This month, during Mr. Meijer’s first town hall event since that impeachment vote, some of his constituents made clear to the newly elected congressman that they shared his assessment — not that Mr. Trump had committed an impeachable act by helping incite a riot at the Capitol, but that crossing him was an unforgivable sin.“I went against people who told me not to vote for you, and I’ve lost that belief,” said Cindy Witke, who lives in Mr. Meijer’s district, which is anchored by Grand Rapids and small communities like this one in Western Michigan.Nancy Eardley, who spoke next, urged Mr. Meijer to stop saying the election had not been stolen. She said he had “betrayed” his Republican base.“I could not have been more disappointed,” Ms. Eardley said. “I don’t think that there’s much you can say that will ever change my mind into not primarying you out in two years.”Mr. Trump’s acquittal on Saturday in his impeachment trial served as the first test of his continuing influence over Republicans, with all but seven senators in the party voting against conviction. But in Michigan, one of the key battleground states Mr. Trump lost in the November election — and home to two of the 10 House Republicans who supported impeaching him — there are growing signs of a party not in flux, but united in doubling down on the same themes that defined Mr. Trump’s political style: conspiracy theories, fealty to the leader, a web of misinformation and intolerance.Recent elections in the statewide Republican Party have led to the elevation of Meshawn Maddock, a conservative activist who helped organize busloads of Michiganders to travel to Washington on Jan. 6, the day of the Capitol attack. Mike Shirkey, the majority leader in the State Senate and Michigan’s top elected Republican, was caught on a hot microphone arguing that the riot was “staged” and a “hoax,” a debunked conspiratorial claim now popular among Mr. Trump’s supporters. And, in a vivid indication of a divided state, an attempt by local Republicans to censure Mr. Meijer for supporting impeachment deadlocked, 11 to 11.In the state’s Sixth District, which hugs Lake Michigan, two county branches of the G.O.P. have already voted to condemn Representative Fred Upton, a veteran Republican who also backed impeachment.Victor Fitz, a prosecutor and Republican official in Cass County who supported efforts to censure Mr. Upton, said the current divide between the party’s base and its establishment wing was the biggest he had ever seen.“There’s deep disappointment” with Mr. Upton, Mr. Fitz said. “And to be frank and honest with you, I think that there are some who believe, you know, he crossed the Rubicon with this vote.”With loyalty to Mr. Trump as the all-encompassing point of dispute, Republicans are struggling with the idea of the proverbial big tent, and politicians like Mr. Upton and Mr. Meijer are at the forefront of the conflict. In the months since Election Day, as the president attacked the democratic process and a mob descended on the seat of American government in his name, the dangers of walking in his political shadow have rarely been more clear. However, what’s also clear is that his party shows little desire to break with him or his grievances.The outcome of this tug of war will decide the direction of a party that is shut out of control in Congress and the White House, and must focus on making electoral gains in the 2022 midterm elections. The G.O.P. tent has made room for conspiracy theories like birtherism and QAnon, as well as for extremist elected officials like Representative Marjorie Taylor Greene of Georgia. Is there room for anti-Trumpers?The Michigan Republican Party is “more Trumpy today than it was before the election,” said Jeff Timmer, a former executive director of the Michigan Republican Party. The former president’s electoral coalition failed, he said, but its adherents are so vehement in their beliefs that the party cannot acknowledge or learn from its mistakes.“That’s why Trumpism will continue long after Trump. People who weren’t around four years ago,” he said, “people we had never heard of, they now control the levers of the party.”He added: “When you make a deal with the devil, the story usually ends with the devil collecting your soul. You don’t get it back and have a happy ending.”Places like Western Michigan are a bellwether for conservatism, reflecting the Republican Party’s trajectory from a political coalition defined by Gerald Ford and Ronald Reagan to one centered on Mr. Trump. With opposition to big government running deep and the decline of manufacturing leaving deep scars, this region of the state has also come to have a libertarian bent and independent streak, as evidenced by former Representative Justin Amash, a prominent Trump critic.During interviews, business stops and the virtual town hall event, Mr. Meijer has tried to explain his impeachment vote with a similar sense of principle. He responds to his Republican detractors with grace, and calmly points to the lack of evidence for Mr. Trump’s claims of voter fraud. He opened the town hall by describing the immense fear he and other lawmakers felt during the mob violence in January.