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    New Trump Cases Shadowed by Rocky Relationship With Supreme Court

    Though he appointed three justices, his administration had the worst track record before the justices since at least the 1930s.“I’m not happy with the Supreme Court,” President Donald J. Trump said on Jan. 6, 2021. “They love to rule against me.”His assessment of the court, in a speech delivered outside the White House urging his supporters to march on the Capitol, had a substantial element of truth in it.Other parts of the speech were laced with fury and lies, and the Colorado Supreme Court cited some of those passages on Tuesday as evidence that Mr. Trump has engaged in insurrection and was ineligible to hold office again.But Mr. Trump’s reflections on the U.S. Supreme Court in the speech, freighted with grievance and accusations of disloyalty, captured not only his perspective but also an inescapable reality. A fundamentally conservative court, with a six-justice majority of Republican appointees that includes three named by Mr. Trump himself, has not been particularly receptive to his arguments.Indeed, the Trump administration had the worst Supreme Court record of any since at least the Roosevelt administration, according to data developed by Lee Epstein and Rebecca L. Brown, law professors at the University of Southern California, for an article in Presidential Studies Quarterly.“Whether Trump’s poor performance speaks to the court’s view of him and his administration or to the justices’ increasing willingness to check executive authority, we can’t say,” the two professors wrote in an email. “Either way, though, the data suggest a bumpy road for Trump in cases implicating presidential power.”Now another series of Trump cases are at the court or on its threshold: one on whether he enjoys absolute immunity from prosecution, another on the viability of a central charge in the federal election-interference case and the third, from Colorado, on whether he was barred from another term under the 14th Amendment.The cases pose distinct legal questions, but earlier decisions suggest they could divide the court’s conservative wing along a surprising fault line: Mr. Trump’s appointees have been less likely to vote for him in some politically charged cases than Justice Clarence Thomas, who was appointed by the first President Bush, and Justice Samuel A. Alito Jr., who was appointed by the second one.In his speech at the Ellipse on Jan. 6, Mr. Trump spoke ruefully about his three appointees: Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett, suggesting that they had betrayed him to establish their independence.“I picked three people,” he said. “I fought like hell for them.”In a speech at the Ellipse on Jan. 6, 2021, Mr. Trump spoke ruefully about his three appointees and suggested that they had betrayed him to establish their independence.Pete Marovich for The New York TimesMr. Trump said his nominees had abandoned him, blaming his losses on the justices’ eagerness to participate in Washington social life and to assert their independence from the charge that “they’re my puppets.”He added: “And now the only way they can get out of that because they hate that it’s not good in the social circuit. And the only way they get out is to rule against Trump. So let’s rule against Trump. And they do that.”Mr. Trump has criticized Chief Justice John G. Roberts Jr. on similar grounds. When the chief justice cast the decisive vote to save the Affordable Care Act in 2012, Mr. Trump wrote on Twitter that “I guess @JusticeRoberts wanted to be a part of Georgetown society more than anyone knew,” citing a fake handle. During his presidential campaign, Mr. Trump called the chief justice “an absolute disaster.”When he spoke on Jan. 6, Mr. Trump was probably thinking of the stinging loss the Supreme Court had just handed him weeks before, rejecting a lawsuit by Texas that had asked the court to throw out the election results in four battleground states.Before the ruling, Mr. Trump said he expected to prevail in the Supreme Court, after rushing Justice Barrett onto the court in October 2020 in part in the hope that she would vote in Mr. Trump’s favor in election disputes.“I think this will end up in the Supreme Court,” Mr. Trump said of the election a few days after Justice Ruth Bader Ginsburg’s death that September. “And I think it’s very important that we have nine justices.”After the ruling, Mr. Trump weighed in on Twitter. “The Supreme Court really let us down,” he said. “No Wisdom, No Courage!”The ruling in the Texas case was not quite unanimous. Justice Alito, joined by Justice Thomas, issued a brief statement on a technical point.Those same two justices were the only dissenters in a pair of cases in 2020 on access to Mr. Trump’s tax and business records, which had been sought by a New York prosecutor and a House committee.The general trend continued after Mr. Trump left office. In 2022, the court refused to block the release of White House records concerning the Jan. 6 attack on the Capitol, effectively rejecting Mr. Trump’s claim of executive privilege. The court’s order let stand an appeals court ruling that Mr. Trump’s desire to maintain the confidentiality of internal White House communications was outweighed by the need for a full accounting of the attack and the disruption of the certification of the 2020 electoral count.Only Justice Thomas noted a dissent. His participation in the case, despite his wife Virginia Thomas’s own efforts to overturn the election, drew harsh criticism.Mr. Trump’s rocky record at the court offers only hints about how the justices will approach the cases already before them and on the horizon. His claim of absolute immunity appears vulnerable, based on other decisions from the court on the scope of presidential power.The case examining one of the federal statutes relied on by the special counsel in the federal election-interference case, which makes it a crime to corruptly obstruct an official proceeding, does not directly involve Mr. Trump, though the court’s ruling could undermine two of the charges against him.Mr. Trump’s rocky record at the court offers only hints about how the justices will approach the cases already before them and on the horizon.Erin Schaff/The New York TimesThe justices have been skeptical of broad interpretations of federal criminal laws, and the arguments in the case will doubtless involve close parsing of the statute’s text.The case that is hardest to assess is the one from Colorado, involving as it does a host of novel questions about the meaning of an almost entirely untested clause of the 14th Amendment, one that could bar Mr. Trump from the presidency. The case is not yet at the Supreme Court, but it is almost certain to arrive in the coming days.Guy-Uriel E. Charles, a law professor at Harvard, said the justices would have to act.“The Supreme Court is a contested entity, but it is the only institution that can weigh in and try to address this problem, which needs a national resolution,” he said. “There has been some loss of faith in the court, but even people who are deeply antagonistic to it believe it needs to step in.” More

