More stories

  • in

    Pentagon Chief Feared ‘Coup’ Accusations if He Deployed Troops to Capitol Riot

    Christopher C. Miller, the acting defense secretary on Jan. 6, plans to defend the Pentagon’s actions before and during the violence when he testifies before a House panel on Wednesday.WASHINGTON — Christopher C. Miller, who was the acting defense secretary when rioters attacked the Capitol on Jan. 6, plans to testify before Congress on Wednesday that he worried that sending troops to the complex would contribute to perceptions of a “military coup” under President Donald J. Trump.He will also blame Mr. Trump for encouraging the violent mob that overran the Capitol Police, according to written testimony submitted to the House Committee on Oversight and Reform.Mr. Miller’s comments, part of the lengthy defense of the Pentagon’s actions before and during the mob violence, are the first he will make in sworn testimony as various committees investigate the largest attack on the Capitol since the War of 1812. He is set to testify during an hourslong hearing before the committee at 10 a.m.“I personally believe his comments encouraged the protesters that day,” Mr. Miller plans to say about Mr. Trump.Fear of the appearance of a coup was not an explanation given by the Pentagon in the days after the riot. At the time, Defense Department officials said they largely held back because they were not asked to send troops. District of Columbia officials, the former chief of the Capitol Police and Maryland’s Republican governor have all said they called for the National Guard to be deployed for hours on Jan. 6 before the Pentagon gave approval.During the hearing, Democrats plan to press Mr. Miller and former Acting Attorney General Jeffrey A. Rosen on what they believe is a “stark contrast” between how aggressively the Justice and Defense Departments responded to Black Lives Matter protests over the summer and the pro-Trump mob attack on the Capitol, according to a committee aide. Democrats also plan to ask whether the Justice Department had a “blind spot to right-wing extremism” that prevented it from anticipating the potential for violence, the aide said.“There is no question that former President Trump’s inflammatory language provoked and incited the violent mob that stormed the United States Capitol in a last-ditch effort to overturn the lawful results of the 2020 presidential election,” said Representative Carolyn B. Maloney of New York, the committee’s chairwoman. “Yet more than four months later, Congress and the American people still have many unanswered questions about why the Trump administration did not do more in response to open threats of violence espoused by violent right-wing extremists before the attack, and why federal agencies were so slow to respond once the attack began.”Mr. Rosen will reaffirm the Justice Department’s determination that it had seen “no evidence of widespread voter fraud at a scale sufficient to change the outcome of the 2020 election,” according to his submitted testimony.He also plans to testify that the department played a secondary role in security preparations for Congress’s Jan. 6 certification of the election results and the expected protests.“Based on the updates I received, I was confident that very substantial efforts were undertaken by D.O.J. personnel in advance of Jan. 6 to understand and prepare for the potential threats, and share that information with law enforcement partners,” Mr. Rosen is expected to say.Mr. Miller plans to testify that Mr. Trump did not block the National Guard from being deployed. According to his testimony, a day before the riot, the president requested 10,000 troops to be present.“The call lasted fewer than 30 seconds, and I did not respond substantively, and there was no elaboration. I took his comment to mean that a large force would be required to maintain order the following day,” Mr. Miller wrote.Defense Department officials have come under criticism since the attack, particularly from the commander of the D.C. National Guard, who testified before Congress in March that the Pentagon had placed “unusual” restrictions on his troops before the Capitol riot. The commander, Maj. Gen. William J. Walker, who has since become the House sergeant-at-arms, said the military leaders’ fears of a repeat of aggressive tactics used during racial justice protests last year slowed decision-making and squandered time as the violence escalated.He has also said he did not receive approval to mobilize troops until more than three hours after he had requested it.But Mr. Miller is expected to defend his actions, arguing that he informed General Walker hours earlier that he could deploy the guard. He also plans to say he believed a military deployment would send the wrong message to the protesters.“My concerns regarding the appropriate and limited use of the military in domestic matters were heightened by commentary in the media about the possibility of a military coup or that advisers to the president were advocating the declaration of martial law,” Mr. Miller wrote. “I was also concerned that those seeking to obstruct the Electoral College certification or otherwise disrupt our government could provoke a soldier to act in a way that could be portrayed in the media as an attack against demonstrators exercising their First Amendment rights of assembly and speech.”Capitol security officials have blamed communication breakdowns and overlapping jurisdictions for creating utter confusion that hindered attempts to stop the assault. Mr. Miller plans to testify that those breakdowns were evident in the days before the riot.“A principal concern for the Department of Defense was the apparent lack of coordination, synchronization and information exchange with and between the numerous domestic law enforcement organizations having primary jurisdiction and responsibility over such matters in the District,” he wrote. “I felt it was my responsibility to initiate these discussions given my sense that these efforts and coordination were not tightly wired at that point.”Even so, he plans to say that he stands behind the decisions he made on Jan. 6.“I know that many fine men and women serving on the front lines on Jan. 6, 2021, with domestic law enforcement agencies did their best to protect the Capitol and the individuals who were in harm’s way from a lawless and ignorant mob acting contrary to nearly two and a half centuries of peaceful and respectful transfers of power under our Constitution,” he wrote. More

