Storming of the US Capitol (Jan, 2021)

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      Los aliados de Trump ayudan a sembrar dudas en Brasil

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      Ante la caída de sus números en las encuestas, el presidente Jair Bolsonaro se queja de un supuesto fraude en las elecciones del próximo año. Y, desde Estados Unidos, lo están asesorando.BRASILIA — La sala de conferencias estaba repleta, con más de 1000 personas vitoreando los ataques contra la prensa, los liberales y lo políticamente correcto. Donald Trump Jr. estaba presente y advertía que los chinos podrían entrometerse en las elecciones, también asistió un congresista de Tennessee que votó en contra de certificar las elecciones de 2020 y el presidente, quien se quejaba sobre el fraude electoral.En muchos sentidos, el evento de septiembre se parecía al CPAC, la conferencia política conservadora, durante la era Trump. Pero estaba ocurriendo en Brasil, la mayor parte era en portugués y el mandatario que estaba en el escenario era el líder populista de extrema derecha del país, Jair Bolsonaro.Recién salido de su asalto a los resultados de las elecciones presidenciales de 2020 en Estados Unidos, el expresidente Donald Trump y sus aliados están exportando su estrategia a la mayor democracia de América Latina, trabajando para apoyar la candidatura de Bolsonaro a la reelección el próximo año, y ayudando a sembrar dudas en el proceso electoral en caso de que pierda.Están tachando a sus rivales políticos de criminales y comunistas, construyendo nuevas redes sociales en las que pueda evitar las reglas de Silicon Valley contra la desinformación y amplificando sus afirmaciones de que las elecciones en Brasil estarán amañadas.Simpatizantes de Bolsonaro en Brasilia, en septiembreDado Galdieri para The New York TimesPara los ideólogos estadounidenses que impulsan un movimiento nacionalista de derecha, Brasil es una de las piezas más importantes del tablero mundial. Con 212 millones de habitantes, es la sexta nación más grande del mundo, la fuerza dominante en América del Sur y el hogar de una población abrumadoramente cristiana que sigue desplazándose hacia la derecha.Brasil también presenta una rica oportunidad económica, con abundantes recursos naturales que se han hecho más accesibles gracias al retroceso de las regulaciones de Bolsonaro, y un mercado cautivo para las nuevas redes sociales de derecha dirigidas por Trump y otros líderes.Para el presidente brasileño, que se encuentra cada vez más aislado en la escena mundial y es impopular en su país, el apoyo estadounidense es un impulso. El nombre de Trump es un grito de guerra para la nueva derecha brasileña y sus esfuerzos por socavar el sistema electoral estadounidense parecen haber inspirado y envalentonado a Bolsonaro y sus partidarios.Pero Brasil es un país profundamente dividido donde las instituciones que salvaguardan la democracia son más vulnerables a los ataques. La adopción de los métodos de Trump está añadiendo combustible a un polvorín político y podría desestabilizar al país, que cuenta con una historia de violencia política y gobiernos militares.“Bolsonaro ya está metiendo en la cabeza de la gente que no aceptará el resultado de las elecciones si pierde”, dijo David Nemer, un profesor brasileño que enseña en la Universidad de Virginia y estudia la extrema derecha del país. “En Brasil, eso se puede ir de las manos”.Steve Bannon, quien fue el principal estratega de Trump, ha dicho que el presidente Bolsonaro solo perderá si “las máquinas” roban las elecciones. Mark Green, representante republicano por Tennessee que ha impulsado leyes para combatir el fraude electoral, se reunió con legisladores en Brasil para discutir sobre las “políticas de integridad del voto”.Y uno de los hijos del presidente Bolsonaro, Eduardo Bolsonaro, dio quizás su presentación más elaborada sobre lo que dijo que eran elecciones brasileñas manipuladas en Sioux Falls, Dakota del Sur. En agosto, asistió a un evento organizado por Mike Lindell, el empresario de almohadas que está siendo demandado por difamar a los fabricantes de máquinas de votación.El hijo del presidente Bolsonaro, Eduardo Bolsonaro, durante las celebraciones del Día de la Independencia en São PauloVictor Moriyama para The New York TimesLas autoridades, incluyendo académicos, funcionarios electorales de Brasil y el gobierno de Estados Unidos, han dicho que no ha habido fraude en las elecciones de Brasil. Eduardo Bolsonaro ha insistido en que lo hubo. “Ellos dicen que no puedo probar que hubo fraude”, dijo en Dakota del Sur. “Así que, OK, no pueden demostrar que no lo hubo”.El círculo de Trump se ha acercado a otros líderes populistas de extrema derecha, incluso en Hungría, Polonia y Filipinas, y ha tratado de impulsar a los populistas de otros lugares. Pero los lazos son más fuertes, y lo que está en juego podría ser de una magnitud mayor, en Brasil.Los grupos de WhatsApp de los partidarios de Bolsonaro comenzaron a circular recientemente el tráiler de una nueva serie de Tucker Carlson, un presentador de Fox News que simpatiza con los disturbios del 6 de enero en el Capitolio, dijo Nemer. Estados Unidos, que es una democracia desde hace 245 años, resistió ese ataque. Brasil aprobó su constitución en 1988, tras dos décadas de dictadura militar.“Lo que me preocupa es la fragilidad de nuestras instituciones democráticas”, expresó Nemer.El interés estadounidense en Brasil no solo es político. Dos redes sociales conservadoras dirigidas por aliados de Trump, Gettr y Parler, están creciendo rápidamente aquí apoyándose en el miedo a la censura de las grandes empresas tecnológicas y convenciendo al presidente Bolsonaro para que publique en esas plataformas, lo que lo convierte en el único líder mundial que ha participado en esas redes. La propia red social de Trump, anunciada el mes pasado, está parcialmente financiada por un congresista brasileño alineado con el presidente Bolsonaro.Más allá de la tecnología, muchas otras empresas estadounidenses se han beneficiado de la apertura al comercio del presidente Bolsonaro, incluidas las de defensa, agricultura, espacio y energía.“Estamos convirtiendo la afinidad ideológica en intereses económicos”, dijo Ernesto Araujo, ministro de Relaciones Exteriores del presidente Bolsonaro hasta marzo.Los Trump, los Bolsonaro y Bannon no respondieron a las repetidas solicitudes de comentarios.El entonces presidente Trump recibió al presidente brasileño Jair Bolsonaro en una cena en Mar-a-Lago en marzo de 2020.T.J. Kirkpatrick para The New York TimesLas afirmaciones de fraude de Bolsonaro han preocupado a los funcionarios del gobierno de Biden, según dos funcionarios estadounidenses que hablaron bajo condición de anonimato. En agosto, Jake Sullivan, asesor de seguridad nacional del presidente Biden, viajó a Brasil y aconsejó al presidente Bolsonaro que respetara el proceso democrático.En octubre, 64 miembros del Congreso le pidieron al presidente Biden un reajuste en la relación de Estados Unidos con Brasil, citando el empeño de Bolsonaro en políticas que amenazan el régimen democrático. En respuesta, el embajador de Brasil en Estados Unidos defendió al presidente Bolsonaro, diciendo que el debate sobre la seguridad electoral es normal en las democracias. “Brasil es y seguirá siendo uno de los países más libres del mundo”, dijo.Para el presidente Bolsonaro, el apoyo de los miembros del partido Republicano llega en un momento crucial. La pandemia ha ocasionado el fallecimiento de más de 610.000 brasileños, solo superada por las 758.000 muertes en Estados Unidos. El desempleo y la inflación han aumentado. Lleva dos años sin partido político. Y el Supremo Tribunal Federal y el Congreso de Brasil están llegando a conclusiones en investigaciones sobre él, sus hijos y sus aliados.A fines del mes pasado, una comisión del Congreso de Brasil recomendó que el presidente Bolsonaro fuera acusado de “crímenes contra la humanidad”, afirmando que dejó intencionadamente que el coronavirus arrasara en Brasil con el fin de lograr la inmunidad de rebaño. El panel culpó a su gobierno de más de 100.000 muertes.Minutos después de la votación, Trump emitió su apoyo. “Brasil tiene suerte de tener a un hombre como Jair Bolsonaro trabajando para ellos”, dijo en un comunicado. “¡Es un gran presidente y nunca defraudará a la gente de su gran país!”