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    What the Trump Documents Might Tell the Jan. 6 Committee

    Following last week’s Supreme Court ruling, the House panel has received material that it hopes could flesh out how the attack on the Capitol came about.The National Archives has turned over to the House select committee investigating the assault on the Capitol last Jan. 6 a large batch of documents that former President Donald J. Trump had sought to keep out of the panel’s hands, citing executive privilege.The committee has yet to make the documents public or disclose how far along it is in scrutinizing them for any new information about the roles played by Mr. Trump and his inner circle in the effort to delay certification of Joseph R. Biden Jr.’s victory in the 2020 presidential election.But in court filings, Mr. Trump, his legal team and the archives identified the documents that he was seeking to shield through claims of executive privilege, an argument that the Supreme Court rejected last week.It remains unclear how valuable the documents — at least 770 pages — will be to the investigation. But here is a list of them as identified in the court filings, what is known about them and how they might fit into the larger narrative being assembled by the committee:Proposed talking points for Mr. Trump’s press secretary and documents related to allegations of voter fraud (629 pages)Even before Election Day, Republicans and the Trump White House were pushing the notion — not backed by any evidence — that there could be widespread election fraud because of changes states enacted in response to the pandemic that made it easier for people to vote.Mr. Trump refused to concede on election night, saying publicly: “This is a fraud on the American public.” In the weeks that followed, the White House — through Kayleigh McEnany, the press secretary at the time — amplified Mr. Trump’s messaging from the briefing room and on television and social media.The materials could help the committee document the extent and intensity of the effort inside the White House to promote the baseless claims, along with more details about which members of the administration were most involved in the false claims.Presidential activity calendars and a handwritten note concerning Jan. 6 (11 pages)In a typical White House, a president’s calendar can provide an intimate picture of who the president meets with and the topics he may be discussing. Though Mr. Trump had a far less regimented schedule, there were still some meetings and events on his calendar, and aides kept track of where he was and what he was planning to do. The committee has indicated that it is especially interested in any communications that Mr. Trump had around Jan. 6 with top aides like Mark Meadows, the chief of staff, or with Vice President Mike Pence. A detailed calendar or notes could also help shed light on Mr. Trump’s activities as the riot unfolded on Capitol Hill.Mr. Trump’s supporters before his rally on the Ellipse on Jan. 6, 2021.Jason Andrew for The New York TimesA draft of Mr. Trump’s speech for the “Save America” rally that preceded the mob attack (10 pages)On Jan. 6, Mr. Trump and his allies spoke at a rally on the Ellipse before his supporters marched more than a mile to the Capitol. The draft speech — which Mr. Trump’s longtime aide, Stephen Miller, helped write — would show whether Mr. Trump’s incendiary language that encouraged the protesters was ad-libbed by him or whether it was included by his speechwriters, who may have been coordinating the president’s messaging with others. In his book, Mr. Meadows claimed Mr. Trump had ad-libbed his remarks telling the crowd to march on the Capitol.A note from Mr. Meadows about briefings and calls about the certification of the election and related issues (2 pages)In the days leading up to Jan. 6, there was a flurry of meetings in the Oval Office. Among the most dramatic was one on Jan. 4, when Mr. Trump had a lawyer named John Eastman — who had written a memo essentially saying that the vice president had immense powers to decide who won the election — make the argument directly to Mr. Pence that he could delay the certification of the election on Jan. 6. (Mr. Pence later rejected the advice.) On Jan. 2, three of Mr. Trump’s advisers — Rudolph W. Giuliani, Peter Navarro and Mr. Eastman — held a conference call with about 300 state lawmakers about election fraud. On Jan. 4, Phil Waldron, a former U.S. Army colonel who rose to prominence in Mr. Trump’s inner circle after the election, said members of his team briefed some senators on foreign interference in the election. Mr. Waldron said he personally gave the same briefing the next day to members of the House.Details of meetings like those, and the planning for them, could help the committee assess whether Mr. Trump’s efforts justify a criminal referral to the Justice Department on a charge like obstructing an official proceeding in Congress.A draft executive order on the topic of election integrity (4 pages)A range of outside advisers were pushing for Mr. Trump to sign executive orders to help him block or slow certification of the election. Among the most audacious was one that said Mr. Trump could use the Defense Department to seize voting machines based on false claims that there had been foreign interference in the election. Mr. Trump’s first national security adviser, Michael T. Flynn, and a lawyer advising him, Sidney Powell, were urging Mr. Trump to take this action. A copy of a draft executive order about seizing election machines was posted on Politico’s website on Friday.But that memo is three pages, and the National Archives described a memo that is four pages. There is another memo, mentioned in a recent disclosure to the committee by the Trump ally Bernard Kerik, that could also fit this description. It was withheld by Mr. Kerik under the theory of executive privilege but was described in a log of documents that Mr. Kerik refused to turn over as, “DRAFT LETTER FROM POTUS TO SEIZE EVIDENCE IN THE INTEREST OF NATIONAL SECURITY FOR THE 2020 ELECTIONS.”Handwritten notes from the files of Mr. Meadows (3 pages)As chief of staff, Mr. Meadows served both as a top aide and as a conduit for outside advisers, including members of Congress, to contact Mr. Trump and visit him at the White House. Mr. Meadows has provided investigators with hundreds of pages of documents that he had on his personal phone but has refused to sit for questioning, leading the committee to ask the Justice Department to prosecute him. His notes could potentially shed light on what Mr. Trump was hearing and saying at key moments.Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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    For Many Who Marched, Jan. 6 Was Only the Beginning

