More stories

  • in

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

    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

  • in

    McAuliffe Showed How You Lose Gracefully in Virginia

    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

  • in

    John Eastman Blamed Pence for Violence at Jan. 6 Riot

    John Eastman, the author of a memo that some in both parties liken to a blueprint for a coup, sent a hostile email to the vice president’s chief counsel as the mob attacked.WASHINGTON — As a mob was attacking the Capitol chanting “Hang Mike Pence,” a lawyer who plotted with President Donald J. Trump and his allies to try to overturn the 2020 election sent a hostile message to the vice president’s top lawyer, blaming Mr. Pence for the violence.The email, reported by The Washington Post and confirmed by a person briefed on its contents, shows the extent to which Mr. Trump and his advisers sought to pressure the vice president, who was presiding over the certification of the election, to defy the will of the voters and keep Mr. Trump in office.“The ‘siege’ is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so that the American people can see for themselves what happened,” the lawyer, John Eastman, wrote to Greg Jacob, Mr. Pence’s chief counsel.Mr. Pence and Mr. Jacob were in a secure room at the Capitol when Mr. Eastman sent the message, The Post said. Outside, rioters were storming the building where Congress was meeting to certify Joseph R. Biden Jr.’s election, erecting a gallows, hunting for Speaker Nancy Pelosi and forcing lawmakers to evacuate in a scene of violence and mayhem. Police officers recovered guns, knives, Tasers, Molotov cocktails, explosive devices and zip ties in the area.Mr. Eastman rose within Mr. Trump’s legal circle in 2020 from a little-known conservative academic to one of the most influential voices in the president’s ear, writing a memo laying out steps he argued Mr. Pence could take to keep Mr. Trump in power — measures Democrats and anti-Trump Republicans have likened to a blueprint for a coup.The two-page memo written by Mr. Eastman and circulated to the White House in the days before the certification was revealed in the book “Peril” by the Washington Post reporters Bob Woodward and Robert Costa. In the memo, Mr. Eastman argued that as vice president, Mr. Pence was “the ultimate arbiter” of the election, essentially saying he had the power to determine who won, and that “we should take all of our actions with that in mind.”That view was rejected by Mr. Pence and his lawyers as illegal and unethical.Since his memo was made public, Mr. Eastman has sought to distance himself from its contents, arguing that the document was taken out of context. He told National Review that the strategy was not “viable” and would have been “crazy” to pursue.But the email to Mr. Jacob undercuts those comments. Mr. Jacob wrote in a draft opinion article that Mr. Eastman showed “a shocking lack of awareness” as “a band of thugs who had been sold the lie that the vice president had the power to reverse the outcome of the election” stormed the Capitol.“Vice President Pence rejected the spurious legal theories that were pitched to him, and he did his duty,” Mr. Jacob wrote. “An inquiry should be made into whether the president’s outside lawyers did theirs.”Through a spokesman, Mr. Eastman declined to comment.The liberal activist Lauren Windsor recently recorded Mr. Eastman calling Mr. Pence an “establishment guy” and standing by the contents of his memo. “These guys are spineless,” he said of lawmakers who refused to join his plan to overturn the election based on false claims of widespread voter fraud.Trump’s Bid to Subvert the ElectionCard 1 of 6A monthslong campaign. More