  • in

    Hispanic Democrats Run Ads Hitting Republicans Over Jan. 6 Votes

    The political action committee of the Congressional Hispanic Caucus is releasing bilingual advertisements targeting four Republicans in Congress over their support for former President Donald J. Trump and their votes on Jan. 6 to challenge the 2020 presidential election results in Arizona and Pennsylvania.The advertisements from the caucus, which is made up of 38 Democrats, target Republican members who represent heavily Latino districts in Florida, Texas, New Mexico and California, and who each won in a close election last year. The first advertisement focuses on Representative Carlos Gimenez of Florida, the former mayor of Miami, who narrowly defeated Debbie Mucarsel-Powell. The remaining ads will target Representatives Mike Garcia of California, Yvette Herrell of New Mexico and Beth Van Duyne of Texas.“These four Republicans led a misinformation campaign and helped spread the ‘Big Lie’ on social media and conservative news media outlets by sowing doubt about the presidential election results,” said Representative Ruben Gallego, a Democrat from Arizona who serves as the chairman of the caucus’s political action committee, BOLD PAC. “They tried to undermine our democracy and in doing so, they helped incite the insurrection. The best way to fight the Republican disinformation campaign is to hold them accountable for their actions.”Mr. Gimenez’s office did not immediately respond to a request for comment.The advertisement opens with footage of the Jan. 6 attack, while a voice-over introduces a police officer describing his experience defending the Capitol.“I experienced a group of individuals who were trying to kill me,” the officer says. A narrator continues: “When an extremist mob attacked the Capitol, Congressman Carlos Gimenez was forced to hide. But hours later, with blood still on the floors of the Capitol, he voted with Trump and helped spread the same lies that left a police officer dead and many others injured.” More

  • in

    Trump Acting Attorney General to Say No Widespread Fraud in 2020

    The top Justice Department official at the time of the Jan 6. attack on the Capitol is expected to tell lawmakers on Wednesday that the department saw no evidence to undercut President Biden’s election win, even as Republicans continue to question the results and use those doubts to underpin restrictive voting laws.The Justice Department “had been presented with no evidence of widespread voter fraud at a scale sufficient to change the outcome of the 2020 election,” Jeffrey A. Rosen, who served as the acting attorney general for the final month of the Trump administration, said in a prepared statement to the House Oversight Committee.The department chose not to participate in legal challenges to the certification of the Electoral College results based on that assessment, his opening statement said, declining to appoint special prosecutors to look into election fraud or to ask state officials to overturn the results.Mr. Rosen agreed to participate in the hearing about the delayed law enforcement response to the mob at the Capitol.Former Deputy Attorney General Jeffrey A. Rosen during a press conference at the Department of Justice in September 2020.Pool photo by Olivier DoulieryThe Justice Department played a secondary role in security preparations for Congress’s Jan. 6 certification of the election results and expected protests, Mr. Rosen’s statement said. Washington’s Metropolitan Police Department led the planning.In preparation for the demonstrations, the Justice Department focused on gathering intelligence about potential threats and sharing it with the Homeland Security Department and local law enforcement, while the Metropolitan Police Department was primarily responsible for security. Mr. Rosen is expected to say that the number of protesters who gathered on Jan. 6 was on the low end of the department’s crowd size estimate.The day before the riot, the F.B.I. also set up a national coordination center at its headquarters in Washington to disseminate information. “Based on the updates I received, I was confident that very substantial efforts were undertaken by D.O.J. personnel in advance of Jan. 6 to understand and prepare for the potential threats, and share that information with law enforcement partners,” Mr. Rosen is expected to testify.He said in his opening remarks that his office took the additional step of pre-positioning tactical teams from the F.B.I., the A.T.F. and the U.S. Marshals Service near Washington, even though no other law enforcement agencies had requested them.Mr. Rosen is expected to say that soon after the crowd breached the Capitol, the Justice Department responded to requests for help from the Capitol Police, congressional leaders and White House staff. Some personnel were on the ground soon after the calls were made, and “sizable numbers” arrived by 2:40 that afternoon to help clear the building and ensure that the election was certified. More