“This was a moment when we needed leadership and the president, in my opinion, did not provide that,” he said of Mr. Trump.Still, the ground is shifting beneath Mr. Meijer’s feet, party officials in Michigan warn, including some in his own district, the Third Congressional. Angry people leave messages of “traitor” in response to his social media posts. News outlets supportive of Mr. Trump have needled Mr. Meijer and other Republican incumbents who backed impeachment by highlighting their primary challengers. What’s more, the vision of Mr. Trump lives on: Many in the party want to look backward at grievances like perceived election fraud, rather than focus on the next election cycle and reaching out to the swing voters he lost.Meshawn Maddock at a Women For Trump wine and cheese party in White Lake, Mich., in September. Last month she helped organize busloads of Michiganders to travel to Washington on Jan. 6.Credit…Ruth Fremson/The New York TimesPeople like Mr. Timmer have pleaded with the party to address the suburban drift toward Democrats, which has plagued Republicans across the country. Ms. Maddock and others have zeroed in on unfounded claims of election fraud. Her husband, a member of the Michigan Legislature, and other state lawmakers signed a brief asking the Supreme Court to give state elected officials the power to overturn the election results..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Several Republican officials in Michigan, including Ms. Maddock, Mr. Shirkey and the recently elected state G.O.P. chair, Ron Weiser, did not respond to multiple requests for comment for this article. Mr. Upton and Mr. Meijer declined interviews, and several county and local officials who voted to censure the elected officials also would not comment.The collective public silence of many Republican leaders in Michigan signals a party walking on eggshells, without a clear leader or uniting ideology. Mr. Weiser is a member of the University of Michigan’s Board of Regents and a powerful Republican donor, but he needed the early backing of Ms. Maddock as a conduit to the Trump-supporting grass roots.Mr. Meijer already faces a primary challenger, though he is still considered the favorite. Several state Republicans in Mr. Upton’s orbit brought up the possibility that he would retire rather than embark on a potentially bruising re-election campaign.The ascension of Republicans who were in Washington for Jan. 6 or who vocally supported Mr. Trump’s claims of election fraud, like Ms. Maddock, has roiled a state with a rich history of business-friendly Republicans in the mold of former President Gerald Ford, the state’s native son.Tony Daunt, a Republican official who has served as an election watchdog and has advised the state’s Republican leaders, said he was holding out hope that the party would break from using Trump loyalty as a litmus test.“I think with the right type of leadership, the people we need would eagerly come back into the fold,” Mr. Daunt said. “There are some good things from the Trump administration and even from Trump’s political instincts that are worth bringing into the Republican camp. But Donald Trump isn’t the vehicle or the messenger for that.”Jason Watts is not as confident. An elections official in Allegan County and party treasurer in the Sixth Congressional District, he has seen the party change to a point where it now seems unrecognizable, he said. He doubts that the necessary leadership is coming.Jason Watts, a county elections official and Republican Party treasurer in the Sixth Congressional District, expressed doubt that the Republican Party would move beyond Trumpism. Credit…Erin Kirkland for The New York Times“I almost feel like I’m a person without a home,” Mr. Watts said. “Because you can change the candidate, but until we’re willing to deal with ourselves as a party, we’re going to wallow in this defeat for a few cycles.”Mr. Watts also has a secret to reveal: He never voted for Mr. Trump, even as he helped organize more than 15,000 yard signs for the Republican ticket in the county. In 2016, he supported Gov. John Kasich of Ohio in the primary and the long-shot independent candidate Evan McMullin in the general election. This year, Mr. Watts voted for the Libertarian nominee — a silent expression of discomfort with the former president that he has made public only since the Capitol attack.Does he wish he had spoken up earlier?“I just felt that if I muddled through, it was a brief storm that would pass,” Mr. Watts said. “But this undertone of hatred, this fealty at all costs, it’s going to damage us.”And what happens now?“If they are mad, so be it,” he said. “They can vote me out in two years.”AdvertisementContinue reading the main story More

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      Fact-Checking Trump's Lawyers on Day 4 of Impeachment Trial