  • in

    Court Filing Lists Documents Trump Seeks to Withhold From Jan. 6 Inquiry

    The National Archives says the former president is asserting executive privilege over phone logs, notes and other records concerning the attack on the Capitol.WASHINGTON — Former President Donald J. Trump is seeking to block from release a wide range of documents related to the Jan. 6 attack on the Capitol, the National Archives said Saturday in an early-morning federal court filing detailing what Mr. Trump is fighting to keep secret.In the filing, in the United States District Court for the District of Columbia, John Laster, the director of the National Archives’ presidential materials division, laid out for the first time exactly which documents Mr. Trump was asserting executive privilege over. The former president is hoping to prevent the documents from being reviewed by the House committee empowered to investigate the mob violence at the Capitol.According to the filing, Mr. Trump has asserted executive privilege specifically over 770 pages of documents, including 46 pages of records from the files of Mark Meadows, his former chief of staff; Stephen Miller, his former senior adviser; and Patrick Philbin, his former deputy counsel. Mr. Trump is also objecting to the release of the White House Daily Diary — a record of the president’s movements, phone calls, trips, briefings, meetings and activities — as well as logs showing phone calls to the president and to Vice President Mike Pence concerning Jan. 6, Mr. Laster wrote.Mr. Trump has also asserted executive privilege over 656 pages that include proposed talking points for Kayleigh McEnany, his former press secretary; a handwritten note concerning Jan. 6; a draft text of a presidential speech for the “Save America” rally that preceded the mob attack; and a draft executive order on the topic of election integrity, the filing states.Finally, Mr. Trump asserted executive privilege over 68 additional pages, including a draft proclamation honoring the Capitol Police and two officers who died after the riot, Brian D. Sicknick and Howard Liebengood, as well as related emails; a memo about a potential lawsuit against several states that Joseph R. Biden Jr. won in the November election; an email chain from a state official regarding election-related issues; and talking points on alleged election irregularities in one Michigan county.The filing comes in response to a lawsuit Mr. Trump filed this month against the National Archives seeking to block the disclosure of White House files related to his actions and communications surrounding the Jan. 6 riot.In that lawsuit, in a 26-page complaint, a lawyer for Mr. Trump argued that the materials must remain secret as a matter of executive privilege. The lawyer said the Constitution gave the former president the right to demand their confidentiality even though he was no longer in office — and even though President Biden has refused to assert executive privilege over them.The lawsuit touched off what is likely to be a major legal battle between Mr. Trump and the House committee investigating the Jan. 6 attack, in which a mob of his supporters stormed the Capitol seeking to disrupt Congress’s counting of electoral votes to formalize Mr. Biden’s victory. Its outcome will carry consequences for how much the panel can uncover about Mr. Trump’s role in the riot, pose thorny questions for the Biden administration and potentially forge new precedents about presidential prerogatives and the separation of powers.The leaders of the committee, Representative Bennie Thompson, Democrat of Mississippi, and Representative Liz Cheney, Republican of Wyoming, have condemned Mr. Trump’s lawsuit as “nothing more than an attempt to delay and obstruct our probe.”“It’s hard to imagine a more compelling public interest than trying to get answers about an attack on our democracy and an attempt to overturn the results of an election,” Mr. Thompson, the committee’s chairman, and Ms. Cheney, the vice chairwoman, wrote in a statement after the suit’s filing.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

  • in

    An Oath Keeper Was at the Capitol Riot. On Tuesday, He’s on the Ballot.

