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      14th Amendment Trump Disqualification Trial Begins in Colorado

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      While some prominent constitutional experts argue that a clause in the amendment applies to former President Donald J. Trump after Jan. 6, that view is far from universal among legal scholars.A courtroom in Denver will host, starting Monday morning, something the nation has never seen: a trial to determine whether a major party’s likely presidential nominee is eligible to be president at all.The lawsuit, filed in September by six Colorado voters with the help of a watchdog group, Citizens for Responsibility and Ethics in Washington, argues that former President Donald J. Trump is ineligible to hold office again under Section 3 of the 14th Amendment. That section disqualifies anyone who “engaged in insurrection or rebellion” against the Constitution after having taken an oath to support it.The plaintiffs say that Mr. Trump’s efforts to overturn the 2020 election — including his actions before and while his supporters stormed the Capitol on Jan. 6, 2021, to try to stop the certification of Joseph R. Biden Jr.’s victory — meet the disqualification criteria.Sarah B. Wallace, the state district court judge presiding over the case, rejected multiple requests from Mr. Trump and from the Colorado Republican State Central Committee in recent weeks to dismiss the case without a trial.Judge Wallace has laid out nine topics to be addressed at the trial, which is scheduled to last all week. They include whether Section 3 of the 14th Amendment applies to presidents; what “engaged” and “insurrection” mean under that section; whether Mr. Trump’s actions fit those definitions; and whether the amendment is “self-executing” — in other words, whether it can be applied without specific action by Congress identifying whom to apply it to.These questions have been debated since the Jan. 6 attack, especially since Mr. Trump announced that he was running for president again, but there is little precedent to help answer them. The 14th Amendment was ratified shortly after the Civil War, and the disqualification clause was originally applied to people who had fought for the Confederacy. The courts have rarely had occasion to assess its modern application, and never in a case of this magnitude.Some prominent constitutional experts — including the conservative law professors William Baude and Michael Stokes Paulsen in an academic article, and the conservative former judge J. Michael Luttig and the liberal law professor Laurence H. Tribe in The Atlantic — have argued that the clause applies to Mr. Trump.But that view is far from universal among legal scholars, and several have told The New York Times over the past few months that the questions are complicated.The court’s list of topics also calls for discussion of Section 3 of the 20th Amendment, which governs what happens if a new president and vice president have not “qualified” by the time they are supposed to take office.The section says, in part, that “Congress may by law provide for the case wherein neither a President-elect nor a Vice President-elect shall have qualified.”Mr. Trump’s lawyers say this means that only Congress can enforce constitutional qualifications for the presidency. Lawyers for the plaintiffs rejected that argument in a brief last week, saying the “plain language” of the amendment — which refers to the “president-elect” — applies only to a person whom has already been elected and has nothing to do with states’ ability to adjudicate candidates’ qualifications.The Colorado lawsuit is one of several efforts around the country to remove Mr. Trump from ballots under the 14th Amendment. Oral arguments in a case in Minnesota are scheduled to begin Thursday, and lawsuits have also been filed in New Hampshire and Michigan. Separately, Democratic legislators in California asked their state’s attorney general last month to seek a court opinion on Mr. Trump’s eligibility.Whatever verdicts come in these cases will not be final. They will almost certainly be appealed by the losing side, and the Supreme Court — which has a 6-3 conservative majority, including three justices appointed by Mr. Trump — is likely to have the final say. More

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      Trump’s Verbal Slips Could Weaken His Attacks on Biden’s Age