.Para el presidente brasileño, que cada vez está más aislado en la escena mundial y que lidia con la impopularidad en su país, el apoyo estadounidense es un impulso.Victor Moriyama para The New York Times‘El Donald Trump de Sudamérica’En 2018, el presidente Bolsonaro logró la victoria gracias a la misma ola populista que impulsó a Trump. Las comparaciones entre Bolsonaro, un paracaidista retirado del ejército con una inclinación por los insultos y los tuits fuera de lugar, y Trump fueron instantáneas.“Dicen que es el Donald Trump de Sudamérica”, dijo Trump en 2019. “Me cae bien”.Para muchos otros, Bolsonaro era alarmante. Como congresista y candidato, se había puesto poético con la dictadura militar de Brasil, que torturaba a sus rivales políticos. Dijo que sería incapaz de amar a un hijo gay. Y que una diputada rival era demasiado fea para ser violada.A los tres meses de su mandato, Bolsonaro visitó Washington. En su cena de bienvenida, la embajada brasileña lo sentó junto a Bannon. Más tarde, en la Casa Blanca, Trump y Bolsonaro llegaron a acuerdos que permitirían al gobierno brasileño gastar más con la industria de defensa de Estados Unidos y a las empresas estadounidenses lanzar cohetes desde Brasil.Junto al presidente Bolsonaro estaba su hijo, Eduardo. Diputado y ex policía, Eduardo Bolsonaro ya llevaba gorras de Trump y posaba con rifles de asalto en Facebook. Luego surgió como el principal enlace de Brasil con la derecha estadounidense, visitando Estados Unidos varias veces al año para reunirse con Trump, Jared Kushner, los principales senadores republicanos y un cuadro de expertos de extrema derecha y teóricos de la conspiración.Unas semanas después de que su padre fuera elegido, Eduardo Bolsonaro fue a la fiesta de cumpleaños de Bannon y fue tratado como “el invitado de honor”, dijo Márcio Coimbra, un consultor político brasileño que también estuvo allí.Dos meses más tarde, Bannon anunció que Eduardo Bolsonaro representaría a América del Sur en The Movement, un grupo nacionalista y populista que Bannon imaginaba haciéndose cargo del mundo occidental. En el comunicado de prensa, Bolsonaro dijo que iban a “reclamar la soberanía de las fuerzas elitistas globalistas progresistas”.Camioneros y otros partidarios de Bolsonaro en BrasiliaDado Galdieri para The New York Times‘No podemos permitir que nos silencien’Antes de la pandemia, el presidente Bolsonaro ya era un gran aliado de los negocios estadounidenses.Los gobiernos de Trump y Bolsonaro firmaron pactos para aumentar el comercio. Los inversores estadounidenses invirtieron miles de millones de dólares en empresas brasileñas. Y Brasil gastó más en importaciones estadounidenses, incluyendo combustible, plásticos y aviones.Ahora a una nueva clase de empresas se le hace agua la boca por Brasil: las redes sociales conservadoras.Gettr y Parler, dos clones de Twitter, han crecido rápidamente en Brasil prometiendo un enfoque de no intervención a las personas que creen que Silicon Valley está censurando las voces conservadoras. Uno de sus reclutas más destacados es el presidente Bolsonaro.El director ejecutivo de Gettr, Jason Miller, es el antiguo portavoz de Trump. Dijo que la actividad de Bolsonaro y sus hijos en su sitio ha sido un gran impulso para el negocio. La aplicación, que tiene cuatro meses de vida, ya cuenta con cerca de 500.000 usuarios en Brasil, o el 15 por ciento de su base, su segundo mayor mercado después de Estados Unidos. Gettr se anuncia en canales brasileños conservadores de YouTube. “Tenía a Brasil identificado desde el primer día”, dijo.Jason Miller, en el centro, con Steve Bannon y Raheem Kassam durante la grabación de un programa de radio en 2019Justin T. Gellerson para The New York TimesParler dijo que Brasil también es su segundo mercado más grande. Ambas empresas patrocinaron el CPAC en Brasil. “No podemos permitir que nos silencien”, dijo Candace Owens, una comentarista conservadora, en un video en el que presentaba a Parler en la CPAC.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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      Trump Allies Help Bolsonaro Sow Doubt in Brazil's Elections

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      With his poll numbers falling, President Jair Bolsonaro is already questioning the legitimacy of next year’s election. He has help from the United States.BRASÍLIA — The conference hall was packed, with a crowd of more than 1,000 cheering attacks on the press, the liberals and the politically correct. There was Donald Trump Jr. warning that the Chinese could meddle in the election, a Tennessee congressman who voted against certifying the 2020 vote, and the president complaining about voter fraud.In many ways, the September gathering looked like just another CPAC, the conservative political conference. But it was happening in Brazil, most of it was in Portuguese and the president at the lectern was Jair Bolsonaro, the country’s right-wing leader.Fresh from their assault on the results of the 2020 U.S. presidential election, former President Donald J. Trump and his allies are exporting their strategy to Latin America’s largest democracy, working to support Mr. Bolsonaro’s bid for re-election next year — and helping sow doubt in the electoral process in the event that he loses.They are branding his political rivals as criminals and communists, building new social networks where he can avoid Silicon Valley’s rules against misinformation and amplifying his claims that the election in Brazil will be rigged.Supporters of Mr. Bolsonaro in Brasília in September.Dado Galdieri for The New York TimesFor the American ideologues pushing a right-wing, nationalist movement, Brazil is one of the most important pieces on the global chess board. With 212 million people, it is the world’s sixth-largest nation, the dominant force in South America, and home to an overwhelmingly Christian population that continues to shift to the right.Brazil also presents a rich economic opportunity, with abundant natural resources made more available by Mr. Bolsonaro’s rollback of regulations, and a captive market for the new right-wing social networks run by Mr. Trump and others.For the Brazilian president, who finds himself increasingly isolated on the world stage and unpopular at home, the American support is a welcome boost. The Trump name is a rallying cry for Brazil’s new right and his efforts to undermine the U.S. electoral system appear to have inspired and emboldened Mr. Bolsonaro and his supporters.But Brazil is a deeply divided nation where the institutions safeguarding democracy are more vulnerable to attack. The adoption of Mr. Trump’s methods is adding fuel to a political tinderbox and could prove destabilizing in a country with a history of political violence and military rule.