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      #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentFriday’s HighlightsDay 4: Key TakeawaysWhat Is Incitement?Trump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyFact CheckTrump’s Lawyers Repeated Inaccurate Claims in Impeachment TrialThe three members of the former president’s legal team made a number of misleading or false claims about the events of Jan. 6, antifa, the impeachment process and voter fraud.Former President Donald J. Trump’s defense lawyers Bruce L. Castor Jr. and Michael van der Veen arriving at the Capitol on Friday.Credit…Jason Andrew for The New York TimesFeb. 12, 2021Updated 7:52 p.m. ETAs they mounted their defense of the former president on Friday, Donald J. Trump’s lawyers made a number of inaccurate or misleading claims about the Jan. 6 riot at the Capitol, Mr. Trump’s remarks, the impeachment process and 2020 election. Many claims were echoes of right-wing talking points popularized on social media or ones that were spread by Mr. Trump himself.Here’s a fact check.Mr. Trump’s lawyers were misleading about what happened on Jan. 6.What Was Said“Instead of expressing a desire that the joint session be prevented from conducting its business, the entire premise of his remarks was that the democratic process would and should play out according to the letter of the law.” — Michael van der Veen, lawyer for Mr. TrumpFalse. In his speech on Jan. 6 and before, Mr. Trump repeatedly urged former Vice President Mike Pence to reject the certification of the Electoral College votes, saying Mr. Pence should “send it back to the States to recertify.” Mr. Trump continued his speech on Jan. 6 saying he was “challenging the certification of the election.”What Was Said“Far from promoting insurrection of the United States, the president’s remarks explicitly encouraged those in attendance to exercise their rights peacefully and patriotically.” — Mr. van der VeenThis is exaggerated. Mr. Trump used the phrase “peacefully and patriotically” once in his speech, compared with 20 uses of the word “fight.”What Was Said“As everyone knows, the president had spoken at hundreds of large rallies across the country over the past five years. There had never been any moblike or riotous behaviors.” — Mr. van der VeenThis is misleading. While no other Trump rally has led to a siege of the Capitol, there have been episodes of violence, sometimes encouraged by the president. Less than two months before the riot on Jan. 6, Mr. Trump waved to supporters who had gathered in Washington to protest his election loss and who later violently clashed with counterprotesters. Previously, other supporters had attacked counterprotesters, and in one case a BBC cameraman, at several Trump rallies. Mr. Trump called one victim “disgusting” and offered to pay the legal fees of a supporter who had punched a protester.What Was Said“Given the timeline of events, the criminals at the Capitol weren’t there at the Ellipse to even hear the president’s words. They were more than a mile away engaged in their preplanned assault on this very building.” — Bruce L. Castor Jr., another lawyer for Mr. TrumpThis is misleading. It is true that the Capitol was first breached before Mr. Trump had concluded his remarks, but this does not rule out the possibility that some rioters were inspired by his speech. In fact, several have said that they were.For example, Robert L. Bauer, who had attended Mr. Trump’s rally on Jan. 6 and entered the Capitol, told law enforcement that when Mr. Trump told the crowd to march to the Capitol (about 16 minutes into his speech), many heeded those words. Mr. Bauer “reiterated that he marched to the U.S. Capitol because President Trump said to do so,” according to a criminal complaint.Mr. Castor’s reasoning that Mr. Trump could not have incited the crowd to riot because the siege was preplanned also ignores an argument that House managers had made this week: Mr. Trump had spent months trying to invalidate the results of the election and encouraging his supporters to act.What Was Said“At no point was the president informed the vice president was in any danger.” — Mr. van der VeenThis is disputed. Comments by Senator Tommy Tuberville, Republican of Alabama, suggest otherwise. This week, Mr. Tuberville recounted that he and Mr. Trump had spoken just as the Capitol was breached before the phone call was cut short.“I said ‘Mr. President, they just took the vice president out, I’ve got to go,’” Mr. Tuberville said.They made inaccurate references to antifa, left-wing protests and the 2016 election.What Was Said“One of the first people arrested was the leader of antifa.” — Mr. van der VeenThis is misleading. Mr. van der Veen was most likely referring to John E. Sullivan, a Utah man who was charged on Jan. 14 with violent entry and disorderly conduct. Mr. Sullivan, an activist, said he was there to film the siege. He had previously referred to antifa — a loosely affiliated group of antifascist activists that has no leader — on social media, but he has repeatedly denied being a member of the movement.The F.B.I. has said there is no evidence that supporters of the antifa movement had participated in the Capitol siege.What Was Said“As many will recall, last summer the White House was faced with violent rioters night after night. They repeatedly attacked Secret Service officers, and at one point pierced a security wall, culminating in the clearing of Lafayette Square.” — Mr. van der VeenFalse. This timeline is wrong. Law enforcement officials began clearing Lafayette Square after 6 p.m. on June 1 to allow Mr. Trump to pose with a Bible in front of a church, not because of a breach. Additional security barriers were installed after those events, according to local news reports and the National Park Service.What Was Said“The entire Democratic Party and