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      The Democratic Party Has an Old Problem and Won’t Admit It

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      President Biden’s advanced age (80) gets rehashed endlessly, because the human condition makes it inescapable. A deft politician can wait out almost any other liability: Scandals and gaffes fade over time; the economy bounces back; governing errors can be corrected. But Mr. Biden will never be (or appear) younger than he is today. The problem of his age will never fade.In our fixation on Mr. Biden’s age, we often gloss over the role the Democratic Party has played in promoting and lionizing its older leaders, then muddling through when illness or death undermines their ability to govern. The party’s leaders seem to believe implicitly in the inalienable right of their aging icons to remain in positions of high power unquestioned, long after it becomes reasonable to ask whether they’re risking intolerable harm.The party has come to operate more like a machine, in which lengthy, loyal service must be rewarded with deference. It is why Mr. Biden has not drawn a credible primary challenger, when polling and reporting alike suggest that Democrats are deeply anxious about his ability to mount a vigorous campaign and serve another full term.And it is that deference, from those who seek to protect Democratic leaders from all but the mildest criticism, that ensures that we keep reliving the same bad dream, where each subsequent election comes with higher stakes than the last. It leaves grass-roots supporters to see all their hard work — and democracy itself — jeopardized by the same officials who tell them they must volunteer and organize and donate and vote as if their lives depend on it. And for millions of younger voters, it becomes increasingly hard to believe that any of it matters: If defeating Republicans is a matter of existential urgency for the country, why is the Democratic Party so blasé about elevating leaders who are oblivious to the views of the young people who stand to inherit it?I peg the beginning of this recurring nightmare to the year 2009, when Senator Ted Kennedy’s death nearly derailed President Obama’s signature health care reform and ultimately deprived Democrats of their Senate supermajority, which they might have used to pass more sweeping legislation than they did. Eleven years later, Justice Ruth Bader Ginsburg also died in office. Her death was a hinge point where history turned and swept much of her substantive legacy into the dustbin; worse, it left living Americans to toil indefinitely under the legacy that replaced hers.There were gentle behind-the-scenes efforts and a robust public persuasion campaign meant to convince Justice Ginsburg to retire when Democrats still controlled the Senate and President Obama could have appointed her replacement, but there were plenty of liberals urging her to stick it out. Christine Pelosi, the daughter of Nancy Pelosi, who was then the House minority leader, cheered Justice Ginsburg for ignoring the calls for her to step down. “You Go Ginsburg! Resist that sexist Ageism,” she wrote.Despite all of this terrible history, we face a similar challenge today: an aging party, and a Democratic establishment not just unwilling to take decisive action to stave off disaster but also reluctant to even acknowledge the problem.When Senator Dianne Feinstein of California (90) developed complications from shingles earlier this year and was unable to fulfill her duties, leaving Senate Democrats unable to swiftly advance judicial nominations, the elder Ms. Pelosi framed the calls for Ms. Feinstein to step aside as a form of injustice. “I’ve never seen them go after a man who was sick in the Senate in that way,” Ms. Pelosi told reporters.She herself has ignored years of (gentle, always gentle) hints that it was time to step aside in favor of younger leaders with less political baggage. She did finally relinquish her leadership role in 2022, after losing the House majority for the second time in 12 years, but earlier this month, she said she would run for her House seat again.The end of Ms. Pelosi’s speakership has reduced the overall risk level somewhat. If she or Ms. Feinstein were to die in office, it wouldn’t be terribly destabilizing, the way it was when Mr. Kennedy and Justice Ginsburg died, and the way it would if Mr. Biden did. But it does feed the deeper and perhaps more insidious problem: a widespread sense of alienation among the young voters Democrats desperately need to turn out in elections.This should not go on. Liberals are apparently doomed to white-knuckle it through 2024, but there are affirmative steps Democrats could take to better allow younger leaders to displace older ones.Paradoxically, the G.O.P. may provide a model the Democrats can use. Although the Republican base is older, it does a better job insulating itself from gerontocracy than Democrats do. Republicans are obviously far from perfect champions of their own self-interest. Their penchant for personality cults has wedded them to Donald Trump, who also happens to be old, but they are vulnerable to charlatans of all ages. That’s in part because they take steps to reduce the risk that they lose power by the attrition of elderly leaders. Justice Anthony Kennedy timed his retirement so a Republican president could replace him; the House G.O.P. has cycled through several leaders over the past decade and a half, none of them terribly old. When Kentucky’s Democratic governor Andy Beshear defeated the Republican incumbent Matt Bevin, Mitch McConnell, the Senate minority leader, encouraged his allies in the Kentucky Legislature to circumscribe Mr. Beshear’s appointment power — to ensure partisan continuity in Washington, should a Senate seat become vacant. So although Mr. McConnell seems committed to serving out his term, he has a succession plan.Democrats could adopt a similarly hard-nosed attitude about retiring their leaders in dignified but timely ways. Republicans term-limit the chairs of their congressional committees, which guarantees senior lawmakers cycle out of their positions and make way for younger ones.Even just acknowledging this issue — and encouraging good-faith dissent — would boost Mr. Biden’s credibility with younger voters. While a political conversation that sidesteps this uncomfortable topic, along with any number of others, might soothe anxious partisans, it will leave them unprepared for hard realities.Democratic Party actors may be able to convince themselves that there’s something high-minded about muzzling this discourse entirely — that vigorous intraparty criticism is self-defeating, and that complaining about Mr. Biden’s age when nothing can be done about it is a form of indulgent venting that only inflames public misgivings about the president. But they’d be wrong. We can see without squinting that his advanced age has created meaningful drag on his polling, and that it is a gigantic problem for the Democratic Party if younger voters, who are overwhelmingly progressive, come to view it as a lifestyle organization for liberals who have grown out of step with the times. Airing out widely held frustrations with the party’s gerontocracy might persuade younger voters that their leaders get it, and that their time in power will come to an end sooner than later.Brian Beutler (@brianbeutler) writes Off Message, a newsletter about politics, culture and media.Source images by Liudmila Chernetska, Adrienne Bresnahan and xu wu/Getty ImagesThe Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Does Robert Menendez Have Enough Teflon to Survive Again?