  • in

    Arizona Election Results Review Is Riddled With Flaws, Says Official

    Arizona’s top election official said the effort ordered by Republican state senators leaves ballots unattended and lacks basic safeguards to protect the process from manipulation.Untrained citizens are trying to find traces of bamboo on last year’s ballots, seemingly trying to prove a conspiracy theory that the election was tainted by fake votes from Asia. Thousands of ballots are left unattended and unsecured. People with open partisan bias, including a man who was photographed on the Capitol steps during the Jan. 6 riot, are doing the recounting.All of these issues with the Republican-backed re-examination of the November election results from Arizona’s most populous county were laid out this week by Katie Hobbs, Arizona’s Democratic secretary of state, in a scathing six-page letter. Ms. Hobbs, called the process “a significant departure from standard best practices.”“Though conspiracy theorists are undoubtedly cheering on these types of inspections — and perhaps providing financial support because of their use — they do little other than further marginalize the professionalism and intent of this ‘audit,’” she wrote to Ken Bennett, a former Republican secretary of state and the liaison between Republicans in the State Senate and the company conducting it.The effort has no official standing and will not change the state’s vote, whatever it finds. But it has become so troubled that the Department of Justice also expressed concerns this week in a letter saying that it might violate federal laws.“We have a concern that Maricopa County election records, which are required by federal law to be retained and preserved, are no longer under the ultimate control of elections officials, are not being adequately safeguarded by contractors, and are at risk of damage or loss,” wrote Pamela Karlan, the principal deputy assistant attorney general with the Justice Department’s Civil Rights Division.The scene playing out in Arizona is perhaps the most off-the-rails episode in the Republican Party’s escalating effort to support former President Donald J. Trump’s lie that he won the election. Four months after Congress certified the results of the presidential election, local officials around the country are continuing to provide oxygen for Mr. Trump’s obsession that he beat Joseph R. Biden Jr. last fall.In Arizona, the review is proving to be every bit as problematic as skeptics had imagined.Last month, the Arizona Republic editorial board called for the state’s G.O.P. Senate majority to stop “abusing its authority.”“Republicans in the Arizona Legislature have set aside dollars, hired consultants, procured the hardware and software to conduct what they call ‘an audit’ of the 2020 presidential election in Maricopa County,” the editorial said. “What they don’t have is the moral authority to make it credible.”Katie Hobbs, Arizona’s secretary of state, said the process had ignored long-established safeguards against mistakes or deliberate manipulation of the election results.Pool photo by Ross D. FranklinRepublican state senators ordered a review of the election in Maricopa County, whose 2.1 million ballots accounted for two-thirds of the entire vote statewide, in December, after some supporters of Mr. Trump refused to accept his 10,457-vote loss in Arizona. Democrats had flipped the county, giving Mr. Biden more than enough votes to ensure his victory statewide.The senators later assigned oversight of the effort to a Florida-based company, Cyber Ninjas, whose chief executive had publicly embraced conspiracy theories claiming that voting machines had been rigged to deliver the state to Mr. Biden. Since then, supporters of Mr. Trump’s stolen-election story line have been given broad access to the site of the review, while election experts, the press and independent observers have struggled to gain access, sometimes resorting to going to court.In one much-noted instance, Anthony Kern, a former state representative photographed on the Capitol steps on the day of the insurrection — and who was on the Maricopa ballot both as a legislative candidate and as a presidential elector — was hired to help recount ballots.Among other concerns, Ms. Hobbs’s letter contended that stacks of ballots were not properly protected and that there was no apparent procedure for preventing the commingling of tallied and untallied ballots.The security violations spotted by observers, the letter stated, included ballots left unattended on tables and ballots counted using scrap paper instead of official tally sheets. Counters receive “on the fly” training. Ballots from separate stacks are mixed together. Software problems cause ballot images to get lost. The letter also noted that some aspects of the process “appear better suited for chasing conspiracy theories than as a part of a professional audit.”For instance, some ballots are receiving microscope and ultraviolet-light examinations, apparently to address unfounded claims that fraudulent ballots contained watermarks that were visible under UV light — or that thousands of fraudulent ballots were flown in from Southeast Asia using paper with bamboo fibers.John Brakey, an official helping supervise the effort, said high-powered microscopes were being used to search for evidence of fake ballots, according to a video interview with the CBS News affiliate in Phoenix.“There’s accusations that 40,000 ballots were flown in, to Arizona, and it was stuffed into the box,” he said in a taped interview. “And it came from the southeast part of the world, Asia, OK. And what they’re doing is to find out if there’s bamboo in the paper.”“I don’t believe any of that,” he added. “I’m just saying it’s part of the mystery that we want to un-gaslight people about.”Republicans in the Senate signed a contract agreeing to pay $150,000 for the vote review, a figure that many said then would not cover its cost. A variety of outside groups later started fund-raisers to offset extra expenses, including the right-wing One America News cable channel and an Arizona state representative, Mark Finchem, who argues the election was stolen. How much in outside donations has been collected — and who the donors are — is unclear.The letter from the secretary of state also said that equipment and software being used to display images of ballots had not been tested by a federal laboratory or certified by the federal Election Assistance Commission, as state law requires. That left open the possibility, the letter said, that the systems could have been preloaded with false images of ballots or that the software had been designed to manipulate ballot images — concerns similar to those that believers in a stolen election had themselves raised.Ms. Hobbs also said the procedures for checking the accuracy of the effort included no “reliable process for ensuring consistency and resolving discrepancies” among the three separate counts of ballots. It also appeared that the task of entering recount results into an electronic spreadsheet was performed by a single person rather than a team of people from both political parties, the letter stated.Mr. Bennett, the liaison between Republicans in the State Senate and the company conducting the vote review, did not immediately respond to a request for comment.But Ms. Hobbs concluded her letter to him by saying, “you know that our elections are governed by a complex framework of laws and procedures designed to ensure accuracy, security, and transparency. You also must therefore know that the procedures governing this audit ensure none of those things.“I’m not sure what compelled you to oversee this audit, but I’d like to assume you took this role with the best of intentions. It is those intentions I appeal to now: either do it right, or don’t do it at all.” More