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    Jan. 6 Transcripts Reveal Disagreements That Divided Trump Camp

    Interviews revealed that people in President Donald J. Trump’s orbit had very different views on seizing voting machines, the Proud Boys and each other’s roles.The House committee investigating the Jan. 6 attack on the Capitol on Friday released more than 40 additional transcripts of its interviews, bringing the total number of transcripts published to more than 160.So far, the transcripts have added details to the public’s understanding of how police intelligence failures contributed to the Capitol attack, how former President Donald J. Trump considered “blanket pardons” for those charged, and how Trump-aligned lawyers allegedly tried to steer witness testimony.The committee is rushing to publish more interviews before Jan. 3, when Republicans will take control of the House. Though the committee conducted more than 1,000 interviews, many of them were informal; only a few hundred were transcribed sessions.Here are some takeaways from the thousands of pages released this week.Giuliani thought seizing voting machines could be an impeachable offense.At a chaotic meeting in the Oval Office in December 2020, outside advisers urged Mr. Trump to use the military to seize voting machines in a bid to rerun the election.That was too much for even Rudolph W. Giuliani, Mr. Trump’s personal lawyer who had encouraged baseless election fraud claims but told Mr. Trump that the plan could be impeachable behavior.“This may be the only thing that I know of that you ever did that could merit impeachment,” Mr. Giuliani recalled telling the president.In his interview with the committee, Mr. Giuliani refused to discuss his role in many aspects of the effort to overturn the 2020 election, though he said he had rejected Mr. Trump’s idea of granting him a pardon.“The president asked me what I thought of it,” he said of the pardon. “And I said I thought it would be a terrible mistake for him.”Mr. Giuliani was less forthcoming when asked if Mr. Trump had ever thought of pardoning himself. “That would be privileged, actually, if he raised that with me,” he said.The Secret Service was concerned about the Proud Boys leader’s White House visit.On Dec. 12, 2020, hours before hundreds of members of his far-right group took part in a pro-Trump protest, Enrique Tarrio, the leader of the Proud Boys, posted a photo of the White House steps on social media.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.“Last minute invite to an undisclosed location,” Mr. Tarrio wrote on Parler, a right-wing social media app.Newly released emails and testimony suggest that some Secret Service agents were concerned about how a prominent far-right extremist had so easily gained access to the White House.Committee investigators later determined that the White House visit had been a public event that was likely arranged by a friend of Mr. Tarrio, Bianca Gracia, the founder of a group called Latinos for Trump.In an email obtained by the committee, Ron Rowe, the chief of staff to the Secret Service’s director, asked Bobby Engel, a Secret Service agent: “Can we get some specifics on who submitted him for the tour? Why didn’t we pick up on his role/membership in the Proud Boys?”Anthony Ornato, a former Secret Service agent who was Mr. Trump’s deputy chief of staff for operations, told the panel that he did not recall if he knew who the Proud Boys were at the time of Mr. Tarrio’s visit. The group’s name notably came up during a 2020 presidential debate.Mr. Tarrio is one of five members of the Proud Boys who are now on trial in Washington, where they are facing charges of seditious conspiracy. Opening arguments are expected to begin next month.Virginia Thomas, the wife of Justice Clarence Thomas, denied that she had discussed her political activities with her husband.Manuel Balce Ceneta/Associated PressVirginia ‘Ginni’ Thomas tried to play down her role in contesting the election.In a wide-ranging interview, Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas who is known as Ginni, sought to play down her role in attempts to challenge election results.Ms. Thomas acknowledged that she had exchanged text messages after the election with Mark Meadows, Mr. Trump’s chief of staff, in which she recommended that he support Sidney Powell, a pro-Trump lawyer who was pushing false accusations that foreign governments had hacked into the country’s voting machines.Ms. Thomas denied that she had discussed her activities with her husband. But she did acknowledge that she had been referring to Justice Thomas as her “best friend” in texts with Mr. Meadows, in which she said a talk with her “best friend” had cheered her up while she was distraught over Mr. Trump’s loss.“My husband often administers spousal support to the wife that’s upset,” she told investigators.Ms. Thomas also acknowledged taking part in a project called FreeRoots that had sent mass emails to state lawmakers in key swing states saying they had “power to decide if there were problems in their election.”In a tense exchange with Representative Liz Cheney, Republican of Wyoming and vice chairwoman of the panel, Ms. Thomas said that she still believed that the election had been marred by fraud. When questioned further, Ms. Thomas could not come up with any specific instances of fraud.C.I.A. staff had a ‘suicide pact’ to resign if Trump fired the director.New details also arose this week about plans to replace the director of the Central Intelligence Agency with a Trump loyalist in the final stages of the administration. The committee received testimony about a mass resignation plan at the C.I.A. in opposition to Mr. Trump’s attempt to replace Gina Haspel as director with Kashyap P. Patel, a lawyer and staunch supporter of the president.According to Alyssa Farah Griffin, the former White House communications director, Ms. Haspel had a “suicide pact” in place, in which the entire intelligence community would resign if she were removed from her post.