national news media spent the last four years repeating without any evidence that the 2016 election had been hacked.” — Mr. van der VeenFalse. United States intelligence agencies concluded years ago that Russia had tried to interfere in the 2016 election. The Republican-led Senate agreed last year that Russia had disrupted that election to help Mr. Trump.They mischaracterized the impeachment process.What Was Said“The House waited to deliver the articles to the Senate for almost two weeks, only after Democrats had secured control over the Senate. In fact, contrary to their claim that the only reason they held it was because Senator McConnell wouldn’t accept the article, Representative Clyburn made clear they had considered holding the articles for over 100 days to provide President Biden with a clear pathway to implement his agenda.” — David I. Schoen, another lawyer for Mr. TrumpThis is misleading. Democrats had considered delivering the article of impeachment earlier, but Senator Mitch McConnell of Kentucky, then the majority leader, precluded the possibility. In a letter on Jan. 8, he informed Republican lawmakers that the Senate was in recess and “may conduct no business until Jan. 19.”Representative James E. Clyburn, Democrat of South Carolina, suggested withholding the articles longer after Mr. McConnell made his timeline known. In an interview with CNN, Mr. Clyburn suggested Mr. McConnell was “doing what he thinks he needs to do to be disruptive of President Biden,” but Democrats might respond to that tactical delay with one of their own to “give President-elect Biden the 100 days he needs to get his agenda off and running.”What Was Said“Our Constitution and any basic sense of fairness require that every legal process with significant consequences for a person’s life, including impeachment, requires due process under the law, which includes fact-finding and the establishment of a legitimate, evidentiary record. Even last year, it required investigation by the House. Here, President Trump and his counsel were given no opportunity to review evidence or question its propriety.” — Mr. SchoenThis is misleading. The point about lack of “due process” is one that Mr. Trump’s lawyers and supporters had argued during his first impeachment and one that law scholars have dismissed.There are no “enforceable rights” to due process in a House inquiry, and while those rights exist in the Senate trial, they are limited, said Frank O. Bowman III, a law professor at the University of Missouri and an expert on impeachment.“One justice suggested something like that if it were found that the Senate was deciding cases on a coin flip, that might violate due process,” Mr. Bowman said. “Anything short of that, basically court’s not going to get involved.”Moreover, a senior aide on the House impeachment team said that the Trump legal team was given the trial material, including all video and audio footage, before the start of the proceedings.They repeated Mr. Trump’s false claims about voter fraud.What Was Said“Based on an analysis of publicly available voter data that the ballot rejection rate in Georgia in 2016 was approximately 6.42 percent, and even though a tremendous amount of new, first-time mail-in ballots were included in the 2020 count, the Georgia rejection rate in 2020 was a mere 0.4 of 1 percent, a drop-off from 6.42 percent to 0.4 percent.” — Mr. CastorThis is misleading. Georgia elections officials have repeatedly debunked this claim, which conflates the overall rejection rate for mail-in ballots in 2016 to the rejection rate specifically for signature mismatch in 2020. (Ballots can also be rejected for arriving late or not having a signature, among other reasons.)In 2016, Georgia rejected about 6.4 percent of all returned mail-in ballots and 0.24 percent of those ballots because of signature-matching issues. It is unclear what the 0.4 percent refers to, but in both 2018 and 2020, Georgia rejected 0.15 percent of mail-in ballots because of signature-matching issues.What Was Said“President Trump wanted the signature verification to be done in public. How can a request for signature verifications to be done in public be a basis for a charge for inciting a riot?” — Mr. CastorThis is misleading. Contrary to Mr. Trump’s belief and Mr. Castor’s repetition of it, Georgia does verify signatures. Georgia’s Republican secretary of state noted that the state trained officials on signature matching and created a portal that checked and confirmed voters’ driver’s licenses. In a news conference last month debunking Mr. Trump’s claims, Gabriel Sterling, a top election official in Georgia, explained that the secretary of state’s office also brought in signature experts to check over 15,000 ballots. They discovered issues with two, and after further examination, concluded that they were legitimate.“Shockingly, the disinformation continues,” Mr. Sterling tweeted during the trial.Nicholas Fandos More

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      Nikki Haley Slams Trump’s Election Claims

