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    As Bids to Overturn Vote Fail, Pro-Trump Demonstrators Stick With Him

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    State Certified Vote Totals

    Election Disinformation

    Full Results

    Biden Transition Updates

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    The Texas Lawsuit and the Age of Dreampolitik

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyThe Texas Lawsuit and the Age of DreampolitikThe separation of political reality from political fantasy stills exists — for now.Opinion ColumnistDec. 12, 2020Credit…Doug Mills/The New York TimesWhen it comes to Donald Trump’s efforts to claim victory in the 2020 presidential election, there are two Republican Parties. One G.O.P. has behaved entirely normally, certifying elections, rejecting frivolous claims and conspiratorial lawsuits, declining to indulge the conceit that state legislatures might substitute their votes for the electoral outcome.The other G.O.P. is acting like a bunch of saboteurs: insisting that the election was stolen, implying that the normal party’s officials are potentially complicit and championing all manner of outlandish claims and strategies — culminating in the lawsuit led by the attorney general of Texas that sought to have the Supreme Court essentially nullify the election results in the major swing states.What separates these two parties is not necessarily ideology or partisanship or even loyalty to Donald Trump. (Nobody had Brian Kemp and Bill Barr, both prominent members of the first group, pegged as NeverTrumpers.) It’s all about power and responsibility: The Republicans behaving normally are the ones who have actual political and legal roles in the electoral process and its judicial aftermath, from secretaries of state and governors in states like Georgia and Arizona to Trump’s judicial appointees. The Republicans behaving radically are doing so in the knowledge — or at least the strong assumption — that their behavior is performative, an act of storytelling rather than lawmaking, a posture rather than a political act.This postelection division of the Republican Party extends and deepens an important trend in American politics: The cultivation of a kind of “dreampolitik” (to steal a word from Joan Didion), a politics of partisan fantasy that so far manages to coexist with normal politics, feeding gridlock and stalemate and sometimes protest but not yet the kind of crisis anticipated by references to Weimar Germany and our Civil War.The cultivation is a bipartisan affair. When conservatives defend their fight to overturn the election as an answer to the way Democrats reacted to Donald Trump’s victory in 2016, they are correct in the sense that most of their arguments and proposed tactics have antecedents on the liberal side. The attempts to scrutinize swing-state data for anomalies that prove the fix was in recapitulate similar attempts by early #Resistance pioneers. The state-legislature fantasy is an answer to the “Hamilton elector” fantasy, in which faithless electors were going to deny Trump the White House. The widespread Republican belief in voter fraud is akin to the widespread Democratic belief that Russian hacking changed vote totals.The difference, though, is that the right’s fantasy has been embraced from the start by a Republican president (Hillary Clinton was a follower rather than a leader in calling Trump “illegitimate”), and it has penetrated much faster and further into the apparatus of Republican politics. In January 2017, only a handful of Democratic backbenchers objected to Congress’s certification of Trump’s election. But you can find the name of the House minority leader, Kevin McCarthy, on a brief supporting the ridiculous Texas lawsuit.That brief did not persuade the Supreme Court, Biden will be president, and the Republicans who signed up for the fantasy have been protected from their folly, once again, by Republicans with actual responsibility — in this most recent case, Brett Kavanaugh, Amy Coney Barrett, Neil Gorsuch and John Roberts.But it’s reasonable to wonder how long this can go on — whether dreampolitik and realpolitik can continue permanently on separate tracks, brushing up against each other from time to time without a serious collision, or whether eventually the dreamworld narratives will force a crisis in the real one.One possibility, which I explored in my recent book, is that political fantasy can actually be a substitute for radical action in the real world. There are ways in which the internet, especially, seems to contain and redirect the same extremism it nurtures — pushing it into memes and hashtags and social-media wars rather than actual revolutions, giving us Diamond and Silk tweeting about a military coup rather than the thing itself.In this theory, certain kinds of partisan fantasy might actually be stabilizing forces, letting people satisfy their ideological urges by participating in a story in which their side is always on the verge of some great victory, in which Trump is about to be exposed as a Manchurian candidate or removed by the 25th Amendment (I participated in that one), or alternatively in which Trump is about to order mass arrests of all the pedophile elites or get the Supreme Court to put him back in office for another four years. Or, for the apocalyptically inclined, a fantasy in which your political enemies are poised to do something unbelievably terrible — like all the right-wing militia violence that liberals expected on Election Day — that would vindicate all your fears and makes you happy in your hatred.Crucially, as in certain famous cults, the failure of these prophecies doesn’t undo the story. It just requires more elaboration and adaptation, more creative fantasizing — and meanwhile the gears of normal politics grind on, choked with sand but still turning steadily enough.I am certain this analysis fits the career of Trump himself, who has conjured wild fantasies among his friends and enemies alike, but who clearly doesn’t have the capacity to bring the real world into alignment with his own reality-television imagination, to suborn the custodians of institutional legitimacy — whether the military or the Supreme Court or his own attorney general and the governor of Georgia. And while Trump may get one more great performance in 2024, I’m not sure that any plausible successor will be able to achieve his mind-meld with the right’s dreampolitik — in which case this postelection fight might be a unique convergence between reality and fantasy, rather than a foretaste of the two collapsing disastrously into each other.On the other hand, we saw over the summer how amid the unique combination of pandemic, lockdown and Trump’s provoking presidency, the fantasy politics of the left could slip free of the dreamworlds of academia and online activism, contributing to violence and purges in the real world — from the streets of the Twin Cities to the board of the Poetry Foundation. Police abolition and apologias for rioting belonged to the realm of ideological fantasy politics until they didn’t, and if certain left-wing impulses have gone back to being fantastic in the months since, the memory of May and June remains.The Texas lawsuit didn’t torch any city blocks, but all those congressional signatures on the amicus brief did make it feel like something more than just another meme. The crucial question it raises is whether people can be fed on fantasies forever — or whether once enough politicians have endorsed dreampolitik, the pressure to make the dream into reality will inexorably build.The last month of 2020 won’t resolve that question. But we can look forward, in the next decade if not sooner, to discovering whether my confidence in the separation of political fantasy and political reality was the greatest fantasy of all.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.AdvertisementContinue reading the main story More