“Allegedly, for about 14 minutes, Kash was actually the C.I.A. director,” Ms. Griffin said.Trump’s White House was marked by constant infighting.One theme throughout the transcripts is the intense infighting that was a constant feature of the Trump White House. Lawyers fought with lawyers. Communications staff fought among themselves. The president berated aides of all ranks.Some examples: Ms. Griffin provided a scathing assessment of Kayleigh McEnany, the former White House press secretary: “I am a Christian woman, so I will say this. Kayleigh is a liar and an — She’s a opportunist.”The Trump adviser Jason Miller told investigators he was “pissed off” when he learned that Cleta Mitchell, a longtime conservative lawyer, listed his name as the official to contact on a document she circulated denying that President Biden had won the election. “I called Cleta and said, ‘What the hell?’” Mr. Miller said. “And she said, ‘Yeah, you guys weren’t moving fast enough, so I just put your name on it and sent it out.’”Trump didn’t want to do ‘a big PR push’ for a Capitol Police officer who died after Jan. 6.The transcripts also show the conditional nature of the former president’s support for law enforcement. Mr. Trump agreed at the urging of his staff to lower the flag over the White House to honor a Capitol Police officer who died after Jan. 6, but “was adamant that we not do a press release or a big PR push,” Mr. Miller wrote in a text message.“We want to make it clear nobody is a stronger supporter of law enforcement than President Trump but we don’t want to blast it out,” Mr. Miller wrote.A furniture executive bankrolled private jets for Trump’s circle.Testimony released Friday detailed how Patrick Byrne, a former chief executive of the furniture retail company Overstock, took on the role of a financier who chartered private jets for people in Mr. Trump’s circle as they fought election results.Trips included bringing Trump supporters and members of the Proud Boys to attend rallies in Washington before Jan. 6, taking lawyers and cyberexperts to investigate voting machines and transporting people who signed affidavits about election fraud.Mr. Byrne also attended a White House meeting in which participants urged Mr. Trump to seize voting machines. In his deposition, Mr. Byrne said he had called for the meeting and asked the president to “put us in, coach.”Senator Mike Lee initially supported Mr. Trump, but ultimately voted to certify the election for Mr. Biden.Sarahbeth Maney/The New York TimesIn one telling, the fake electors scheme originated from a senator.According to Ms. Mitchell, Senator Mike Lee, Republican of Utah, came up with the idea to submit alternate electors to cast their ballots for the former president instead of Mr. Biden.“It was actually Mike Lee’s idea,” she told investigators.Mr. Lee has said he was eager to fight alongside Mr. Trump, but backed off when evidence of a stolen election did not appear. Mr. Lee ultimately voted to certify the election for Mr. Biden. More

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    America Has a Ginni Thomas Problem

    Clarence and Virginia (Ginni) Thomas don’t discuss their dueling efforts to destroy our democracy when they come home from a day of wreaking havoc.That’s what Ms. Thomas, a conservative activist and an adherent to the lie that Donald Trump won the last election, wants us to believe. That’s essentially what she told the House committee investigating the Jan. 6 attack on the Capitol when it interviewed her last week.I don’t believe that any more than I believe Trump can declassify documents with his mind.Why does this matter? Because Ms. Thomas pressed the White House and various state legislators to overturn the 2020 election, and her husband has refused to recuse himself from election-related cases. In fact, Justice Thomas was the Supreme Court’s lone dissent when it rejected Trump’s efforts to withhold documents from the Jan. 6 committee.In March, The National Law Journal spoke with several experts who agreed that Justice Thomas should have recused himself from the case. One called his refusal to do so “arguably unprecedented.”Ms. Thomas didn’t just encourage people to overturn the election; she was at the Stop the Steal rally from which the insurrection sprang on Jan. 6, although she told The Washington Free Beacon that she returned home before Trump took the stage.In other words, Ms. Thomas is a one-woman constitutional crisis.According to The New York Times, during her testimony before the committee, Ms. Thomas repeated her assertion that the 2020 election was stolen from Trump. That is a lie. She knows it, and we know it.Because she is repeating this lie, I can’t believe anything she says without proof. Therefore, her claim that she never discussed her election subversion activities with her husband rings hollow.Did she also not share with him her seemingly deranged Facebook posts framing the teenage survivors of the Parkland shooting as “dangerous to the survival of our nation” or espousing the conspiracy theory that Barack Obama and Hillary Clinton wiretapped Trump?Is the Thomas household just silent, filled only with the hum of grievance and betrayal? Or do these spend their time talking in trivialities, reminiscing about their polar opposite upbringings — him born in the predominately Black, Gullah community of Pin Point, Ga., her born in predominantly white Omaha, Neb., which at the time was facing its own racial tensions?Maybe they share maleficent chuckles recalling how he rebuffed questions at his confirmation hearing in 1991 over the allegations that he sexually harassed Anita Hill, calling it, absurdly, a “high-tech lynching,” or how Ms. Thomas in 2010 left a voice mail message for Hill, demanding that she apologize to her husband.According to The Times, the message was: “Good morning, Anita Hill. It’s Ginni Thomas. I just wanted to reach across the airwaves and the years and ask you to consider something. I would love you to consider an apology sometime and some full explanation of why you did what you did with my husband.”What?! Ma’am, if you don’t stop playing on that lady’s phone!The ask was brazen. It was disrespectful. It was delusional. But that’s Ginni Thomas.Sure, maybe the woman with the audacity to call her husband’s accuser and ask that person to apologize to the man she says abused her is too bashful at home to raise her most recent antics with her husband. But it seems unlikely; for years, journalists have documented how close and forthright Justice and Ms. Thomas are with each other. As early as 1991, the year he was confirmed, one of his longtime friends, Evan Kemp, told The Washington Post that she was the one person he really listened to.In the same article, one of Ms. Thomas’s aunts is quoted as saying Justice Thomas “was so nice, we forgot he was Black.” She added, “And he treated her so well, all of his other qualities made up for his being Black.”Can you imagine? How must it feel to marry into a family where people think of your Blackness as a weight on the wrong side of the scales and you have to achieve at the highest level to balance it out? Of course, Justice Thomas may not object to that characterization. But he and his wife may still spend their quiet time unpacking it.Ms. Thomas is not a minor player and outside agitator. She is connected and influential. According to The Times, she led a group of hard-right activists in a White House meeting with Trump where “members of the group denounced transgender people and women serving in the military.”According to the paper, one of the people the group asked to have at the meeting was an assistant Ms. Thomas hired after the conservative group Turning Point USA fired the person for texting a colleague, “I hate Black people.”Since Ms. Thomas is married to a Black man, I can’t make any of that make sense. Maybe, like her aunt, she forgot Justice Thomas was Black.But the major issue remains: The wife of a Supreme Court justice has been actively engaged in trying to overturn an election, and the justice won’t recuse himself from any cases related to that issue. They are Mr. and Mrs. Mutiny.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 and Twitter (@NYTopinion), and Instagram. More