    To many of those who attended the Trump rally but who never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.PHOENIX — There were moments when Paul Davis questioned his decision to join the crowd that marched on the United States Capitol last January. When he was publicly identified and fired from his job as a lawyer. When his fiancée walked out.But then something shifted. Instead of lingering as an indelible stain, Jan. 6 became a galvanizing new beginning for Mr. Davis. He started his own law practice as a “lawyer for patriots” representing anti-vaccine workers. He began attending local conservative meetings around his hometown, Frisco, Texas. As the national horror over the Capitol attack calcified into another fault line of bitter division, Mr. Davis said his status as a Jan. 6 attendee had become “a badge of honor” with fellow conservatives.“It definitely activated me more,” said Mr. Davis, who posted a video of himself in front of a line of police officers outside the Capitol but said he did not enter the building and was expressing his constitutional rights to protest. He has not been charged with any crime from that day. “It gave me street cred.”The post-mortems and prosecutions that followed that infamous day have focused largely on the violent core of the mob. But a larger group has received far less attention: the thousands who traveled to Washington at the behest of Mr. Trump to protest the results of a democratic election, the vast majority of whom did not set foot in the Capitol and have not been charged with any crime — who simply went home.For these Donald Trump supporters, the next chapter of Jan. 6 is not the ashes of a disgraced insurrection, but an amorphous new movement fueled by grievances against vaccines and President Biden, and a deepened devotion to his predecessor’s lies about a stolen election.In the year since the attack, many have plunged into new fights and new conspiracy theories sown in the bloody chaos of that day. They have organized efforts to raise money for the people charged in the Capitol attack, casting them as political prisoners. Some are speaking at conservative rallies. Others are running for office.Interviews with a dozen people who were in the large mass of marchers show that the worst attack on American democracy in generations has mutated into an emblem of resistance. Those interviewed are just a fraction of the thousands who attended the rally, but their reflections present a troubling omen should the country face another close presidential election.Many Jan. 6 attendees have shifted their focus to what they see as a new, urgent threat: Covid-19 vaccine mandates and what they call efforts by Democratic politicians to control their bodies. They cite Mr. Biden’s vaccine mandates as justification for their efforts to block his presidency.Some bridled at Trump’s recent, full-throated endorsements of the vaccine and wondered whether he was still on their side.“A lot of people in the MAGA Patriot community are like, ‘What is up with Trump?’” Mr. Davis, the Texas lawyer, said. “With most of us, the vaccines are anathema.”In interviews, some who attended the Capitol protests gave credence to a new set of falsehoods promoted by Mr. Trump and conservative media figures and politicians that minimize the attack, or blame the violence falsely on left-wing infiltrators. And a few believe the insurrection did not go far enough.“Most everybody thinks we ought to have went with guns, and I kind of agree with that myself,” said Oren Orr, 32, a landscaper from Robbinsville, N.C., who had rented a car with his wife to get to the Capitol last year. “I think we ought to have went armed, and took it back. That is what I believe.”Mr. Orr added that he was not planning to do anything, only pray. Last year, he said he brought a baton and Taser to Washington but did not get them out. Some supporters bridled at Mr. Trump’s recent, full-throated endorsements of the vaccine and wondered whether he was still on their side.Stephen Goldstein for The New York TimesMore than a year later, the day may not define their lives, but the sentiment that drove them there has given them new purpose. Despite multiple reviews showing the 2020 elections were run fairly, they are adamant that the voting process is rigged. They feel the news media and Democrats are trying to divide the country.The ralliers were largely white, conservative men and women who have formed the bedrock of the Trump movement since 2016. Some describe themselves as self-styled patriots, some openly carrying rifles and handguns. Many invoke the name of Jesus and say they believe they are fighting a holy war to preserve a Christian nation.The people who went to Washington for Jan. 6 are in some ways an isolated cohort. But they are also part of a larger segment of the public that may distance itself from the day’s violence but share some of its beliefs. A question now is the extent to which they represent a greater movement.A national survey led by Robert Pape, the director of the Chicago Project on Security and Threats at the University of Chicago, concluded that about 47 million American adults, or one in every five, agreed with the statement that “the 2020 election was stolen from Donald Trump and Joe Biden is an illegitimate president.” Of those, about 21 million, or 9 percent of American adults, shared the belief that animated many of those who went beyond marching and invaded the Capitol, Mr. Pape said: that the use of force was justified to restore Mr. Trump to the presidency.“They are combustible material, like an amount of dry brushwood that could be set off during wildfire season by a lightning strike or by a spark,” he said.Some downplay Jan. 6 as a largely peaceful expression of their right to protest, comparing the Capitol attack with the 2020 racial-justice protests that erupted after George Floyd’s murder. They complain about a double standard, saying that the news media glossed over arson and looting after those protests but fixated on the violence on Jan. 6.They have rallied around the 700 people facing criminal charges in connection to the attack, calling them political prisoners.Earlier this month in Phoenix, a few dozen conservatives met to commemorate the anniversary Jan. 6 as counterprogramming to the solemn ceremonies taking place in Washington. They prayed and sang “Amazing Grace” and broadcast a phone call from the mother of Jacob Chansley, an Arizona man whose painted face and Viking helmet transformed him into an emblem of the riots. Mr. Chansley was sentenced to 41 months in prison after pleading guilty to federal charges.A counterprotester in Phoenix, right, attempted to disturb a vigil commemorating the anniversary of the Jan. 6 insurrection. Antranik Tavitian/The RepublicThen it was Jeff Zink’s turn at the microphone. Mr. Zink is one of several people who attended the Capitol protests and who are running for public office. Some won state legislature seats or local council positions in last November’s elections. Now, others have their eyes on the midterms.Mr. Zink is making an uphill run for Congress as a Republican in an overwhelmingly Democratic swath of Phoenix and said he will fight for Jan. 6 defendants — a group that includes his 32-year-old son, Ryan.Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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    Texas Man Charged With Threatening to Kill Georgia Election Officials

    A man accused of using Craigslist to call for the assassination of election officials is the first to be charged by the Justice Department’s task force on election threats.WASHINGTON — The Justice Department on Friday charged a Texas man with publicly calling for the assassination of Georgia’s election officials on the day before the Jan. 6 attack on the Capitol.The case is the first brought by the department’s Election Threats Task Force, an agency created last summer to address threats against elections and election workers. Federal prosecutors accused the man, Chad Christopher Stark, 54, of Leander, Texas, of calling for “Georgia Patriots” to “put a bullet” in a Georgia election official the indictment refers to as Official A.Mr. Stark, according to the three-page indictment, made the threat in a post on Craigslist, the online message board, while then-President Donald J. Trump and his allies were putting public pressure on Brad Raffensperger, the Georgia secretary of state who certified Mr. Trump’s defeat in Georgia to Joseph R. Biden Jr.