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      #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyNikki Haley Slams Trump’s Election Claims: ‘We Shouldn’t Have Followed Him’Although the former United Nations ambassador calibrated her comments, her sharp criticism represented a departure from other Republicans who are believed to be considering running for president in 2024.Nikki R. Haley, a former governor of South Carolina, resigned as Donald J. Trump’s ambassador to the United Nations at the end of 2018.Credit…Samuel Corum for The New York TimesFeb. 12, 2021Updated 4:36 p.m. ETNikki R. Haley, a former United Nations ambassador under President Donald J. Trump who left the administration without the drama or ill will that marred most of its high-level departures, sharply criticized her former boss in an interview published on Friday, saying that she was “disgusted” by his conduct on Jan. 6, the day of the Capitol riot.Ms. Haley, 49, who is widely believed to be considering a run for president in 2024, told Politico she did not believe that the former president would remain a dominant force within the Republican Party or that he would seek office again, arguing that he had “lost any sort of political viability.”“I don’t think he’s going to be in the picture,” Ms. Haley said. “I don’t think he can. He’s fallen so far.”Ms. Haley’s comments predictably prompted a backlash from Mr. Trump’s loyal base of support, a constituency that most Republican office holders continue to try to appease — and one that she had assiduously tried to avoid offending since leaving his administration at the end of 2018.Before her latest comments became public, Ms. Haley seemed to realize that they would go too far for many Republicans. And it was not long before she bowed to the reality of Mr. Trump’s enduring power within the party. In an interview with Laura Ingraham of Fox News that was broadcast late last month — after Ms. Haley had spoken to Politico but before the article was published — Ms. Haley muted her criticism of the former president considerably.“At some point, I mean, give the man a break,” she said, condemning Democrats for pursuing a second impeachment against him for instigating the Jan. 6 assault on the Capitol. “I mean, move on.” She added: “Does he deserve to be impeached? Absolutely not.”But the storming of the Capitol last month, and Mr. Trump’s role in inciting it with repeated, false claims of ballot-rigging in the November election, caused Ms. Haley to reassess her relationship with the former president. Her tone changed markedly between interviews with Politico in December and January. At first, she refused to acknowledge that Mr. Trump was doing anything reckless by refusing to concede. She said that he genuinely believed he had not lost, and she would not acknowledge that his actions since the November election were irresponsible.And she wrongly predicted that Mr. Trump would “go on his way” once he had exhausted his legal options.But after Jan. 6, Ms. Haley told the publication that she had previously urged Mr. Trump to be more “careful” with his words, to no avail.“He went down a path he shouldn’t have,” she said, referring to his deception about the election. “And we shouldn’t have followed him, and we shouldn’t have listened to him. And we can’t let that ever happen again.”In that moment, Ms. Haley’s remarks showed that she was willing to entertain a political proposition that most other Republicans with eyes on the White House had not dared to utter publicly: that Mr. Trump’s hold over the G.O.P. base will loosen, and that he will not be the kingmaker many have predicted.However calibrated or qualified, Ms. Haley’s approach is a departure from that of other conservatives who are believed to harbor ambitions for higher office. Senator Josh Hawley of Missouri, who lent credibility to Mr. Trump’s voter fraud claims, has refused to acknowledge that his own actions played any role in inciting violence on Jan. 6. And former Vice President Mike Pence has said nothing publicly since being forced to flee the Senate chamber under armed guard as rioters stormed the Capitol, encouraged in part by Mr. Trump’s attacks against the vice president on Twitter for not interfering with the certification of the election.Ms. Haley was especially pointed about Mr. Trump’s treatment of Mr. Pence, sounding almost dismissive of the former president as she expressed her dismay. “Mike has been nothing but loyal to that man,” she said.Some Republicans said that Ms. Haley’s comments were simply acknowledging reality. As a politician who is more comfortable with the establishment wing of the G.O.P., she has not always had the trust of Mr. Trump’s base. And in a crowded 2024 presidential primary, she would face stiff competition for those votes..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-rqynmc{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-rqynmc strong{font-weight:600;}.css-rqynmc em{font-style:italic;}.css-yoay6m{margin:0 auto 5px;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}@media (min-width:740px){.css-yoay6m{font-size:1.25rem;line-height:1.4375rem;}}.css-1dg6kl4{margin-top:5px;margin-bottom:15px;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.