    Edward Durfee Jr. is a member of the far-right militia and was at the Capitol on Jan. 6. He is now running for office in New Jersey.Edward Durfee Jr. is many things: a former Marine, a libertarian who distrusts the Federal Reserve and an active member of the far-right Oath Keepers militia who leads the group’s northern New Jersey region and was outside the Capitol during the Jan. 6 attack.He is also running for the New Jersey State Assembly as a Republican.More than 20 Oath Keepers have been charged in connection with the Jan. 6 attack. Prosecutors have accused members of the militia of plotting to overturn the election by breaching the Capitol and making plans to ferry “heavy weapons” in a boat across the Potomac River into Washington.Mr. Durfee, a 67-year-old tech consultant, said he did not enter the Capitol during the assault, and he condemned the violence that led to several deaths.But he wholeheartedly embraces the ideology of the Oath Keepers, an antigovernment group that pledges to support and defend its interpretation of the Constitution against all enemies.The group, whose name comes from their original mission to disobey certain government orders, became a zealous supporter of former President Donald J. Trump, promoting conspiracy theories about “deep-state” cabals attempting to overthrow him and embracing his relentless lies that the 2020 election was illegitimate.Mr. Durfee said he went to Washington in January to “stop the steal” and to protest against disproved claims of election fraud.Mr. Durfee, in blue, outside of the Capitol on Jan. 6 with the Oath Keeper founder Stewart Rhodes.Eric WoodsBut he is more than just a fringe candidate mounting a long-shot race for the Legislature.He also leads the Republican committee in the town where he lives, Northvale, underscoring the extent to which right-wing activism has become increasingly mainstream within the G.O.P., even in a Democratic stronghold like Bergen County, less than 30 miles from Manhattan.The Oath Keepers, founded more than a decade ago, are known to draw members from the ranks of former military and law enforcement personnel. But records from the militia group, leaked after a database was hacked and shared with a group known as Distributed Denial of Secrets, have offered a new window into the organization’s links to active-duty police officers and government officials.In New York City, Mayor Bill de Blasio has said that any officer associated with the Oath Keepers should be investigated — and fired.Tuesday’s election in New Jersey features a matchup between Jack Ciattarelli, a Republican, and the Democratic incumbent, Philip D. Murphy, one of just two governor’s races in the country. All seats are also on the ballot in the state Legislature, where Democrats are expected to retain majority control.Mr. Durfee — who gathered 165 signatures to get on the ballot and then ran unopposed in the primary — has called for ending all governmental oversight of parental rights, permitting families to use taxpayer-funded vouchers to pay for private and parochial schools, and cutting state agency budgets by 5 percent.He has few illusions of outright victory.“I’m an oxymoron in government,” he said. “I’m on the ballot because nobody challenged me. There’s that lack of participation among our citizens.”He is running to represent a liberal area of northern New Jersey just across the Hudson River from New York. Registered Democrats in the district outnumber Republicans by more than three to one, making it difficult to find Republicans willing to invest the time and money to mount hard-to-win campaigns, party leaders said. (A frequent Republican candidate in the district, Dierdre Paul, called them “kamikaze races.”)“I’m not this ogre that’s hiding behind the fence — ‘Oh, here comes one of them Democrats. Let’s jump on them,’” Mr. Durfee said.Gregg Vigliotti for The New York TimesThe county’s Republican chairman, Jack Zisa, defended Mr. Durfee as a “mild-mannered conservative,” but said that his main attribute was far more transactional: He was the only person willing to run.“It’s a very tough district for Republicans and Mr. Durfee was, frankly, one of only a couple people who put his name in,” Mr. Zisa said.Mr. Durfee is one of dozens of Oath Keepers across the country who are already in office or running for election, nearly all of them Republicans, according to a ProPublica analysis of the hacked database.Roy Sokoloski, a Republican, was involved with recruiting candidates to run for office when he was a councilman in Northvale, a 5,000-person town on the northern border with New York State. He and Mr. Durfee worship at the same Roman Catholic church.“If you don’t know his political background, he’s a nice fellow,” said Mr. Sokoloski, an architect.But he believes Mr. Durfee’s candidacy is an ominous sign for a once-formidable party struggling to remain relevant in a state with nearly 1.1 million more registered Democrats than Republicans.