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      Donald Trump, 77, has relentlessly attacked President Biden, 80, as too old for office. But the former president himself has had a series of gaffes that go beyond his usual freewheeling style.One of Donald J. Trump’s new comedic bits at his rallies features him impersonating the current commander in chief with an over-the-top caricature mocking President Biden’s age.With droopy eyelids and mouth agape, Mr. Trump stammers and mumbles. He squints. His arms flap. He shuffles his feet and wanders laggardly across the stage. A burst of laughter and applause erupts from the crowd as he feigns confusion by turning and pointing to invisible supporters, as if he does not realize his back is to them.But his recent campaign events have also featured less deliberate stumbles. Mr. Trump has had a string of unforced gaffes, garble and general disjointedness that go beyond his usual discursive nature, and that his Republican rivals are pointing to as signs of his declining performance.On Sunday in Sioux City, Iowa, Mr. Trump wrongly thanked supporters of Sioux Falls, a South Dakota town about 75 miles away, correcting himself only after being pulled aside onstage and informed of the error.It was strikingly similar to a fictional scene that Mr. Trump acted out earlier this month, pretending to be Mr. Biden mistaking Iowa for Idaho and needing an aide to straighten him out.In recent weeks, Mr. Trump has also told supporters not to vote, and claimed to have defeated President Barack Obama in an election. He has praised the collective intellect of an Iranian-backed militant group that has long been an enemy of both Israel and the United States, and repeatedly mispronounced the name of the armed group that rules Gaza.“This is a different Donald Trump than 2015 and ’16 — lost the zip on his fastball,” Gov. Ron DeSantis of Florida told reporters last week while campaigning in New Hampshire.“In 2016, he was freewheeling, he’s out there barnstorming the country,” Mr. DeSantis added. “Now, it’s just a different guy. And it’s sad to see.”It is unclear if Mr. Trump’s recent slips are connected to his age. He has long relied on an unorthodox speaking style that has served as one of his chief political assets, establishing him, improbably, among the most effective communicators in American politics.But as the 2024 race for the White House heats up, Mr. Trump’s increased verbal blunders threaten to undermine one of Republicans’ most potent avenues of attack, and the entire point of his onstage pantomime: the argument that Mr. Biden is too old to be president.Mr. Biden, a grandfather of seven, is 80. Mr. Trump, who has 10 grandchildren, is 77.Even though only a few years separate the two men in their golden years, voters view their vigor differently. Recent polls have found that roughly two out of three voters say Mr. Biden is too old to serve another four-year term, while only about half say the same about Mr. Trump.If that gap starts to narrow, it’s Mr. Trump who has far more to lose in a general-election matchup.Mr. Trump and President Biden are the front-runners for each party’s nomination, setting up the likelihood of a 2020 rematch. Michelle Gustafson for The New York TimesAccording to a previously unreported finding in an August survey from The Associated Press-NORC Center for Public Affairs Research, 43 percent of U.S. voters said both men were “too old to effectively serve another four-year term as president.” Among those voters, 61 percent said they planned to vote for Mr. Biden, compared with 13 percent who said the same about Mr. Trump.Last week, similar findings emerged in a Franklin & Marshall College poll of registered voters in Pennsylvania, one of the most closely watched 2024 battlegrounds.According to the poll, 43 percent of Pennsylvanians said both men were “too old to serve another term.” An analysis of that data for The New York Times showed that Mr. Biden led Mr. Trump among those voters by 66 percent to 11 percent. Among all voters in the state, the two men were in a statistical tie.Berwood Yost, the director of the Franklin & Marshall poll, said that Mr. Biden’s wide lead among voters who were worried about both candidates’ ages could be explained partly by the fact that Democrats are much more likely than Republicans to identify age as a problem for their party’s leader. “The age issue is one that if Trump gets tarred with the same brush as Biden, it really hurts him,” Mr. Yost said.Steven Cheung, a spokesman for the Trump campaign, noted that the former president maintained a commanding lead in Republican primary polls and that in the general election, several recent polls had shown Mr. Trump with slight leads over Mr. Biden.