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    Federal Judge in Wisconsin Deals Trump Another Court Defeat

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    State Certified Vote Totals

    Election Disinformation

    Full Results

    Biden Transition Updates

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    ‘An Indelible Stain’: How the G.O.P. Tried to Topple a Pillar of Democracy

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    Manhattan D.A. Intensifies Investigation of Trump

    #masthead-section-label, #masthead-bar-one { display: none }The President’s TaxesOur InvestigationA 2016 WindfallProfiting From FameTimeline18 Key FindingsEditor’s NoteAdvertisementContinue reading the main storySupported byContinue reading the main storyManhattan D.A. Intensifies Investigation of TrumpProsecutors have recently interviewed employees of President Trump’s lender and insurance brokerage, in the latest indication that he still faces the potential threat of criminal charges once he leaves office.When President Trump returns to private life in January, he will lose the protection from criminal prosecution that his office has afforded him. Credit…Doug Mills/The New York TimesWilliam K. Rashbaum, Ben Protess and Dec. 11, 2020Updated 7:42 a.m. ETState prosecutors in Manhattan have interviewed several employees of President Trump’s bank and insurance broker in recent weeks, according to people with knowledge of the matter, significantly escalating an investigation into the president that he is powerless to stop.The interviews with people who work for the lender, Deutsche Bank, and the insurance brokerage, Aon, are the latest indication that once Mr. Trump leaves office, he still faces the potential threat of criminal charges that would be beyond the reach of federal pardons.It remains unclear whether the office of the Manhattan district attorney, Cyrus R. Vance Jr., will ultimately bring charges. The prosecutors have been fighting in court for more than a year to obtain Mr. Trump’s personal and corporate tax returns, which they have called central to their investigation. The issue now rests with the Supreme Court.But lately, Mr. Vance’s office has stepped up its efforts, issuing new subpoenas and questioning witnesses, including some before a grand jury, according to the people with knowledge of the matter, who requested anonymity because of the sensitive nature of the investigation.The grand jury appears to be serving an investigative function, allowing prosecutors to authenticate documents and pursue other leads, rather than considering any charges.When Mr. Trump returns to private life in January, he will lose the protection from criminal prosecution that his office has afforded him. While The New York Times has reported that he discussed granting pre-emptive pardons to his eldest children before leaving office — and has claimed that he has the power to pardon himself — that authority applies only to federal crimes, and not to state or local investigations like the one being conducted by Mr. Vance’s office.The investigation led by the office of the Manhattan district attorney, Cyrus R. Vance Jr., has spanned more than two years, and its focus has shifted over time. Credit…Drew Angerer/Getty ImagesMr. Trump, who has maintained he did nothing improper, has railed against the inquiry, calling it a politically motivated “witch hunt.”The investigation by Mr. Vance, a Democrat, has focused on Mr. Trump’s conduct as a private business owner and whether he or employees at his family business, the Trump Organization, committed financial crimes. It is the only known criminal inquiry into the president.Employees of Deutsche Bank and Aon, two corporate giants, could be important witnesses. As two of Mr. Trump’s oldest allies — and some of the only mainstream companies willing to do regular business with him — they might offer investigators a rich vein of information about the Trump Organization.There is no indication that either company is suspected of wrongdoing.Because grand jury rules require secrecy, prosecutors have disclosed little about the focus of the inquiry and nothing about what investigative steps they have taken. But earlier this year, they suggested in court papers that they were examining possible insurance, tax and bank-related fraud in the president’s corporate dealings.In recent weeks, Mr. Vance’s prosecutors questioned two Deutsche Bank employees about the bank’s procedures for making lending decisions, according to a person familiar with the interviews. The employees were experts in the bank’s underwriting process, not bankers who worked with the Trump Organization, the person said.While the focus of those interviews was not on the relationship with Mr. Trump, bank officials expect Mr. Vance’s office to summon them for additional rounds of more specific questions in the near future, the person said.Glimpses