“Georgia Patriots it’s time for us to take back our state from these Lawless treasonous traitors,” Mr. Stark wrote, according to the indictment. “It’s time to invoke our Second Amendment right it’s time to put a bullet in the treasonous Chinese [Official A]. Then we work our way down to [Official B] the local and federal corrupt judges.”Mr. Stark was charged with one count of communicating interstate threats.The Craigslist posting came at a moment of intense political pressure against election officials in battleground states. Mr. Trump had phoned Mr. Raffensperger on Jan. 2 last year and demanded that he “find” nearly 12,000 votes to overturn Mr. Biden’s victory in Georgia. The posting was published on Jan. 5, a day before a Trump-inspired crowd attacked the United States Capitol in an effort to block Congress from certifying Mr. Biden as the next president.On Thursday, a district attorney in Atlanta asked a judge to convene a special grand jury to help a criminal investigation into Mr. Trump’s attempts to overturn the 2020 election results in Georgia. If the investigation proceeds, legal experts say that the former president’s potential criminal exposure could include charges of racketeering or conspiracy to commit election fraud.Mr. Raffensperger on Friday did not confirm if he was among the election officials targeted.“I strongly condemn threats against election workers and those who volunteer in elections,” he said in a statement. “These are the people who make our democracy work.”Kenneth A. Polite Jr., the head of the Justice Department’s Criminal Division, said on Friday that the task force is reviewing over 850 reports of threats to election officials and has opened dozens of criminal investigations.During the 2020 election cycle and in its immediate aftermath, election workers “came under unprecedented verbal assault for doing nothing more than their jobs,” Mr. Polite told reporters Friday. “As the attorney general and deputy attorney general have both emphasized previously: We will not tolerate the intimidation of those who safeguard our electoral system.”The task force, created last June by the deputy attorney general, Lisa O. Monaco, developed a system to log and track all reported threats to election workers and F.B.I. agents, and federal prosecutors were trained to take in, assess and investigate the allegations. Mr. Polite said the task force has prioritized finding ways to enhance security for state and local election workers.The Texas case represents the task force’s first indictment and arrest. Mr. Polite declined to elaborate on what Mr. Stark may have planned to do.“The communication here speaks for itself,” Mr. Polite said, referring to Mr. Stark’s Craigslist post, which offered $10,000 and called for “Patriots” to “exterminate these people.”In addition to the two Georgia election officials, Mr. Stark’s Craigslist post also threatened a third Georgia official.Key Figures in the Jan. 6 InquiryCard 1 of 17The House investigation. More

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    Does Jan. 6 Disqualify Some Republicans From Re-election?

    Representative Madison Cawthorn has breezily dismissed a candidacy challenge filed by voters in his home state, North Carolina, seeking to bar him from re-election to the House of Representatives based on his role in the events of Jan. 6.The plaintiffs, a spokesman from the pro-Trump Republican’s office said, are “comically misinterpreting and twisting the 14th Amendment for political gain.”Mr. Cawthorn is being too quick to scoff. The 14th Amendment provision in question, while little known and not employed since 1919, is a close fit for his conduct around Jan. 6 — as well as that of at least a half-dozen Republican colleagues who the organization spearheading the challenge, Free Speech For People, suggests will be next.Passed in the wake of the Civil War to prevent former rebels from serving in Congress, Section 3 of the 14th Amendment states: “No person shall be a Senator or Representative in Congress … who, having previously taken an oath, as a member of Congress … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”The critical point to understand is that Section 3 added a qualification to hold office, one of the very few in the Constitution. The others are that members of the House must be at least 25, a U.S. citizen for seven years and live in the state the individual represents. It is no different in this respect from the qualification that the president be at least 35 and a natural-born citizen.So, if the voter challenge succeeds in establishing that Mr. Cawthorn engaged in “insurrection or rebellion,” he would be as ineligible to serve in Congress as if it were revealed that he is 24 years old. Under North Carolina law, once challengers advance enough evidence to show reasonable suspicion that a candidate is not qualified, the burden shifts to the would-be candidate to demonstrate the contrary.The North Carolina State Board of Elections will create a five-member panel composed of people from counties in the new district in which Mr. Cawthorn intends to run (which is more Republican leaning than his current one). The panel’s decision could be appealed to the entire State Board of Elections, and after that to the state’s court system. The board’s decision will be delayed until after a state court rules on a separate redistricting challenge in North Carolina. But the issue will have to be resolved in time for the state’s primary election, currently set for May, so the normal Trump playbook of stalling until the issue becomes moot is not an option.The key question in the challenge will be whether Mr. Cawthorn’s acts of support for the Jan. 6 uprising rise to the level of engaging in an insurrection against the government.Here is what the first-term congressman did, based on public reports and allegations in the challenge: In advance of the riot at the Capitol, he met with planners of the demonstrations and tweeted that “the future of this Republic hinges on the actions of a solitary few … It’s time to fight.” He spoke at the pre-attack rally at the Ellipse, near the White House, where he helped work the crowd into frenzy, saying the crowd had “some fight in it” and that the Democrats were trying to silence them. And in the aftermath of the mob violence, he extolled the rioters as “political hostages” and “political prisoners,” and suggested that if he knew where they were incarcerated, he would like to “bust them out.”The constitutional term “insurrection” is less cut-and-dried than, say, whether a candidate is 25 years old. In other contexts, courts have defined it as a usually violent uprising by a group or movement acting for the purpose of overthrowing the legitimately constituted government and seizing its powers. That accurately describes the collective pro-Trump effort to undermine the certification of the November 2020 election.In the hours after the riot, Mitch McConnell, then the Senate majority leader, described the attack as a “failed insurrection”; one of President Trump’s own lawyers in the impeachment trial stated that “everyone agrees” there was a “violent insurrection”; and Mr. Cawthorn himself voted for a resolution that described the attackers as “insurrectionists.” He’ll be hard pressed to run from that label now.As for whether Mr. Cawthorn “engaged” in the insurrection, in an 1869 case, the North Carolina Supreme Court interpreted that term in Section 3 to signify “voluntarily aiding the rebellion, by personal service, or by contributions … of anything that was useful or necessary” to it. Even before more facts are developed in the case — including a possible deposition of Mr. Cawthorn — the tweet exhorting demonstrators to fight because the future of the Republic hinges on it seems plainly designed to aid the enterprise.The indictment of Stewart Rhodes, the leader of the far-right Oath Keepers, and 10 other Jan. 6 participants on seditious conspiracy charges reinforces the notion that the crimes of Jan. 6 were not simply offenses of property or disorder but were attacks against the government itself, the same core idea as with insurrection.If the North Carolina courts rule against him, expect Mr. Cawthorn to make a quick dash to the U.S. Supreme Court, arguing that it has final authority to interpret the federal constitutional term “insurrection.” At that point, a conservative majority that includes three justices appointed by Donald Trump might well sympathize with Mr. Cawthorn.But while it may be rare, the North Carolina voter challenge is no joke. The challengers have a strong case, and Mr. Cawthorn would be foolish to take it lightly.Harry Litman (@harrylitman), a former U.S. attorney and deputy assistant attorney general, teaches constitutional law and national security law at the University of California at Los Angeles School of Law and the University of California at San Diego Department of Political Science. He is also host of the podcast Talking Feds.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

