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    Donald Trump Is Going to Get Someone Killed

    Donald Trump’s life has been a master class in the evasion of consequences. Six of his businesses have declared bankruptcy but he is still acclaimed as a business visionary; he’s been married three times but is still beloved by evangelicals; he’s been impeached twice but still remains a leading candidate for president. For years, Mr. Trump’s critics have believed that a moment of accountability was just over the horizon, thanks to, say, a Bob Woodward takedown or a Robert Mueller investigation; disappointment followed.Now, Mr. Trump confronts another moment of apparent peril as he begins to face his accusers in criminal and civil court proceedings. The verdicts in these cases remain months away, but he is reacting in apparent confidence that the consequences of his actions will, as ever, turn out well for him. But it’s equally important to ask how Mr. Trump’s response to his latest predicament will affect others, especially those who are now targets of his wrath.Over the past two weeks, the judges in Mr. Trump’s civil fraud case in New York and his criminal prosecution in Washington have issued limited gag orders forbidding him from trying to intimidate witnesses and other participants in the trials. Mr. Trump is appealing at least one of the orders, but even if he abides by them, which is by no means certain, the directives do not prohibit the vast range of threats and attacks Mr. Trump has made and shows every sign of continuing to make. The former president’s current language represents an imminent threat to his rhetorical targets and those around them.Mr. Trump has always employed invective as a political tool, but as his days of courtroom reckoning have arrived, his rhetoric has grown more menacing. He’s suggested that Gen. Mark Milley, the former chairman of the Joint Chiefs of Staff, could have been executed; that shoplifters should be shot; that the judge’s clerk in the civil case against him is Sen. Chuck Schumer’s girlfriend; and that “you ought to go after” the state attorney general who is prosecuting him. In language evoking Nazi eugenics, he has accused immigrants of “poisoning the blood of our country.”Mr. Trump’s adversaries often look to the courts for relief, but there’s no remedy there for his tirades. The First Amendment protects all but the most explicit incitements to violence, so Mr. Trump has little reason to fear that prosecutors will bring charges against him for those remarks.The most notorious moment of Mr. Trump’s presidency also demonstrated the limits of relying on the courts as a meaningful check on his own provocations. In his speech on the Ellipse on Jan. 6, 2021, Mr. Trump urged his supporters to “fight like hell,” and many did just that at the Capitol. But they paid a price, and he didn’t. In yet another example of Mr. Trump’s life without consequences, more than 1,000 people have been charged for their conduct on Jan. 6, and many if not most of them broke the law because they thought that’s what the president at the time wanted. Still, the special counsel Jack Smith refrained from charging Mr. Trump with inciting the violence, undoubtedly because of the Constitution’s broad protection for freedom of speech. Incitements like Mr. Trump’s, even if they are not crimes in themselves, can have dangerous consequences, as they did on Jan. 6.Angry people, especially those predisposed toward violence, can be set off by encouragement that falls well short of the legal standard for criminal incitement. To see the consequences of such constitutionally protected provocation, one need only look to the case of Timothy McVeigh, who set off the bomb at the Alfred P. Murrah Federal Building in Oklahoma City that killed 168 people on April 19, 1995. More than a decade before the attack, when Mr. McVeigh was still in high school, he first read “The Turner Diaries,” a novel about a right-wing rebellion against the federal government. Earl Turner, the hero and narrator of the novel, ignites a civil war by setting off a truck bomb next to the F.B.I. building in Washington — the act that planted the idea for what Mr. McVeigh later did in Oklahoma City. But once Bill Clinton took office in 1993, McVeigh’s revulsion at the new president prompted him to move the idea from the back of his mind to a definite plan of attack.Mr. McVeigh was specifically outraged at the F.B.I.’s raid on the Branch Davidian complex, near Waco, Texas, which led to the death of 82 Branch Davidians and four federal agents and ended on April 19, 1993, and at Mr. Clinton’s signing of a ban on assault weapons, which took place the following year.Mr. McVeigh’s anger was boiling at a time of incendiary political language in the mid-1990s, when, for example, Newt Gingrich, who would go on to become speaker of