“None of these false narratives has changed the dynamics of the race at all — President Trump still dominates, because people know he’s the strongest candidate,” Mr. Cheung said. “The contrast is that Biden is falling onstage, mumbling his way through a speech, being confused on where to walk, and tripping on the steps of Air Force One. There’s no correcting that, and that will be seared into voter’s minds.”Mr. Trump’s rhetorical skills have long relied on a mix of brute force and a seemingly preternatural instinct for the imprecise. That beguiling combination — honed from a lifetime of real estate negotiations, New York tabloid backbiting and prime-time reality TV stardom — often means that voters hear what they want to hear from him.Mr. Trump’s speaking style has often meant that his supporters, or voters who are open to backing him, hear what they want to hear from him. Jordan Gale for The New York TimesTrump supporters leave his speeches energized. Undecided voters who are open to his message can find what they’re looking for in his pitch. Opponents are riled, and when they furiously accuse him of something they heard but that he didn’t quite precisely say, Mr. Trump turns the criticism into a data point that he’s unfairly persecuted — and the entire cycle begins anew.But Mr. Trump’s latest missteps aren’t easily classified as calculated vagueness.During a Sept. 15 speech in Washington, a moment after declaring Mr. Biden “cognitively impaired, in no condition to lead,” the former president warned that America was on the verge of World War II, which ended in 1945.In the same speech, he boasted about presidential polls showing him leading Mr. Obama, who is not, in fact, running for an illegal third term in office. He erroneously referred to Mr. Obama again during an anecdote about winning the 2016 presidential race.“We did it with Obama,” Mr. Trump said. “We won an election that everybody said couldn’t be won, we beat …” He paused for a beat as he seemed to realize his mistake. “Hillary Clinton.”At a Florida rally on Oct. 11, days after a brutal terrorist attack that killed hundreds of Israelis, Mr. Trump criticized the country for being unprepared, lashing out at its prime minister, Benjamin Netanyahu. Mr. Trump appears to have soured on Mr. Netanyahu, once a close ally, after the Israeli leader congratulated Mr. Biden for winning the 2020 election.In the same speech, Mr. Trump relied on an inaccurate timeline of events in the Middle East to criticize Mr. Biden’s handling of foreign affairs and, in the process, drew headlines for praising Hezbollah, the Iranian-backed militant group.Last week, while speaking to supporters at a rally in New Hampshire, Mr. Trump praised Viktor Orban, the strongman prime minister of Hungary, but referred to him as “the leader of Turkey,” a country hundreds of miles away. He quickly corrected himself.At another point in the same speech, Mr. Trump jumped into a confusing riff that ended with him telling supporters, “You don’t have to vote — don’t worry about voting,” adding, “We’ve got plenty of votes.”Mr. Cheung, the Trump campaign spokesman, said the former president was “clearly talking about election integrity and making sure only legal votes are counted.”Under Mr. Trump, the Republican Party has been dealt a series of electoral defeats since 2016. Doug Mills/The New York TimesIn a speech on Saturday, Mr. Trump sounded as if he were talking about hummus when he mispronounced Hamas (huh-maas), the Islamist group that governs the Gaza Strip and carried out one of the largest attacks on Israel in decades on Oct. 7.The former president’s pronunciation drew the attention of the Biden campaign, which posted the video clip on social media, noting that Mr. Trump sounded “confused.”But even Republican rivals have sensed an opening on the age issue against Mr. Trump, who has maintained an unshakable hold on the party despite a political record that would in years past have compelled conservatives to consider another standard-bearer. Mr. Trump lost control of Congress as president; was voted out of the White House; failed to help deliver a “red wave” of victories in the midterm elections last year; and, this year, drew 91 felony charges over four criminal cases.Nikki Haley, the 51-year-old former governor of South Carolina, opened her presidential bid this year by calling for candidates 75 or older to pass mental competency tests, a push she has renewed in recent weeks.On Saturday, Ms. Haley attacked Mr. Trump over his comments about Mr. Netanyahu and Hezbollah, suggesting in a speech to Jewish donors in Las Vegas that the former president did not have the faculties to return to the White House.“Let me remind you,” she added with a small smile. “With all due respect, I don’t get confused.”Jazmine Ulloa More