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    Sean Hannity Told Trump After Jan. 6: ‘No More Stolen Election Talk’

    The Fox News host Sean Hannity had some blunt advice for President Donald J. Trump on Jan. 7, 2021: “No more stolen election talk.”His guidance did not take. But documents disclosed on Thursday showed in vivid detail just how closely Mr. Hannity had worked with White House aides in a fervent, if brief, effort to persuade Mr. Trump to abandon his false claims about voter fraud after the Jan. 6 attack on the Capitol.One day after the attack, Mr. Hannity sent a text message to Kayleigh McEnany, then the White House press secretary, describing a five-point plan for approaching conversations with the president, according to documents released by the House committee investigating the Jan. 6 riot.After urging Ms. McEnany to avoid discussion of a “stolen election,” Mr. Hannity proffered another talking point to use with Mr. Trump: “Yes, impeachment and 25th amendment are real, and many people will quit …”Mr. Hannity appeared to be referring to the possibilities that Mr. Trump could be impeached, face mass resignations from his staff or be temporarily removed from office by a group of his cabinet secretaries invoking the 25th Amendment.Ms. McEnany replied: “Love that. Thank you. That is the playbook. I will help reinforce.”Fox News, where Ms. McEnany is now a commentator and a co-host of a weekday program, declined to comment on Thursday.In public, Mr. Hannity and Ms. McEnany remain lock-step supporters of Mr. Trump and his worldview. But their private exchanges show the level of alarm among even the president’s closest allies after the Jan. 6 riot, as Mr. Trump persisted in his false claims that the election had been stolen from him and his political future appeared deeply precarious.The exchanges were included in a letter sent by the House committee to Ivanka Trump, Mr. Trump’s daughter and one of his senior advisers. The committee is seeking Ms. Trump’s cooperation as it tries to piece together a scramble inside the White House to persuade Mr. Trump to denounce the attackers at the Capitol.In another exchange included in the letter, Mr. Hannity urged Ms. McEnany to keep the president away from certain advisers. “Key now. No more crazy people,” Mr. Hannity wrote. Ms. McEnany replied: “Yes 100%.”This month, the House committee asked Mr. Hannity to cooperate and answer questions about his communications with Mr. Trump and his aides in the days surrounding the riot. At the time, the committee disclosed messages in which Mr. Hannity advised Mark Meadows, then the White House chief of staff, on the president’s political future. “He can’t mention the election again. Ever,” Mr. Hannity wrote on Jan. 10, 2021, to Mr. Meadows and Representative Jim Jordan, an Ohio Republican.A lawyer for Mr. Hannity, Jay Sekulow, has said the committee’s request to interview Mr. Hannity raises “First Amendment concerns regarding freedom of the press.”Luke Broadwater More

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    What’s Happening on the Left Is No Excuse for What’s Happening on the Right

    American democracy has often confronted hostile forces from outside the United States; rarely has it been under as much of a threat from forces within the nation. The danger arises from illiberalism on the left and the right. Both sides are chipping away at the foundations of the American Republic; each side seems oblivious to its own defects.Again and again, we have heard conservatives argue that even if you believe that Donald Trump is flawed and the MAGA movement is worrisome, the left is much more dangerous. We disagree. Fears about the left’s increasingly authoritarian, radical tendencies are well grounded; but they have blinded many conservatives to the greater danger posed by the right, which we believe is a threat to our constitutional order and therefore to conservatism itself.We come to our view after writing and warning about the illiberal left for much of our careers. One of us wrote a book nearly 30 years ago criticizing those who would limit free thought by restricting free speech; the other has been sounding alarms about left-wing ideology since his days as an official in the Department of Education during the Reagan years.Since then, the left has grown more radical, more aggressive and less tolerant. With the help of social media and influence in academia — and sometimes in newsrooms and corporate H.R. departments — a small number of die-hard progressives (they make up only about 8 percent of the public, according to one recent survey) exert a hugely disproportionate influence on the culture. Progressives are “often imposing illiberal speech norms on schools, companies and cultural institutions,” the liberal journalist Jonathan Chait writes. There have been many examples of squelching arguments that although controversial deserve full and frank airing in a free society. Universities have attempted to kick off their campuses Christian ministries that require their leaders to be Christian, and we have written in these pages about efforts to weaken protections for religious liberty.Structural racism — the perpetuation of de facto discrimination by ingrained social arrangements and assumptions — is a reality in American life. But the hodgepodge of ideas in the bucket that has come to be known as “critical race theory” includes radical claims that deny the enduring value of concepts like equality of opportunity and objectivity and reject “the traditions of liberalism and meritocracy” as “a vehicle for self-interest, power, and privilege.” The most extreme versions of these ideas might not be taught in high schools (yet), but their influence is undoubtedly being felt.The progressive movement, then, is increasingly under the sway of a totalistic, unfalsifiable and revolutionary ideology that rejects fundamental liberal values like pluralism and free inquiry. And conservatives aren’t hallucinating about its influence. Surveys show that 62 percent of Americans and 68 percent of college students are reluctant to share their true political views for fear of negative social consequences. A Cato Institute study found that nearly a third of Americans — across the political spectrum, not just on the right — say they’re worried about losing a job or job opportunities if they express their true political views. Another study suggested that the level of self-censorship in America may be three times what it was during the McCarthy era.The left is not solely responsible for creating these fears, but it has played the most