“You didn’t have to be clairvoyant to see which way Nikki Haley would go once Donald Trump lost,” said Sam Nunberg, a consultant who worked for Mr. Trump. “She was never going to be able to take the Trump mantle.”To other Republicans, her words of regret were too little, too late given her earlier deference toward Mr. Trump. Representative Adam Kinzinger of Illinois, who has become one of the most outspoken critics of his party since the Capitol attack, accused Ms. Haley of playing “both sides.” On Twitter, he urged her to “Pick Country First or Trump First.”This is not Ms. Haley’s first reversal on Mr. Trump. Like many leaders of her party, she initially opposed him when he ran for the Republican nomination in 2016. At the time, she was the governor of South Carolina, and she endorsed Senator Marco Rubio of Florida ahead of her state’s pivotal primary. Mr. Trump still won, finishing ahead of Mr. Rubio by 10 percentage points.But she redeemed herself in the eyes of many Republican voters by signing on to work in the Trump administration, showing how quickly old slights can be forgiven by the former president and his supporters.Voters may indeed forgive and forget altogether — which is something that critics of Mr. Trump warned would allow Republicans to go unpunished for encouraging him as he undermined faith in American democracy.“When I got into politics, I was told you could get away with a lot because voters have short-term memories,” said Denver Riggleman, a former Republican congressman from Virginia who has been highly critical of his party’s silence as Mr. Trump spread disinformation about the election.“What the Nikki Haleys, Ted Cruzes, Josh Hawleys of the world are relying on,” he added, “is the short-term memory of voters.”AdvertisementContinue reading the main story More

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      Can We Put Fox News on Trial With Trump?

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      AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyCan We Put Fox News on Trial With Trump?Even if we can’t impeach media companies, we can do more to hold them accountable for sowing sedition.Opinion ColumnistFeb. 10, 2021Credit…Ryan Jenq for The New York Times More

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      Fox Files Motion to Dismiss Smartmatic’s $2.7 Billion Lawsuit

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyFox Files Motion to Dismiss Smartmatic’s $2.7 Billion Defamation SuitIn a court filing, Rupert Murdoch’s media company says it had the right to broadcast the debunked claims of election fraud promoted by President Donald Trump’s legal team on Fox News and Fox Business.The Manhattan headquarters for Rupert Murdoch’s American media companies Fox Corporation, home of Fox News and Fox Business, and News Corp.Credit…Drew Angerer/Getty ImagesMichael M. Grynbaum and Feb. 8, 2021Rupert Murdoch’s Fox Corporation on Monday filed a motion to dismiss the $2.7 billion defamation lawsuit brought against it last week by the election technology company Smartmatic, which has accused Mr. Murdoch’s cable networks and three Fox anchors of spreading falsehoods that the company tried to rig the presidential race against Donald J. Trump.The lawsuit has roiled right-wing news media outlets whose star personalities repeatedly cast doubt on Joseph R. Biden Jr.’s victory in the wake of the election and raised the specter of a significant financial penalty for Fox. On Friday, the day after the lawsuit was filed, Fox canceled the nightly Fox Business program hosted by Lou Dobbs, who is named in the suit along with the Fox anchors Maria Bartiromo and Jeanine Pirro.In its 44-page response filed in New York State Supreme Court, Fox argues that the claims of electoral fraud made on its channels by Mr. Trump’s lawyers — including Rudolph W. Giuliani and Sidney Powell, who are also named in the defamation suit — were matters of significant interest to viewers and handled fairly.“This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern,” Fox says in the motion, adding, “An attempt by a sitting president to challenge the result of an election is objectively newsworthy.”Paul D. Clement, a partner in the Washington office of the law firm Kirkland & Ellis who served as solicitor general under President George W. Bush, is leading Fox’s defense. “Smartmatic’s theory is fundamentally incompatible with the reality of the modern news network and deeply rooted principles of free speech law,” Mr. Clement said in a statement.A spokesman for Smartmatic did not immediately reply to a request for comment.“It’s a strong move on their part to try to come out and dismiss the claim,” said Timothy Zick, a professor at William & Mary Law School who specializes in First Amendment law.Mr. Zick said that Fox was making use of the concept of “neutral reportage,” arguing that it could not be sued for defamation while covering the news. “They’re arguing that shields Fox News as an organization for simply reporting on the controversy, which is a matter of public interest,” he said.A key to Fox’s defense is the argument that it cannot be held responsible for statements made on its programs by Mr. Giuliani and Ms. Powell, given their roles as Mr. Trump’s legal representatives.