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      Trump Is Still Far Ahead in Iowa Poll, With Haley Matching DeSantis for 2nd

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      Former President Donald J. Trump leads his closest competitors by 27 percentage points in a new Des Moines Register poll, but Nikki Haley has surged to tie Ron DeSantis.Former President Donald J. Trump still has a huge lead in Iowa, according to a poll released Monday, but Nikki Haley has surged to tie Gov. Ron DeSantis of Florida for a distant second place.Mr. Trump has the support of 43 percent of voters likely to participate in Iowa’s first-in-the-nation Republican caucuses in January, the new Des Moines Register/NBC News/Mediacom poll found — about the same as the 42 percent he had in the same poll in August.Mr. DeSantis and Ms. Haley, the former governor of South Carolina and former United Nations ambassador, are tied at 16 percent. That is a decline of three percentage points for Mr. DeSantis and an increase of 10 points for Ms. Haley, driven in part by increasing support for Ms. Haley among independent voters.The poll was conducted by J. Ann Selzer and has a margin of error of plus or minus 4.9 percentage points.Behind Ms. Haley and Mr. DeSantis are Senator Tim Scott of South Carolina at 7 percent, the entrepreneur Vivek Ramaswamy and former Gov. Chris Christie of New Jersey at 4 percent, and Gov. Doug Burgum of North Dakota at 3 percent. None of those candidates have moved significantly since the August poll.The new survey was conducted before former Vice President Mike Pence dropped out of the race on Saturday. He had only 2 percent support — down from 6 percent in August — and his supporters were redistributed to their second-choice candidates in the final results. More

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      Why Less Engaged Voters Are Biden’s Biggest Problem

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      His weakness is concentrated among those who stayed home in the midterms but who may show up in 2024.Higher turnout is not necessarily positive for Democrats. Adria Malcolm for The New York TimesIf you’re looking to reconcile the surprisingly strong Democratic showing in the midterm elections with President Biden’s weakness in the polls today, consider the political attitudes of two groups of respondents from New York Times/Siena College polls over the last year.First, let’s consider the 2,775 respondents from Group A:It’s relatively old: 31 percent are 65 or older; 9 percent are under 30.It’s split politically: 33 percent identify as Republicans compared with 31 percent who consider themselves Democrats. About 72 percent are white. Black and Hispanic respondents are at 9 percent each.It’s relatively well educated: 41 percent have a college degree. Next, let’s look at the 1,534 respondents from Group B:It’s relatively young: 26 percent are 18 to 29; 17 percent are 65 or older.It’s relatively Democratic: 26 percent identify as Democrats, compared with 19 percent who identify as Republicans. Only 54 percent are white; 13 percent are Black and 19 percent are Hispanic.Just 28 percent have a college degree.Mr. Biden probably won Group B by a comfortable margin in the 2020 presidential election, whether based on fancy statistical models or based on what those respondents told us themselves.But it’s actually Group B that backs Donald J. Trump in Times/Siena polling over the last year. Mr. Trump leads Mr. Biden, 41-39, among Group B respondents, while Group A backs Mr. Biden, 47-43.OK, now the reveal:“Group A” is people who voted in the 2022 midterm elections.“Group B” is people who did not vote in the 2022 midterms.Is this a surprising finding? Yes. But it also makes sense of a lot of what’s going on in the polling today.Mr. Biden may be weak among young, Black and Hispanic voters today, but that weakness is almost entirely concentrated among the voters who stayed home last November. As a consequence, Democrats paid little to no price for it in the midterms, even as polls of all registered voters or adults show Mr. Biden struggling mightily among these same groups against Mr. Trump.These less engaged voters might just be the single biggest problem facing Mr. Biden in his pursuit of re-election, the Times/Siena data suggests. If there’s any good news for Mr. Biden, it’s that his challenge is concentrated among voters who still consider themselves Democrats — a group that, in theory, ought to be open to returning to the president’s side.Whom Voters Say They’ll Support in 2024 More