“He’s the worst candidate that the Republicans could have endorsed,” said Mr. Sokoloski, who said he voted against Mr. Trump twice and spoke wistfully of a time when G.O.P. leaders focused on issues like high taxes, not overturning elections.“If the Republican Party can only find people like that,” he said, “what does that say about the party?”Mr. Durfee said he drove from New Jersey on Jan. 6 to help with an Oath Keeper security detail. “We weren’t enforcers,” Mr. Durfee said. “We were just there as eyes.”He said he was close enough to the chaos to get doused with pepper spray, but far enough away to avoid being swept into the crowd that rampaged through the Capitol.Brian D. Sicknick, a Capitol Police officer who grew up in New Jersey and faced off against the angry mob, died after suffering what a medical examiner ruled were multiple strokes.“It just morphed into something and got out of control,” Mr. Durfee said. “It’s just shameful.”A devotee of the libertarian Ron Paul, Mr. Durfee speaks openly about his involvement with the Oath Keepers, which he said he joined in 2009, the year it was founded following the election of Barack Obama.Mr. Durfee runs the Oath Keepers’ northern New Jersey operation and said he was responsible for maintaining the national group’s email and membership lists, which were included in the documents that were hacked.Mr. Durfee, a tech consultant, says he maintains the Oath Keepers’ membership database. The list was hacked, offering a clearer understanding of people linked to the far-right militia group.Gregg Vigliotti for The New York TimesHis campaign, he said, has consisted mainly of attending community events, handing out business cards and directing people to a candidate website he built.He has little money to spend in his race against the Democratic Assembly candidates, Shama A. Haider and Ellen J. Park. He and two other candidates running on the Republican line for the Legislature have reported that, as a group, they do not expect to spend more than $15,800.He has not gotten support from the state Republican Party, and Mr. Ciattarelli has tried to distance himself from Mr. Durfee. “Anyone who advocates terrorism, or had anything to do with the insurrection, has no place in our party,” said Chris Russell, a strategist for the Ciattarelli campaign..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;}Mr. Durfee said he preferred to keep his savings in precious metals based on a worry that paper “fiat money” will eventually be devalued.“I have dollars for my wife — we all have to live,” he said. “But I save in silver and gold.”He spent two years in the Marines in noncombat roles. After earning his G.E.D., he took classes in computer programming at Chubb Institute. Last year, he lost a race for Northvale councilman.A grandfather of three who opposes abortion, he is an ardent Catholic and a fourth-degree member of the Knights of Columbus, a rank given for patriotism.“I’m not this ogre that’s hiding behind the fence — ‘Oh, here comes one of them Democrats. Let’s jump on them,’” he said.Mr. Durfee participated in a videoconference with the Oath Keepers founder, Stewart Rhodes, and dozens of other members 10 days after the 2020 election, according to a leaked recording of the call released by Unicorn Riot, an alternative media site. As speakers discussed upcoming protests in Washington, Mr. Durfee can be heard urging people to “show the respect that we have for our country and our Constitution.”“We’re not coming down there with fisticuffs, unless, you know,” he said, his voice trailing off.“We’re all eager to be overzealous,” he added, “but we still have to maintain that position of respect for our flag and for our country.”Instead, the violence that unfolded shook the nation, leading to the arrests of more than 600 people and a congressional investigation into what the F.B.I. has called domestic terrorism.Assemblywoman Valerie Vainieri Huttle, a Democrat who represents Mr. Durfee’s district, said she saw his candidacy mainly as an indicator of Mr. Trump’s grip on the Republican Party, even in liberal bastions like Bergen County.Republican strongholds still exist in New Jersey, especially in the rural northwest and along the Jersey Shore; Mr. Trump lost to Joseph R. Biden Jr. statewide by 16 percentage points, yet beat him in Ocean County by 29 points.Still, Ms. Huttle said she was surprised to see such a far-right candidate vying for a seat she has held for 15 years.“I would understand it in South Jersey,” said Ms. Huttle, who lost a primary race for State Senate and will be leaving the Legislature in January. “I don’t understand it here.”Mr. Zisa, the Republican chairman, said it would be inaccurate to read too much into Mr. Durfee’s candidacy.“We’re the Republican Party,” he said. “We’re not the Oath Keeper party.”Nonetheless, he is hoping to capitalize on the media interest in Mr. Durfee’s affiliation with the extremist group. If it boosts turnout, he said, it could result in spinoff value for Republican candidates in more competitive races.“This might drive the Republican voter out,” Mr. Zisa said. More