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      Senator Menendez, who has defeated prosecutors and political challengers, faces his sternest test yet in his federal indictment in Manhattan.In a state long attuned to the drumbeat of political corruption — salacious charges, furious denials, explosive trials — Senator Robert Menendez has often registered as the quintessential New Jersey politician.He successfully avoided charges in one case, and after federal prosecutors indicted him in another, he got off after a mistrial in 2017. “To those who were digging my political grave,” Mr. Menendez warned then with characteristic bravado, “I know who you are and I won’t forget you.”Six years later, he is once again on the brink, battling for his political life after federal prosecutors in Manhattan unsealed a jarring new indictment on Friday charging the powerful Democratic senator and his wife in a garish bribery scheme involving a foreign power, piles of cash and gold bars.A defiant Mr. Menendez, 69, immediately vowed to clear his name from what he cast as just more smears by vengeful prosecutors. A top adviser said that he would also continue running for re-election in 2024, when he is trying to secure a fourth full term.But as details of the case quickly spread through Trenton and Washington — including images of an allegedly ill-begotten Mercedes-Benz convertible and cash bribes hidden in closets — it was clear Mr. Menendez may be confronting the gravest political challenge in a career that started 49 years ago in the shadow of New York City.Calls for his resignation mounted from ethics groups, Republicans and even longtime Democratic allies who stood by him last time, including the governor, state party chairman and the leaders of the legislature. And party strategists and elected officials were already openly speculating that one or more of a group of ambitious, young Democrats representing the state in Congress could mount a primary campaign against him.“The alleged facts are so serious that they compromise the ability of Senator Menendez to effectively represent the people of our state,” said Gov. Philip D. Murphy, a Democrat. “Therefore, I am calling for his immediate resignation.”Representatives Frank Pallone and Bill Pascrell, two of the state’s longest serving Democrats who have served alongside Mr. Menendez for decades, joined them later. So did Representatives Mikie Sherrill and Andy Kim, two of the younger representatives considered possible primary challengers or replacements should the senator step down.For now, Mr. Menendez appeared to be on firmer footing among his colleagues in the Senate, including party leaders who could force his hand. They accepted his temporary resignation as chairman of the Foreign Relations Committee, but did not ask him to leave office.In a statement, Senator Chuck Schumer, Democrat of New York and the majority leader, called Mr. Menendez “a dedicated public servant” and said that his colleague had “a right to due process and a fair trial.”The Senate majority leader, Chuck Schumer, right, urged against a rash judgment, saying Mr. Menendez had a “right to due process and a fair trial.”Erin Schaff/The New York TimesCalls for his ouster seemed to only embolden Mr. Menendez, who spent part of Friday afternoon trying to rally allies by phone. “It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat,” he wrote in a fiery retort to Democrats who broke with him. “I am not going anywhere.”The electoral stakes were high, and not just for Mr. Menendez.Though he had yet to formally answer the charges in court, some party strategists were already gauging the possibility that Mr. Menendez could be scheduled to stand trial in the middle of the campaign — an unwelcome distraction for Democratic candidates across the nation.Republicans were already using the indictment to attack the party. “Democrats covered for Menendez the first time he got indicted for corruption,” said Philip Letsou, a spokesman for the Senate Republican campaign committee. “It would be a shame if they did so again.”Democrats have not lost a Senate race in New Jersey since the 1970s. But allowing Mr. Menendez to stay in office could at the least force the party to spend heavily to defend the seat at a time when it already faces daunting odds of retaining a razor-thin majority.“I understand personal loyalty, and I understand the depths of friendships, but somebody needs to take a stand here,” said Robert Torricelli, the former Democratic senator from New Jersey. “This is not about him — it’s about holding the majority.”Mr. Torricelli speaks from experience. He retired rather than seek re-election in 2002 after his own ethics scandal ended without charges. He was also widely believed to be a target of Mr. Menendez’s ire after the former senator put his hand up to succeed Mr. Menendez had he been convicted in 2017.“In the history of the United States Congress, it is doubtful there has ever been a corruption allegation of this depth and seriousness,” Mr. Torricelli added. “The degree of the evidence. The gold bars and the hundreds of thousands of dollars of cash. It’s incomprehensible.”The details laid out in the 39-page indictment were nothing short of tawdry. Prosecutors said that Mr. Menendez had used his position to provide sensitive government information to Egypt, browbeat the Department of Agriculture and tamper with a criminal investigation. In exchange, associates rewarded him with the gold bullion, car and cash, along with home mortgage payments and other benefits, they said.Prosecutors referred to a text between an Egyptian general and an Egyptian American businessman in which Mr. Menendez was referred to as “our man.” At one point, prosecutors said, the senator searched in a web browser “how much is one kilo of gold worth.”Damien Williams, the U.S. attorney in Manhattan, laid out details of a 39-page indictment against Mr. Menendez.Jefferson Siegel for The New York TimesMr. Menendez is far from the first elected official in New Jersey to face serious criminal allegations. With a long tradition of one-party rule, a bare-knuckle political culture and an unusual patchwork of governmental fiefs, the state has been a hotbed for corruption that has felled city councilors, mayors, state legislators and members of Congress.The Washington Post tried to quantify the criminality in 2015 and found that New Jersey’s rate of crime per politician easily led any other state. Mr. Menendez already has a Democratic primary opponent, Kyle Jasey, a real estate lender and first-time candidate who called the indictment an “embarrassment for our state.” But political strategists and elected Democrats said Mr. Jasey may not have the lane to himself for long.New Jersey has a glut of ambitious Democratic members of Congress with outsize national profiles; it took barely minutes on Friday for the state’s political class to begin speculating about who might step forward.Among the most prominent were Ms. Sherrill, 51, and Josh Gottheimer, 48, moderates known for their