  • in

    Stefanik Moves to Oust Cheney, Resurfacing False Election Claims

    Republicans say Liz Cheney, their No. 3, is being targeted because she won’t stay quiet about Donald J. Trump’s election lies. Her would-be replacement is campaigning on them.WASHINGTON — As House Republicans have made the case for ousting Representative Liz Cheney, their No. 3, from their leadership ranks, they have insisted that it is not her repudiation of former President Donald J. Trump’s election lies that they find untenable, but her determination to be vocal about it.But on Thursday, Representative Elise Stefanik of New York, the Republican whom leaders have anointed as Ms. Cheney’s replacement in waiting, loudly resurrected his false narrative, citing “unprecedented, unconstitutional overreach” by election officials in 2020 and endorsing an audit in Arizona that has become the latest avenue for conservatives to try to cast doubt on the results.“It is important to stand up for these constitutional issues, and these are questions that are going to have to be answered before we head into the 2022 midterms,” Ms. Stefanik told Stephen K. Bannon, Mr. Trump’s former strategist, in the first of a pair of interviews on Thursday with hard-right acolytes of the former president.The comments, Ms. Stefanik’s first in public since she announced she was taking on Ms. Cheney, reflected how central the former president’s election lies have become to the Republican Party message, even as its leaders insist they are determined to move beyond them and focus on attacking Democrats as radical, big-spending socialists before the 2022 midterm elections.Far from staying quiet about the false election claims on Thursday, Ms. Stefanik effectively campaigned on them, describing Mr. Trump on Mr. Bannon’s show as the “strongest supporter of any president when it comes to standing up for the Constitution,” and asserting that Republicans would work with him as “one team.”“The job of the conference chair is to represent the majority of the House Republicans, and the vast majority of the House Republicans support President Trump, and they support his focus on election integrity and election security,” Ms. Stefanik later told Sebastian Gorka, a former adviser to Mr. Trump. The job, she said in an unmistakable jab at Ms. Cheney, “is not to attack members of the conference and attack President Trump.”While Ms. Stefanik avoided claiming outright that the election was stolen, she praised the Arizona audit, a Republican-led endeavor that critics in both parties have described as a blow to democratic norms and a political embarrassment, as “incredibly important.” She said recounting votes there and scrutinizing how Pennsylvania and other states administered the 2020 election were “valid, important questions and issues that the American people deserve policy proposals and answers on.”It was a stark contrast from Ms. Cheney, who has relentlessly upbraided the former president for falsely claiming the election was stolen and on Wednesday beseeched Republican lawmakers in a scathing opinion piece to excise him from the party. Ms. Cheney voted against her party’s efforts to invalidate the election results on Jan. 6, while Ms. Stefanik — like most House Republicans — voted to reject Pennsylvania’s electoral votes for President Biden.Some Republicans, including the hard-right lawmakers who led a charge to try to remove Ms. Cheney in February after she voted to impeach Mr. Trump, readily conceded that they were unwilling to tolerate dissent from their party leaders.“All the polling indicates that President Trump is still the titleholder,” Representative Andy Biggs of Arizona, the chairman of the Freedom Caucus, said on Fox News. Ms. Cheney “can tell what her version of the truth is, but she can’t do it as the leader of the Republican Party in Congress.”For many Republicans, however, the calculation to boot Ms. Cheney, a strict conservative, in favor of Ms. Stefanik, who has a far more moderate voting record but has wholeheartedly embraced Mr. Trump, is more complicated.In interviews with lawmakers and party operatives, all of whom requested anonymity to discuss the internal turmoil, several expressed concern about the optics of purging the only female member of leadership and a daughter of a conservative dynasty for her resolve to call out Mr. Trump’s lies. They worried that the move to oust Ms. Cheney could spook donors who might chafe at sending money to Republicans so closely associated with the Jan. 6 riot, and ultimately voters who might be alienated by the party’s refusal to brook dissent.But they were also wrestling with the political downsides of keeping Ms. Cheney in her post, worried that they would continue to be forced to answer for her unyielding broadsides against the myth of a stolen election that many of their voters believe. Several lawmakers privately lamented her stubbornness and said they wished Ms. Cheney would focus solely on attacking Democrats.Representative Elise Stefanik of New York, the Republican whom leaders have annointed as Ms. Cheney’s replacement in waiting, has loudly resurrected Mr. Trump’s false election narrative.Cindy Schultz for The New York TimesThat has been the approach taken by Senator Mitch McConnell, Republican of Kentucky and the minority leader, who was initially vocal in his criticism of Mr. Trump and support of Ms. Cheney, but more recently has refused to broach either subject.On Thursday, for the second day in a row, he sidestepped questions about Mr. Trump and Ms. Cheney, saying he was solely focused on challenging Mr. Biden and Democrats, and “looking forward — not backward.”“Members do not want to have to defend themselves against attacks from members of their own leadership team,” said John Feehery, a Republican strategist and former House leadership aide. “The primary job of the House Republican Conference chair is to set up and facilitate the weekly press conferences conducted by the House Republican leadership. If you go out of your way to embarrass your leaders at those press conferences, you are not doing your job and you won’t last in that position very long.”Representative Ashley Hinson of Iowa, a rising freshman star who voted against her party’s attempt to invalidate the election results, came out on Thursday in support of Ms. Stefanik, saying she respected Ms. Cheney’s “strong conservative record and service to our country” but wanted relief from the infighting that had plagued the conference.“If Republicans are divided, and not focusing all of our efforts against radical Democrat policies, Speaker Pelosi will remain in power,” Ms. Hinson said in a statement that called Ms. Stefanik “the right person to unify and lead our conference at this time.”Others appeared torn. Representative Nancy Mace, Republican of South Carolina, who had vocally condemned Mr. Trump for his role in encouraging the attack on the Capitol on Jan. 6 and warned that the Republican Party could not define itself solely around the former president, said she was tired of “having these fights publicly.”“I want to move forward,” Ms. Mace told Fox Business’s Neil Cavuto. “I want to win back the House in a year and a half. We can get the majority back, and we’ve got to stop fighting with each other in public.”Ms. Mace warned that if the party continued “to make our party and our country about one person, and not about hard-working Americans in the this country, we’re going to continue to lose elections.” Asked whether she was referring to Mr. Trump or Ms. Cheney, Ms. Mace replied, “All of the above.”Some arch-conservative Republicans who are eager to oust Ms. Cheney — many of whom have despised her hawkish foreign policy views for years — have been quietly skeptical of Ms. Stefanik despite her endorsement from Mr. Trump, noting the low rankings conservative groups like the Heritage Foundation and American Conservative Union have given her. On Wednesday night, the anti-tax Club for Growth opposed her campaign, branding her “a liberal.”“House Republicans should find a conservative to lead messaging and win back the House Majority,” the group wrote in a statement on Twitter.But despite the hand-wringing among the rank-and-file, by Thursday, Ms. Stefanik’s allies, including Representative Jim Jordan of Ohio, one of the founders of the Freedom Caucus, publicly predicted that she would be conference chairwoman as soon as Wednesday, when Republicans plan to meet.“For sure the votes are there,” Mr. Jordan said on Fox News. “You can’t have a Republican conference chair taking a position that 90 percent of the party disagrees with, and you can’t have a Republican Party chair consistently speaking out against the individual who 74 million Americans voted for.”Carl Hulse More