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      Book Review: ‘Blowback,’ by Miles Taylor; ‘Renegade,’ by Adam Kinzinger; ‘Losing Our Religion,’ by Russell Moore

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      Miles Taylor, a former Department of Homeland Security official in the Trump administration and the author of the new book BLOWBACK: A Warning to Save Democracy From the Next Trump (Atria, 335 pp., $30), made his dramatic entrance in 2018 with an anonymous essay for The New York Times entitled “I Am Part of the Resistance Inside the Trump Administration.” In it, he heralded the “unsung heroes” who were “working diligently from within” to impede Trump’s “worst inclinations.” The following year, having resigned from the D.H.S., Taylor published “A Warning,” also under the moniker “Anonymous.” Finally, in 2020, Taylor criticized Trump under his own name, endorsed Joe Biden and identified himself as “Anonymous.”Taylor now provides a more detailed accounting of the chaos inside the White House. Some of his allegations — that the Trump aide Stephen Miller wanted to blow up migrants with a predator drone; that the former White House chief of staff John Kelly described the president as a “very, very evil man” in response to Trump’s sexual comments about his daughter Ivanka — have made headlines and prompted some denials.The reference to “the next Trump” in the subtitle is already moot (we’re still dealing with the original one), but “Blowback” is bedeviled by a bigger problem: The more we learn of the outrageous behavior behind closed doors, the more enraging it is that Taylor — and his allies among the “axis of adults” — failed to speak out sooner. In 2018, after a particularly deranged set of phone calls about the so-called migrant caravan, Taylor told Kelly that things were getting really messed up. I wanted to shake him. Yes, Miles, it was getting pretty messed up.To Taylor’s credit, “Blowback” is full of regret. The 2018 opinion piece, while gutsy, was a sly justification for silence. By book’s end, Taylor has decided that anonymity itself, the mask he wore for years, “symbolizes the greatest threat to democracy.” The most moving passages in the book are those in which Taylor wrestles not with political monsters, but with his own demons. The mask of anonymity is entwined with his alcoholism; his recovery only arrived when he spoke truthfully in his own name. Taylor describes how falsity gnaws at the soul. Courage doesn’t always come on time, but as many an addict has ruefully remarked, it’s better late than never.The former Illinois congressman Adam Kinzinger — one of 10 Republicans to vote for Trump’s second impeachment and one of two to serve on the House’s Jan. 6 committee — is a late-breaking hero of the anti-Trump cause. RENEGADE: Defending Democracy and Liberty in Our Divided Country (The Open Field, 295 pp., $30) tracks Kinzinger’s childhood in the 1980s, his Air Force career, his six terms in Congress and his disillusionment with Trump’s Republican Party.Alas, it has none of “Blowback”’s redeeming anguish. Even Kinzinger’s sporadic insights about the roots of Trumpism (e.g. in the Tea Party) serve less to implicate the pre-Trump G.O.P. than to flatter Adam Kinzinger, who always appears presciently distressed by the intransigent drift of his own party.“Renegade” has applause lines for Kinzinger’s new liberal fans — he describes the senator and presidential aspirant Ted Cruz as an “oily, sneering manipulator” with a “punchable face” — and he adds some (unrevelatory) texture to the cowardice and bullying displayed by his colleagues. Kevin McCarthy, Kinzinger writes, behaved “like an attention-seeking high school senior who readily picked on anyone who didn’t fall in line” when he was minority leader. Twice after Kinzinger turned on Trump, he reports, McCarthy shoulder-checked him in the House chamber. (A spokesman for McCarthy has dismissed such criticism from Kinzinger as “unhinged tirades.”)What “Renegade” resembles most of all — down to its professional co-authoring by the award-winning journalist Michael D’Antonio — is a campaign book in search of a campaign. When Kinzinger announced his retirement in 2021, he said, “This isn’t the end of my political future, but the beginning.” Still, it’s difficult to imagine what sort of future that might be — unless Kinzinger gets much better at persuading other Republicans to join him out in the cold. “Renegade,” a book primarily about how much nobler Kinzinger is than his former colleagues, is unlikely to do the trick.Russell Moore’s LOSING OUR RELIGION: An Altar Call for Evangelical America (Sentinel, 256 pp., $29) is another book about a conservative suffering exile from his tribe for turning on Donald Trump.It is far more interesting, however, because Moore — the editor in chief of Christianity Today and a former bigwig in the 13-million-member Southern Baptist Convention — remains a dedicated evangelical. His “altar call” is addressed to fellow believers; to leaders of congregations riven by conflict; to pastors, like himself, whose theology is orthodox but whose politics, by Trump-era standards, are liberal; to churchgoers who’ve lost faith in their church but not in Jesus Christ. It is a startlingly open, honest and humble book, a soulful, fraternal entreaty for integrity, repair and renewal.Taylor and Kinzinger, putatively trying to convince readers to take the danger of Trump seriously, adopt a tone that is only tolerable if you already agree with them. Their books, in other words, are most likely to appeal to liberals eager for apostates from conservatism to flatter their anti-Trump indignation. By literally “preaching to the choir,” Moore, on the other hand, ironically avoids preaching to it figuratively.He is better equipped to lovingly cajole, carefully critique and persuade his readers, because he speaks to his audience in their own idiom, relying on theological concepts that hold particular potency for his fellow congregants, especially those who find themselves called to decry an evil they fear they have abetted.He is also sympathetic to the ways in which belligerent Trumpism can seduce Christian conservatives; it satisfies many of the same longings that religion does. “There is more than one way for you to secularize,” Moore writes. “All it takes is substituting adrenaline for the Holy Spirit, political ‘awakening’ for rebirth, quarrelsomeness for sanctification and a visible tribal identity for the kingdom of God.”Most of all, Moore resists the impulse to try to beat Trump at his own game. So many prophets of Trumpian doom respond to the former president’s howling narcissism with a narcissism of their own, implicitly ratifying Trump’s most noxious conceit: that he alone can fix it. But our moment calls for less heroism than humility; fewer grand self-portraits and more intimate self-searching. More