fund-raising prowess who have proven they can win difficult suburban districts and were already said to be looking at statewide campaigns for governor in 2025, when Mr. Murphy cannot run because of term limits. Other names included Mr. Kim and Tom Malinowski, a two-term congressman who lost his seat last year.National Republicans cast their focus on Christine Serrano Glassner, the two-term mayor of a small community roughly 25 miles west of Newark, N.J., who announced this week she would run.Mr. Menendez, the son of Cuban immigrants, was elected to his first local office at age 20. At 28, he donned a bulletproof vest as he testified in a corruption trial against his former mentor. He won the mayoralty of Union City, before moving onto the State Assembly, the Senate, the House of Representatives and, in 2006, an appointment to the Senate.It was only a matter of months before he was in the sights of the U.S. attorney’s office of New Jersey. The senator was never charged, but the investigation became campaign fodder after the U.S. attorney, then Chris Christie, issued a subpoena to a community agency that paid rent to Mr. Menendez while getting lucrative federal grants.Almost a decade later, federal prosecutors went further, making Mr. Menendez the first sitting senator in a generation to face federal bribery charges in 2015. They accused him of exchanging political favors with a wealthy Florida eye surgeon for luxury vacations, expensive flights and campaign donations.A jury heard the case two years later and could not reach a verdict; the Justice Department later dropped the prosecution, but the bipartisan Senate Ethics Committee “severely admonished” him for accepting gifts while promoting the surgeon’s interests.Even so, Mr. Menendez handily won his party’s nomination and re-election in 2018.To longtime analysts of the state politics, though, Friday’s case crossed a new threshold.“Even by New Jersey standards, this one stands out — how graphic it is, how raw it is,” said Micah Rasmussen, a seasoned Democratic political hand who now leads Rebovich Institute for New Jersey Politics at Rider University.“There is a world of difference between not reporting a plane ride and having half a million in hundreds stashed around your house,” Mr. Rasmussen added. “By all rights, this should be the end of the line.”Tracey Tully More

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      Menendez Accused of Brazen Bribery Plot, Taking Cash and Gold

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      Senator Robert Menendez, a New Jersey Democrat, was charged six years after his trial in a different corruption case ended in a hung jury.The indictment against Senator Robert Menendez, Democrat of New Jersey, comes after a lengthy investigation by federal prosecutors in Manhattan.Kenny Holston/The New York TimesSenator Robert Menendez of New Jersey, the chairman of the Foreign Relations Committee, has been charged in a sweeping federal corruption indictment, the authorities said on Friday.The three-count indictment, which also charges the senator’s wife and three New Jersey businessmen, accuses him of using his official position in a wide range of corrupt schemes at home and abroad. In one, he sought to benefit the government of Egypt, including secretly providing it with sensitive U.S. government information, while in two others, he aimed to influence criminal investigations of two New Jersey businessmen, one of whom was a longtime fund-raiser for Mr. Menendez.Toward that end, the senator, a Democrat, recommended that President Biden nominate a lawyer, Philip R. Sellinger, for the post of U.S. attorney for New Jersey because Mr. Menendez believed he could influence Mr. Sellinger’s prosecution of the fund-raiser. Mr. Sellinger, who was ultimately confirmed for the post, was not accused of any wrongdoing.In another scheme, Mr. Menendez used his position to try to disrupt the investigation and prosecution of a businessman by the New Jersey State attorney general’s office, according to the indictment.In exchange for all those actions, the indictment said, the senator and his wife, Nadine Menendez, accepted hundreds of thousands of dollars worth of bribes, including cash, gold bars, payments toward a home mortgage, a luxury vehicle and other valuable things.Ms. Menendez’s lawyer, David Schertler, said that his client denied criminal wrongdoing.“Mrs. Menendez denies any criminal conduct and will vigorously contest these charges in court,” Mr. Schertler said.Representatives for the senator and the two businessmen could not immediately be reached for comment on the charges.A spokesperson for Mr. Hana said in a statement: “We are still reviewing the charges but based upon our initial review, they have absolutely no merit.”The charges against Mr. Menendez, 69, follow a lengthy investigation by the F.B.I. and federal prosecutors in Manhattan and comes nearly six years after his trial on unrelated claims of corruption ended with a hung jury.Read the IndictmentRead Document 39 pagesThe businessmen named in the indictment, which was unsealed in Manhattan federal court, are Fred Daibes, a prominent New Jersey real estate developer and fund-raiser for Mr. Menendez; Wael Hana, a longtime friend of Ms. Menendez’s who founded a halal meat certification business and Jose Uribe, who works in the trucking and insurance business.It has been known for some time that Mr. Menendez was under federal scrutiny, and he has said he was willing to assist investigators and was confident the matter would be “successfully closed.”The 39-page indictment charges the senator, his wife and the businessmen with conspiracy to commit bribery and conspiracy to commit honest services wire fraud. It also charges Mr. Menendez and his wife with conspiracy to commit extortion under the color of official right, meaning using his official position to force someone to give them something of value.Federal agents executed search warrants on the New Jersey home of Robert and Nadine Menendez last year. They found $480,000 in cash, some of it hidden in clothing, and over $100,000 worth of gold bars.U.S. attorney for the Southern District of New YorkThe indictment will quickly resound in Washington and in New Jersey.Mr. Menendez is already facing at least one Democratic challenger in his planned run for re-election to a fourth term in the Senate, and the Republican mayor of Mendham Borough, N.J., has also announced that she will compete for the seat.If Mr. Menendez were to step down before the end of his term, New Jersey’s Democratic governor, Philip D. Murphy, would be responsible for appointing a successor.Mr. Daibes, who pleaded guilty last year to a financial crime and is awaiting sentencing, is among a small group of builders responsible for converting parts of the polluted Hudson River waterfront into a bustling hive of residential and commercial activity.Damian Williams, the U.S. attorney for the Southern District of New York, and James Smith, the assistant director in charge of the F.B.I.’s New York office, are to