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    Ginni Thomas Repeats False 2020 Election Claim in Jan. 6 Interview

    In a closed-door interview with the House committee investigating the Jan. 6 attack, Ms. Thomas reiterated her false assertion that the 2020 election was stolen from President Donald J. Trump.WASHINGTON — Virginia Thomas, the wife of Justice Clarence Thomas and a conservative activist who pushed to overturn the 2020 election, told the House committee investigating the Jan. 6 attack on the Capitol that she never discussed those efforts with her husband, during a closed-door interview in which she continued to perpetuate the false claim that the election was stolen.Leaving the interview, which took place at an office building near the Capitol and lasted about four hours, Ms. Thomas smiled in response to reporters’ questions, but declined to answer any publicly.She did, however, answer questions behind closed doors, said Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, who added that her testimony could be included in an upcoming hearing.“If there’s something of merit, it will be,” he said.During her interview, Ms. Thomas, who goes by Ginni, repeated her assertion that the 2020 election was stolen from President Donald J. Trump, Mr. Thompson said, a belief she insisted upon in late 2020 as she pressured state legislators and the White House chief of staff to do more to try to invalidate the results.In a statement she read at the beginning of her testimony, Ms. Thomas denied having discussed her postelection activities with her husband.In her statement, a copy of which was obtained by The New York Times, Ms. Thomas called it “an ironclad rule” that she and Justice Thomas never speak about cases pending before the Supreme Court. “It is laughable for anyone who knows my husband to think I could influence his jurisprudence — the man is independent and stubborn, with strong character traits of independence and integrity,” she added.The interview ended months of negotiations between the committee and Ms. Thomas over her testimony. The committee’s investigators had grown particularly interested in her communications with John Eastman, the conservative lawyer who was in close contact with Mr. Trump and wrote a memo that Democrats and anti-Trump Republicans have likened to a blueprint for a coup.“At this point, we’re glad she came,” Mr. Thompson said.After Ms. Thomas’s appearance on Thursday, her lawyer Mark Paoletta said she had been “happy to cooperate with the committee to clear up the misconceptions about her activities surrounding the 2020 elections.”“She answered all the committee’s questions,” Mr. Paoletta said in a statement. “As she has said from the outset, Mrs. Thomas had significant concerns about fraud and irregularities in the 2020 election. And, as she told the committee, her minimal and mainstream activity focused on ensuring that reports of fraud and irregularities were investigated. Beyond that, she played no role in any events after the 2020 election results. As she wrote in a text to Mark Meadows at the time, she also condemned the violence on Jan. 6, as she abhors violence on any side of the aisle.”A spokesman for the committee declined to comment.Ms. Thomas exchanged text messages with Mr. Meadows, the White House chief of staff, in which she urged him to challenge Joseph R. Biden Jr.’s victory in the 2020 election, which she called a “heist,” and indicated that she had reached out to Jared Kushner, the president’s son-in-law, about Mr. Trump’s efforts to use the courts to keep himself in power. She even suggested the lawyer who should be put in charge of that effort..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Ms. Thomas also pressed lawmakers in several states to fight the results of the election.But it was Ms. Thomas’s interactions with Mr. Eastman, a conservative lawyer who pushed Vice President Mike Pence to block or delay the certification of Electoral College votes on Jan. 6, 2021, that have most interested investigators.“She’s a witness,” Mr. Thompson said Thursday. “We didn’t accuse her of anything.”The panel obtained at least one email between Ms. Thomas and Mr. Eastman after a federal judge ordered Mr. Eastman to turn over documents to the panel from the period after the November 2020 election when he was meeting with conservative groups to discuss fighting the election results.That same judge has said it is “more likely than not” that Mr. Trump and Mr. Eastman committed two felonies as part of the effort, including conspiracy to defraud the American people.Mr. Paoletta has argued that the communications between Ms. Thomas and Mr. Eastman contain little of value to the panel’s investigation.Ms. Thomas’s cooperation comes as the Jan. 6 committee is entering its final months of work after a summer of high-profile hearings and preparing an extensive report, which is expected to include recommendations for how to confront the threats to democracy highlighted by the riot and Mr. Trump’s drive to overturn the election.The interview came just days after the panel abruptly postponed a hearing scheduled for Wednesday, citing the hurricane bearing down on Florida. The hearing has yet to be rescheduled.Representative Jamie Raskin, Democrat of Maryland and a member of the committee, said Ms. Thomas’s interview showed that “people continue to cooperate with the committee and understand the importance of our investigation.”The panel has interviewed more than 1,000 witnesses and has received hundreds of thousands of documents and more than 10,000 submissions to its tip line since June.“There’s a lot more information coming in all the time,” Mr. Raskin said.He said the committee members have viewed thousands of hours’ worth of video images and tape but want to be “disciplined” about how they present them in the next hearing.“There are certain people who are going to denounce whatever we do, no matter what,” he said. “We just want to be able to complete the narrative and then deliver our recommendations about what needs to be done in order to insulate American democracy against coups, insurrection, political violence and electoral sabotage in the future.”Maggie Haberman More