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      An Anti-Obesity Drug and Cultural Stigmas

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      More from our inbox:Seeking More Insight Into Republican VotersScandal at Liberty UniversityFree Analysis? Alice Rosati/Trunk ArchiveTo the Editor:Re “Ozempic Can’t Fix What Our Culture Has Broken,” by Tressie McMillan Cottom (column, Oct. 15):By “broken” in the headline, the column implies that we still perpetuate a cultural bias against obese people.Yes, we do stigmatize fat people. I’m fat. What’s also broken, though, is our habit of blaming society for failing to accept us, and medical institutions for failing to fix us, before we take an honest look at our own choices contributing to becoming unhealthy in the first place.Clearly obesity is an epidemic with complex environmental, economic and genetic factors. But for most, physical activity and healthy eating are still nature’s best prevention and remedy. Unlike Ozempic, they’re not a sexy quick fix. They’re work.Maybe healthy eating and activity are just too simple. But viewing ourselves first as victims of unfair systems is also not the answer.Society will always judge. Institutions will always be profit-driven. Blaming is easy. Honest self-assessment and changing habits are hard.Leslie DunnCarmel, Calif.To the Editor:Tressie McMillan Cottom’s fine column covers almost all the issues that I, as a slightly overweight but not obese woman, have with the new weight-loss drugs.But one issue needs to be addressed: What will we think about and how will we treat people (women) who choose not to take this drug, for whatever reason? Maybe it’s because it’s too expensive; maybe because it’s a commitment to a lifetime of taking the drug; maybe it’s just, amazingly, because they are comfortable in their rounded, plush bodies, and don’t desire to change them. Will they face even more opprobrium for that choice than they already do?I’ve spent the last 66 years (and counting) being told that my body isn’t “right,” by doctors, family and society. I’ve just finally come to terms with the fact that I’m stuck in it, and I’m lucky to be able to wake up every morning and get out of bed. Isn’t that enough?Naomi Weisberg SiegelPittsburghTo the Editor:While I agree with the author on many points, one point she didn’t address effectively is that Ozempic and other weight-loss drugs help cover up a main culprit that is causing our obesity: the U.S. food industry and “ultraprocessed foods.”Up until about the 1980s the U.S. didn’t have such a serious obesity problem. Then sugar began being added to everything, along with other things not found in any garden or kitchen.Dr. McMillan Cottom points out that people can be obese and be healthy, but that is not true of most obese people. Ozempic was created because of rampant diabetes in the U.S., the risk of which is increased by eating ultraprocessed foods.Our food industry is killing us with slow deaths from chronic diseases.Deborah JerardMontpelier, Vt.The writer is a pediatrician.Seeking More Insight Into Republican VotersWhy These 11 Republican Voters Like Trump But Might Bail on HimThe group discusses what it would take for a candidate other than Trump to win their vote.To the Editor:Re “Could These Republican Voters Abandon Trump?” (“America in Focus” series, Opinion, Oct. 22):This piece was disturbing but unenlightening about why voters support Donald Trump.Focus groups are supposed to probe for deeper understanding of participants’ views, yet your moderator accepted answers without delving into how participants reached those views.For example, when Cristian said about Donald Trump that “he does get things done,” the moderator could have asked for specifics. It would have been an interesting answer because Mr. Trump actually got very little done.The most glaring omission was Mr. Trump’s false claims of a stolen 2020 election. Do participants agree with Mr. Trump? Where do they get their news? Does this issue even matter to them?We have known for months that Mr. Trump maintains strong voter support. We might have gotten some insight into why had the moderators asked more clarifying questions.Ann LaubachAustin, TexasTo the Editor:First, I will applaud both Kristen Soltis Anderson for her skilled questions and moderation, as well as Patrick Healy and the Times Opinion team for sticking with your amazing series, most recently “Could These Republican Voters Abandon Trump?” Fascinating stuff.But just like the infamous CNN town hall with Donald Trump, it leaves an urgent set of questions. Mainly these:1. What about the criminal cases against Mr. Trump?2. What about climate change and the green agenda?Without understanding in depth these 11 Republicans on these topics, I just don’t see how I can evaluate. Of course, I recognize that these individuals have most likely completely dismissed these entire areas of thought. Nonetheless, to understand the situation in my country, I need to see what rationales they are using to do that.George OdellNewburyport, Mass.Scandal at Liberty University Julia Rendleman for The New York TimesTo the Editor:Re “The Worst Scandal in American Higher Education,” by David French (column, Oct. 23):Thank you to Mr. French for bringing the truly appalling behavior of Liberty “University” officials to our attention. Yet while he reports that the $37.5 million fine Liberty might face would be “unprecedented,” I can’t help but wonder why the Department of Education wouldn’t strip Liberty of its accreditation altogether, making it ineligible to receive federal money.Such a move is long overdue, and not just because Liberty has lied about campus crime and pressured victims of sexual assault to stay quiet. Liberty, and a host of other Christian institutions, are not colleges in the critical sense. These are places where answers precede questions, where intellectual exploration is hemmed in by theological dogma, and where basic tenets of academic freedom are treated as optional.Why should taxpayers be funding education at such places at all?Steven ConnYellow Springs, OhioThe writer is a professor of history at Miami University.Free Analysis?James AlbonTo the Editor:“How Do You Charge a Friend for a Professional Favor?” (Business, nytimes.com, Oct. 21): Another favor-asking situation that commonly occurs is asking physicians, be they friends or a recent acquaintance at a social event, for free medical opinions or even advice. The many ways of handling those situations would warrant an entire New York Times article.There is another common experience that occurs when one is introduced to someone as a psychiatrist, psychoanalyst or therapist in nonprofessional settings.Such introductions often evoke the question, “Are you analyzing me?” To which I almost always respond, “Not if you’re not paying me.” And we move on.Jack DrescherNew YorkThe writer, a psychiatrist and psychoanalyst, is past president of the Group for Advancement of Psychiatry. More