announce the charges at a news conference Friday morning.Mr. Menendez, his wife and their three co-defendants are expected to appear in Manhattan federal court on Wednesday, according to Nicholas Biase, a spokesman for the Southern District.The charges are not the senator’s first encounter with the law. In 2015, Mr. Menendez was indicted in New Jersey on bribery charges in what federal prosecutors called a scheme between the senator and a wealthy eye doctor to trade political favors for gifts worth close to $1 million, including luxury vacations in the Caribbean and campaign contributions. Mr. Menendez’s corruption trial ended in a mistrial in November 2017, after the jury said it was unable to reach a verdict.The judge later acquitted Mr. Menendez of several charges and the Justice Department dismissed the others.As chairman of the Foreign Relations Committee, Mr. Menendez is one of Washington’s most influential Democrats.He climbed there rung by rung, quickly, a consummate survivor.The son of Cuban immigrants, he rose to power in Hudson County, a famously rough political proving ground in northern New Jersey, where he began serving on the school board in Union City as a 20-year-old college student. By 32, he was mayor. Mr. Menendez won the post after wearing a bulletproof vest to testify against Mafia members and a mentor, William V. Musto, the city’s mayor who was convicted of taking hundreds of thousands of dollars in kickbacks from a contractor hired to build schools.Mr. Menendez served in the State Assembly and Senate before being elected to the U.S. House of Representatives; he was appointed to the U.S. Senate in 2005 to fill the vacancy created when Jon Corzine left the body to become governor.Soon after being sworn in to the Senate, Mr. Menendez faced a federal inquiry led by Chris Christie, then the U.S. attorney for New Jersey, over payments by a nonprofit group that rented a house he owned. It went nowhere, but shadowed him for nearly six years.This is a developing story and will be updated.Kirsten Noyes More

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      Concerns About Biden’s Re-election Bid

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      More from our inbox:Is Mitch McConnell ‘a Decent Man’?A Comedian’s ‘Lies’Working on Solutions to the Groundwater CrisisIn poll after poll, Democratic voters have expressed apprehension about President Biden’s bid for a second term.Kenny Holston/The New York TimesTo the Editor:Re “Biden 2024 Has Party Leaders Bullish. But ‘in Poll After Poll,’ Voters Are Wary” (news article, Sept. 17):Have we not learned anything from 2016? The coverage of President Biden’s age has become beyond stale and repetitive. It is Hillary Clinton’s emails all over again, and look at what happened that time.Joe Biden has been a steady leader when we needed it most, with significant legislative accomplishments and a restoration of our image abroad. This kind of dangerous and irresponsible coverage is partly what got Donald Trump elected in 2016.Simply put, I don’t care how old Joe Biden is. I don’t want to hear about it anymore. Focus on his accomplishments and the danger that is Donald Trump running for office again after the damage he did last time.I am a young voter, and I cannot wait to vote for Joe Biden again.Ryan PizarroNew YorkTo the Editor:The Democrats should nominate the person most likely to defeat Donald Trump. It defies reason that a candidate who a large majority of voters, including those of his own party, think is too old and should not run is that person.You write that party officials maintain that having a discussion of an alternative is a “fantasy” because doing so would appear disloyal and almost certainly would fail. Democrats should act in the best interests of the country, rather than out of slavish loyalty to an individual and fear of reprisal, as is the case with the Republicans and Mr. Trump.And based on the polls it is far from certain that a challenge of Mr. Biden would fail. If a new generation of candidates such as Gov. Andy Beshear of Kentucky and Gov. Gretchen Whitmer of Michigan compete with Mr. Biden, either Mr. Biden would emerge as the popular choice or a new, more electable leader will emerge through the democratic process.Could it be that the disparity between the party leaders’ bullishness and the voters’ wariness is due to the leaders’ fear of letting the democratic process work?David SchlitzWashingtonTo the Editor:Perhaps if The Times wrote as glowing a report about the accomplishments of President Biden as it did of Mick Jagger and the Rolling Stones (both Mick and Joe are 80), voters wouldn’t be as concerned about Mr. Biden’s age.Coverage of the president is consistently ageist, questioning his ability, even as he has addressed climate change, gun violence and income inequality, saved us from an economic crisis and succeeded at rebuilding alliances with the world’s democracies.Where’s the headline, “Are the Stones Too Old to Record and Tour? Fans Worry”?Mindy OshrainDurham, N.C.To the Editor:Re “Go With the Flow, Joe!,” by Maureen Dowd (column, Sept. 17):Ms. Dowd is absolutely, urgently right about the overmanagement of President Biden by his staff. It powerfully (if subliminally) reinforces the impression that he needs careful management.Sure, there’s a risk he will sometimes go off the rails. But on the other side of the ledger, many Americans value authenticity — even as a good portion of our electorate has no shame making up and promulgating outrageous stuff. That, after all, is at least 80 percent of Donald Trump’s appeal to his base.So I hope both the president and his staff take Ms. Dowd’s advice to heart. They could at least give us more glimpses of the genuine Joe Biden. More give-and-take with reporters would be a good first step. What have they got to lose?They stand to lose more if they persist in reinforcing the perception that he has to be carefully “handled.” As the polls show, he’s not getting the credit he deserves.Richard KnoxSandwich, N.H.Is Mitch McConnell ‘a Decent Man’? Samuel Corum for The New York TimesTo the Editor:Re “Romney Has Given Us a Gift,” by David Brooks (column, Sept. 15):I cannot agree with Mr. Brooks’s assessment of Senator Mitch McConnell as “a decent man who is trying to mitigate the worst of Trump’s effect on his party.” I think Mr. McConnell helped pave the way for Donald Trump and has probably done more to undermine democracy than anyone else in my lifetime.After the 2008 election resulted in Democratic control of the House, the Senate and the presidency, Mr. McConnell embarked on a scorched earth effort to filibuster major legislation regardless of the desires of most voters.This cynical and anti-democratic tactic would sour people on government, drive voters to abandon Democrats, and increase his chances of becoming Senate leader. But the paralyzing of government and anti-government animus set the stage for authoritarians like Mr. Trump who claim “I alone can solve it” and promise to blow up the system.Mr. McConnell could have