significant role. Yet even granting all that, the threat from the illiberal right is more immediate and more dangerous. If that wasn’t clear before the last presidential election and the violent attack on the U.S. Capitol on Jan. 6, 2021, it should be clear now.Any account of the malignancy of the American right has to begin with Mr. Trump, whose twisted sensibilities continue to define the Republican Party. It was he who attempted what no president had ever tried: overturning an election. He based his effort on a huge campaign of disinformation. Mr. Trump pressured the vice president, governors, secretaries of state, election officials and appointees at the Department of Justice to join him in his efforts. One of his lawyers reportedly proposed a plan to nullify the election. Congress’s Jan. 6 committee will reveal more and possibly worse.The Republican Party, rather than spurning Mr. Trump and his efforts, has embraced them. Around the country, prospective Republican candidates, far from opposing #StopTheSteal lies and conspiracy theories, are running on them in 2022, according to a Washington Post tally. Any prominent Republican today who disputes #StopTheSteal can expect to be targeted by the base, booed at any large gathering of Republicans, censured by party apparatchiks and possibly threatened with physical violence.Dismayingly few Republican leaders stand foursquare against the base’s insistence that any election Mr. Trump and his followers might lose is rigged. The result is that Republicans are shattering faith in the integrity of our elections and abandoning their commitment to the peaceful transfer of power — the minimum commitment required for democracy to work. This is an unforgivable civic sin, but it hardly exhausts the lists of concerns.Many Republicans are now openly hostile to the processes Americans rely on to separate fact from fiction. There’s also the deepening cult of despair that has led some on the right to believe that all means of resistance are appropriate. In fact, catastrophism is quite fashionable on the American right these days. Every election is a “Flight 93” confrontation against an apocalyptic enemy; every effort, no matter how extreme, is justified. That attitude is not merely at odds with reality; it is incompatible with liberal democracy’s foundational requirement that Americans compromise and coexist civilly in order to share the country.Partly as a result, the MAGA movement is drifting toward authoritarianism. The most important media personality on the right, Tucker Carlson of Fox News, released a disingenuous three-part documentary in November suggesting that the Jan. 6 insurrection was a “false flag” operation. He and others in MAGA World, including Mr. Trump, also promote Hungary, which Freedom House said in its 2018 report is “sliding into authoritarian rule,” as a model for the United States. The Republican Party is also drifting ever closer to the open embrace of political violence and martyrdom, not merely excusing but defending actions like Ashli Babbitt’s effort to break into the House’s inner sanctum on Jan. 6 — actions that came within seconds of succeeding.In a recent survey, nearly 40 percent of Republicans said that “if elected leaders will not protect America, the people must do it themselves, even if it requires violent actions.” Around the country, Republican officials who defend the election and count votes honestly have been threatened and have needed to leave their homes or live under guard. Josh Mandel, a Republican running for the open Senate seat in Ohio and leading in the polls, said in the aftermath of President Biden’s vaccine mandate: “Do not comply with the tyranny. When the Gestapo show up at your front door, you know what to do.”Intimidating election officials, lying about elections and storming the Capitol are not actions promoted among mainstream Democrats. And while the progressive left undoubtedly has influence in the Democratic Party, if it exercised the near-total dominance that Republicans claim, Joe Biden would not have won the Democratic nomination. Conservatives certainly have their disagreements with President Biden, but he has not defunded the police, attempted to pack the Supreme Court or promoted the Green New Deal or Medicare for All.But assume that your threat assessment is different from ours; that as a conservative Republican you believe the danger to the nation is greater from the far left than from the MAGA right. You should still speak out against what is happening to your movement and your party for two reasons: The sins of the left do not excuse the sins of the right; and what is happening on the right is wrecking authentic conservatism in ways the left never could.In his new book, “We the Fallen People: The Founders and the Future of American Democracy,” a Wheaton College historian, Robert Tracy McKenzie, shows that the founders took a deeply conservative view of human nature. They believed that humankind is flawed and fallen, distracted by passions and swayed by parochial interests. Americans, the founders believed, were no exception. Yet they also believed that what John Adams called a “well-ordered Constitution” could go a long way to compensate for human flaws.In classic conservative fashion, they designed the U.S. Constitution, and its attendant institutions and norms, both to constrain us and to help us be our better selves. The MAGA right has no love for those institutions and norms. It inflames ugly passions and warps reality. It is profoundly anticonservative, capable of twisting in any direction for the sake of raw power. It represents a profound break with the American conservative tradition.And so to regard the radical left as a reason to excuse, minimize or ignore the malign movement on the right is an abrogation of conservative duty and principle. If MAGA prevails, conservatism will be gravely injured — and American democracy will be, too.Jonathan Rauch (@jon_rauch) is a senior fellow at the Brookings Institution and the author of “The Constitution of Knowledge: A Defense of Truth.” Peter Wehner (@Peter_Wehner), a senior fellow at the Ethics and Public Policy Center who served in the Reagan, George H.W. Bush and George W. Bush administrations, is a contributing Opinion writer and the author of “The Death of Politics: How to Heal Our Frayed Republic After Trump.”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

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    How Jan. 6 Gave the 14th Amendment New Life

    Legal scholars say a long-forgotten provision of the Constitution could bar from office anyone who encouraged the Capitol riot.An obscure 19th-century provision of the U.S. Constitution that barred members of the Confederacy from holding political office is back in the national conversation — and some are hoping it can keep Donald J. Trump and his allies off the ballot.After the Civil War, Congress sought to remake the politics of the states they had just defeated on the battlefield. Fearing that the grandees of the Old South would slink back to power, they crafted Section 3 of the 14th Amendment, known as the Disqualification Clause.The provision applied to anyone who had previously taken an oath to support the Constitution and then either “engaged in insurrection or rebellion” against the United States or gave “aid or comfort to the enemies thereof.”The clause, tucked into an amendment better known for extending citizenship to African Americans, was largely an object of academic curiosity until last week. That’s when lawyers representing a group of North Carolina voters filed a novel legal challenge seeking to keep Representative Madison Cawthorn off the ballot this year.Cawthorn is a close ally of Mark Meadows, Trump’s former chief of staff, and has made comments suggesting he supported the Jan. 6 riot at the Capitol. The complaint alleged that his actions trigger the Disqualification Clause, making him ineligible to serve in Congress.Cawthorn has shrugged off the challenge.