“Bolsonaro is already putting it into people’s heads that he won’t accept the election if he loses,” said David Nemer, a University of Virginia professor from Brazil who studies the country’s far right. “In Brazil, this can get out of hand.”Steve Bannon, Mr. Trump’s former chief strategist, has said President Bolsonaro will only lose if “the machines” steal the election. Representative Mark Green, a Tennessee Republican who has pushed laws combating voter fraud, met with lawmakers in Brazil to discuss “voting integrity policies.”And President Bolsonaro’s son, Eduardo Bolsonaro, gave perhaps his most elaborate presentation on what he said were manipulated Brazilian elections in Sioux Falls, S.D. He was at an August event hosted by Mike Lindell, the pillow executive being sued for defaming voting-machine makers.President Bolsonaro’s son, Eduardo Bolsonaro, during Independence Day celebrations in São Paulo.Victor Moriyama for The New York TimesAuthorities, including academics, Brazil’s electoral officials and the U.S. government, all have said that there has not been fraud in Brazil’s elections. Eduardo Bolsonaro has insisted there was. “I can’t prove — they say — that I have fraud,” he said in South Dakota. “So, OK, you can’t prove that you don’t.”Mr. Trump’s circle has cozied up to other far-right leaders, including in Hungary, Poland and the Philippines, and tried to boost rising nationalist politicians elsewhere. But the ties are the strongest, and the stakes perhaps the highest, in Brazil.WhatsApp groups for Bolsonaro supporters recently began circulating the trailer for a new series from Fox News host Tucker Carlson that sympathizes with the Jan. 6 Capitol riot, Mr. Nemer said. The United States, which has been a democracy for 245 years, withstood that attack. Brazil passed its constitution in 1988 after two decades under a military dictatorship.“What concerns me is how fragile our democratic institutions are,” Mr. Nemer said.The American interest in Brazil is not only political. Two conservative social networks run by allies of Mr. Trump, Gettr and Parler, are growing rapidly here by leaning into fears of Big Tech censorship and by persuading President Bolsonaro to post on their sites — the only world leader to do so. Mr. Trump’s own new social network, announced last month, is partially financed by a Brazilian congressman aligned with President Bolsonaro.Beyond tech, many other American companies have benefited from President Bolsonaro’s opening to trade, including those in defense, agriculture, space and energy.“We’re turning ideological affinity into economic interests,” said Ernesto Araújo, President Bolsonaro’s foreign minister until March.The Trumps, the Bolsonaros, Mr. Green and Mr. Bannon did not respond to repeated requests for comment.President Trump hosted Brazilian President Jair Bolsonaro at a dinner at Mar-a-Lago in March of 2020.T.J. Kirkpatrick for The New York TimesPresident Bolsonaro’s fraud claims have worried officials in the Biden administration, according to two U.S. officials who spoke on the condition of anonymity. In August, Jake Sullivan, President Biden’s national security adviser, traveled to Brazil and advised President Bolsonaro to respect the democratic process.In October, 64 members of Congress asked President Biden for a reset in the United States’ relationship with Brazil, citing President Bolsonaro’s pursuit of policies that threaten democratic rule. In response, Brazil’s ambassador to the United States defended President Bolsonaro, saying debate over election security is normal in democracies. “Brazil is and will continue to be one of the world’s freest countries,” he said.For President Bolsonaro, the Republicans’ support comes at a crucial moment. The pandemic has killed more than 610,000 Brazilians, second to only the 758,000 deaths in the United States. Unemployment and inflation have risen. He has been operating without a political party for two years. And Brazil’s Supreme Court and Congress are closing in on investigations into him, his sons and his allies.Late last month, a Brazil congressional panel recommended that President Bolsonaro be charged with “crimes against humanity,” asserting that he intentionally let the coronavirus tear through Brazil in a bid for herd immunity. The panel blamed his administration for more than 100,000 deaths.Minutes after the panel voted, Mr. Trump issued his endorsement. “Brazil is lucky to have a man such as Jair Bolsonaro working for them,” he said in a statement. “He is a great president and will never let the people of his great country down!”For the Brazilian president, who finds himself increasingly isolated on the world stage and unpopular at home, American support is a welcome boost. Victor Moriyama for The New York Times‘The Donald Trump of South America’In 2018, President Bolsonaro was carried to victory by the same populist wave that buoyed Mr. Trump. The comparisons between Mr. Bolsonaro, a former Army paratrooper with a penchant for insults and off-the-cuff tweets, and Mr. Trump were instant.“They say he’s the Donald Trump of South America,” Mr. Trump said in 2019. “I like him.”To many others, Mr. Bolsonaro was alarming. As a congressman and candidate, he had waxed poetic about Brazil’s military dictatorship, which tortured its political rivals. He said he would be incapable of loving a gay son. And he said a rival congresswoman was too ugly to be raped.Three months into his term, President Bolsonaro went to Washington. At his welcome dinner, the Brazilian embassy sat him next to Mr. Bannon. At the White House later, Mr. Trump and Mr. Bolsonaro made deals that would allow the Brazilian government to spend more with the U.S. defense industry and American companies to launch rockets from Brazil.Joining President Bolsonaro in Washington was his son, Eduardo. A congressman and former police officer, Eduardo Bolsonaro already was wearing Trump hats and posing with assault rifles on Facebook. He then emerged as Brazil’s chief liaison with the American right, visiting the United States several times a year to meet with Mr. Trump, Jared Kushner, top Republican senators and a cadre of far-right pundits and conspiracy theorists.A few weeks after his father was elected, Eduardo Bolsonaro went to Mr. Bannon’s birthday party and was treated as “the guest of honor,” said Márcio Coimbra, a Brazilian political consultant who was also there.Two months later, Mr. Bannon announced Eduardo Bolsonaro would represent South America in The Movement, a right-wing, nationalist group that Mr. Bannon envisioned taking over the Western world. In the news release, Eduardo Bolsonaro said they would “reclaim sovereignty from progressive globalist elitist forces.”Truck drivers and other supporters of Mr. Bolsonaro in Brasília.Dado Galdieri for The New York Times‘We cannot allow them to silence us’Before the pandemic, President Bolsonaro had been good for American business.The Trump and Bolsonaro administrations signed pacts to increase commerce. American investors plowed billions of dollars into Brazilian companies. And Brazil spent more on American imports, including fuel, plastics and aircraft.Now a new class of companies is salivating over Brazil: conservative social networks.Gettr and Parler, two Twitter clones, have grown rapidly in Brazil by promising a hands-off approach to people who believe Silicon Valley is censoring conservative voices. One of their most high-profile recruits is President Bolsonaro.Gettr’s chief executive, Jason Miller, is Mr. Trump’s former spokesman. He said that President Bolsonaro and his sons’ activity on his site has been a major boost for business. The four-month-old app already has nearly 500,000 users in Brazil, or 15 percent of its user base, its second-largest market after the United States. Gettr is now advertising on conservative Brazilian YouTube channels. “I had Brazil identified from day one,” he said.Jason Miller, center, with Steve Bannon and Raheem Kassam during the recording of a radio show in 2019.Justin T. Gellerson for The New York TimesParler said Brazil is also its No. 2 market. Both companies sponsored CPAC in Brazil. “We cannot allow them to silence us,” Candace Owens, the conservative pundit, said in a video pitching Parler at CPAC.Gettr is partly funded by Guo Wengui, an exiled Chinese billionaire who is close with Mr. Bannon. (When Mr. Bannon was arrested on fraud charges, he was on Mr. Guo’s yacht.) Parler is funded by Rebekah Mercer, the American conservative megadonor who was Mr. Bannon’s previous benefactor.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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      Swift Ruling in Jan. 6 Case Tests Trump's Tactic of Delay