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      Jenna Ellis Could Become a Star Witness Against Trump

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      When Jenna Ellis last week became the most recent lawyer to join in an accelerating series of guilty pleas in the Fulton County, Ga., prosecution of Donald Trump and his co-conspirators, she offered a powerful repudiation of the “Big Lie” that could potentially cut the legs out from under Donald Trump’s defense, make her a star witness for prosecutors and a potent weapon against the former president’s political ambitions.Ms. Ellis admitted that the allegations of election fraud she peddled as an advocate for the effort to overturn the 2020 election were false. Two other plea deals, from Kenneth Chesebro and Sidney Powell, have been important, but Ms. Ellis is in a unique position to aid prosecutors in the Georgia case and possibly even the parallel federal one — as well as Mr. Trump’s opponents in the court of public opinion.Ms. Ellis pleaded guilty to a felony count of aiding and abetting the false statements made by co-defendants (including Rudy Giuliani) to the Georgia Senate about supposed voting fraud in the 2020 presidential election. These included that “10,315 or more dead people voted” in Georgia, “at least 96,000 mail-in ballots were counted” erroneously and “2,506 felons voted illegally.”These lies were at the cutting edge of Mr. Trump’s assault on the election. Both the state and federal criminal prosecutions allege that Mr. Trump and his co-conspirators knowingly deployed falsehoods like these in their schemes to overturn the election.Ms. Ellis emerged from her plea hearing as a likely star witness for prosecutors, starting with the one who secured her cooperation, the Fulton County district attorney Fani Willis. Unlike Mr. Chesebro and Ms. Powell, in pleading guilty Ms. Ellis spoke in detail about her “responsibilities as a lawyer.” Tearing up, she talked about the due diligence that “I did not do but should have done” and her “deep remorse for those failures of mine.” The judge, a tough former prosecutor, thanked her for sharing that and noted how unusual it was for a defendant to do so.Trials are about the evidence and the law. But they are also theater, and the jury is the audience. In this case, the jury is not the only audience — the Georgia trials will be televised, so many Americans will also be tuned in. Ms. Ellis is poised to be a potent weapon against Mr. Trump in the courtroom and on TVs.That is bad news for her former co-defendants — above all, Mr. Giuliani and Mr. Trump. Ms. Ellis was most closely associated with Mr. Giuliani, appearing by his side in Georgia and across the country. If her court appearance last week is any indication, she will be a compelling guide to his alleged misconduct. She will also add to what is known about it; she and Mr. Giuliani undoubtedly had many conversations that are not yet public and that will inform the jury. And because Mr. Giuliani was the senior lawyer on the case, her pointed statement that she was misled by attorneys “with many more years of experience” hits him directly.Ms. Ellis’s likely trial testimony will also hit Mr. Trump hard. She has now effectively repudiated his claims that he won the election — an argument that is expected to be a centerpiece of his trial defense. Coming from a formerly outspoken MAGA champion, her disagreement has the potential to resonate with jurors.It also builds on substantial other evidence against the former president, which includes voluminous witness testimony collected by the House Jan. 6 committee indicating that many advisers told him the election was not stolen — and that in private he repeatedly admitted as much.Ms. Ellis’s testimony may also compromise one of Mr. Trump’s main defenses. He has made clear he intends to claim he relied on advice of counsel. But that defense is available only if the lawyers are not part of the alleged crimes. Ms. Ellis’s plea puts her squarely within the conspiracy, as do those of Mr. Chesebro and Ms. Powell. That will hamper Mr. Trump’s effort to present a reliance-on-counsel defense.In comparing Ms. Ellis to the two other lawyers who pleaded guilty, it is also critical to note that she is promising full cooperation with Ms. Willis. Mr. Chesebro and Ms. Powell have important contributions to make to the prosecution, but they merely agreed to provide documents, preview their testimony and testify truthfully if called.Ms. Ellis took the additional step of also agreeing “to fully cooperate with prosecutors,” which could include doing interviews with prosecutors, “appearing for evidentiary hearings, and assisting in pretrial matters.”To our knowledge, Ms. Ellis is not yet cooperating with prosecutors in the federal case led by the special counsel Jack Smith, but if she does, she would have a comparative advantage for the prosecution over Mr. Chesebro and Ms. Powell: They are identified as unindicted co-conspirators in that case and would be more problematic for Mr. Smith to deal with. He may not, for example, be willing to immunize them should they assert their privilege against self-incrimination, since that would hamper prosecuting them. But because he has not named Ms. Ellis among Mr. Trump’s alleged federal co-conspirators, he may feel more free to extend immunity to secure her valuable testimony. (He has reportedly done just that with Mark Meadows, a former Trump White House chief of staff.)Ms. Ellis’s guilty plea may also have political reverberations. It is riveting to see a MAGA champion who helped lead the election assault tearfully admitting she and that effort misled the American people. Her court appearance was live-streamed and repeated in a loop on television and social media.Looking ahead in the Georgia case, the judge just got back the five months that he had set aside for the Chesebro and Powell trial. Even if Mr. Trump manages to postpone appearing before a Georgia jury during that window, the trial of other defendants could begin within it — and certainly during 2024. That means Ms. Ellis and other existing and potential witnesses against Mr. Trump will likely be critical not only in the legal arena, but the political one.With Mr. Trump showing no signs of backing down from his claims of 2020 election fraud and a new election upon us, Ms. Ellis’s plea — like the televised Jan. 6 committee testimony of Cassidy Hutchinson, another Trump insider who turned on him with powerful effect — could be a potential turning point in the court of public opinion. When Mr. Trump’s lies are repeated in the future, in whatever venue, expect to see Ms. Ellis often.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate lawyer in Savannah, Ga.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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      in Elections