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    The Eagerness of Ginni Thomas

    Ginni Thomas has become a problem.You don’t have to be a left-wing, anti-Trump minion of the deep state to think it’s a bad look for American democracy to have the wife of a Supreme Court justice implicated in a multitentacled scheme to overturn a free and fair presidential election. But that is where this political moment finds us.A longtime conservative crusader, Ms. Thomas increasingly appears to have been chin deep in the push to keep Donald Trump in power by any means necessary. Her insurrection-tinged activities included hectoring everyone from state lawmakers to the White House chief of staff to contest the results. She also swapped emails with John Eastman, the legal brains behind a baroque plot to have Vice President Mike Pence overturn the election that may have crossed the line from sketchy into straight-up illegal. Along the way, Ms. Thomas peddled a cornucopia of batty conspiracy theories, including QAnon gibberish about watermarked ballots in Arizona.Even by the standards of the Trumpified Republican Party, this is a shameful turn of events. And after extended negotiations, Ms. Thomas has finally agreed to voluntarily testify soon before the Jan. 6 House committee. Her lawyer has declared her “eager” to “clear up any misconceptions about her work relating to the 2020 election.”No doubt we’re all looking forward to her clarifications. But many people would be even more eager to have a bigger question addressed: How is it that someone with such evident contempt for democracy, not to mention a shaky grip on reality, has run amok for so long at the highest levels of politics and government?The most obvious answer is that Ms. Thomas is married to a very important man. And Washington is a town that has long had to contend, and generally make peace, with the embarrassing or controversial spouses and close kin of its top power players (Martha Mitchell, Billy Carter, Ivanka and Jared…).But even within this context, Ms. Thomas has distinguished herself with the aggressiveness and shamelessness of her political activities, which she pursues with total disregard for the conflicts of interest that they appear to pose with her husband’s role as an unbiased, dispassionate interpreter of the law.In another era, this might have prompted more pushback, for any number of reasons. But Ms. Thomas has benefited from a couple of cultural and political shifts that she has shrewdly exploited. One touches on the evolving role of power couples and political spouses. The other, more disturbing, is the descent of the Republican Party down the grievance-driven, conspiracy-minded, detached-from-reality rabbit hole.If most of America has come around to two-income households, Washington is overrun with bona fide power couples and has fashioned its own set of rules, official and unofficial, for dealing with them. Among these: It is bad form to suggest that a spouse should defer to his or her partner’s career, other than when explicitly required, of course. (A notable exception is the presidency, in which case the first lady is in many ways treated as if it were still 1960.) Though plenty of folks discuss it sotto voce, publicly musing that a couple’s work life might bleed into their home life is considered insulting — even sexist, if the spouse being scrutinized is a woman.The Thomases have been playing this card for years. Ms. Thomas has forged all sorts of ties with individuals and groups with interests before her husband and his colleagues. In the chaotic aftermath of the 2000 presidential election, she was helping the conservative Heritage Foundation identify appointees for a new Republican administration, even as her husband was deliberating over the outcome of the race. When people grumble about perceived conflicts — or Ms. Thomas’s perpetual political crusading in general — the couple and their defenders complain that they are being held to different standards from others. They are adamant that of course the Thomases can stay in their respective lanes.With a slightly different spin of the wheel, Ms. Thomas might have wound up a public figure in her own right, out picking fights and spreading chaos in the mold of Representatives Marjorie Taylor Greene and Lauren Boebert. Back in 1986, as a young lawyer fighting against policies like maternity leave and comparable worth, she was named one of “28 young women of promise” by Good Housekeeping. At the time, she expressed a desire to run for Congress. But the next year she married Clarence, and his subsequent appointment to the Supreme Court scrambled her trajectory. “I’m kind of stuck here,” she told The Wall Street Journal in 1997, when asked about her youthful congressional dreams.Instead, Ms. Thomas has for decades operated in a kind of gray zone: Her professional identity and influence are not wholly defined by her husband, but they are inextricably bound up in his importance. She has endeavored to make the most of a tricky situation. And without question, she has been helped by — and she has capitalized on — the shift in her party toward its right wing. For Ginni Thomas could not be Ginni Thomas without the mainstreaming of conspiracy culture and heavy-duty grievancemongering in the G.O.P.Ms. Thomas has long been one to get swept up in the passion of causes and movements. In her early years in Washington, she joined the Lifespring self-help craze, which many people criticized as a cult. She eventually extracted herself from the group and went on to become an anti-cult activist.During the Obama era, she threw herself into the Tea Party revolution with gusto, cultivating connections and credibility with the party’s angry populist wing. When Mr. Trump came to power, she threw herself even harder into the MAGAverse — which is more a cult of personality than a political movement.Ms. Thomas goes in for sharp-edge partisanship and evil-libs-are-destroying-America demagogy. Finding so many like-minded warriors in Mr. Trump’s Republican Party freed her up to really let her freak flag fly.During his presidency, she would approach administration officials about people she thought should be fired or hired. She would occasionally pop in to visit with Mr. Trump at the White House. For one formal sit-down, she brought along a bunch of her conservative allies for what inexplicably morphed into part gripe fest — with attacks on everyone from transgender people to Republican congressional leaders to members of Mr. Trump’s administration — and part quasi-prayer session.Much like Mr. Trump, she took to social media with a vengeance, pushing out lib-bashing memes and other partisan red meat. Her efforts to meddle in the 2020 election were merely the high point — or, rather, low point — in a long and tireless career of crusading.Not that Ms. Thomas’s work is finished. The MAGAfied Republican Party is one in which her most outrageous views and behavior are ever more at home. This does not seem to trouble her extremely powerful husband or much of her party — at least not enough for anyone to seriously consider holding her accountable. Given all this, the most disturbing question we really should be looking to clarify may be: What on earth will she get up to next?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    House Jan. 6 Panel Faces Key Decisions as It Wraps Up Work