“The public had a right to know, and Fox had a right to cover, that the president and his allies were accusing Smartmatic (and others) of manipulating the election results, regardless of the ultimate truth or accuracy of those allegations,” the motion reads. It also asserts that Smartmatic’s suit does not identify defamatory statements by television hosts employed by Mr. Murdoch’s company.Fox also argues that Smartmatic should be considered a public figure. That argument, which is likely to be contested by the tech company, means that Smartmatic must meet a high bar to prove that it was defamed: demonstrating that the defendants knew their statements were false, or at least had serious doubts about them.Smartmatic’s 276-page lawsuit alleges that Mr. Trump’s lawyers used Fox’s platform, and its sympathetic anchors, to spin conspiracies about the company that damaged its reputation and commercial prospects. The suit has been applauded by those seeking to curb the flow of disinformation from right-wing news outlets, but it has also raised questions about the limits of speech in a changing media landscape.Fox’s argument in its motion — that it provided a forum for newsworthy interviews — may cut into the conceptual heart of Smartmatic’s case, which groups Fox, its hosts and their guests as defendants who collaborated to spread falsehoods.The defamation lawsuit cites exchanges on Fox programs that, Smartmatic said, helped spread the false claim that it was the owner of a rival election tech company, Dominion Voting System, and that it provided its services to districts in multiple contested states. In fact, Smartmatic was used in the 2020 election only by Los Angeles County.And Smartmatic offers vivid examples of Fox programming that spread bizarre falsehoods, like a claim by Ms. Powell made on Mr. Dobbs’s show that the former president of Venezuela, Hugo Chávez, had assisted the company in creating software that could covertly alter votes. (Mr. Chávez died in 2013 and had nothing to do with Smartmatic.)In other exchanges cited by Smartmatic, Fox anchors alternately expressed support and astonishment as Mr. Giuliani and Ms. Powell spun out their claims. In one case, a phrase used by Ms. Powell — “cyber Pearl Harbor” — was later invoked by Mr. Dobbs on his show and on social media.Fox’s response on Monday included a 14-page appendix under the title “Fox’s Evenhanded Coverage of Smartmatic,” documenting instances from Fox News and Fox Business that the company believes showed skepticism toward the Trump team’s claims.Among the examples are three identical, pretaped fact-checking segments that ran in mid-December on programs hosted by Ms. Bartiromo, Mr. Dobbs and Ms. Pirro and that featured Eddie Perez, an election expert who debunked a number of false claims about Smartmatic.The segments were broadcast after Smartmatic sent a letter to Fox demanding retractions and threatening legal action.AdvertisementContinue reading the main story More

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      Trump Isn’t the Only One on Trial. The Conservative Media Is, Too.

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      #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyOn PoliticsTrump Isn’t the Only One on Trial. The Conservative Media Is, Too.The former president’s second impeachment trial begins oral arguments on Tuesday. But conservative media organizations face an even more consequential test in the weeks and months ahead.Outside the Fox News headquarters in New York on the day of President Biden’s inauguration. The network and other conservative outlets have faced lawsuits over false claims about the election.Credit…Carlo Allegri/ReutersFeb. 8, 2021Updated 9:47 p.m. ETWith the Senate’s impeachment trial starting oral arguments on Tuesday, Donald Trump now faces the possibility of real consequences for his role in inciting the Capitol siege of Jan. 6.But the apparatus that fed him much of his power — the conservative news media — is facing a test of its own. This might ultimately have a much bigger impact on the future of American politics than anything that happens to Mr. Trump as an individual.In recent weeks, two voting-technology companies have each filed 10-figure lawsuits against Mr. Trump’s lawyers and his allies in the media, claiming they spread falsehoods that did tangible harm. This comes amid an already-raging debate over whether to reform Section 230 of the Communications Decency Act, which prevents online companies from being held liable for the views expressed on their platforms.“The greatest consequence of the Trump presidency has been the weaponizing of disinformation and parallel dismantling of trust in the media,” Mark McKinnon, a longtime political strategist and co-host of the Showtime political series “The Circus,” told me in an email.“Unfortunately, it took the perpetration of the big lie that the election was a fraud, an insurrection at the Capitol, and almost destroying our democracy for someone to finally take action. But it appears to be working,” Mr. McKinnon said. “Nothing like threatening the bottom line to get the desired attention.”On Thursday, the voting-machine company Smartmatic filed a $2.7 billion lawsuit against Fox News, some of its prominent hosts and two lawyers who represented Mr. Trump, Sidney Powell and Rudy Giuliani. The suit accuses them of mounting a campaign of defamation by claiming that Smartmatic had been involved in an effort to throw the election to Joe Biden. Fox News said in a statement that it was “committed to providing the full context of every story with in-depth reporting and clear opinion,” adding that “we