the House in 1995, said: “People like me are what stand between us and Auschwitz. I see evil all around me every day.” In particular, on his long drives across the country, Mr. McVeigh became a dedicated listener to Rush Limbaugh, whose radio talk show was in its heyday. Mr. Limbaugh was saying things like, “The second violent American revolution is just about — I got my fingers about a quarter of an inch apart — is just about that far away.” Of course, all of this rhetoric, from the words of the novel to those of Mr. Gingrich and Mr. Limbaugh, was protected by the First Amendment.One person who understood the possible connection between the language on the airwaves and the violence it spawned was Mr. Clinton himself, who had seen repeated examples of extreme right-wing violence during his days as governor of Arkansas. In a speech shortly after the Oklahoma City bombing, Mr. Clinton said, “We hear so many loud and angry voices in America today whose sole goal seems to be to try to keep some people as paranoid as possible and the rest of us all torn up and upset with each other.” He went on: “They spread hate. They leave the impression that, by their very words, that violence is acceptable … I’m sure you are now seeing the reports of some things that are regularly said over the airwaves in America today. Well, people like that who want to share our freedoms must know that their bitter words can have consequences.” Then as now, from Mr. Limbaugh to Mr. Trump, the act of calling out their provocations produces the same cries of wounded innocence. In response to Mr. Clinton’s speech, Mr. Limbaugh denounced “irresponsible attempts to categorize and demonize those who had nothing to do with this. … There is absolutely no connection between these nuts and mainstream conservatism in America today.” Mr. Trump used the same rhetorical dodge regarding his responsibility for the violence he fomented on Jan. 6. In his answer to the report of the congressional committee that investigated the attack on the Capitol, he said in a post on his Truth Social website: “The unselect committee [sic.] did not produce a single shred of evidence that I in any way intended or wanted violence at our Capitol. The evidence does not exist because the claim is baseless and a monstrous lie.”Mr. Trump, like Mr. Limbaugh before him, uses the Constitution’s broad protections for inflammatory speech as a shield against any sort of accountability. The implicit argument is that unless a criminal prosecution establishes a direct cause and effect between his words and the violence that follows, then there is no connection at all. But that isn’t true, nor can it be. Mr. Clinton was just reflecting common sense when he said, “words can have consequences,” and Mr. McVeigh’s story illustrates the effect that constitutionally protected words can have. But Mr. Trump never acknowledges that his words have any outcome other than those he chooses to recognize.The temptation with Mr. Trump, for President Biden and others, has always been to ignore the former president’s more outrageous statements in favor of the high (or at least higher) road. But that restraint is a disservice to the public and, in all likelihood, bad politics, too. If Mr. Trump isn’t called out for his encouragement of violence before it actually takes place, that will bolster his proclamations of innocence when the worst happens; he shouldn’t have that opportunity. Mr. Trump’s statements represent an immediate danger to the targets of his rage and the public at large; it’s Mr. Biden’s responsibility, as well as a political opportunity, to issue that warning.Mr. Trump has never respected the norms of political behavior and there’s little reason to think gag orders will provide meaningful discipline either. As on Jan. 6, his supporters shed traditional rules as well. The day is fast approaching when someone picks up a gun or builds a bomb and then seeks to follow through on Mr. Trump’s words. If and when that happens, he will say that he did not specifically direct or cause the violence, and he will probably escape without criminal charges — but the blood will be on his hands.Jeffrey Toobin is the author of “Homegrown: Timothy McVeigh and the Rise of Right-Wing Extremism.”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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    Sidney Powell Seeks Distance From Trump Ahead of Georgia Trial