spoken forcefully against Mr. Trump many times if he really wanted to curb Mr. Trump’s influence but, with rare exceptions, chose not to do so. He voted twice to acquit Mr. Trump over his abuses of power.It seems that Mr. McConnell is fine going along with Mr. Trump if it helps his efforts to become Senate majority leader again. I believe that “a decent man” would not be so willing to sacrifice our democracy in the pursuit of power.Daniel A. SimonNew YorkA Comedian’s ‘Lies’Hasan Minhaj in 2018.Bryan Derballa for The New York TimesTo the Editor:Re “Can a Comic Stretch the Truth Too Far?,” by Jason Zinoman (On Comedy, Sept. 21), about the comedian Hasan Minhaj:It was bound to happen. The ever-hungry censor is hungry for the flesh of the comedian.All stand-up comics tell “lies.” This is their bread and butter. Most audiences know the difference between “pure” truth and comedic “lies.”I hope artists like Mr. Minhaj don’t crawl off or moderate their material.If anything, we need more, not fewer, comedians to show us the real truth, even if they need to lie to get at it.Anne BernaysCambridge, Mass.Working on Solutions to the Groundwater Crisis Loren Elliott for The New York TimesTo the Editor:Re “America Is Using Up Its Groundwater” (“Uncharted Waters” series, Sept. 2):In a lifetime of trying to rouse action on America’s unfolding groundwater crisis, I’ve often longed for a moment of mutual clarity where everyone together sees and understands the scale of the problem. This piece provided one such moment. Seeing the collated data play out in the graphics accompanying the text should leave no one in doubt about the urgency of the crisis. So I hope.What was not conveyed is the labor of thousands working on solutions. Farmers, Indigenous leaders, rural communities, scientists and even some lawmakers are pioneering new efforts that need attention and support.Satellite data is not used just to track the scale of the problem; farmers are increasingly using new satellite-based platforms to track and address water consumption in their fields. California growers are being paid to repurpose once-thirsty farmland in creative ways that encourage groundwater recharge and other public benefits — a model Congress could soon encourage elsewhere (multiple bills have been proposed).Just this summer, Indigenous communities successfully protected a huge section of northern Arizona groundwater from new mining contamination.Yes, all these efforts will need to be significantly scaled up. In the meantime, the labor and sacrifices of farmers and communities on the front lines of the crisis deserve our attention and support.Ann HaydenSan FranciscoThe writer is vice president for climate resilient water systems, Environmental Defense Fund. More

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      How Biden’s View on Presidential War Powers Has Shifted

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      The president says he can direct limited military operations without lawmakers’ approval. Most G.O.P. presidential candidates, including Donald J. Trump, did not answer a survey on executive power.If he is elected to a second term, President Biden pledged that he will go to Congress to start any major war but said he believed he was empowered “to direct limited U.S. military operations abroad” without such approval when such strikes served critical American interests.“As president, I have taken great care to ensure that military actions carried out under my command comply with this constitutional framework and that my administration consults with Congress to the greatest extent possible,” he wrote in response to a New York Times survey of presidential candidates about executive power.“I will continue to rigorously apply this framework to any potential actions in the future,” he added.The reply stood in contrast to his answer in 2007, when he was also running for president and, as a senator, adopted a narrower view: “The Constitution is clear: Except in response to an attack or the imminent threat of attack, only Congress may authorize war and the use of force.”In the survey, The New York Times asked major presidential candidates to lay out their understanding of issues that can be critical to the outcome of policy fights but about which they are rarely asked: the scope and limits of a president’s power to act unilaterally or in defiance of statutes, particularly in war, secrecy and law enforcement.Mr. Biden’s answers showed how his view of executive power evolved over years in the White House — eight as Barack Obama’s vice president and now nearly three as president.Only a handful of candidates for the Republican nomination engaged in the survey, including former Vice President Mike Pence, former Gov. Asa Hutchinson of Arkansas and Mayor Francis Suarez of Miami before he suspended his campaign late last month.Vivek Ramaswamy, a businessman and entrepreneur, answered only about half of the 14 questions, and former President Donald J. Trump declined to participate altogether, as did Gov. Ron DeSantis of Florida and Nikki Haley, the former ambassador to the United Nations, among others.The Times has published in full the answers of participants, including Mr. Biden and two of his Democratic challengers, Robert F. Kennedy Jr. and Marianne Williamson.Notably, Mr. Biden declined to embrace the idea of curtailing emergency powers Congress enacted that presidents can activate if they declare that there are exigent circumstances, said Jack Goldsmith, a Harvard Law School professor and former senior Justice Department lawyer in the Bush administration.Mr. Trump invoked emergency powers to spend more on a border wall than lawmakers were willing to appropriate, and the Biden administration invoked the authority for a plan to forgive more than $400 million in student debt. (The Supreme Court struck down the proposal over the summer.) There are bipartisan proposals in Congress to impose new curbs, such as by ensuring that national emergencies terminate after 30 days unless lawmakers affirm a presidential declaration.Asked whether he would sign such a bill, Mr. Biden instead made a vague remark about “working with Congress on devising sensible solutions to the challenges we face as a nation.” He added that he would use every tool at his disposal to respond to emergencies.