into the investigation have come in court records during the bitter and protracted legal battle over a subpoena for eight years of Mr. Trump’s personal and corporate tax returns and other financial records.A month after Mr. Vance’s office demanded the documents from the president’s accounting firm, Mazars USA, in August 2019, Mr. Trump sued to block compliance with the subpoena. The case has twisted its way through the federal courts, with the president losing at every turn, and is now in front of the Supreme Court for the second time.Danny Frost, a spokesman for Mr. Vance, declined to comment on recent moves in the investigation. Alan Garten, the Trump Organization’s general counsel, declined to comment, but recently said that the company’s practices complied with the law and called the investigation a “fishing expedition.”Aon confirmed that the company had received a subpoena for documents from the district attorney’s office but declined to comment on the interviews with prosecutors. “As is our policy, we intend to cooperate with all regulatory bodies, including providing copies of all documents requested by those bodies,” a company spokeswoman said in a statement.Deutsche Bank, Mr. Trump’s primary lender since the late 1990s, received a subpoena last year from the district attorney and has said it is cooperating with the inquiry.In court papers, the prosecutors have cited public reports of Mr. Trump’s business dealings as legal justification for their inquiry, including a Washington Post article that concluded the president may have inflated his net worth and the value of his properties to lenders and insurers.Michael D. Cohen, the president’s former lawyer and fixer who turned on him after pleading guilty to federal charges, also told Congress in February 2019 that Mr. Trump and his employees manipulated his net worth to suit his interests.Michael Cohen, President Trump’s former personal lawyer, testified before the House Oversight and Reform Committee on Feb. 27, 2019.Credit…Erin Schaff/The New York Times“It was my experience that Mr. Trump inflated his total assets when it served his purposes, such as trying to be listed among the wealthiest people in Forbes, and deflated his assets to reduce his real estate taxes,” he said in testimony before the House Oversight Committee.Mr. Trump’s supporters have noted that Mr. Cohen pleaded guilty in 2018 to lying to Congress and accused him of lying again to earn a reduced prison sentence.The Trump Organization’s lawyers are also likely to argue to prosecutors that Mr. Trump could not have duped Deutsche Bank because the bank did its own analysis of Mr. Trump’s net worth.Over the years, employees and executives inside the bank thought that Mr. Trump was overvaluing some of his assets by as much as 70 percent, according to current and former bank officials. Deutsche Bank still decided to lend Mr. Trump’s company hundreds of millions of dollars over the past decade, concluding that he was a safe lending risk in part because he had more than enough money and other assets to personally guarantee the debt.The prosecutors’ interviews with the employees was not the only recent activity in the investigation. Last month, The Times reported that Mr. Vance’s office had subpoenaed the Trump Organization for records related to tax write-offs on millions of dollars in consulting fees, some of which appear to have gone to the president’s daughter Ivanka Trump.According to people with knowledge of the matter, the subpoena sought information about fees paid to TTT Consulting L.L.C., an apparent reference to Ms. Trump and other members of her family. Ms. Trump was an executive officer of the Trump companies that made the payments, meaning she appears to have been paid as a consultant while also working for the Trump Organization.Mr. Garten, the Trump Organization’s general counsel, argued in a statement at the time that the subpoena was part of an “ongoing attempt to harass the company.” He added that “everything was done in strict compliance with applicable law and under the advice of counsel and tax experts.”Mr. Vance’s investigation has spanned more than two years and shifted focus over time. When the investigation began, it examined the Trump Organization’s role in hush money payments made during the 2016 presidential campaign to two women who claimed to have had affairs with Mr. Trump. Prosecutors were examining how the company recorded a reimbursement to Mr. Cohen for one of the payments. Mr. Cohen pleaded guilty to federal campaign finance violations for his role in the scheme.A state grand jury convened by Mr. Vance’s office heard testimony from at least one witness about that issue last year, according to a person with knowledge of that testimony, but the payments have receded as a central focus of the inquiry.Michael Rothfeld contributed reporting.AdvertisementContinue reading the main story More