    Ms. Powell, a lawyer who promoted conspiracy theories about election fraud after Donald J. Trump’s 2020 defeat, now says she never represented him or his campaign.Few defenders of Donald J. Trump promoted election fraud theories after his 2020 defeat as stridently as Sidney K. Powell. In high-profile appearances, often alongside other members of the Trump legal team, she pushed conspiracies involving Venezuela, Cuba and China, as well as George Soros, Hugo Chávez and the Clintons, while baselessly claiming that voting machines had flipped millions of votes.But now Ms. Powell, who next week will be one of the first defendants to go to trial in the Georgia racketeering case against Mr. Trump and 17 of his allies, is claiming through her lawyer that she actually “did not represent President Trump or the Trump campaign” after the election.That claim is undercut by Ms. Powell’s own past words, as well as those of Mr. Trump — and there is ample video evidence of her taking part in news conferences, including one where Rudolph W. Giuliani, then Mr. Trump’s personal lawyer, introduced her as one of “the senior lawyers” representing Mr. Trump and his campaign.Most of the Georgia charges against Ms. Powell relate to her role in a data breach at an elections office in rural Coffee County, Ga. There, on the day after the Jan. 6 riots, Trump allies copied sensitive and proprietary software used in voting machines throughout the state in a fruitless hunt for ballot fraud.At a recent court hearing, Ms. Powell’s lawyer, Brian T. Rafferty, said that his client “had nothing to do with Coffee County.”But a number of documents suggest otherwise, including a 392-page file put together by the Georgia Bureau of Investigation that was obtained by The New York Times. The file, a product of the agency’s investigation into the data breach, has been turned over to Georgia’s attorney general, Chris Carr, a Republican.It is not clear that Mr. Carr will take any action, given that Fulton County’s district attorney, Fani T. Willis, has already brought racketeering charges against Ms. Powell, Mr. Trump and 17 others. The Fulton indictment accuses them of participating in a “criminal organization” with the goal of subverting Georgia’s election results.Brian Rafferty, a lawyer representing Ms. Powell, spoke during a hearing this week.Pool photo by Alyssa PointerJury selection in Ms. Powell’s trial and that of Kenneth Chesebro, a legal architect of the plan to deploy fake electors for Mr. Trump in Georgia and other swing states, starts on Monday. Ms. Powell and Mr. Chesebro demanded a speedy trial, their right under Georgia law, while Mr. Trump and most other defendants are likely to be tried much later.Ms. Powell’s vow during a Fox Business Network appearance in 2020 to “release the kraken,” or a trove of phantom evidence proving that Mr. Trump had won, went viral after the election, though the trove never materialized. The next year, after Dominion Voting Systems sued her and a number of others for defamation, Ms. Powell’s lawyers argued that “no reasonable person would conclude” that some of her wilder statements “were truly statements of fact.”That led the office of Brad Raffensperger, Georgia’s Republican secretary of state, to crow that “The Kraken Cracks Under Pressure,” and precipitated a spoof of Ms. Powell on Saturday Night Live.Not all are convinced that her conduct veered into criminality.“You have to separate crazy theories from criminal conspiracies,” said Harvey Silverglate, a Boston-area lawyer and civil liberties advocate who has a unique perspective: He is representing John Eastman, another lawyer-defendant in the case, and is a co-author of a 2019 book with Ms. Powell that looked at prosecutorial overreach.“That’s the big dividing line in this whole prosecution — what is criminal and what is wacky, or clearly erroneous or overreaching,” Mr. Silverglate said.Ms. Powell, he added, is “in a tougher position” than his own client, because the accusations against her go beyond the notion that she merely gave legal advice to the Trump campaign as it sought to overturn Mr. Biden’s win. But Mr. Silverglate also said he didn’t think prosecutors would win any convictions in the Georgia case or the three other criminal cases against Mr. Trump in New York, Florida and Washington, given how politicized the trials will be.“I think in any jurisdiction — even Washington, D.C. — you will have at least one holdout,” he said.Ms. Powell is a North Carolina native and a onetime Democrat who spent a decade as a federal prosecutor in Texas and Virginia before establishing her own defense practice. In 2014, she wrote a book, “Licensed to Lie: Exposing Corruption in the Department of Justice.” She billed it as an exposé of a department riddled with prosecutors who used “strong-arm, illegal, and unethical tactics” in their “narcissistic pursuit of power.”Ms. Powell appeared on Mr. Trump’s radar when she represented his national security adviser, Michael Flynn, who in 2017 pleaded guilty to lying to federal investigators about his contacts with Russia’s ambassador to the United States during the presidential transition. He later tried to withdraw the plea.Ms. Powell, appearing on Fox News, argued that the case should never have been brought and that the F.B.I. and