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      The former president has leveraged the slow judicial process in the past to thwart congressional oversight, but the Jan. 6 case may be different.WASHINGTON — On the surface, a judge’s ruling on Tuesday night that Congress can obtain Trump White House files related to the Jan. 6 riot seemed to echo another high-profile ruling in November 2019. In the earlier matter, a judge said a former White House counsel must testify about then-President Donald J. Trump’s efforts to obstruct the Russia investigation.In both cases, Democratic-controlled House oversight committees issued subpoenas, Mr. Trump sought to stonewall those efforts by invoking constitutional secrecy powers, and Obama-appointed Federal District Court judges — to liberal cheers — ruled against him. Each ruling even made the same catchy declaration: “presidents are not kings.”But there was a big difference: The White House counsel case two years ago had chewed up three and a half months by the time Judge Ketanji Brown Jackson issued a 120-page opinion to end its first stage. Just 23 days elapsed between Mr. Trump’s filing of the Jan. 6 papers lawsuit and Judge Tanya Chutkan’s ruling against him.The case, which raises novel issues about the scope of executive privilege when asserted by a former president, is not over: Mr. Trump is asking an appeals court to overturn Judge Chutkan’s ruling and, in the interim, to block the National Archives from giving Congress the first set of files on Friday. The litigation appears destined to reach the Supreme Court, which Mr. Trump reshaped with three appointments.But if the rapid pace set by Judge Chutkan continues, it would mark a significant change from how lawsuits over congressional subpoenas went during the Trump era.The slow pace of such litigation worked to the clear advantage of Mr. Trump, who vowed to defy “all” congressional oversight subpoenas after Democrats took the House in the 2018 midterm. He frequently lost in court, but only after delays that ran out the clock on any chance that such efforts would uncover information before the 2020 election.So alongside the substantive issues about executive privilege, one key question now is whether Mr. Trump can again tie the matter up in the courts long enough that even a Supreme Court ruling against him would come too late for the special committee in the House that is seeking the Trump White House documents for its investigation into the Jan. 6 riot.Specifically, the Jan. 6 committee has demanded detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.The chairman of the committee, Representative Bennie Thompson, Democrat of Mississippi, has said he wants to wrap up by “early spring.” In that case, the committee would need access to the files it has subpoenaed by late winter for that information to be part of any report.Legally, the committee could continue working through the rest of 2022. If Republicans retake the House in the midterm election, the inquiry would very likely end.What happens next in the Jan. 6 White House files case may turn on the inclinations of whichever three judges from the U.S. Court of Appeals for the District of Columbia Circuit are randomly assigned to the panel that will hear Mr. Trump’s appeal.Of the court’s 11 full-time judges, seven are Democratic appointees — including Judge Jackson, whom Mr. Biden elevated earlier this year — and four are Republican appointees, including three named by Mr. Trump. The circuit also has five “senior status” judges who are semiretired but sometimes get assigned to panels; four of those five are Republican appointees.If the D.C. Circuit declines, as Judge Chutkan did, to issue a preliminary injunction, Mr. Trump will presumably immediately appeal to the Supreme Court via its so-called shadow docket, by which the justices can swiftly decide emergency matters without full briefs and arguments.If a stay is granted at either level, the question would shift to whether the D.C. Circuit panel echoes Judge Chutkan’s decision to move quickly in light of the circumstances, or throttles back to the slower pace it tended to follow on such cases when Mr. Trump was president.Notably, in another Trump-era case, involving access to financial papers held by his accounting firm, Mazars USA, the Federal District Court judge assigned to that matter, Amit Mehta, was sensitive to the timing implications and took less than a month after the case was filed in April 2019 to hand down his opinion that Congress could get the records.But a D.C. Circuit panel took about five more months before reaching that same result — a nominal win for Congress — in October 2019. Mr. Trump then appealed to the Supreme Court, which waited until July 2020 to send the case back down to Judge Mehta to start the litigation over again using different standards.Separately, House Democrats have introduced legislation in response to the Trump presidency that would, among many other things, speed up lawsuits to enforce congressional subpoenas for executive branch information. Two people familiar with the matter said House Democratic leaders have indicated they plan to hold a floor vote on that bill before the end of 2021, though no date has been set; its prospects in the Senate are unclear.A related important difference in secrecy disputes between the Trump era and the Jan. 6 White House papers case is that when Mr. Trump was president, his administration controlled the executive branch files Congress wanted to see.Today, President Biden has refused to join Mr. Trump in invoking executive privilege, instead instructing the National Archives to give Congress the files unless a court orders otherwise. As a result, when it comes to government files, the default has flipped from secrecy to disclosure.During the phase of the lawsuit before Judge Chutkan, she signaled that she was averse to judicial delay. During arguments last week, she rejected a suggestion by a lawyer for Mr. Trump that she examine each document before deciding whether executive privilege applied.Representative Bennie Thompson, the chairman of the Jan. 6 committee, has said he wants the investigation to wrap up by “early spring.”Al Drago for The New York Times“I don’t see any language in the statute or any case that convinces me that where a previous president disagrees with the incumbent’s assertion of privilege, that the court is required to get involved and do a document-by-document review,” she said, adding:“Wouldn’t that always mean that the process of turning over these records, where the incumbent has no objection, would slow to a snail’s pace? And wouldn’t that be an intrusion by this branch into the executive and legislative branch functions?”Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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      Judge Rejects Trump’s Bid to Keep Papers Secret in Jan. 6 Inquiry