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    Two Reasons the Texas Election Case Is Faulty

    AdvertisementContinue reading the main storyTracking Viral MisinformationTwo reasons the Texas election case is faulty: flawed legal theory and statistical fallacy.Dec. 10, 2020, 8:10 p.m. ETDec. 10, 2020, 8:10 p.m. ETJeremy W. Peters, David Montgomery, Linda Qiu and Texas filed its election challenge directly to the Supreme Court, an unusual move.Credit…Anna Moneymaker for The New York TimesKen Paxton, the Texas attorney general, has asked the Supreme Court to do something it has never done before: disenfranchise millions of voters in four states and reverse the results of the presidential election.The case is highly problematic from a legal perspective and is riddled with procedural and substantive shortcomings, election law experts said.And for its argument to succeed — an outcome that is highly unlikely, according to legal scholars — a majority of the nine justices would have to overlook a debunked claim that President-elect Joseph R. Biden Jr.’s chances of victory were “less than one in a quadrillion.”Mr. Paxton is a compromised figure, under indictment in a securities fraud case and facing separate accusations, by several former employees, of abusing his office to aid a political donor.Here are some reasons this case is probably not “the big one” like President Trump has called it.The suit’s legal argument is deeply flawed, legal experts said.Texas appears to have no claim to pursue the case, which would extend Monday’s deadline for certification of presidential electors in Georgia, Michigan, Pennsylvania and Wisconsin. It relies on a novel theory that Texas can dictate how other states run their elections because voting irregularities elsewhere harm the rights of Texans.The Paxton case fails to establish why Texas has a right to interfere with the process through which other states award their votes in the Electoral College, said Edward B. Foley, a law professor at Ohio State University and director of its election law program. The authority to manage elections falls to the states individually, not in any sort of collective sense that the Paxton suit implies.“They all do what they do,” Mr. Foley said. “For Texas to try to complain about what Georgia, Pennsylvania and these other states have done would be a lot like Massachusetts complaining about how Texas elects its senators.”Typically state attorneys general are protective of their rights and wary of Supreme Court intervention, which Mr. Foley said makes this case unusual. “This is just the opposite,” he said. “It would be an unprecedented intrusion into state sovereignty.”The four states named in the suit denounced it on Thursday and urged the court to reject it. The attorney general of Michigan, Dana Nessel, accused Mr. Paxton and other Trump allies of running “a disinformation campaign baselessly attacking the integrity of our election system.”The remedy the lawsuit seeks — the disenfranchisement of millions of voters — would be without precedent in the nation’s history.Even if the suit were proper, it was almost surely filed too late, as the procedures Texas objects to were in place before the election.A Supreme Court brief opposing Texas’ requests by prominent Republicans, including former Senator John Danforth of Missouri and former Gov. Christine Todd Whitman of New Jersey, said Texas’ filings “make a mockery of federalism and separation of powers.”“It would violate the most fundamental constitutional principles for this court,” the brief said, “to serve as the trial court for presidential election disputes.”Mr. Trump and his supporters have often pointed to Bush v. Gore, the Supreme Court case that decided the 2000 election, as a hopeful historical precedent for their side. But unlike Bush v. Gore, there is not an obvious constitutional question at issue.