prosecutors “broke all the rules.” Mr. Trump would go on to pardon Mr. Flynn a few weeks after losing the 2020 election.On election night itself, Ms. Powell was at the White House watching the returns come in, according to her testimony to House investigators. When they asked what her relationship with Mr. Trump had been, she declined to answer, she said, because of “attorney-client privilege.”By Nov. 14, Mr. Trump, in a tweet, specifically referred to Ms. Powell as a member of his “truly great team.” Ms. Powell’s lawyer has pointed out that she was not paid by the Trump campaign. But the Trump connection helped her raise millions of dollars for Defending the Republic, her nonprofit group that is dedicated in part to fighting election fraud.Around that time, Ms. Powell, Mr. Flynn and other conspiracy-minded Trump supporters began meeting at a South Carolina plantation owned by L. Lin Wood, a well-known plaintiff’s attorney. According to the Georgia Bureau of Investigation file, it was decided there that an Atlanta-based technology firm, SullivanStrickler, “would be used to capture forensic images from voting machines across the nation to support litigation” and that “Powell funded SullivanStrickler’s efforts.”By late November, the Trump team grew exasperated with Ms. Powell’s wild claims and publicly cut ties. But the schism was short-lived; she would make several trips to the White House in the weeks that followed.On Dec. 18, Ms. Powell attended a heated Oval Office meeting with Mr. Trump and Mr. Giuliani that the Georgia indictment lists as an “overt act” in furtherance of the election interference conspiracy. According to the Georgia indictment, they discussed “seizing voting machines” as well as possibly naming Ms. Powell a special counsel to investigate allegations of voter fraud, though the appointment was never made.Sidney Powell appeared on a screen during a July 2022 hearing of the House committee investigating the Jan. 6 attacks.Doug Mills/The New York TimesOn Jan. 7, a number of Trump allies, along with SullivanStrickler employees, traveled to Coffee County. “We scanned every freaking ballot,” Scott Hall, a Georgia bail bondsman who made the trip, recalled in a recorded phone conversation at the time. He pleaded guilty to five misdemeanors last month and agreed to cooperate with prosecutors.Misty Hampton, a defendant in the racketeering case who was the Coffee County elections administrator, welcomed the Trump-aligned team into the building. But the Georgia Bureau of Investigation file makes clear that the county election board did not officially approve the visit and that local officials lacked authority over the voting equipment. (Ms. Hampton, Ms. Powell and other Fulton County defendants are among the subjects of the state investigation listed in the G.B.I. file, as is Katherine Friess, a lawyer who worked with Mr. Giuliani after the election.)While SullivanStrickler didn’t deal exclusively with Ms. Powell, a number of the firm’s employees have asserted that Ms. Powell was the client for its work copying the Coffee County election data, according to the G.B.I. investigation.“The defense’s stance that Sidney Powell was not aware of the Coffee County breaches is preposterous,” said Marilyn Marks, executive director of the Coalition for Good Governance, a plaintiff in civil litigation over Georgia’s voting security that unearthed much of what happened in Coffee County.According to the racketeering indictment, the data copied that day included “ballot images, voting equipment software and personal voter information.” SullivanStrickler invoiced Ms. Powell more than $26,000 for its work, and her organization, Defending the Republic, paid the bill.Mr. Raffensperger, the secretary of state, subsequently replaced Coffee County’s voting machines and said that “the unauthorized access to the equipment” had violated Georgia law. 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    Trump Endorses Gov. Jim Justice in West Virginia Senate Race

    The endorsement is a blow to the governor’s rival for the Republican nomination as the Democrat, Senator Joe Manchin III, weighs whether to seek re-election.Former President Donald J. Trump endorsed Gov. Jim Justice of West Virginia for senator, in a race that is widely viewed as a prime pickup opportunity as Republicans seek to reclaim control of the Senate.Mr. Trump, in a post on Truth Social on Wednesday evening, praised Mr. Justice’s stances on issues including the southern border, energy policy and the economy. “Big Jim will be a Great UNITED STATES SENATOR, and has my Complete & Total Endorsement. HE WILL NEVER LET YOU DOWN!!!” Mr. Trump wrote.The endorsement was a blow to Representative Alex Mooney, another Republican running for the seat, whom Mr. Trump endorsed in his congressional race last year.Mr. Justice, a popular two-term governor, announced