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      But a Trump lawyer has signaled an intent to appeal the ruling, which raises novel issues about an ex-president’s executive privilege powers.WASHINGTON — A federal judge on Tuesday night rejected a bid by former President Donald J. Trump to keep secret papers about his actions and conversations leading up to and during the Jan. 6 attack on the Capitol by his supporters.In a 39-page ruling, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia held that Congress’s constitutional oversight powers to obtain the information prevailed over Mr. Trump’s residual secrecy powers — especially because the incumbent, President Biden, agreed that lawmakers investigating the Jan. 6 riot should see the files.Mr. Trump “does not acknowledge the deference owed to the incumbent president’s judgment. His position that he may override the express will of the executive branch appears to be premised on the notion that his executive power ‘exists in perpetuity,’” Judge Chutkan wrote. “But presidents are not kings, and plaintiff is not president.”Mr. Trump retained the right to assert that his records were privileged, she added, but Mr. Biden was not obliged to honor that assertion. The incumbent president, she said, is better situated to protect executive branch interests, and Mr. Trump “no longer remains subject to political checks against potential abuse of that power.”The ruling does not necessarily mean that the National Archives will turn over the materials to the House committee investigating Jan. 6 any time soon. The case raises novel issues about the scope and limits of a former president’s executive privilege authority, and it is likely that it will ultimately be resolved by the Supreme Court.In a posting on Twitter, Taylor Budowich, a spokesman for Mr. Trump, said the case was destined to be appealed. He said Mr. Trump was committed to defending the right of past presidents — as well as present and future ones — to assert executive privilege and “will be seeing this process through.”The Jan. 6 committee has demanded that the National Archives and Records Administration turn over detailed records about Mr. Trump’s every movement and meeting on the day of the assault, when Mr. Trump led a “Stop the Steal” rally and his supporters then sacked the Capitol in an attempt to block Congress from certifying Mr. Biden’s Electoral College victory.Mr. Trump — who pursued a strategy of stonewalling all congressional oversight subpoenas while in office, running out the clock on such efforts before the 2020 election — has instructed his former subordinates to defy subpoenas from the Jan. 6 committee and filed a lawsuit seeking to block the National Archives from turning over files from his White House.Last week, Judge Chutkan, a 2014 Obama appointee, had signaled skepticism about Mr. Trump’s legal arguments. Mr. Trump’s lawyer asserted that his residual executive privilege powers meant the courts should block Congress from subpoenaing the files, notwithstanding Mr. Biden’s decision not to assert executive privilege over them in light of the circumstances.Mr. Trump’s lawyer had argued that the public interest would be served by letting Mr. Trump keep the documents secret to preserve executive branch prerogatives. But Judge Chutkan wrote that his arguments did not “hold water” in light of Mr. Biden’s support for making them public and Congress’s need to investigate the attack without undue delays.Congress and the Biden administration, she noted, “contend that discovering and coming to terms with the causes underlying the Jan. 6 attack is a matter of unsurpassed public importance because such information relates to our core democratic institutions and the public’s confidence in them. The court agrees.”Earlier this week, Mr. Trump’s lawyer, Jesse R. Binnall, demonstrated an intent to keep going by asking Judge Chutkan to impose an emergency injunction on the National Archives barring it from turning over the records while he appealed the matter to the U.S. Court of Appeals for the District of Columbia Circuit.Understand the Supreme Court’s Momentous TermCard 1 of 5The Texas abortion law. More

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      Jan. 6 Panel Subpoenas Flynn and Eastman, Scrutinizing Election Plot

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      The latest batch of subpoenas from the House select committee investigating the Capitol riot also includes officials from former President Donald J. Trump’s re-election campaign.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol issued new subpoenas on Monday for a half-dozen allies of former President Donald J. Trump, including his former national security adviser Michael T. Flynn, as it moved its focus to an orchestrated effort to overturn the 2020 election.The subpoenas reflect an effort to go beyond the events of the Capitol riot and delve deeper into what committee investigators believe gave rise to it: a concerted campaign by Mr. Trump and his network of advisers to promote false claims of voter fraud as a way to keep him in power. One of the people summoned on Monday was John Eastman, a lawyer who drafted a memo laying out how Mr. Trump could use the vice president and Congress to try to invalidate the election results.In demanding records and testimony from the six Trump allies, the House panel is widening its scrutiny of the mob attack to encompass the former president’s attempt to enlist his own government, state legislators around the country and Congress in his push to overturn the election.Mr. Flynn discussed seizing voting machines and invoking certain national security emergency powers after the election. Mr. Eastman wrote a memo to Mr. Trump suggesting that Vice President Mike Pence could reject electors from certain states during Congress’s count of Electoral College votes to deny Joseph R. Biden Jr. a majority. And Bernard Kerik, the former New York police commissioner who was also subpoenaed, participated in a planning meeting at the Willard Hotel in Washington on Jan. 5 after backing baseless litigation and “Stop the Steal” efforts around the country to push the lie of a stolen election.“In the days before the Jan. 6 attack, the former president’s closest allies and advisers drove a campaign of misinformation about the election and planned ways to stop the count of Electoral College votes,” Representative Bennie Thompson, Democrat of Mississippi and the committee chairman, said in a statement. “The select committee needs to know every detail about their efforts to overturn the election, including who they were talking to in the White House and in Congress, what connections they had with rallies that escalated into a riot and who paid for it all.”The panel also issued subpoenas for Bill Stepien, Mr. Trump’s campaign manager, who supervised its conversion into a “Stop the Steal” operation; and Jason Miller, a senior adviser to the campaign who participated at the Jan. 5 meeting at the Willard, where associates discussed pressuring Mr. Pence not to certify the Electoral College results.Also included in the group that received subpoenas on Monday was Angela McCallum, the Trump campaign’s national executive assistant, who left a voice message for an unknown Michigan state representative in which she said she wanted to know whether the campaign could “count on” the representative to help appoint an alternate slate of electors.The subpoenas — which bring to 25 the number issued by the committee — require that the witnesses turn over documents this month and sit for depositions in early December. More than 150 witnesses have testified in closed-door sessions with the committee’s investigators.In a statement on Monday evening, Mr. Kerik said his lawyer had accepted the committee’s subpoena, but he defended his actions. He said that Rudolph W. Giuliani, Mr. Trump’s personal lawyer, had brought him into the legal effort to investigate claims of voter fraud, but he argued that he had nothing to do with plans to try to sway Congress.