      The Devil’s Bargain Mike Pence Could Not Escape

      by

      The former vice president tied himself to Donald Trump in the 2016 campaign and it may have cost him a political future.The decision by Mike Pence to end his presidential campaign on Saturday was a bow to what had finally become inevitable. He was struggling to raise money, win support from the party’s base and manage the torments from the man who had made him nationally famous, Donald J. Trump.But the root of his campaign’s collapse — and, very possibly, his political career — goes back to 2016, when Mr. Pence accepted Mr. Trump’s offer to be his running mate.“He got it completely wrong,” said the Rev. Rob Schenck, an evangelical clergyman and a one-time leader of the anti-abortion movement who gave ministerial counsel to Mr. Pence 20 years ago but later turned against him because of his affiliation with Mr. Trump. “This ended up being disastrous for his political career.”The two men were not close before Mr. Trump’s decision to put Mr. Pence on the ticket. In many ways, beyond sharing a party affiliation, they could not have been more different.When Donald Trump announced Mike Pence as his running mate in July 2016, the two became inextricably linked.Doug Mills/The New York TimesMr. Pence was the governor of Indiana, an evangelical Christian — he titled his memoir “So Help Me God” — who grew up in the rolling farmland of Indiana. He had endorsed one of Mr. Trump’s primary opponents, Senator Ted Cruz of Texas. And he was, friends said, discomfited by the freewheeling ways of Mr. Trump, a Queens-born playboy entrepreneur and casino owner who had thrived in the Democratic world of New York.But Mr. Pence was facing a challenging re-election campaign against a Democrat he had only narrowly defeated in 2012. He was, his advisers said, also drawn into the presidential race by the prospect of a spot on the national stage, positioning himself to be either vice president or a strong candidate for president in 2020 should Mr. Trump lose to Hillary Clinton, the Democrat, which polling suggested was likely.After a few days of consideration — and speaking to his wife, Karen, consulting political advisers and friends, and spending time in prayer, by his account — Mr. Pence accepted Mr. Trump’s offer.It was a deal that, by Saturday morning in Las Vegas, as a former vice president was forced to exit the race for president without even making it to the Iowa caucuses, Mr. Pence had almost surely come to regret.He had never learned to manage his relationship with Mr. Trump, to navigate the deep cultural and personal differences between a taciturn Midwestern governor and a flashy New Yorker who never played by the rules of politics that had governed Mr. Pence’s career.Mike Pence found electoral success in 2001 when he was elected to Congress from the Second District of Indiana. Jeff Wolfram/Getty ImagesAfter more than a decade in Congress, one term as governor and another as vice president, Mr. Pence, 64, is, by every appearance, entering the bleakest period of his public life since being elected to Congress from the Second District of Indiana in 2001.His decision to break with Mr. Trump after the Jan. 6 incursion at the Capitol and his challenge to his former boss for the nomination in 2024 angered the former president and alienated the Trump supporters who define the party today. But Mr. Pence’s four years of loyalty to Mr. Trump while he was vice president ultimately made it impossible for him to to win over voters eager to turn the page on the Trump presidency.His decision to align himself with Mr. Trump came in June 2016, when a mutual associate of the two men, an Indiana insurance industry executive named Steve Hilbert, called Mr. Pence to see if he would consider an offer to join Mr. Trump. Mr. Pence, who was in the middle of an effort to recover from a potentially ruinous misstep he had made the year before, was open to the idea.Mr. Pence had signed the Religious Freedom Restoration Act, which effectively authorized businesses to discriminate against gay and lesbian couples, such as Christian businesses that did not want to cater same-sex wedding celebrations. It set off a storm of protest, prompting threats of boycotts from business leaders and sports teams across the nation. The outcry caught Mr. Pence by surprise and put his political future in doubt.“Even our critics — who said we should have seen it coming — they didn’t see it coming,” said Jim Atterholt, who was then Mr. Pence’s chief of staff. “In fairness to the governor, this was not on his agenda, he was not pushing for it. But obviously, it was consistent with the governor’s philosophy in terms of protecting religious freedom.”Mr. Pence was never quite a perfect fit for his running mate, as an evangelical and one who was more of a conservative in the Reagan model. Aaron P. Bernstein/Getty ImagesMr. Pence spent much of the next year talking about state issues like education and taxes, traversing Indiana on what he described as a listening tour as he sought to put the religious freedom bill behind him and turn to his re-election campaign.“Mike was a wounded incumbent,” said Tim Phillips, a conservative activist who was a close friend and an adviser to Mr. Pence. “I think he would have won that race, if it was a good presidential cycle. But it wasn’t like he was cruising to an easy re-elect and a future presidential run in 2020.”If Mr. Pence had any qualms when Mr. Trump approached him, he never voiced them publicly or even to many of his advisers. “Mike sent a message saying ‘If I’m being called to serve, I will serve,’” Mr. Atterholt said. “Mike was open to serving, but he was fully planning for the re-election.”And there were other reasons the offer was tempting. Mr. Pence had never made any secret of his ambitions to run for president himself one day, having given it serious consideration that year. Win or lose, a campaign with Mr. Trump would put him near the front of the line — or so he thought. And Republicans who were concerned about Mr. Trump, and in particular the attention he would pay as president to the evangelical issues that animated Mr. Pence, urged him to do it.“There was a genuine significant role that the V.P. needed to play for Trump,” Mr. Phillips said. “The evangelical right and the conservatives right were very uneasy with Trump. Having a Sherpa who could guide him and provide credibility with Trump, that really mattered in 2016.”Mr. Pence never quite caught on with conservative voters, despite being attached to Mr. Trump.Todd Heisler/The New York TimesToday, nearly eight years later, after having served as Mr. Trump’s vice president before turning against him, Mr. Pence’s short-lived campaign stands as testimony to the unexpected consequences of that decision. For all the kind words said about him by his opponents after he dropped out — “I have no doubt Mike and Karen will continue to serve this nation and honor the Lord in all they do,” said one of his former rivals, Tim Scott — his own future is now uncertain.Mr. Schenck said that he had always been disappointed that Mr. Pence, a man with whom, by his account, he had prayed and read the Scriptures, had aligned himself with a man whom Mr. Schenck called the “diametrical opposite” of the moral leader he and Mr. Pence used to talk about.“There must have come a point where Mike either thought, ‘I can get the better of Donald Trump or I can rise above his immorality,’” Mr. Schenck said. “He has had to do too much accommodation and adjustment. It might have been fatal to his leadership.” More