“Over 245,000 patriots from Western North Carolina elected Congressman Cawthorn to serve them in Washington,” said Luke Ball, a spokesman for Cawthorn. “A dozen activists who are comically misinterpreting and twisting the 14th Amendment for political gain will not distract him from that service.”For now, the challenge is on hold while redistricting litigation in the state plays out. But it’s likely to be just one of many similar actions to come.“Madison Cawthorn was the first, but it’s safe to say he won’t be the last,” Ron Fein, a lawyer for Free Speech for People, the group behind the complaint, said in an interview.An outside-in strategyWin or lose, the Cawthorn case could help investigators in Washington by unlocking new evidence about the North Carolina lawmaker’s activities related to Jan. 6. He might have to sit for a deposition and have to turn over, say, his phone and email records.As the litigation makes its way through the court system, it could also help clear up a few broader questions:Was Jan. 6 an “insurrection,” legally speaking?What does it mean to be “engaged” in insurrection, and what level of involvement triggers the Disqualification Clause?Does Congress need to pass a law or resolution to activate it?“Most people, me included, think it was an insurrection, but neither Congress nor the courts have made that official determination,” said Mark Graber, a legal historian at the University of Maryland.Laurence Tribe, an influential law professor at Harvard University, has held private conversations with several members of Congress on the topic as they puzzle through how statutes written in the 1860s might apply in an entirely new context. And while Tribe’s view is that Jan. 6 was indeed an insurrection, it is by no means obvious how courts will interpret the 14th Amendment without clearer signals from Congress.“You’re dealing with a very murky and open area of constitutional law,” Tribe said in an interview.Even one of the foremost experts on the Disqualification Clause, Gerard Magliocca of Indiana University, called it “vestigial” in a well-timed paper on the subject published in 2020 three weeks before Jan. 6. He has since become an advocate for applying it to disqualify Trump from running for president in 2024.“We have to dust it off,” said Representative Jamie Raskin, a Democrat of Maryland who has consulted with Tribe on the topic. “It hasn’t been used in more than a century.”In fact, it’s been used precisely once since the Reconstruction era — in the 1919 case of Victor L. Berger, a socialist from Wisconsin who was removed from Congress after being accused of harboring pro-German sympathies. Berger was later reinstated when the Supreme Court tossed out his conviction for espionage, on the grounds that the judge harbored an anti-German bias.Fox News weighs inFor now, the Disqualification Clause is getting more attention on Fox News than it is within Congress — driven almost entirely by a single tweet from Marc Elias, the Democratic Party’s top election lawyer, who had predicted the provision might soon arise in litigation.Tucker Carlson, the Fox News opinion host, held a nearly four-minute segment on Elias’s 38-word post.“So, if you don’t want to lose the Congress, just ban the other side from running,” Carlson said sarcastically, going on to compare the idea that Jan. 6 was an insurrection to a belief in U.F.O.s.“This would require establishing that such individuals supported an actual insurrection,” Laura Ingraham, Carlson’s Fox News colleague, said of the Elias tweet a day later. “Good luck with that.”Inside the committee investigating the Jan. 6 riot, however, the Disqualification Clause has not come up in any detail.Some Democratic lawmakers — including Raskin, Senator Tim Kaine of Virginia and a few others — did float the idea a year ago. At the time, they were searching for a way to hold Trump accountable that would require only a simple majority vote in the Senate.But when Democratic legal experts investigated the concept, they determined that the Disqualification Clause was not “self-executing” — that is, Congress would need to pass a law or resolution to use it and clarify how it applies today. One can’t just declare someone an insurrectionist, they decided; Congress has to create the legal infrastructure to try someone and give them due process before taking away their right to hold public office. That made it less attractive as an alternative to impeachment.Depending on what the Jan. 6 panel uncovers, it’s possible to imagine the committee will recommend punishing lawmakers who were somehow involved in the riot. It’s also possible Democrats will decide to take their case to voters instead.Key Figures in the Jan. 6 InquiryCard 1 of 16The House investigation. More

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    Why Millions Think It Is Trump Who Cannot Tell a Lie

    Why is Donald Trump’s “big lie” so hard to discredit?This has been a live question for more than a year, but inside it lies another: Do Republican officials and voters actually believe Trump’s claim that Joe Biden stole the 2020 election by corrupting ballots — the same ballots that put so many Republicans in office — and if they do believe it what are their motives?A December 2021 University of Massachusetts-Amherst survey found striking linkages between attitudes on race and immigration on one hand and disbelief in the integrity of the 2020 election on the other.According to the poll, two-thirds of Republicans, 66 percent, agreed that “the growth of the number of immigrants to the U.S. means that America is in danger of losing its culture and identity” and the same percentage of Republicans are convinced that “the Democratic Party is trying to replace the current electorate with voters from poorer countries around the world.”Following up on the UMass survey, four political scientists — Jesse Rhodes, Raymond La Raja, Tatishe Nteta and Alexander Theodoridis — wrote in an essay posted on The Washington Post’s Monkey Cage:Divisions over racial equality were closely related to perceptions of the 2020 presidential election and the Capitol attack. For example, among those who agreed that White people in the United States have advantages based on the color of their skin, 87 percent believed that Joe Biden’s victory was legitimate; among neutrals, 44 percent believed it was legitimate; and among those who disagreed, only 21 percent believed it was legitimate. Seventy percent of people who agreed that White people enjoy advantages considered the events of Jan. 6 to be an insurrection; 26 percent of neutrals described it that way; and only 10 percent who disagreed did so, while 80 percent of this last group called it a protest. And while 70 percent of those who agreed that White people enjoy advantages blamed Trump for the events of Jan. 6, only 34 percent of neutrals did, and a mere 9 percent of those who disagreed did.According to experts I asked, Republican elected officials who either affirm Donald Trump’s claim that the 2020 election was corrupt, or refuse to call Trump out, base their stance on a sequence of rationales.Mike McCurry, President Bill Clinton’s press secretary, sees the origin of one rationale in demographic trends:I believe much of the polarization and discord in national politics comes from changing demographics. Robert Jones of P.R.R.I. writes about this in “The End of White Christian America” and I think this is a source of many politico-cultural divisions