  • in

    In Turning on Liz Cheney, G.O.P. Bows to Trump’s Election Lies

    House Republicans were lobbying to replace Representative Liz Cheney, who has vocally called out Donald J. Trump’s lies, with Representative Elise Stefanik, who has embraced them.WASHINGTON — Top Republicans moved swiftly on Wednesday to purge Representative Liz Cheney of Wyoming from their leadership ranks for vocally rejecting Donald J. Trump’s election lies, laying the groundwork to install a replacement who has embraced his false claims of voting fraud.The move to push out Ms. Cheney as the No. 3 House Republican in favor of Representative Elise Stefanik of New York, a Trump loyalist who voted to overturn President Biden’s victory in key states, reflected how thoroughly the party’s orthodoxy has come to be defined by fealty to the former president and a tolerance for misinformation, rather than policy principles.“The Republican Party is at a turning point, and Republicans must decide whether we are going to choose truth and fidelity to the Constitution,” Ms. Cheney wrote in a searing opinion piece published in the Washington Post on Wednesday evening. She framed her fate as a referendum on the party’s future and warned that Republicans must “steer away from the dangerous and anti-democratic Trump cult of personality.”Ms. Cheney, 54, is a conservative who rarely defected from Mr. Trump’s policy positions in Congress, but she has refused to absolve him or the party of their roles in fomenting the Jan. 6 assault on the Capitol with groundless claims of fraud in the 2020 election. Ms. Stefanik, 36, is more moderate and has more often parted ways with Republicans over her years in Congress, but she has emerged recently as one of Mr. Trump’s most vociferous defenders, willing to indulge and even amplify those claims.After days of quiet discussions about ousting Ms. Cheney, the effort erupted into open Republican warfare on Wednesday morning. Party leaders and Mr. Trump himself publicly boosted Ms. Stefanik, both women issued defiant statements about their intentions and dueling factions in the party competed to frame an episode with broad implications for the 2022 midterm elections and beyond.By day’s end, even President Biden had weighed in on what he called a “mini-rebellion” in the Republican ranks, arguing that the party was plagued by an inability to define itself.The turmoil illustrated how heavily Mr. Trump still looms over the Republican Party, where a pilgrimage to pay homage to the former president at his Mar-a-Lago club in Palm Beach, Fla., has become a required stop for elected leaders and efforts to restrict voting — in the name of his claims of a stolen election — are proliferating around the country.What was clear on Wednesday was that House Republicans were headed for a confrontation, as soon as next week, that now appears likely to result in Ms. Cheney’s firing from her leadership post. Representative Steve Scalise of Louisiana, the No. 2 Republican, became the highest-ranking figure to call for her removal, endorsing Ms. Stefanik as Representative Kevin McCarthy of California, the minority leader, lobbied behind the scenes on the New Yorker’s behalf.“House Republicans need to be solely focused on taking back the House in 2022 and fighting against Speaker Pelosi and President Biden’s radical socialist agenda,” said Lauren Fine, a spokeswoman for Mr. Scalise. “Elise Stefanik is strongly committed to doing that, which is why Whip Scalise has pledged to support her for conference chair.”Support from Mr. McCarthy, in particular, had helped save Ms. Cheney from a similar challenge in February after her vote to impeach Mr. Trump. But the top leader, like rank-and-file Republicans, had grown increasingly frustrated in recent weeks as Ms. Cheney continued to call out Mr. Trump in media interviews and took shots at her own party for tolerating his falsehoods, including during a party retreat in Orlando last week.By Wednesday, as it became clear that Mr. McCarthy had turned on her, Ms. Cheney was hitting back at him personally, noting that while the leader had initially condemned Mr. Trump for failing to call off his supporters during the Jan. 6 riot, “he has since changed his story.”Mr. Trump, who had been furious at Mr. McCarthy and others for backing Ms. Cheney earlier this year, sought to drive a nail in her political coffin on Wednesday. In a statement, he derided her as a “warmongering fool” and endorsed Ms. Stefanik, whom he called “a far superior choice.”“We want leaders who believe in the Make America Great Again movement, and prioritize the values of America First,” he wrote. “Elise is a tough and smart communicator!”Ms. Stefanik, a fourth-term congresswoman representing New York’s Adirondack region, had initially been wary of appearing as if she was pushing Ms. Cheney out for personal gain. But mere minutes after receiving Mr. Trump’s support, she abandoned any hint of reticence and took her campaign to replace Ms. Cheney public. “We are unified and focused on FIRING PELOSI & WINNING in 2022!” she wrote on Twitter.Seeing votes stacking up against Ms. Cheney, her supporters said she would not fight the drive to dethrone her; unlike in February, she has not tried to rally her allies on or off Capitol Hill. But they said she also did not intend to go quietly.Representative Adam Kinzinger of Illinois, perhaps Ms. Cheney’s most outspoken supporter, demanded on Twitter that every lawmaker “go on the record as to how they will vote on @RepLizCheney in operation #coverupJan6 and concerned donors should take notes.”Ms. Cheney herself sought to appeal to like-minded Republicans in her opinion piece, warning that they risked driving the party toward irrelevance for short-term gain.