his bid in April for the seat held by Senator Joe Manchin III, who is seen as one of the most vulnerable Democrats facing re-election in 2024 as Democrats hold the chamber by a tight 51-49 margin. Mr. Trump won West Virginia in the 2020 election by nearly 40 percentage points.Mr. Manchin has not yet announced if he will seek re-election, and the race is marked as a tossup by the nonpartisan Cook Political Report.Shortly after the endorsement, Mr. Justice shared a screenshot of the Truth Social post on X, formerly known as Twitter, along with a fund-raising link, writing: “I’m endorsed by @realDonaldTrump. I’m the only American First Republican candidate for U.S. Senate in West Virginia.”As Mr. Trump mounts his presidential bid, he has made few endorsements in the 2024 election cycle — a departure from the 2022 midterm cycle, when he endorsed several losing candidates in important swing states.In addition to supporting Mr. Justice, he has endorsed Kari Lake — who unsuccessfully ran for governor of Arizona with his endorsement last year — in her race for the seat held by Senator Kyrsten Sinema. More

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    The Debate Over How Dangerous Trump Rages On

    “Democracy is a system in which parties lose elections,” Adam Przeworski, a political scientist at N.Y.U., wrote in 1991 — a definition that would prove prescient in the wake of the 2020 election.“Outcomes of the democratic process are uncertain, indeterminate ex ante,” Przeworski continued. “There is competition, organized by rules. And there are periodic winners and losers.”Presumably, Donald Trump has no idea who Adam Przeworski is, but Trump refused to accept the Przeworski dictum in the aftermath of his 2020 defeat, claiming victory despite all evidence to the contrary.Trump’s success in persuading a majority of Republicans of the legitimacy of his palpably false claims has revealed the vulnerability of American institutions to a subversion of democratic norms. That much is well known.These questions were gaining salience even before the 2020 election. As Lilliana Mason, a political scientist at Johns Hopkins, explains in her 2018 book, “Uncivil Agreement: How Politics Became Our Identity”:The election of Trump is the culmination of a process by which the American electorate has become deeply socially divided along partisan lines. As the parties have grown racially, religiously, and socially distant from one another, a new kind of social discord has been growing. The increasing political divide has allowed political, public, electoral, and national norms to be broken with little to no consequence. The norms of racial, religious, and cultural respect have deteriorated. Partisan battles have helped organize Americans’ distrust for “the other” in politically powerful ways. In this political environment, a candidate who picks up the banner of “us versus them” and “winning versus losing” is almost guaranteed to tap into a current of resentment and anger across racial, religious, and cultural lines, which have recently divided neatly by party.Most recently, these questions have been pushed to the fore by two political scientists at Harvard, Steven Levitsky and Daniel Ziblatt, who published “Tyranny of the Minority” a month ago.Their thesis:By 2016, America was on the brink of a genuinely multiracial democracy — one that could serve as a model for diverse societies across the world. But just as this new democratic experiment was beginning to take root, America experienced an authoritarian backlash so fierce that it shook the foundations of the republic, leaving our allies across the world worried about whether the country had any democratic future at all.This authoritarian backlash, Levitsky and Ziblatt write, “leads us to another unsettling truth. Part of the problem we face today lies in something many of us venerate: our Constitution.”Flaws in the Constitution, they argue,now imperil our democracy. Designed in a pre-democratic era, the U.S. Constitution allows partisan minorities to routinely thwart majorities, and sometimes even govern them. Institutions that empower partisan minorities can become instruments of minority rule. And they are especially dangerous when they are in the hands of extremist or antidemocratic partisan minorities.The Levitsky and Ziblatt thesis has both strong supporters and strong critics.In an essay published this month, “Vetocracy and the Decline of American Global Power: Minority Rule Is the Order in American Politics Today,” Francis Fukuyama, a senior fellow at Stanford’s Freeman Spogli Institute for International Studies, argues:America has become a vetocracy, or rule by veto. Its political system spreads power out very broadly, in ways that give many individual players the power to stop things. By contrast it provides few mechanisms to force collective