“It looks like an inherently political suit,” Mr. Foley said.The suit uses statistical arguments that statisticians called ‘comical.’Mr. Paxton’s filing repeatedly cites an analysis by an economist in California that statisticians have said is nonsensical. Mr. Biden’s chances of winning the four battleground states in question, the analysis says, were “less than one in a quadrillion.”The economist, Charles J. Cicchetti, who donated to Mr. Trump’s campaign in 2016, arrived at the minuscule probability by purporting to use the results of the 2016 election as a backstop. His flawed reasoning was this: If Mr. Biden had received the same number of votes as Hillary Clinton did in 2016, he wrote, a victory would have been all but impossible.But Mr. Biden, of course, did not receive the same number of votes as Mrs. Clinton; he received over 15 million more. Nor would any candidate be expected to receive the same number of votes as a previous candidate.Business & EconomyLatest UpdatesUpdated Dec. 10, 2020, 4:09 p.m. ETWalmart is preparing to administer a coronavirus vaccine once it is available.Mastercard and Visa stop allowing their cards to be used on Pornhub.The U.S. budget deficit hit $207 billion in November.That one-in-a-quadrillion figure has echoed across social media and was promoted by the White House press secretary. But an array of experts have said that the figure and Mr. Cicchetti’s analysis are easily refutable.Stephen Ansolabehere, a professor of government at Harvard University who runs its election data archive, called this analysis “comical.”The analysis omitted a number of obvious, relevant facts, he said: “the context of the elections are different, that a Covid pandemic is going on, that people reach different conclusions about the administration, that Biden and Clinton are different candidates.”By the same logic and formula, if Mr. Trump had received an equal number of votes in 2020 as he did in 2016, there is also a one in a quadrillion chance that Mr. Trump in 2020 would outperform his totals in 2016, said Stephen C. Preston, a professor of mathematics at Brooklyn College. “But that doesn’t prove Trump cheated, it just shows that the numbers are different,” he said. “It’s like finding a low probability that 2 equals 3.”Mr. Cicchetti also wrote that votes counted earlier in the process and votes counted later favored different candidates, and that there was “a one in many more quadrillions chance” that votes counted in the two time periods were coming from the same groups of voters.But that is exactly what was expected to happen: Democrats tended to prefer voting by mail, and those ballots were counted later in the four battleground states, while Republicans tended to prefer voting in person on Election Day, and those ballots were counted earlier.“The order and tempo of vote counting was unlike previous elections,” said Amel Ahmed, a professor of political science at the University of Massachusetts Amherst.What Mr. Cicchetti wrote was not especially revelatory, experts agreed.“The model is silly,” said Philip Stark, a professor of statistics at the University of California at Berkeley. “This is not science or statistics. It’s not even a good cartoon of elections.”Texas’ attorney general is caught up in scandal.Though the legal reasoning of Mr. Paxton’s case may be novel, the impulse behind it is not. It was just the latest example of a Trump loyalist using the power of public office to come to the aid of a president whose base of support remains deeply attached to him and overwhelmingly says the election was unfair, according to polls.Mr. Paxton, 57, has been under a cloud of scandal since October, when seven of his senior staff attorneys accused their boss of bribery, misuse of his office and other wrongdoing. Their allegations, which Mr. Paxton has denied, involve a wealthy developer and political donor, Nate Paul, whose home and offices were raided by federal agents in August.The aides accused Mr. Paxton of “potential criminal offenses,” including assisting in Mr. Paul’s defense and intervening in the developer’s efforts to get a favorable judgment in a legal battle between his properties and a nonprofit.First elected in 2014, Mr. Paxton has served much of his term under a still-unresolved securities fraud indictment stemming from events that took place before he took office. The indictment accuses Mr. Paxton of selling technology shares to investors in 2011 without disclosing that he received 100,000 shares of stock as compensation, and of failing to register with securities regulators.Mr. Paxton has nevertheless maintained a high national profile — and the affection of conservatives — with his relentless efforts to dismantle policies of the Obama era and shoulder the Trump administration’s causes.AdvertisementContinue reading the main story More