“While embracing or ignoring Trump’s statements might seem attractive to some for fund-raising and political purposes, that approach will do profound long-term damage to our party and our country,” Ms. Cheney wrote. “Trump has never expressed remorse or regret for the attack of Jan. 6 and now suggests that our elections, and our legal and constitutional system, cannot be trusted to do the will of the people. This is immensely harmful.”Yet she found few other Republicans willing to defend her publicly, even among those who forcefully condemned Mr. Trump after Jan. 6 and sought to wrestle control of the party away from him.Senator Mitch McConnell of Kentucky, the minority leader who vocally stood behind Ms. Cheney in the past and had previously made clear he wanted to purge Mr. Trump from the party, declined to address her predicament on Wednesday.“One hundred percent of my focus is on stopping this administration,” he said, repeating the sentence almost word for word in response to follow-up questions about the move to oust Ms. Cheney.Weighing in on Wednesday from the White House, Mr. Biden, who has sought out Republican support to pass a series of sprawling infrastructure plans, expressed regret about what he characterized as a party at risk of imploding.“We badly need a Republican Party,” Mr. Biden said. “We need a two-party system. It’s not healthy to have a one-party system.”In rallying around Ms. Stefanik, Republicans were turning to a figure who has embodied elements of the party’s transformation since she arrived in the House in 2015, as the youngest woman ever elected to Congress at the time. A Harvard graduate and former aide to President George W. Bush and Speaker Paul D. Ryan, the 2012 vice-presidential nominee, Ms. Stefanik has shifted easily from the old Republican establishment to a new one forming around Mr. Trump.Representative Liz Cheney has refused to absolve Mr. Trump or the Republican Party of their roles in fomenting the assault on the Capitol.Anna Moneymaker for The New York TimesWhile she began as one of the more moderate members of the Republican Conference — her voting record is far less conservative than Ms. Cheney’s, according to the conservative Heritage Foundation — Ms. Stefanik became one of Mr. Trump’s most strident loyalists. That role has buoyed her rapid ascension and brought in millions of dollars in campaign donations.In a lengthy, error-riddled statement published on Jan. 6 explaining why she would vote to invalidate the election, Ms. Stefanik repeated a number of Mr. Trump’s baseless claims of widespread improprieties, including incorrectly claiming that “more than 140,000 votes came from underage, deceased and otherwise unauthorized voters” in one county in Georgia alone.Her metamorphosis mirrored that of her upstate New York district, where voters had supported a string of Democratic presidential candidates — including Barack Obama twice — before throwing their backing to Mr. Trump in 2016.Yet Ms. Stefanik has also been at the forefront of her party’s efforts to improve its standing and representation among women at a time when Mr. Trump’s caustic style threatened to alienate them and further narrow Republicans’ appeal. Her political action committee supported several of the current freshman class’s rising stars, all of them women who almost single-handedly secured the party’s impressive gains against Democrats in last year’s elections.“I know I am here in Congress because Republican women like Elise Stefanik paved the way,” said Representative Young Kim, Republican of California. “She saw the importance of helping women candidates to make it out of the primary if Republicans were serious about electing more women and growing the G.O.P. base.”Her allies argue that Ms. Stefanik’s ascendancy will bolster the party as Republicans seek to win back the House and the Senate in the midterm elections, describing her as a disciplined messenger with easy mastery over policy.“They are going to find a very smart, charming and confident younger member of Congress,” said Michael Steel, a Republican strategist who worked with Ms. Stefanik as an aide to Mr. Ryan in 2012. “And I think that is a good thing for the Republican Party right now.”In a glowing blurb for Time magazine’s “100 Next” list in 2019, Mr. Ryan, who has also backed Ms. Cheney, hailed Ms. Stefanik as the future of the Republican Party.“Like any good architect, Elise sees around the corner,” Mr. Ryan wrote. “She is thinking about the big picture when the crowd is scrambling to capitalize on the controversy of the day.” More