and plays out in electoral politics. There is an America (“American dream”) that many whites were privileged to know growing up and it now seems to be evaporating or at least becoming subservient to other cultural ideals and norms. So that spurs anxiety and it is translated to the language and posture of politics.McCurry went on:I think otherwise well-meaning G.O.P. senators who flinch when it comes to common sense and serving the common good do so because they have no vocabulary or perspective which allows them to deal with the underlying changes in society. They feel the changes, they know constituents whom they otherwise like who feel the changes, but they cannot figure out how to lower the level of angst.Some maintain that another rationale underpinning submission to the lie is that it is signals loyalty to the larger conservative cause.Musa al-Gharbi, a sociologist at Columbia, pointed out in an email that acceptance of Trump’s false claims gives Republican politicians a way of bridging the gap between a powerful network of donors and elites who back free trade capitalism and the crucial bloc of white working-class voters seeking trade protectionism and continued government funding of Social Security and Medicare:Embracing the Big Lie is an empty approach to populism for a lot of these politicians. It allows them to cast their rivals, and the system itself, as corrupt — to cash in on that widespread sentiment — and to cast themselves as exceptions to the rule. It allows them to portray themselves as allies of “the people,” but without actually changing anything in terms of the policies they advocate for, in terms of how they do business.For those Republicans leaders, al-Gharbi continued, “who are the swamp, or could be reasonably construed as such, it is important to create an apparent distance from ‘the establishment.’ Flirting with the Big Lie is a good way of doing so.”Sarah Binder, a political scientist at George Washington University and a senior fellow at Brookings, noted in an email that “fear of electoral retribution from Trump — and from Republican voters — drives Senate G.O.P. reluctance to break with Trump.”The former president, she continued,has succeeded in reshaping the G.O.P. as “his” party. This electoral dynamic applies in spades to Republicans’ unwillingness to challenge Trump over the Jan. 6 insurrection — or like Kevin McCarthy and Mitch McConnell to back down from their initial criticisms. It seems as if fealty to Trump’s alternative version of the events of Jan. 6 is the litmus test for Republicans.The underlying policy agreements between Republican incumbents and Trump reinforces these straightforward concerns over re-election, in Binder’s view:For all of Trump’s nativist immigration, trade, and “America First” views, he was lock step with Republicans on cutting taxes and regulations and stacking the courts with young conservatives. In that light, certainly while Trump was in office, Senate Republicans held their noses on any anti-democratic behavior and stuck with Trump to secure the policies they craved.Along similar lines, Bruce Cain, a political scientist at Stanford, observes that Republican elected officials make their calculations based on the goal of political survival:What perhaps looks like collective derangement to many outside the party ranks is really just raw political calculation. The best strategy for regaining Congressional control is to keep Trump and his supporters inside the party tent, and the only way to do that is to go along with his myths in order to get along with him.This approach, Cain continued, “is the path of least political resistance. Trump in 2016 demonstrated that he could win the presidency” while rejecting calls to reach out to minorities, by targeting a constituency that is “predominantly white and 80 percent conservative.” Because of its homogeneity, Cain continued, “the Republican Party is much more unified than the Democrats at the moment.”While there was considerable agreement among the scholars and strategists whom I contacted that Republican politicians consciously develop strategies to deal with what many privately recognize is a lie, there is less agreement on the thinking of Republican voters.Lane Cuthbert, along with his UMass colleague Alex Theodoridis, asked in an op-ed in The Washington Post:How could the “Big Lie” campaign convince so many Republicans that Trump won an election he so clearly lost? Some observers wonder whether these beliefs are genuine or just an example of “expressive responding,” a term social scientists use to mean respondents are using a survey item to register a feeling rather than express a real belief.In their own analysis of poll data, Cuthbert and Theodoridis concluded that most Republicans are true believers in Trump’s lie:Apparently, Republicans are reporting a genuine belief that Biden’s election was illegitimate. If anything, a few Republicans may, for social desirability reasons, be using the “I’m not sure” option to hide their true belief that the election was stolen.Al-Gharbi sharply disputes this conclusion:Most Republican voters likely don’t believe in the Big Lie. But many would nonetheless profess to believe it in polls and surveys, and would support politicians who make similar professions, because these professions serve as a sign of defiance against the prevailing elites, they serve as signs of group solidarity and commitment.Poll respondents, he continued,often give the factually wrong answer about empirical matters, not because they don’t know the empirically correct answer, but because they don’t want to give political fodder to their opponents with respect to their preferred policies. And when one takes down the temperature on these political stakes, again, often the differences on ‘the facts’ also disappear.One way to test how much people actually believe something, al-Gharbi wrote, “is to look out for yawning gaps between rhetoric and behaviors.” The fact that roughly 2,500 people participated in the Jan. 6 insurrection suggests that the overwhelming majority of Republicans do not believe the election was stolen no matter what they tell pollsters, in al-Gharbi’s view:If huge shares of the country, 68 percent of G.O.P. voters, plus fair numbers of Independents and nonvoters, literally believed that we were in a moment of existential crisis, and the election had been stolen, and the future was at stake — why is it that only a couple thousand could muster the enthusiasm to show up and protest at the Capitol? In a world where 74 million voted for Trump, and more than two-thirds of these (i.e. more than 50 million people, roughly 1 out of every 5 adults in the U.S.) actually believed that the other party had illegally seized power and plan to use that power to harm people like themselves, the events of Jan. 6 would likely have played out much, much differently.Whatever the motivation, Isabel V. Sawhill, a Brookings senior fellow, warned that Republican leaders and voters could be caught in a vicious cycle:There may be a dynamic at work here in which an opportunistic strategy to please the Trump base has solidified that base, making it all the more difficult to take a stance in opposition to “whatever-Trump-wants.” It’s a Catch-22. To change the direction of the country requires staying in power but staying in power requires satisfying a public, a large share of whom has lost faith in our institutions, including the mainstream media and the democratic process.Jake Grumbach, a political scientist at the University of Washington, noted in an email that the “big lie” fits into a larger Republican strategy: “In an economically unequal society, it is important for the conservative economic party to use culture war politics to win elections because they are unlikely to win based on their economic agenda.”