“If Biden is not open to reform — and his answer was as noncommittal as he could be without saying he was not open to it — then it is likely dead on arrival,” Professor Goldsmith said.On the topic of pardons, every candidate who answered the survey said that a president cannot pardon himself. While in office, Mr. Trump claimed he had a legal right to do so, but that is an ambiguous and untested constitutional question. It could become important if he wins the 2024 election even as he faces criminal charges in two federal cases.Former President Donald J. Trump claimed he had the legal right to pardon himself.Doug Mills/The New York TimesIndeed, while Mr. Trump did not participate in the survey, many of its questions addressed disputed assertions of executive power he made as president, and he and his allies are openly planning to expand his authority over the machinery of government if he wins in 2024. Mr. DeSantis has also pushed an expansive view of executive powers as Florida governor.The refusal by the two men and most other G.O.P. contenders to answer questions on the powers they are seeking from voters reflects a party shift that emerged in the 2016 primary, which Mr. Trump upended by becoming the front-runner ahead of establishment candidates.Other Republican presidential hopefuls in the current primary campaign who declined to answer the questions included Senator Tim Scott of South Carolina, Chris Christie, the former governor of New Jersey, Gov. Doug Burgum of North Dakota, and Will Hurd, a former representative of Texas.By contrast, most major Republican primary candidates in 2007 and 2011 were willing to answer the versions of the questions put to them those years, including the party’s eventual nominees, John McCain and Mitt Romney.Four years ago, 17 Democrats vying for their party’s nomination to challenge Mr. Trump also participated in the project. Mr. Biden was among them, making his answers this cycle the third time he has participated. (His willingness to do so as an incumbent seeking re-election also stood in contrast to Mr. Obama, who declined to participate in 2011.)In 2019, Mr. Biden had already shifted to embracing the view, adopted by the executive branch under administrations of both parties, that presidents have broader constitutional authority to carry out limited attacks on other countries without congressional authorization, so long as it falls short of full-scale war.As president, both Mr. Trump and Mr. Biden used force unilaterally, citing their claimed constitutional authority to use military force without congressional permission. In April 2017 and again in April 2018, Mr. Trump directed airstrikes against Syrian government forces, and Mr. Biden in June 2021 and in August 2022 directed airstrikes on Iranian-backed militia groups in Syria.Mr. Pence, who was vice president at the time of Mr. Trump’s strikes, said: “As commander in chief, the president has a constitutional duty to use his executive authority to protect the country from imminent threats. Whether a threat is imminent is a matter of judgment, and it is essential the president be a person of character, experience, and competence whose judgment the American people can trust.”To be sure, just because candidates commit to respecting a limit while on the campaign trail does not mean they will follow through once in office. But their legal policy statements can offer a way to analyze and bring attention to any departure from what they told voters.In 2019, for example, Mr. Biden said that if elected, he would order the Justice Department to review and potentially replace a legal policy memo that says sitting presidents are temporarily immune from indictment. He strongly criticized the department’s interpretation of the Constitution, which limited the special counsel investigating the Trump campaign’s ties to Russia and Mr. Trump’s attempts to impede that inquiry, Robert S. Mueller III.But Mr. Biden never followed through on that pledge. He is now protected himself by the Justice Department’s theory since a special counsel, Robert Hur, is investigating how several classified documents were in his possession when he left the vice presidency.In his survey answers this time, Mr. Biden sidestepped a question about that issue, instead offering a vague statement about Justice Department independence.“As president, I have fulfilled my campaign promise of restoring a strong and independent Department of Justice led by top-flight legal professionals dedicated to realizing the ideal that this nation was founded on of equal justice under the law,” he wrote. “This means no one is above the law — especially the president of the United States.” More

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      Manchin Mulls His Political Future, Keeping Washington Guessing

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      The West Virginia Democrat could run for re-election to the Senate, make a third-party presidential bid or simply retire from politics. To his party’s consternation, he’s not ready to say which.Senator Joe Manchin III, the conservative West Virginia Democrat, was attending an event in his home state last month when he made a joke that quickly touched off the latest round of feverish speculation about his political future.“I will also endorse Jim for basketball coach,” Mr. Manchin said, suggesting that the popular Republican governor, Jim Justice, who has announced he will seek Mr. Manchin’s Senate seat next year, should instead be hired by West Virginia University to pursue his lifelong passion on the court.The comment seemed to suggest that Mr. Manchin, who has flirted with bolting his party and running for president as an independent, had not given up on defending his Senate seat.But as the last pivotal Democratic senator who has not yet said whether he will seek re-election, Mr. Manchin still has Washington and his party guessing about his plans.Behind closed doors, Senator Chuck Schumer of New York, the majority leader, has been relentlessly encouraging him to run, regarding Mr. Manchin — perhaps the only Democrat with a chance to win a statewide contest in deeply conservative West Virginia — as key to preserving his party’s tenuous control of the Senate. Democrats across the country have been praying that he will seek re-election rather than pursuing a presidential bid through the centrist political group No Labels, which could draw votes from President Biden and help elect a Republican.For a man who routinely seeks the spotlight when faced with politically consequential decisions, this is among the most closely watched dilemmas Mr. Manchin has confronted.“I don’t have a clue what he’s going to do, and I don’t think he knows what he’s going to do,” said Phil Smith, the longtime chief lobbyist for the United Mine Workers of America and a close ally of Mr. Manchin’s.In a brief interview in the basement of the Senate this week, Mr. Manchin said he would make a decision about his future by the end of the year. If he intends to run for re-election, he must inform the state by January.“The bottom line is, I’ve been in West Virginia for a long time and moving in the right direction,” he said. “Our approval rating’s up quite substantially in a very, very, very red state. So I feel very good about all those things.”He added, “We’ve got plenty of time.”Still, decisions will have to be made before the political terrain becomes completely clear. The most important of his considerations is which Republican he would face. To win the nomination, Mr. Justice, a wealthy Democrat turned Republican, would have to defeat Representative Alex X. Mooney, a more reliable ally of former President Donald J. Trump’s.A poll last week for the West Virginia Chamber of Commerce encapsulated Mr. Manchin’s conundrum. The senator and the governor are both popular in the state, with 56 percent of voters approving of the job Mr. Justice has done and 51 percent approving of Mr. Manchin’s performance, numbers above even Mr. Trump’s 49 percent approval rating.Gov. Jim Justice of West Virginia, a wealthy Democrat turned Republican, is very popular in the state.Shuran Huang for The New York TimesWhile the poll showed Mr. Justice beating Mr. Manchin handily in a hypothetical Senate contest, 51 percent to 38 percent, the poll also found that Mr. Manchin would narrowly lead Mr. Mooney, 45 percent to 41 percent.