decisions reflecting the will of the majority.When combined with the extreme degree of polarization in the underlying society, Fukuyama goes on, “this leads to total gridlock where basic functions of government like deliberating on and passing yearly budgets become nearly impossible.”Fukuyama cites the ongoing struggle of House Republicans to elect a speaker — with the far-right faction dead set against a centrist choice — as a case study of vetocracy at work:The ability of a single extremist member of the House to topple the speaker and shut down Congress’ ability to legislate is not the only manifestation of vetocracy on display in 2023. The Senate has a rule that gives any individual senator the right to in effect block any executive branch appointment for any reason.In addition, the Senate requires “a supermajority of 60 votes to call the question, making routine legislating very difficult.”I asked Fukuyama whether America’s current problems stem, to some extent, from the constitutional protection of the interests of minority factions (meant here the way it’s used in Federalist 10).He replied by email: “The large numbers of checks and balances built into our system did not present insuperable obstacles to governance until the deepening of polarization in the mid-1990s.”Sanford Levinson, a law professor at the University of Texas, makes a different argument: “I think that our current problems are directly traceable to deficiencies in the formal structures of the American political system as set out in 1787 and too infrequently amended thereafter.”In his 2008 book, “Our Undemocratic Constitution,” Levinson writes, “I have become ever more despondent about many structural provisions of the Constitution that place almost insurmountable barriers in the way of any acceptable notion of democracy.”In support of his thesis, Levinson asks readers to respond to a series of questions “by way of preparing yourself to scrutinize the adequacy of today’s Constitution”:Do you support giving Wyoming the same number of votes in the Senate as California which has roughly seventy times the population? Are you comfortable with an Electoral College that has regularly placed in the White House candidates who did not get a majority and, in at least two — now three — cases over the past 50 years did not even come in first? Are you concerned that the president might have too much power, whether to spy on Americans without any congressional or judicial authorization or to frustrate the will of the majority of both houses of Congress by vetoing legislation with which he disagrees on political ground?Pessimistic assessments of the capacity of the American political system to withstand extremist challenge are by no means ubiquitous among the nation’s scholars; many point to the strength of the judiciary in rejecting the Trump campaign’s claims of election fraud and to the 2022 defeat of prominent proponents of “the big lie.” In this view, the system of checks and balances is still working.Kurt Weyland, a political scientist at the University of Texas-Austin, is the author of the forthcoming book “Democracy’s Resilience to Populism’s Threat.” Weyland contended by email that instead of treating the “United States’ counter-majoritarian institutions as a big problem, firm checks and balances have served as a safeguard against the very real threats posed by Trump’s populism.”Weyland continued:Without independent and powerful courts; without independent state and city governments; without federalism, which precluded central-gov’t interference in the electoral system; and without a bicameral congress, in which even Republicans slowed down Trump by dragging their feet; without all these aspects of US counter-majoritarianism, Trump could have done significantly more damage to U.S. democracy.Polarization, Wayland argued, is a double-edged sword:In a counter-majoritarian system, it brings stalemate and gridlock that allows a populist leader like Trump to claim, “Only I can do it,” namely cut through this Gordian knot, with “highly problematic” miracle cures like “Build the Wall.’ ”But at the same time, Weyland continued,Polarization has one — unexpected — beneficial effect, namely, to severely limit the popular support that Trump could ever win: Very few Democrats would ever support him! Thus, whereas other undemocratic populists like Peru’s Fujimori, Venezuela’s Chavez, or now El Salvador’s Bukele won overwhelming mass support — 70-90 percent approval — and used it to push aside liberal obstacles to their insatiable power hunger, Trump never even reached 50 percent. A populist who’s not very popular simply cannot do that much damage to democracy.Along similar lines, Frances Lee, a political scientist at Princeton, argues in a 2019 paper, “Populism and the American Party System: Opportunities and Constraints,” that compared with