  • in

    The Facebook Oversight Board's Verdict on the Trump Ban

    In the end, they passed the buck.A year ago, Facebook introduced an oversight board that it said would help it answer difficult moderation questions — that is, who is allowed to use the social media site to amplify his voice and who is not.Yet when presented with its most consequential issue — whether to uphold the site’s indefinite suspension of Donald Trump — the board on Wednesday said Facebook should make the ultimate decision.The whole farce highlights the fatuousness of having a quasi-court assist a multinational corporation in making business decisions. Its members may be deliberative, earnest and thoughtful, but the oversight board cannot compel Facebook to make underlying policy changes nor set meaningful precedent about moderation. Its remit is only to decide whether specific posts should remain on the site or be removed.Helle Thorning-Schmidt, an oversight board co-chair and former prime minister of Demark, sought to bolster the body’s importance. “Anyone who is concerned about Facebook’s excessive concentration of power should welcome the oversight board clearly telling Facebook that they cannot invent new unwritten rules when it suits them,” she said in a call with media outlets.Michael McConnell, another co-chair and a Stanford Law School professor, said Facebook was “open to the suggestions of the board” in an interview. “The immediate holding of our decision is binding and I do think that they are going to set precedent.” He added, “The analogy to the Supreme Court is not bad.”But Facebook is no public entity and the board’s policy rulings have no legal standing beyond co-opting the language of the legal system. The company, meaning its chief executive, Mark Zuckerberg, will act in its best interests as a business.(Twitter, Mr. Trump’s favored platform, shut down his account two days after the Capitol riot on Jan. 6 and has announced no plans to restore it, nor has the company farmed out the decision to a third party.)Declining to amplify Mr. Trump’s lies on Facebook as the country was reeling from the Capitol attack was a good business decision for Facebook at the time, but restoring his account, with its some 35 million followers, may also eventually be a good business decision.The board, made up of 20 handpicked scholars, lawyers, politicians and other heavyweights, said Donald Trump’s use of Facebook to spur on the Jan. 6 attack on the Capitol was worthy of an account ban, but that Facebook needed to clarify the duration. The board said that Facebook must decide within six months on a lifetime ban or one of a specific duration.The issue could drag on, however. The board said it could very well have to rule again on Mr. Trump’s status after Facebook makes its decision.Beyond the specifics of Mr. Trump’s use of Facebook and Instagram, the oversight board requested the social media company better explain how its rules apply to public figures and more clearly enumerate its strikes and penalties processes, which can appear opaque, particularly when users are suspended or barred with little warning.Facebook allows an exemption for politicians to lie or break other of its rules in what the company says is the interest of newsworthiness. This is the opposite of how it should be: Politicians are more likely to be believed than regular folks, who are held to a higher standard on the site.Mr. Trump repeatedly violated Facebook’s community standards, including by threatening other world leaders and pushing conspiracy theories about his enemies. Nearly a quarter of his roughly 6,000 posts last year featured extremist rhetoric or misinformation about the election, his critics or the coronavirus.And he made it clear on Monday, as the oversight board’s public relations team began publicizing the imminent decision, that his time out of office has not chastened him. Regarding the decisive and fairly run November election, Mr. Trump wrote: “The Fraudulent Presidential Election of 2020 will be, from this day forth, known as THE BIG LIE!”Ms. Thorning-Schmidt chastised Facebook for what she said were arbitrary rule-making procedures. “The oversight board is clearly telling Facebook that they can’t just invent new, unwritten rules when it suits them and for special uses,” she said. “They have to have a transparent way of doing this.”But therein lies the unresolvable contradiction. Facebook’s rules, and its oversight board, are constructs of a private entity whose only real accountability is to its founder and chief executive.The board is good government theater. Until Facebook gives the board a much stronger mandate, it will remain just that.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Trump Ban From Facebook Upheld by Oversight Board