“I was not hired to overturn the will of the people — only to look into the integrity of the process and ensure that the results accurately reflected the will of the people,” Mr. Kerik said. “As to the events of Jan. 6, I was not involved.”Mr. Flynn, Mr. Eastman, Mr. Stepien, Mr. Miller and Ms. McCallum did not immediately respond to requests for comment..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}The panel’s latest move indicates that it is zeroing in on how — in the days and weeks before a throng of Mr. Trump’s supporters stormed the Capitol and disrupted Congress’s counting of votes — the former president’s closest associates were planning an effort stretching from the Oval Office, the House and Senate to state officials across the country.Critical to that push, investigators believe, was the meeting the day before the riot at the Willard Hotel. The Washington Post reported that Mr. Kerik paid for rooms and suites in Washington hotels as he worked with Mr. Giuliani on “Stop the Steal” efforts.“They are really honing in on this strategy at the Willard Hotel,” said Barbara L. McQuade, a former U.S. attorney and a law professor at the University of Michigan. “If it’s a campaign war room, that’s one thing. But the question is: To what extent are they looking at blocking the certification of the election? The Eastman memo is a real smoking gun. It really appears to be a concerted effort here.”Even as the committee ramps up its inquiry, it is facing stonewalling from Mr. Trump and many of his allies, whom he has directed to defy the panel based on a claim of executive privilege.Mr. Trump has filed suit against the committee to keep secret at least 770 pages of documents concerning handwritten notes, draft speeches and executive orders, and records of his calls, meetings and emails with state officials. But the Biden administration has declined to support his claim to executive privilege, arguing that there is no such prerogative for documents related to an attempt to undermine democracy and the presidency itself.The Justice Department is weighing whether to charge Stephen K. Bannon with criminal contempt of Congress after the House voted last month to recommend his prosecution for defying its subpoena. Another witness, Jeffrey Clark, a former Justice Department official who was involved in frenzied efforts to overturn the election, refused to cooperate on Friday.Mr. Flynn, who spent 33 years as an Army intelligence officer, has emerged as one of the most extreme voices in Mr. Trump’s push to overturn the election.Mr. Flynn attended a meeting in the Oval Office on Dec. 18 in which participants discussed seizing voting machines, declaring a national emergency, invoking certain national security emergency powers and continuing to spread the false message that the 2020 election was tainted by widespread fraud, the committee said. That meeting came after Mr. Flynn gave an interview to the right-wing site Newsmax in which he talked about the purported precedent for deploying military troops and declaring martial law to “rerun” the election.Mr. Stepien helmed Mr. Trump’s re-election campaign, which urged state and party officials to affect the outcome of the election by asking states to delay or deny the certification of electoral votes and by sending multiple slates of the votes to Congress to allow a challenge to the results, the committee said. In particular, Mr. Stepien supervised a fund-raising effort that sought to profit off the election challenges and promote lies about voting machines that campaign staff had determined to be false, the committee said.Mr. Trump and the Republican Party raised $255.4 million in the eight weeks after the election as he promoted unfounded accusations of fraud.Mr. Eastman has been the subject of intense scrutiny in recent weeks after it was revealed that he wrote a memo to Mr. Trump suggesting that Mr. Pence could reject electors from certain states. Mr. Eastman is also reported to have participated in a briefing for nearly 300 state legislators, during which he told the group that it was their duty to “fix this, this egregious conduct, and make sure that we’re not putting in the White House some guy that didn’t get elected,” the committee said.He met with Mr. Trump and Mr. Pence to push his arguments, participated in the meeting at the Willard and spoke at the “Stop the Steal” rally on the Ellipse on Jan. 6, before the Capitol assault. As violence broke out, he sent a message blaming Mr. Pence for not going along with his plan. More

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      In Trump Election Interference Investigation, Grand Jury Looms

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      An Atlanta D.A. is said to be likely to impanel a special grand jury in her criminal investigation of election interference by the former president and his allies.As the House committee investigating the Jan. 6 Capitol riot fights to extract testimony and documents from Donald J. Trump’s White House, an Atlanta district attorney is moving toward convening a special grand jury in her criminal investigation of election interference by the former president and his allies, according to a person with direct knowledge of the deliberations.The prosecutor, Fani Willis of Fulton County, opened her inquiry in February and her office has been consulting with the House committee, whose evidence could be of considerable value to her investigation. But her progress has been slowed in part by the delays in the panel’s fact gathering. By convening a grand jury dedicated solely to the allegations of election tampering, Ms. Willis, a Democrat, would be indicating that her own investigation is ramping up.Her inquiry is seen by legal experts as potentially perilous for the former president, given the myriad interactions he and his allies had with Georgia officials, most notably Mr. Trump’s January call to Secretary of State Brad Raffensperger, urging him to “find 11,780 votes” — enough to reverse the state’s election result. The Georgia case is one of two active criminal investigations known to touch on the former president and his circle; the other is the examination of his financial dealings by the Manhattan district attorney.Fani Willis, the Fulton County district attorney, opened her criminal inquiry into the former president in February.Nicole Craine for The New York TimesMs. Willis’s investigation is unfolding in a state that remains center stage in the nation’s partisan warfare over the vote.The Biden Justice Department has sued Georgia over a highly restrictive voting law passed by the Republican-led legislature, arguing that it discriminates against Black voters. At the same time, Mr. Trump is aggressively seeking to reshape the state’s political landscape by ousting Republicans whom he considers unwilling to do his bidding or to adopt his false claims of election fraud. He is supporting a challenger to Mr. Raffensperger in next year’s primary, and has been courting possible candidates to run against the Republican governor, Brian Kemp. One Trump ally, former Senator David Perdue, is weighing such a run, while another, the former football star Herschel Walker, is eyeing a Senate bid. (A new governor would not have direct power to pardon, which in Georgia is delegated to a state board.)Instead of impaneling a special grand jury, Ms. Willis could submit evidence to one of