  • in

    Cori Bush and AOC Are Right About Jan. 6 and 1866

    When, in the early morning hours of Jan. 7, Congress finally certified the 2020 Electoral College count, more than 140 Republican members of Congress had voted, in one way or another, to reject the outcome. They had embraced the spirit of the mob that stormed the Capitol the day before, even if they had not physically joined it.With that said, there was a smaller number of congressional Republicans who may have gone further than simply casting a vote the way President Donald Trump wanted them to, in the days leading up to Jan. 6. According to a new report by Hunter Walker in Rolling Stone, “Multiple people associated with the March for Trump and Stop the Steal events that took place during this period communicated with members of Congress throughout this process.”Walker’s sources, two unnamed organizers who say they helped plan the rallies, claim that Representatives Marjorie Taylor Greene, Andy Biggs, Paul Gosar, Lauren Boebert, Mo Brooks, Madison Cawthorn and Louie Gohmert or members of their staffs spoke to or collaborated with pro-Trump activists in the days, weeks and months before the attack on the Capitol. Gosar, a staunch defender of the former president, reportedly told potential rally goers that Trump would give them a “blanket pardon” for their activities.Greene, Gohmert, Boebert, Brooks, Cawthorn and Biggs have all pushed back strongly on the Rolling Stone report, which appeared over the weekend. Gosar called it “categorically false and defamatory.”“There was a meeting at the White House about voter fraud and election theft activity,” Brooks said. “But I have no recollection of any kind of organizational activity regarding the speeches on Jan. 6.”For his part, Gohmert released a statement Monday: “No one in my office, including me, participated in the planning of the rally or in any criminal activity on Jan. 6. We did not attend or participate at all.”Boebert also issued a statement on Monday: “Let me be clear. I had no role in the planning or execution of any event that took place at the Capitol or anywhere in Washington, D.C. on Jan. 6th.”The organizers who spoke to Rolling Stone apparently plan to testify before the Jan. 6 select committee to provide more details about what they say was collaboration between Republican lawmakers and the pro-Trump activists who planned the events that ultimately led to the attack.In the meantime, some Democrats are already calling for their removal from office.“Any member of Congress who helped plot a terrorist attack on our nation’s Capitol must be expelled,” Representative Alexandria Ocasio-Cortez wrote on Twitter. “Those responsible remain a danger to our democracy, our country, and human life in the vicinity of our Capitol and beyond.”Likewise, Representative Cori Bush of Missouri said on Twitter that the House must “investigate and expel members of Congress who helped incite the deadly insurrection on our Capitol.”Bush had actually introduced a House resolution for this purpose just days after the attack. “There is no place in the people’s House for these heinous actions,” she said at the time, referring to “members who attempted to disenfranchise voters and incited this violence.”“I firmly believe,” she went on, “that these members are in breach of their sworn Oath of Office to support and defend the Constitution of the United States. They must be held accountable.”They weren’t. There was simply no appetite, among House leadership, for such drastic and decisive action. There still isn’t. But it was a serious demand, and we should take it seriously.Bush’s resolution rests on Section 3 of the 14th Amendment to the Constitution, which cleared Congress in 1866 and was ratified in 1868:No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, 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. But Congress may by a vote of two-thirds of each House, remove such disability.In plain English, Congress has the power and authority to expel from office any constitutional officer who engages in sedition and takes up arms against the Constitution of the United States.The original context for this, obviously, was the Civil War and its immediate aftermath. By the summer of 1865, President Andrew Johnson, a conservative unionist from Tennessee, had taken charge of Reconstruction with a plan to restore the Southern states as equals, their political and constitutional status essentially unchanged from what it was before the war.Under Johnson’s arrangement, the former Confederate states could operate under their antebellum constitutions, the end of slavery notwithstanding. All-white electorates could elect all-white legislatures and send all-white delegations to Washington. Some of these men were, like Johnson, conservative unionists. Many more were former rebel leaders. Alexander Stephens — of the infamous Cornerstone Speech — was elected to represent Georgia in the Senate in 1866 after he was arrested and imprisoned as the former vice president of the Confederacy in 1865.Either way, neither group supported anything like fundamental change to the social and political fabric of the South. If seated, these delegations to Congress would stymie and block any Republican effort to reconstruct the South as an open society with free labor.Indeed, had every Southern representative been seated, Republicans would not have had the votes to get the 14th Amendment through Congress in the first place, on account of the two-thirds majority requirement for passage.Worse than potential obstruction was the real chance that the South would re-enter Congress with as much, or more, political power than it had before the war. The 13th Amendment had abolished chattel slavery, which effectively gutted the three-fifths compromise. And thanks to Johnson, recalcitrant Southern elites could form new governments without extending the vote to free and recently freed Blacks. When the 14th Amendment repealed the three-fifths compromise outright, the effect would be to give the South a considerable bonus in Congress.“Beginning with the reapportionment of 1870,” the legal scholar Garrett Epps writes in “The Antebellum Political Background of the Fourteenth Amendment,” “the Southern states would receive full representation for each freed slave rather than a mere sixty percent, a change that would give the region thirteen more House seats and electoral votes without the extension of minimal political rights, much less the franchise, to the freed slaves who formed the basis of the representation.”To head off this threat, Republicans took two steps. First, they refused to recognize, much less seat, members from the states readmitted under Johnson’s policies. And then, looking to the future, they wrote this prohibition on former Confederate leaders into the Constitution as Section 3 of the 14th Amendment. Republicans would prevent the re-ascendence of this “slave power” with a blockade of federal office deployed against Southern elites.If the ultimate goal of Section 3, in other words, was to preserve the integrity of Congress against those who would capture its power and plot against the constitutional order itself, then Representative Bush is right to cite the clause against any members of Congress who turn out to have collaborated with the plotters to overturn the election and whose allies are still fighting to “stop the steal.”There is a movement afoot to undermine electoral democracy for the sake of a would-be strongman. We have the tools to stop it. Congress, and by this I mean the Democratic majority, should use them.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Las investigaciones internas de Facebook: los documentos muestran señales de alarma sobre la desinformación