    The committee investigating what led to the Jan. 6 attack on the Capitol will hold its first hearing since July on Wednesday, entering the final stage of its inquiry.WASHINGTON — A day before resuming its televised hearings and with only months remaining before it closes up shop, the House Jan. 6 committee is wrangling over how best to complete its work, with key decisions yet to be made on issues that could help shape its legacy.The panel, whose public hearings this summer exposed substantial new details about former President Donald J. Trump’s efforts to reverse the outcome of the 2020 election, must still decide whether to issue subpoenas to Mr. Trump and former Vice President Mike Pence.It has yet to settle on whether to enforce subpoenas issued to Republican members of Congress who have refused to cooperate with the inquiry, or what legislative recommendations to make. It must still grapple with when to turn its files over to the Justice Department, how to finish what it hopes will be a comprehensive written report and whether to make criminal referrals. It cannot even agree on whether Wednesday’s hearing will be its last.The panel has not disclosed the topics it intends to cover in the 1 p.m. hearing, its first since July. But it is still working to break new ground with its investigation.It recently had a breakthrough when Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, agreed to a voluntary interview about her role in seeking to keep Mr. Trump in office. That interview is expected to take place within weeks.The committee also issued a subpoena to Robin Vos, the Republican House speaker in Wisconsin whom Mr. Trump tried to pressure as recently as July to overturn the 2020 election, suggesting that the panel tracked Mr. Trump’s activities long after the Jan. 6, 2021, attack on the Capitol and his departure from office two weeks later. (Mr. Vos has sued to try to block the committee’s subpoena.)“Our hearings have demonstrated the essential culpability of Donald Trump, and we will complete that story,” said Representative Jamie Raskin, Democrat of Maryland and a member of the committee.But the committee has debated whether and how to highlight certain information related to the Jan. 6 attack. For instance, some members and staff have wanted to hold a hearing to highlight the panel’s extensive work investigating the law enforcement failures related to the assault, but others have argued that doing so would take attention off Mr. Trump.And it has struggled in recent weeks with staff departures and is facing public criticism from a former aide, Denver Riggleman, who says it has not been aggressive enough in pursuing connections between the White House and the rioters.The final stages of its planned 18 months of work are playing out against a shifting political climate. Polls suggest that Democrats could lose control of the House in November’s midterm elections. Mr. Trump is showing every intention of seeking the presidency again, and the committee’s Republican vice chairwoman, Representative Liz Cheney of Wyoming, who lost her primary in August, appears to be positioning herself as the party’s anti-Trump White House candidate for 2024, with the panel’s conclusions as part of her platform.Ms. Cheney on Saturday seemed to contradict other committee members by describing this week’s hearing as unlikely to be the last. Other members, including the committee’s chairman, have said it would likely be their final presentation.With that backdrop, Wednesday’s hearing could be seen as the first step in the closing stages of the committee’s work.“What they have to do is strategic,” said Norman L. Eisen, who was special counsel to the House Judiciary Committee from 2019 to 2020, including for the first impeachment and trial of Mr. Trump. “The first part of the end game is to close the deal with the American people.”The panel set high expectations for itself by revolutionizing what a congressional hearing could look like. Preparing for the hearing on Wednesday has consumed the committee’s focus in recent weeks..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-ok2gjs{font-size:17px;font-weight:300;line-height:25px;}.css-ok2gjs a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.“They’ve pretty uniformly met and exceeded expectations,” Mr. Eisen said. “And when you’ve done that eight times, that suggests that you know what you’re doing. I suspect part of the reason that they took a lengthy hiatus — and by all reports worked very hard over the summer — was to be able to come back in September with a bang.”To some degree, the committee is now competing for attention with other investigations into Mr. Trump and his allies. The New York attorney general has filed a sweeping fraud suit against Mr. Trump and his family. Prosecutors in Georgia are conducting grand jury interviews about efforts to overturn Mr. Trump’s loss there. And the Justice Department is now conducting criminal inquiries into both the events that led to the Jan. 6 attack and Mr. Trump’s handling of classified documents he took with him upon leaving the White House.To help with its end game, the panel has quietly rehired John Wood, a former federal prosecutor who is close to Ms. Cheney. Before he left the panel for a brief, unsuccessful run for U.S. Senate in Missouri, Mr. Wood led the committee’s “Gold Team,” which investigated Mr. Trump and his inner circle.It has also expanded its number of staff members from about 50 up to 57, according to Congress’s latest financial data, and has spent about $5.3 million over its first year in existence.But at the same time, the committee has had five staff members put in resignation notices in recent weeks. Among them is Amanda Wick, a former federal prosecutor who was featured in a committee hearing and led the panel’s “Green Team,” which investigated the money trail connected to Jan. 6, including political donations and the funding of the rallies that preceded the violence.The hearing on Wednesday is expected to feature new video of the Jan. 6 attack and also new clips of some of the committee’s hundreds of interviews with witnesses.Representative Zoe Lofgren, Democrat of California, said the panel would focus some of its energy on ongoing threats to democracy, such as 2020 election deniers gaining power over election systems.