two grand juries currently sitting in Fulton County, a longtime Democratic stronghold that encompasses much of Atlanta. But the county has a vast backlog of more than 10,000 potential criminal cases that have yet to be considered by a grand jury — a result of logistical complications from the coronavirus pandemic and, Ms. Willis has argued, inaction by her predecessor, Paul Howard, whom she replaced in January.By contrast, a special grand jury, which by Georgia statute would include 16 to 23 members, could focus solely on the potential case against Mr. Trump and his allies. Ms. Willis is likely to soon take the step, according to a person with direct knowledge of the deliberations, speaking on the condition of anonymity because the decision is not final. Though such a jury could issue subpoenas, Ms. Willis would need to return to a regular grand jury to seek criminal indictments.Ms. Willis’s office declined to comment; earlier this year, in an interview with The New York Times, she said, “Anything that is relevant to attempts to interfere with the Georgia election will be subject to review.”Aides to Mr. Trump did not respond to requests for comment; in February, a spokesman called the Fulton County inquiry “the Democrats’ latest attempt to score political points by continuing their witch hunt against President Trump.”Brad Raffensperger, Georgia’s secretary of state, wrote in a new book about Mr. Trump’s asking him to “find” more votes: “I felt then — and still believe today — that this was a threat.”Ron Harris/Associated PressMr. Raffensperger made his view of Mr. Trump’s election meddling clear in a book released this month, on Election Day: “For the office of the secretary of state to ‘recalculate’ would mean we would somehow have to fudge the numbers. The president was asking me to do something that I knew was wrong, and I was not going to do that,” he wrote.Of Mr. Trump’s call, Mr. Raffensperger wrote, “I felt then — and still believe today — that this was a threat.”A 114-page analysis of potential issues in the case was released last month by the Brookings Institution, with authors including Donald Ayer, a deputy attorney general during the George H.W. Bush administration, and Norman Eisen, who was a special counsel to President Barack Obama. The report concluded that Mr. Trump’s postelection conduct in Georgia put him “at substantial risk of possible state charges,” including racketeering, election fraud solicitation, intentional interference with performance of election duties and conspiracy to commit election fraud.Mr. Trump’s ongoing commentary about what took place in Georgia may not be helping his cause. In September, he held a rally in Perry, Ga., attended by thousands of followers, as well as Mr. Walker and Representative Jody Hice, who is running against Mr. Raffensperger.At the rally, Mr. Trump recalled how he phoned Mr. Kemp, who refused his entreaties to intervene.“Brian, listen,” Mr. Trump said he told the governor. “You have a big election-integrity problem in Georgia. I hope you can help us out and call a special election, and let’s get to the bottom of it for the good of the country.”The Brookings authors asserted that these comments could help prosecutors establish “intent” to convince lawmakers to commit election fraud — a crucial hurdle in proving a solicitation case against Mr. Trump.“I think he worsened his exposure with those comments,” Mr. Eisen said. “The mere fact of his conversation with Kemp is evidence of solicitation of election fraud, because Trump’s demand was based on falsehoods. By commenting on it further at the rally, he offered the prosecution free admissions about the content of that exchange.”Trump’s Bid to Subvert the ElectionCard 1 of 6A monthslong campaign. More

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      Trump Justice Dept. Official Defies Request by Jan. 6 Panel

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      Jeffrey Clark, who aided in the former president’s efforts to overturn the election, appeared before the committee but would not answer substantive questions.WASHINGTON — Jeffrey Clark, a former Justice Department official involved in former President Donald J. Trump’s frenzied efforts to overturn the 2020 presidential election, refused to cooperate on Friday with the House committee investigating the Jan. 6 Capitol attack, leading to a sharp rebuke from the committee’s chairman.The standoff between Mr. Clark and the committee is the second such confrontation since Congress began investigating the circumstances surrounding the Capitol violence, seeking information on Mr. Trump’s attempts to subvert the election. The House has already voted to find one Trump ally, Stephen K. Bannon, in criminal contempt of Congress for stonewalling the inquiry.“Mr. Clark’s complete failure to cooperate today is unacceptable,” said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee. “As prescribed by the House rules, I have considered Mr. Clark’s claim of privilege and rejected it. He has a very short time to reconsider and cooperate fully. We need the information that he is withholding, and we are willing to take strong measures to hold him accountable.”Mr. Clark appeared before the committee on Friday but delivered a letter saying he would not answer substantive questions. He cited attorney-client privilege protecting his conversations with Mr. Trump.“He is duty-bound not to provide testimony to your committee covering information protected by the former president’s assertion of executive privilege,” Mr. Clark’s lawyer, Harry W. MacDougald, wrote in a letter to the committee, which was reported earlier by Politico. “Mr. Clark cannot answer deposition questions at this time.”Mr. Bannon also cited Mr. Trump’s directive for former aides and advisers to invoke immunity and refrain from turning over documents that might be protected under executive privilege in his refusal to cooperate. A federal judge expressed skepticism on Thursday about the merits of Mr. Trump’s lawsuit against the committee seeking to block from release at least 770 pages of documents related to the Capitol riot.Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.Mr. Thompson suggested such a penalty could await Mr. Clark, once a little-known official who repeatedly pushed his colleagues at the Justice Department to help Mr. Trump undo his loss.The committee has issued a subpoena seeking testimony and records from Mr. Clark, a focus that indicates it is deepening its scrutiny of the root causes of the attack, which disrupted a congressional session called to count the electoral votes formalizing President Biden’s victory.Mr. Thompson contrasted Mr. Clark’s refusal to cooperate with the actions of Jeffrey A. Rosen, who was acting attorney general during the Trump administration, and previously sat for a lengthy interview with the committee..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-16ed7iq{width:100%;display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;padding:10px 0;background-color:white;}.css-pmm6ed{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;}.css-pmm6ed > :not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“His refusal to answer questions about the former president’s attempt to use the Department of Justice to overturn the election is in direct contrast to his supervisors at the department,” Mr. Thompson said in a statement. “It’s astounding that someone who so recently held a position of public trust to uphold the Constitution would now hide behind vague claims of privilege by a former president, refuse to answer questions about an attack on our democracy and continue an assault on the rule of law.”Mr. MacDougald’s letter argued that Mr. Clark had nothing to do with the events of Jan. 6.