“There are a number of reasons why some Republican elites who were once anti-Trump became loyal to Trump,” Grumbach continued:First is the threat of being primaried for failing to sufficiently oppose immigration or the Democratic Party, a process that ramped up first in the Gingrich era and then more so during the Tea Party era of the early 2010s. Second is that Republican elites who were once anti-Trump learned that the Republican-aligned network of interest groups and donors — Fox News, titans of extractive and low wage industry, the NRA, evangelical organizations, etc. — would mostly remain intact despite sometimes initially signaling that they would withhold campaign contributions or leave the coalition in opposition to Trump.Frances Lee, a political scientist at Princeton, took a different tack, arguing that Republican members of Congress, especially those in the Senate, would like nothing better that to have the “big lie” excised from the contemporary political landscape:I disagree with the premise that many senators buy into the “big lie.” Congressional Republicans’ stance toward the events of Jan. 6 is to move on beyond them. They do not spend time rebuking activists who question the 2020 outcome, but they also do not endorse such views, either. With rare exception, congressional Republicans do not give floor speeches questioning the 2020 elections. They do not demand hearings to investigate election fraud.Instead, Lee argued, “Many Republican voters still support and love Donald Trump, and Republican elected officials want to be able to continue to represent these voters in Washington.” The bottom line, she continued, is thatRepublican elected officials want and need to hold the Republican Party together. In the U.S. two-party system, they see the Republican Party as the only realistic vehicle for contesting Democrats’ control of political offices and for opposing the Biden agenda. They see a focus on the 2020 elections as a distraction from the most important issues of the present: fighting Democrats’ “tax and spend” initiatives and winning back Republican control of Congress in the 2022 midterms.Paul Begala, a Democratic strategist, argues thatTrump lives by Machiavelli’s famous maxim that fear is a better foundation for loyalty than love. G.O.P. senators don’t fear Trump personally; they fear his followers. Republican politicians are so cowed by Trump’s supporters you can almost hear them moo.Trumpism, Begala wrote in an email, “is more of a cult of personality, which makes fealty to the Dear Leader even more important. How else do you explain 16 G.O.P. senators who voted to reauthorize the Voting Rights Act in 2006, all refusing to even allow it to be debated in 2022?”Begala compares Senator Mitch McConnell’s views of the Voting Rights Act in 2006 — “America’s history is a story of ever-increasing freedom, hope and opportunity for all. The Voting Rights Act of 1965 represents one of this country’s greatest steps forward in that story. Today I am pleased the Senate reaffirmed that our country must continue its progress towards becoming a society in which every person, of every background, can realize the American dream” — to McConnell’s stance now: “This is not a federal issue; it ought to be left to the states.”Republican politicians, in Begala’s assessment,have deluded themselves into thinking that Trump and the Big Lie can work for them. The reality is the opposite: Republican politicians work for Trump and the Big Lie. And they may be powerless to stop it if and when Trump uses it to undermine the 2024 presidential results.It is at this point, Begala continued, “where leadership matters. Trump stokes bigotry, he sows division, his promotes racism, and when other G.O.P. politicians fail to disavow Trump’s divisiveness, they abet it. What a contrast to other Republican leaders in my lifetime.”Like Begala, Charles Stewart III, a political scientist at M.I.T., was blunt in his analysis:There’s generally a lack of nuance in considering why Republican senators fail to abandon Trump. Whereas Reagan spoke of the 11th Commandment, Trump destroyed it, along with many of the first 10. He is mean and vindictive and speaks to a set of supporters who are willing to take their energy and animus to the polling place in the primaries — or at least, that’s the worry. They are also motivated by racial animus and by Christian millennialism.These voters, according to Stewart,are not a majority of the Republican Party, but they are motivated by fear, and fear is the greatest motivator. Even if a senator doesn’t share those views — and I don’t think most do — they feel they can’t alienate these folks without stoking a fight. Why stoke a fight? Few politicians enter politics looking to be a martyr. Mainstream Republican senators may be overestimating their ability to keep the extremist genie in the bottle, but they have no choice right now, if they intend to continue in office.Philip Bobbitt, a professor of law at Columbia and the University of Texas, argued in an email that Republican acceptance of Trump’s falsehoods is a reflection of the power Trump has over members of the party:It’s the very fact that they know Trump’s claims are ludicrous — that is the point: like other bullies, he amuses himself and solidifies his authority by humiliating people and what can be more humiliating than compelling people to publicly announce their endorsements of something they know and everyone else knows to be false?Thomas Mann, a Brookings senior fellow, made the case in an email that Trump has transformed the Republican Party so that membership now precludes having “a moral sense: honesty, empathy, respect for one’s colleagues, wisdom, institutional loyalty, a willingness to put country ahead of party on existential matters, an openness to changing conditions.”Instead, Mann wrote:The current, Trump-led Republican Party allows no room for such considerations. Representative Liz Cheney’s honest patriotism would be no more welcome among Senate Republicans than House Republicans. Even those current Republican senators whose earlier careers indicated a moral sense — Mitt Romney, Susan Collins, Richard Burr, Roy Blunt, Lisa Murkowski, Robert Portman, Ben Sasse, Richard Shelby — have felt obliged to pull their punches in the face of the Big Lie and attempted coup.Bart Bonikowski, a sociologist at N.Y.U., describes the danger of this political dynamic:In capturing the party, Trump perfectly embodied its ethnonationalist and authoritarian tendencies and delivered it concrete results — even if his policy stances were not always perfectly aligned with party orthodoxy. As a result, the Republican Party and Trumpism have become fused into a single entity — one that poses serious threats to the stability of the United States.The unwillingness of Republican leaders to challenge Trump’s relentless lies, for whatever reason — for political survival, for mobilization of whites opposed to minorities, to curry favor, to feign populist sympathies — is as or more consequential than actually believing the lie.If Republican officials and their voters are willing to swallow an enormous and highly consequential untruth for political gain, they have taken a first step toward becoming willing allies in the corrupt manipulation of future elections.In that sense, the “big lie” is a precursor to more dangerous threats — threats that are plausible in ways that less than a decade ago seemed inconceivable. The capitulation to and appeasement of Trump by Republican leaders is actually setting up even worse possibilities than what we’ve lived through so far.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