(Mr. Manchin’s allies point out that his approval rating increased by 9 percentage points since 2021 in the poll, while Mr. Justice declined by 5 points.)The conservative political action committee Club for Growth has said it will back Mr. Mooney in the primary. Joe Kildea, a spokesman for the group, said its political arm had raised about $14 million and would spend “whatever it takes.” That could bloody Mr. Justice, but money alone may not be enough for Mr. Mooney, who trails the governor among West Virginia Republican voters, 58 percent to 26 percent.“We beat big-government, establishment RINOs all the time,” said David McIntosh, the president of Club for Growth, referring to the conservative slur “Republicans in name only.”It is also unclear whether Mr. Trump will seek to get involved in the primary, set for May 14. In 2022, he endorsed Mr. Mooney in a House Republican primary against Representative David B. McKinley, and Mr. Mooney won easily. This time around, Mr. Trump is extremely unhappy with Club for Growth, which has funded an advertising campaign in Iowa imploring Republicans to back a different presidential candidate. Then again, he also likes to counter Senator Mitch McConnell of Kentucky, the minority leader, who backs Mr. Justice.Mr. Manchin’s allies claim that none of that is weighing particularly heavily on the senator these days.“I know it’s shocking in D.C., but Joe Manchin isn’t focused on partisan politics this year,” said Jonathan Kott, his former senior adviser in the Senate. “He will sit down with his family at the end of the year and figure out how he can best serve the people of West Virginia and the country.”Yet the timeline set by No Labels for a possible independent presidential run has complicated Mr. Manchin’s calculations. So far, the group has qualified for a spot on the presidential ballot in only 11 states and is hustling to make the ballot in many more. And though No Labels leaders still insist they will only start a “unity” ticket for the White House if the major party nominees do not move to the political center, the group has set a date in April for a convention in Dallas to choose its candidates.That means Mr. Manchin would be choosing between the Senate run and a White House bid before he knew whether No Labels would select him.His third option might be simply to retire at 76. His alma mater, West Virginia University, is in deep trouble, slashing its budget, laying off faculty and even eliminating its foreign language program. Its president, E. Gordon Gee, turns 80 in February, and a chance to lead the university out of crisis would be tempting for the senator, Mr. Manchin’s allies said.Students protesting the budget cuts that led to the elimination of foreign language programs at West Virginia University in Morgantown, W.Va., last month.Leah Willingham/Associated PressOne official with close ties to the senator pointed to the decision of one of his former chiefs of staff, Larry Puccio, to sign on with Mr. Justice as an indication that Mr. Manchin will retire.Adding to the intrigue, the senator’s daughter Heather Manchin has started a nonprofit organization, reported earlier by The Wall Street Journal, that is trying to raise more than $100 million to promote centrist policies. Those familiar with the organization, which is currently independent from Mr. Manchin, said it could serve as a landing pad for the senator if he retires from politics. The group could also conduct market research on policies and messaging that would prove useful to his presidential aspirations should he run, though Ms. Manchin denied that had anything to do with it.“This movement is not about starting a third party or rallying behind any one individual,” she said. The No Labels flirtation has perplexed some of Mr. Manchin’s allies and some political observers. Senate aides say Mr. Manchin is seriously considering it, but others suggest that he is simply using the prospect of a third-party presidential run to keep his name in the news, pressure Mr. Biden to address his policy priorities as he carries out the Inflation Reduction Act and raise money for whatever he decides to do next.A possible rival for the No Labels ticket has already emerged in Larry Hogan, a moderate Republican and the former governor of Maryland.Mr. Hogan, appearing on CBS’s “Face The Nation” on Sunday, implied that the name at the top of the No Labels ticket would have to be a Republican to ensure that the independent campaign would take at least as many votes from the current Republican front-runner, Mr. Trump, as from Mr. Biden. Democrats, he said, should relax.Mr. Manchin’s possible candidacy “is really what set them off in a panic,” Mr. Hogan said.It was at an event in Beckley, W.Va., for former Representative Nick Rahall, one of the last Democrats to represent the state in Congress, that Mr. Manchin made the quip about West Virginia University hiring Mr. Justice to coach basketball, after Mr. Gee had suggested it.The event was a dedication of Mr. Rahall’s archives, and the crowd was full of former Democrats, including Mr. Justice. Mr. Manchin was the last of his kind.Still, Mr. Rahall left confident in the senator’s survival.“Joe Manchin has said if he enters the race, he will win, and I believe him when he says that,” Mr. Rahall said. “Now, he hasn’t said which race he’ll enter.” More

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      McConnell, Dismissing Health Concerns, Says He Will Finish His Senate Term