are proud of our 2020 election coverage and will vigorously defend against this meritless lawsuit in court.”The Fox suit came on the heels of a similar $1.3 billion suit that Dominion Voting Systems brought against Mr. Giuliani the week before.The impact of both lawsuits was immediate. Newsmax, an ultraconservative TV station that has expanded its popularity by lining up to the right of Fox News, cut off an interview with the MyPillow founder Mike Lindell last week as he attacked Dominion — something that commentators had done on the station many times before. Then, over the weekend, Fox Business sidelined Lou Dobbs, one of Mr. Trump’s fiercest TV news defenders and a defendant named in the Smartmatic lawsuit.Jonathan Peters, a media law professor at the University of Georgia, said that unlike many libel lawsuits, the Dominion and Smartmatic cases do not appear to be publicity stunts; they have a firm legal basis.“In recent years it has been a boom time for nuisance claims against media organizations,” Dr. Peters said, citing lawsuits brought against traditional news media by Trump allies like Representative Devin Nunes and Joe Arpaio. “The language at issue in the Dominion and Smartmatic litigation has involved statements of fact that would be provably false,” he added. “The language at issue is not necessarily opinion, hyperbole or some other form of invective.”Because the suits seem to be serious, Dr. Peters said, “this is a corrective for companies and individuals being sued — and for those not being sued it is a shot across the bow.”But in a media landscape permanently altered by polarization, and by Mr. Trump’s indifference to facts, Fox News and other conservative broadcasters face significant competition from popular YouTubers and Twitter users, who have much more leeway to express potentially harmful views.Angelo Carusone, the president of Media Matters, a left-leaning group, said this leaves Fox News fighting a two-front war.“They’re getting attacked by their own people,” he said. “If you’re a conservative channel or host, you need to pick away at Fox News.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media 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ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Mr. Carusone pinpoints spring 2017 as a moment of symbolic transition. That’s when the Fox News host Sean Hannity began embracing a series of baseless claims tying Hillary Clinton to the death of a Democratic aide, claims that Mr. Trump had co-signed. “In August of 2016, Sean Hannity was chastising conservative media figures for promoting the Seth Rich conspiracy theories,” Mr. Carusone said. “And yet in May of 2017, Hannity is launching his own investigation into who in Hillary Clinton’s campaign murdered Seth Rich. There is no clearer moment of when they shifted their posture.”Mr. Carusone said that Mr. Hannity’s evolution was goaded by Mr. Trump’s ability to use social media to promote unproven, reckless arguments — and by social media companies’ ability to give him a platform without themselves facing repercussions for his speech, thanks to Section 230. “Trump increasingly was able to leapfrog Fox News, in terms of building a relationship to Fox News’s own audience,” he said. “So Fox News lost the keys to the gate.”But in the past month, Mr. Trump has lost his set of keys, too. He was kicked off Twitter and Facebook after the Capitol riot, and since leaving the White House he has been as quiet as a church mouse. In his absence, Fox News has begun to focus more on attacking Mr. Biden and other Democrats on the news of the day than on importing conspiracy theories from online.Going forward, Mr. Carusone said, “I think they’ll try to soften some of the content on the edges, and to lean heavier into the partisan attacks and less on the right-wing fever swamp fantasies and narratives.”Proponents of media reform say that this moment presents a once-in-a-generation opportunity to rethink government policy related to online speech in particular. Ellen Goodman, a Rutgers Law School professor who focuses on information policy, said that maintaining a healthy marketplace of ideas was crucial to democracy.“If this is a moment of radical, ‘Build Back Better’ adjustments, and a revival of the middle class, what would the democracy-building part of that look like?” she said. She proposed instituting taxes or regulations that would “make the surveillance-capitalism model less attractive,” preventing social media companies from microtargeting audiences in the interest of selling them products.Jonathan Zittrain, a Harvard Law School professor who studies digital media, sees a sea change coming. In the early decades of the internet, he said, most legal discussions were guided by a question of “rights,” particularly the right to free speech under the First Amendment. But in recent years, a new interest in what he called “the public health framework” has taken hold.“Misinformation and extremism — particularly extremism that’s tied to violence — can result in harm,” Mr. Zittrain said. “Given that there are compelling things in both the rights framework and the health framework, there’s going to be a balance struck.”On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com.AdvertisementContinue reading the main story More