    Documentos de la empresa revelan que en varias ocasiones trabajadores de la red social advirtieron de la difusión de desinformación y teorías de la conspiración antes y después de las elecciones presidenciales de Estados Unidos.Dieciséis meses antes de las elecciones presidenciales celebradas en noviembre del año pasado, una investigadora de Facebook describió un acontecimiento alarmante. Una semana después de abrir una cuenta experimental, ya estaba recibiendo contenido sobre la teoría conspirativa de QAnon, según escribió en un informe interno.El 5 de noviembre, dos días después de las elecciones, otro empleado de Facebook escribió un mensaje para alertar a sus colegas sobre los comentarios con “desinformación electoral polémica” que se podían ver debajo de muchas publicaciones.Cuatro días después de eso, un científico de datos de la empresa escribió una nota para sus compañeros de trabajo en la que decía que el diez por ciento de todas las vistas de material político en Estados Unidos —una cifra sorprendentemente alta— eran publicaciones que alegaban un fraude electoral.En cada caso, los empleados de Facebook sonaron una alarma sobre desinformación y contenido inflamatorio en la plataforma e instaron a tomar medidas, pero la empresa no atendió los problemas o tuvo dificultades para hacerlo. La comunicación interna fue parte de un conjunto de documentos de Facebook que obtuvo The New York Times, que brindan nueva información sobre lo ocurrido dentro de la red social antes y después de las elecciones de noviembre, cuando a la empresa la tomaron desprevenida los usuarios que convirtieron la plataforma en un arma para difundir mentiras sobre la votación. More

  • in

    What Happened When Facebook Employees Warned About Election Misinformation

    Company documents show that the social network’s employees repeatedly raised red flags about the spread of misinformation and conspiracies before and after the contested November vote.Sixteen months before last November’s presidential election, a researcher at Facebook described an alarming development. She was getting content about the conspiracy theory QAnon within a week of opening an experimental account, she wrote in an internal report.On Nov. 5, two days after the election, another Facebook employee posted a message alerting colleagues that comments with “combustible election misinformation” were visible below many posts.Four days after that, a company data scientist wrote in a note to his co-workers that 10 percent of all U.S. views of political material — a startlingly high figure — were of posts that alleged the vote was fraudulent.In each case, Facebook’s employees sounded an alarm about misinformation and inflammatory content on the platform and urged action — but the company failed or struggled to address the issues. The internal dispatches were among a set of Facebook documents obtained by The New York Times that give new insight into what happened inside the social network before and after the November election, when the company was caught flat-footed as users weaponized its platform to spread lies about the vote. More