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      The Kentucky Republican said he would finish his term as leader, which runs through 2024, and in the Senate, where he was elected to serve through 2026.Senator Mitch McConnell of Kentucky, the longtime Republican leader whose recent medical episodes have raised questions about his ability to continue steering his party in the Senate, declared on Wednesday that he had no intention of relinquishing his top post or leaving Congress ahead of schedule.“I’m going to finish my term as leader and I’m going to finish my Senate term,” Mr. McConnell, wan in appearance and defiant in tone, told reporters at the Capitol as he took questions outside the Senate chamber.In a crowded news conference, Mr. McConnell’s first at the Capitol since two alarming episodes in which he froze midsentence on camera while addressing the media, the 81-year-old minority leader refused to engage with questions about his health or his political future, even as he appeared to leave the door open to giving up his leadership post after 2024.Still, Mr. McConnell, whose seventh term in the Senate lasts through 2026, would say nothing about the spells he experienced on camera in recent weeks that left him staring vacantly into space without speaking, appearing temporarily paralyzed.“Dr. Monahan covered the subject fully,” Mr. McConnell said Wednesday, referring to a letter his office released from Dr. Brian P. Monahan, the attending physician of Congress. Mr. McConnell, who appeared notably thinner since leaving Washington six weeks ago for the summer recess, said the brief statement from Dr. Monahan, which said there was no evidence the senator had a seizure disorder or had experienced a stroke, adequately put to bed any “reasonable questions.”Several medical professionals who watched video of Mr. McConnell’s episodes suggested he had been experiencing focal seizures or mini strokes. They cast doubt on Dr. Monahan’s assessment that the incidents were merely part of a normal recovery from a concussion Mr. McConnell had sustained in March after falling at a Washington hotel.But on Wednesday, after three consecutive questions about his health, Mr. McConnell abruptly ended the news conference.Famously tight-lipped and difficult to read even in his prime, Mr. McConnell offered his colleagues little more detail in the semi-privacy of the weekly Senate Republican lunch, the first time G.O.P. senators had gathered since returning to Washington amid rumblings about a potential change at the top of the leadership ladder.There, he gave his colleagues a rundown of his medical evaluations and said he had been given a clean bill of health, according to Senator John Kennedy, Republican of Louisiana, as well as others who attended. Mr. McConnell told them that he had only frozen up twice, and simply had the misfortune of doing it both times on camera.The update was enough to reassure most of his colleagues that he was healthy enough to continue leading the conference and that it was time to move on, at least for the moment. They asked him no follow-up questions during the private lunch and later lauded him publicly for what they called a high level of transparency about his condition.“For him, this is unusual,” Senator John Cornyn of Texas, one of Mr. McConnell’s potential successors, said after the lunch. “Senator McConnell is famous for keeping his cards close to the vest; he’s very good at it. Usually it serves him well, but not in this case. I think transparency does serve him well.”“I think transparency does serve him well,” said Senator John Cornyn, Republican of Texas, praising Mr. McConnell for updating his colleagues.Kent Nishimura for The New York TimesSenator Lindsey Graham, Republican of South Carolina, described his comments during the lunch as a detailed report of his doctor’s evaluation, and said that Mr. McConnell had his full support. Mr. Graham was one of 10 G.O.P. senators who voted last fall for a change at the top of party leadership, supporting an unsuccessful challenge to Mr. McConnell by Senator Rick Scott of Florida.Senator Todd Young of Indiana said the doctor’s note had reassured him that Mr. McConnell was in “decent health,” though he signaled some uncertainty about how long that would continue.“I trust Senator McConnell will continue to lead our conference in the coming weeks, months, perhaps even years,” Mr. Young said. “But should Republicans have to choose a different leader, I’m confident we’ll settle on positive leadership that places a great emphasis on issues of national security.”Others were more skeptical of the idea that Mr. McConnell would go anywhere anytime soon.“It’ll happen when you see donkeys fly,” Mr. Kennedy said.Senator Rand Paul of Kentucky, an ophthalmologist, was one of the few Republicans on Capitol Hill to raise an eyebrow about Dr. Monahan’s brief and carefully worded statements regarding the minority leader’s health, both of which have suggested dehydration might have played a role.“I’m not questioning his ability to be in the Senate,” Mr. Paul said of Mr. McConnell. “My question is with the diagnosis. I think when you have misinformation put out there, like ‘just dehydration,’ it leads to further conjecture, well, maybe there’s something else we’re not telling.”Kayla Guo More

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      Gloria Johnson Announces Bid for Marsha Blackburn’s Senate Seat

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      Gloria Johnson, who barely avoided expulsion for her role in a gun control rally in the State Legislature, is hoping to unseat Senator Marsha Blackburn, a Republican.Gloria Johnson, a Democratic state representative from Tennessee who narrowly avoided being expelled from the Legislature in April after taking part in a gun control protest on the statehouse floor, announced plans on Tuesday to run for the U.S. Senate seat held by Senator Marsha Blackburn, a Republican.Ms. Johnson, 61, received a flood of national attention after she joined two other Democrats, Representatives Justin Jones and Justin J. Pearson, to interrupt debate on the floor of the Republican-controlled Tennessee House of Representatives and rally for stricter gun control measures in late March, just days after a shooting at a Christian school in Nashville that killed six people.In retribution, Republicans moved to expel the three Democrats — sometimes called the Tennessee Three — from the Legislature. Mr. Jones and Mr. Pearson were both ousted. Ms. Johnson was stripped of her committee assignments but avoided expulsion by just one vote. (Both men were later voted back into their positions.)Last week, the State Legislature held an emotional and chaotic special session meant to be devoted to public safety that ended without agreement on any significant new restrictions on firearm access.In a video announcing her Senate campaign, Ms. Johnson led with that issue, playing clips of news coverage of the Nashville shooting and highlighting her involvement in the gun control protest.“When my friends and I believed mothers and fathers who lost children at Covenant deserved a voice, and we fought for it, they expelled them,” she says in the video.Ms. Johnson, who represents parts of Knoxville, was first elected to the Tennessee House in 2012, then lost subsequent elections in 2014 and 2016 before again winning in 2018. For the 2024 Senate race, she is running in a contested Democratic primary against Marquita Bradshaw, an environmental justice activist who unsuccessfully ran for U.S. Senate in 2020.Both hope to unseat Ms. Blackburn, 71, who in 2018 became the first woman elected to represent Tennessee in the Senate.In her video, Ms. Johnson suggested that Ms. Blackburn was beholden to “extremists and billionaires,” criticizing her views on abortion.Senator Blackburn’s campaign spokeswoman, Abigail Sigler, accused Ms. Johnson in a statement of being a “radical socialist” who “would be a puppet” for President Biden and progressive Democrats. More