“We have found additional information,” Ms. Lofgren said. “We worked throughout the summer.”The panel’s investigators pursued a number of topics this summer, traveling to Copenhagen, for example, to review footage shot by a documentary film crew of the political operative and Trump confidant Roger J. Stone Jr. Committee members have hinted that some of that material could turn up in Wednesday’s hearing.They held closed-door interviews with senior Trump administration officials in an effort to uncover more about the period between Jan. 6, 2021, when a mob of Mr. Trump’s supporters attacked Congress, and Jan. 20, when President Biden was sworn in, including talks about invoking the 25th Amendment to remove Mr. Trump from office.The panel at one point considered inviting generals who worked for Mr. Trump to deliver firsthand accounts of his behavior. (The idea has not moved forward.)Representative Bennie Thompson, Democrat of Mississippi and the chairman of the committee, said the panel recently received a trove of documents from the Secret Service in response to a subpoena it issued after the news that agents’ text messages from Jan. 5 and Jan. 6, 2021, had been lost.A spokesman for the agency said the Secret Service provided a “significant level of detail from emails, radio transmissions, Microsoft Teams chat messages and exhibits that address aspects of planning, operations and communications surrounding January 6th.” But the spokesman said the documents did not include any additional text messages, such as those sought by the committee that were erased during an upgrade of phones.Members of the committee had originally seen their investigation, and the possibility of a criminal referral, as a way of putting pressure on the Justice Department to pursue a criminal case. But with federal prosecutors now investigating elements of Mr. Trump’s efforts to retain power despite losing at the ballot box, the House committee is considering a new suggestion for the information it uncovered about Mr. Trump and his allies raising money by promoting baseless assertions about election fraud: making a referral to the Federal Election Commission, a largely toothless body that can weigh abuses of campaign finance laws.“F.E.C. would be a good possibility,” Mr. Thompson said. “Obviously we looked seriously at some of the fund-raising that went on around Jan. 6.”Members have also been discussing what legislative recommendations they should make. Last week, to close off the possibility of another president trying to have a vice president block the certification by Congress of the Electoral College results, Ms. Cheney and Ms. Lofgren introduced an overhaul of the Electoral Count Act, which quickly passed the House. (A somewhat different version is awaiting action in the Senate.)Members are also discussing reforms to the Insurrection Act, legislation related to the 14th and 25th amendments and regulation of militia groups. Members also are likely to recommend improvements to Capitol security.Not all the panel’s recommendations have found agreement. Mr. Raskin, for instance, has pushed for recommending the Electoral College be eliminated, but that idea has been met with resistance from Ms. Cheney and others and is unlikely to be included in the final recommendations.Maggie Haberman More

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    Virginia Thomas Agrees to Interview With Jan. 6 Panel

    The committee has sought for months to interview Ms. Thomas, the wife of Justice Clarence Thomas, about her involvement in efforts to overturn the 2020 election.WASHINGTON — Virginia Thomas, the wife of Justice Clarence Thomas and a conservative activist who pushed to overturn the 2020 election, has agreed to sit for an interview with the House committee investigating the Jan. 6 attack on the Capitol.The development could represent a breakthrough for the committee, which for months has sought to interview Ms. Thomas, who goes by Ginni, about her communications with a conservative lawyer in close contact with former President Donald J. Trump.“I can confirm that Ginni Thomas has agreed to participate in a voluntary interview with the committee,” her lawyer, Mark Paoletta, said in a statement. “As she has said from the outset, Mrs. Thomas is eager to answer the committee’s questions to clear up any misconceptions about her work relating to the 2020 election. She looks forward to that opportunity.”Her cooperation was reported earlier by CNN. A spokesman for the committee declined to comment.The committee requested an interview with Ms. Thomas in June, after it emerged that she had exchanged text messages with Mark Meadows, the White House chief of staff, in which she urged on efforts to challenge Joseph R. Biden Jr.’s victory in the 2020 election. She also pressed lawmakers in several states to fight the results of the election.But it was Ms. Thomas’s interactions with John Eastman, a conservative lawyer who pushed Vice President Mike Pence to block or delay the certification of Electoral College votes on Jan. 6, 2021, that has most interested investigators.“We are specifically investigating the activities of President Trump, John Eastman and others as they relate to the Constitution and certain other laws, including the Electoral Count Act, that set out the required process for the election and inauguration of the president,” the committee’s leaders — Representative Bennie Thompson, Democrat of Mississippi, and Representative Liz Cheney, Republican of Wyoming — wrote to Ms. Thomas. “The select committee has obtained evidence that John Eastman worked to develop alternate slates of electors to stop the electoral count on Jan. 6.”The panel obtained at least one email between Ms. Thomas and Mr. Eastman after a federal judge ordered Mr. Eastman to turn over documents to the panel from the period after the November 2020 election when he was meeting with conservative groups to discuss fighting the election results.That same judge has said it is “more likely than not” that Mr. Trump and Mr. Eastman committed two felonies as part of the effort, including conspiracy to defraud the American people.Mr. Paoletta has argued that the communications between Ms. Thomas and Mr. Eastman contain little of value to the panel’s investigation.Ms. Thomas’s cooperation comes as the Jan. 6 committee is entering its final months of work after a summer of high-profile hearings and preparing an extensive report, which is expected to include recommendations for how to confront the threats to democracy highlighted by the riot and Mr. Trump’s drive to overturn the election. Mr. Thompson, the chairman of the panel, said the next and likely final hearing would take place on Sept. 28.“We have substantial footage of what occurred that we haven’t used; we’ve had significant witness testimony that we haven’t used,” Mr. Thompson said in an interview. “This is an opportunity to use some of that material.” More