“He has informed me he worked from home that day to avoid wrestling with potential street closures to get to and from his office at Main Justice,” the letter said. “Nor did Mr. Clark have any responsibilities to oversee security at the Capitol or have the ability to deploy any Department of Justice personnel or resources there.”But the Senate Judiciary Committee said in a recent report there was credible evidence that Mr. Clark was involved in other efforts to interrupt the peaceful transfer of power, citing his proposal to deliver a letter to state legislators in Georgia and others encouraging them to delay certification of election results.The Senate committee also said Mr. Clark recommended holding a news conference announcing that the Justice Department was investigating allegations of voter fraud, in line with Mr. Trump’s repeated demands, despite a lack of evidence of any fraud. Both proposals were rejected by senior leaders in the department.The New York Times reported in January that Mr. Clark also discussed with Mr. Trump a plan to oust Mr. Rosen, and wield the department’s power to force state lawmakers in Georgia to overturn its presidential election results. Mr. Clark denied the report, which was based on the accounts of four former Trump administration officials who asked not to be named because of fear of retaliation.Mr. Clark’s subpoena is one of 19 issued by the committee. The panel has interviewed more than 150 witnesses so far, according to a person with knowledge of its activities. More

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      McAuliffe Showed How You Lose Gracefully in Virginia

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      Glenn Youngkin’s victory over Terry McAuliffe in the Virginia governor’s race surprised many people in a state that has been trending blue for years. Republican candidates also won the other top races in the state, for lieutenant governor and attorney general.All three races were high-profile, closely fought affairs. Yet there were no claims of fraud by the losers, no conspiracy theories about Venezuelan despots rigging voting machines, no spurious lawsuits demanding recounts. As of Wednesday afternoon, at least, the State Capitol in Richmond stands untouched.How refreshing to see adults accepting defeat with grace.And the stakes were plenty high. Democrats across the country had grown increasingly anxious over the polls coming out of Virginia, and for good reason. It’s considered a bellwether for the midterm elections, and Tuesday’s vote served as the first major referendum on the Biden era.The McAuliffe campaign’s reaction to his crushing loss? Gird yourselves. “Congratulations to Governor-elect Glenn Youngkin on his victory,” Mr. McAuliffe said in a statement Wednesday morning. “I hope Virginians will join me in wishing the best to him and his family.”Come again? Republican turnout was way up in key precincts; surely Mr. McAuliffe was teeing up to make some wild accusation about partisan operatives stuffing ballot boxes. “While last night we came up short, I am proud that we spent this campaign fighting for the values we so deeply believe in,” the statement said.It’s almost like listening to a foreign language, isn’t it? Over the past year, Americans have been subjected to an endless temper tantrum by one of the country’s two major political parties — a party now led by people who have apparently lost the capacity to admit defeat. One year to the day since the polls closed in 2020, Donald Trump still hasn’t formally conceded that election. He couldn’t even muster the dignity and decorum to hand over the presidency to Joe Biden in person, skipping town on Inauguration Day like a crook on the lam.This can’t-accept-defeat mentality began in earnest before the 2016 election, which Mr. Trump said was rigged even after he won, and it has set the tone for all that has come since. It emboldened the absurd and dangerous campaign of lies about election fraud in 2020, which notably focused on the big cities where larger numbers of Black voters live. It led directly to the deadly Jan. 6 riot that Mr. Trump incited at the U.S. Capitol. And it continues to infect the party 10 months later, as top Republicans still refuse to acknowledge Mr. Biden as the legitimately elected president and Republican-led states pass laws to make it easier for their legislatures to overturn the will of the voters if they don’t like the result.Speaking of election fraud, Republicans have been strangely quiet on the topic this time around. Interesting how that works: When a Democrat wins, it’s ipso facto proof of fraud. When a Republican wins — presto! — the election is on the level. This is how so many top Republicans managed to keep a straight face in 2020 as they argued that votes for Mr. Biden were fraudulent even while votes for winning Republican candidates farther down the same ballot were magically untainted.Hey, Republicans! This does not have to be so hard. All you have to do is value American democracy more than you value your own party’s hold on power. I guarantee that Democrats want to win just as badly as you do, and yet they take their lumps like grown-ups.Here are some examples to learn from: In 2016, Hillary Clinton conceded less than a day after polls closed, even though she was running neck and neck with Mr. Trump in key swing states and was sitting on a popular-vote lead that would eventually swell to nearly three million votes. President Obama called Mr. Trump in the middle of the night to congratulate him; this is the most basic stuff of peaceful democratic transitions, and yet Mr. Trump could never bring himself to do it.Or recall what Vice President Al Gore did on Dec. 13, 2000, conceding one of the closest elections in more than a century after the Supreme Court ruled 5 to 4 to stop the vote counting in Florida. “I accept the finality of this outcome, which will be ratified next Monday in the Electoral College. And tonight, for the sake of our unity as a people and the strength of our democracy, I offer my concession,” Mr. Gore said in a nationally televised address that should stand as one of the most important moments in American history.Alas, Republicans these days seem more intent on deflecting criticism than on hearing it. Cue the references to Stacey Abrams, who refused to concede the 2018 Georgia governor’s race after losing to her Republican opponent, Brian Kemp. Agreed, that wasn’t good. It also wasn’t good that Mr. Kemp, as the secretary of state at the time, was in charge of running the election in which he was a candidate. After her defeat, she and others accused him of suppressing turnout by purging Georgia’s rolls of more than 1.4 million inactive voters. It’s worth noting that Ms. Abrams was not the incumbent and that no major Democratic figures publicly supported her refusal to concede.Losing is hard. It happens to everybody. But a concession is not just a symbolic gesture. It is the sine qua non of representative democracy — a literal enactment of the loser’s acceptance of the legitimacy of his or her opponent. When a single candidate refuses to concede, it’s corrosive. When a sitting president and much of his party refuse to, it can turn deadly, as the world saw on Jan. 6.I’m no fan of Mr. Youngkin, but he won fair and square, just as Mr. Biden did a year ago. Maybe Mr. Youngkin’s victory will remind his party that it can still prevail in closely fought elections and accept the ones they lose. Meanwhile, Republicans should read Mr. McAuliffe’s statement and remember why it’s so important to lose gracefully.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