    A company-appointed panel ruled that the ban was justified at the time but added that the company should reassess its action and make a final decision in six months.SAN FRANCISCO — A Facebook-appointed panel of journalists, activists and lawyers on Wednesday upheld the social network’s ban of former President Donald J. Trump, ending any immediate return by Mr. Trump to mainstream social media and renewing a debate about tech power over online speech.Facebook’s Oversight Board, which acts as a quasi-court over the company’s content decisions, said the social network was right to bar Mr. Trump after he used the site to foment an insurrection in Washington in January. The panel said the ongoing risk of violence “justified” the move.But the board also said that an indefinite suspension was “not appropriate,” and that the company should apply a “defined penalty.” The board gave Facebook six months to make its final decision on Mr. Trump’s account status.“Our sole job is to hold this extremely powerful organization, Facebook, to be held accountable,” Michael McConnell, co-chair of the Oversight Board, said on a call with reporters. The ban on Mr. Trump “did not meet these standards,” he said.The decision adds difficulties to Mr. Trump rejoining mainstream social media, which he had used during his White House years to cajole, set policy, criticize opponents and rile up his tens of millions of followers. Twitter and YouTube had also cut off Mr. Trump in January after the insurrection at the Capitol building, saying the risk of harm and the potential for violence that he created were too great.But while Mr. Trump’s Facebook account remains suspended for now, he may be able to return to the social network once the company reviews its action. Mr. Trump still holds tremendous sway over Republicans, with his false claims of a stolen election continuing to reverberate. On Wednesday, House Republican leaders moved to expel Representative Liz Cheney of Wyoming from her leadership post for criticizing Mr. Trump and his election lies.Representatives for Mr. Trump did not immediately return requests for comment. On Tuesday, he unveiled a new site, “From the desk of Donald J. Trump,” with a Twitter-like feed, to communicate with his supporters.Mr. Trump’s continued Facebook suspension gave Republicans, who have long accused social media companies of suppressing conservative voices, new fuel against the platforms. Mark Zuckerberg, Facebook’s chief executive, has testified in Congress several times in recent years about whether the social network has shown bias against conservative political views. He has denied it.Senator Marsha Blackburn, Republican of Tennessee, said the Facebook board’s decision was “extremely disappointing” and that it was “clear that Mark Zuckerberg views himself as the arbiter of free speech.” And Representative Jim Jordan, Republican of Ohio, said Facebook, which faces antitrust scrutiny, should be broken up.Democrats were also unhappy. Frank Pallone, the chairman of the House energy and commerce committee, tweeted, “Donald Trump has played a big role in helping Facebook spread disinformation, but whether he’s on the platform or not, Facebook and other social media platforms with the same business model will find ways to highlight divisive content to drive advertising revenues.”The decision underlined the power of tech companies in determining who gets to say what online. While Mr. Zuckerberg has said that he does not wish his company to be “the arbiter of truth” in social discourse, Facebook has become increasingly active about the kinds of content it allows. To prevent the spread of misinformation, the company has cracked down on QAnon conspiracy theory groups, election falsehoods and anti-vaccination content in recent months, before culminating in the blocking of Mr. Trump in January.“This case has dramatic implications for the future of speech online because the public and other platforms are looking at how the oversight board will handle what is a difficult controversy that will arise again around the world,” said Nate Persily, a professor at Stanford University’s law school.He added, “President Trump has pushed the envelope about what is permissible speech on these platforms and he has set the outer limits such that if you are unwilling to go after him, you are allowing a large amount of incitement and hate speech and disinformation online that others are going to propagate.”In a statement, Facebook said it was “pleased” that the board recognized that its barring of Mr. Trump in January was justified. The company added that it would consider the ruling and “determine an action that is clear and proportionate.”Mr. Trump’s case is the most prominent that the Facebook Oversight Board, which was conceived in 2018, has handled. The board, which is made up of 20 journalists, activists and former politicians, reviews and adjudicates the company’s most contested content moderation decisions. Mr. Zuckerberg has repeatedly referred to it as the “Facebook Supreme Court.”But while the panel is positioned as independent, it was founded and funded by Facebook and has no legal or enforcement authority. Critics have been skeptical of the board’s autonomy and have said it gives Facebook the ability to punt on difficult decisions.Each of its cases is decided by a five-person panel selected from among the board’s 20 members, one of whom must be from the country in which the case originated. The panel reviews the comments on the case and makes recommendations to the full board, which decides through a majority vote. After a ruling, Facebook has seven days to act on the board’s decision.Mark Zuckerberg, the Facebook chief executive, testified before during the Senate judiciary committee last year. He has denied that the platform showed political bias.Pool photo by Hannah Mckay/EPA, via ShutterstockSince the board began issuing rulings in January, it has overturned Facebook’s decisions in four out of the five cases it has reviewed. In one case, the board asked Facebook to restore a post that used Joseph Goebbels, the Nazi propaganda chief, to make a point about the Trump presidency. Facebook had earlier removed the post because it “promoted dangerous individuals,” but complied with the board’s decision.In another case, the board ruled that Facebook had overreached by taking down a French user’s post that erroneously suggested the drug hydroxychloroquine could be used to cure Covid-19. Facebook restored the post but also said it would keep removing the false information following guidance by the Centers for Disease Control and Prevention and the World Health Organization.In Mr. Trump’s case, Facebook also asked the board to make recommendations on how to handle the accounts of political leaders. On Wednesday, the board suggested the company should publicly explain when it was applying special rules to influential figures, though it should impose definite time limits when doing so. The board also said Facebook should more clearly explain its strikes and penalties process, and develop and publish a policy that governs responses to crises or novel situations where its regular processes would not prevent imminent harm.“Facebook has been clearly abused by influential users,” said Helle Thorning-Schmidt, a co-chair of the Oversight Board.Facebook does not have to adopt these recommendations but said it “will carefully review” them.For Mr. Trump, Facebook was long a place to rally his digital base and support other Republicans. More than 32 million people followed him on Facebook, though that was far fewer than the more than 88 million followers he had on Twitter.Over the years, Mr. Trump and Mr. Zuckerberg also shared a testy relationship. Mr. Trump regularly assailed Silicon Valley executives for what he perceived to be their suppression of conservative speech. He also threatened to revoke Section 230, a legal shield that protects companies like Facebook from liability for what users post.Mr. Zuckerberg occasionally criticized some of Mr. Trump’s policies, including the handling of the pandemic and immigration. But as calls from lawmakers, civil rights leaders and even Facebook’s own employees grew to rein in Mr. Trump on social media, Mr. Zuckerberg declined to act. He said speech by political leaders — even if they spread lies — was newsworthy and in the public interest.The two men also appeared cordial during occasional meetings in Washington. Mr. Zuckerberg visited the White House more than once, dining privately with Mr. Trump.The politeness ended on Jan. 6. Hours before his supporters stormed the Capitol, Mr. Trump used Facebook and other social media to try to cast doubt on the results of the presidential election, which he had lost to Joseph R. Biden Jr. Mr. Trump wrote on Facebook, “Our Country has had enough, they won’t take it anymore!”Less than 24 hours later, Mr. Trump was barred from the platform indefinitely. While his Facebook page has remained up, it has been dormant. His last Facebook post, on Jan. 6, read, “I am asking for everyone at the U.S. Capitol to remain peaceful. No violence!”Cecilia Kang More