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    Ginni Thomas Has a Lot of Explaining to Do

    Again and again, during the years that Donald Trump was in the White House, liberals would ask themselves a single question: “Can you imagine if Barack Obama had done this?”“This,” of course, was any one of the antics or misdeeds that marked Trump’s time in office: the lies, the insults, the cruelty and the criminality. Imagine if Obama had gone out of his way to excuse the equivalent of a white supremacist mob; imagine if Obama had gone to the site of a natural disaster and tossed out paper towels like so many footballs; imagine if he had railed against “shithole countries” or tried to pressure a foreign leader into turning over information to undermine his political opponents.Imagine what would have happened if Barack Obama had plotted to subvert and overturn a presidential election that he had lost.Republicans would have lost their minds. Having whipped themselves into a lather over fake scandals and manufactured controversies during the actual Obama administration, they would have exploded into paroxysms of partisan rage over any one of these misdeeds. The Benghazi hearings would have looked like a sober-minded investigation compared with what Republicans would have unleashed if the shoe had been on the other foot.The point of this mental exercise, for liberals, was to highlight the hypocrisy of the Republican Party under Trump. Tucked into this attempt to condemn Republican behavior, however, is an important observation about the value of political theater. All this conservative hysteria did not defeat Barack Obama at the ballot box, but it may have helped to put his party at a disadvantage.The main effect of these years of Republican scandal mongering was to produce a cloud of suspicion and mistrust that helped to undermine Obama’s preferred successor as president, as well as to shield Trump, as the 2016 Republican nominee, from the kind of scrutiny that might have made him more vulnerable.Democrats do not need to mimic Republican behavior in all of its deranged glory, but they would do well to heed the lesson that for many voters, where there is smoke, there must be fire.It is with this knowledge in mind that Democrats in Washington should do something about Ginni Thomas, who has just been asked to testify before the House select committee investigating the attack on the Capitol. The reason is straightforward. Thomas, the wife of Supreme Court Justice Clarence Thomas, worked with allies of Donald Trump to try to overturn the 2020 presidential election. (Thomas quickly let it be known that she was looking “forward to talking to” the committee and couldn’t wait “to clear up misconceptions.”)Earlier this year, we learned that Thomas exchanged text messages with Mark Meadows, the White House chief of staff, in the weeks and days before the Jan. 6 attack on the Capitol. We also learned, last month, that she urged Arizona Republicans to discard the results of the election and choose a “clean slate of Electors” for Trump.And we’ve learned this week from the Jan. 6 committee that Thomas also sent messages directly to John Eastman, the conservative lawyer (and former law clerk for Justice Thomas) who essentially devised the plan to try to overturn the 2020 presidential results.Eastman spoke at the “stop the steal” rally before the attack and even requested a pardon by way of Rudy Giuliani for his activities leading up to the insurrection: “I’ve decided that I should be on the pardon list, if that is still in the works.”“Thomas’s efforts to overturn the election were more extensive than previously known,” The Washington Post reported on Wednesday. Eastman, for his part, claimed to have known of a “heated” dispute among the Supreme Court justices over whether to hear arguments about the 2020 election. “So the odds are not based on the legal merits but an assessment of the justices’ spines, and I understand that there is a heated fight underway,” he is said to have written in an email to another lawyer. (On Thursday, Eastman posted a rebuttal on Substack asserting that he’d heard about the “heated fight” from news reports and that he could “categorically confirm that at no time did I discuss with Mrs. Thomas or Justice Thomas any matters pending or likely to come before the Court.”)But if the first revelation, of Thomas’s correspondence with Meadows, was shocking, then these revelations of Thomas’s contact with Eastman are explosive. And it raises key questions, not just about what Ginni Thomas knew, but about what Clarence Thomas knew as well. How, exactly, did Eastman know of tensions on the court? And why did he predict to Greg Jacobs, chief counsel to Vice President Mike Pence, that the Supreme Court would rule 7-2 in support of his legal theory about the Electoral College certification process before conceding that in fact that might not be the case?So while the committee is rightly seeking testimony from Ginni Thomas, Democrats should say something too. They shouldn’t just say something, they should scream something.Not only did Ginni Thomas try to make herself a part of the effort to overthrow the government, but Justice Thomas was the only member of the court to vote in favor of Donald Trump’s attempt to shield his communications from congressional investigators, communications that would have included the messages between Mark Meadows and Ginni Thomas.There is something suspect happening with the Supreme Court, and other constitutional officers have every right to criticize it. Democratic leaders in Congress should begin an investigation into Ginni Thomas’s activities and announce that they intend to speak to her husband as well. President Biden should tell the press that he supports that investigation and hopes to see answers. Rank-and-file Democrats should make a stink about potential corruption on the court whenever they have the opportunity. Impeachment should be on the table.This probably won’t win votes. It could, however, capture the attention of the media and even put Republicans on the defensive. It is true that politics are unpredictable and that there’s no way to say exactly how a given choice will play out in the real world. But if the much maligned (and politically successful) investigations into Benghazi and Hillary Clinton’s emails are any indication, real pressure might turn additional revelations into genuine liabilities for the Republican Party.The easiest thing for Democrats to do, of course, is nothing — to steer away from open conflict and leave the controversy (and the questions) to the select committee. But if Democrats choose instead to act like a political party should, they would do well to remember that if the tables were turned, their opponents would not hesitate to use every argument, and every tool, at their disposal.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