most other democracies, “the U.S. system offers much less opportunity for organized populist parties but more opportunity for populist candidacies.”The two major parties, Lee continues, are more “vulnerable to populist insurgency than at other points in U.S. history because of (1) changes in communications technology, (2) the unpopularity of mainstream parties and party leaders and (3) representation gaps created by an increasingly racialized party system.”At the same time, according to Lee, “the U.S. constitutional system impedes authoritarian populism, just as it obstructs party power generally. But the vulnerability of the major parties to populist insurgency poses a threat to liberal democratic norms in the United States, just as it does elsewhere.”American public opinion, in Lee’s view, “cannot be relied on as a bulwark of liberal rights capable of resisting populism’s tendencies toward authoritarianism and anti-pluralism.”While the U.S. electoral system “has long been unfavorable to insurgent or third parties, including populist parties,” Lee writes, the avenue to political power lies in the primary nomination process:The American system of nominations subjects the major parties to radically open internal competition through primary elections. The combined result of these electoral rules is that populists win more favorable outcomes in intraparty competition than in interparty competition.In one area of agreement with Levitsky and Ziblatt, Lee makes the case that the diminishing — that is, veiled — emphasis of previous generations of Republican leaders on divisive issues of race, ethnicity and immigration provided a crucial opening for Trump.“Before 2016, the national leadership of the Republican and Democratic Parties had been trending toward closer convergence on policy issues relating to race and ethnicity, both in terms of party positions and rhetoric,” she writes, adding that “before 2016, the two parties also did not offer clear alternatives on immigration.”This shift to a covert rather than an overt approach to racial issues created an opening for Trump to run as a broadly “anti-elite” candidate representing the views of the white working class.“Willing to violate norms against the use of racialized rhetoric, Trump was able to offer primary voters a product that other Republican elites refused to supply,” Lee writes. “Those appeals strengthened his populist, anti-elite credentials and probably contributed to his success in winning the nomination.”There is a third line of analysis that places a strong emphasis on the economic upheaval produced by the transition from a manufacturing economy to a technologically based knowledge economy.In their June 2023 article “The Revival of U.S. Populism: How 39 Years of Manufacturing Losses and Educational Gains Reshaped the Electoral Map,” Scott Abrahams and Frank Levy, economists at Louisiana State University and M.I.T., make the case that polarization and institutional gridlock have roots dating back more than four decades:The current revival of right-wing populism in the United States reaches back to 1980, a year that marked a broad shift in national production and the demand for labor. In that year, manufacturing employment began a long decline and the wage gap between college and high school graduates began a long expansion.The result, Abrahams and Levy contend:was a growing geographic alignment of income, educational attainment and, increasingly, cultural values. The alignment reinforced urban/rural and coastal/interior distinctions and contributed to both the politicization of a four-year college degree and the perception of educated “elites” or “coastal elites” — central parts of today’s populist rhetoric.Abrahams and Levy conclude: “If our argument is correct, it has taken almost 40 years to reach our current level of polarization. If history is a guide, it won’t quickly disappear.”Herbert Kitschelt, a political scientist at Duke, argued in an email that the strains on the American political system grow out of the interaction between divisive economic and cultural trends and the empowerment of racial and ethnic minorities: “The inevitable emerging socio-economic divisions in the transition to knowledge societies — propelled by capitalist creative destruction — and the sociocultural kinship divisions develop a politically explosive stew due to the nature of U.S. political institutions.”On one side, Kitschelt wrote, “Technological innovation and economic demand patterns have led to a substitution of humans in routine tasks jobs by ‘code’ and machines — whether in manufacturing or services/white collar occupations. These precipitate wage stagnation and decline.”On the other side, “There is a revolution of kinship relations that got underway with the access of women to higher education in the 1950s and 1960s. This has led to a questioning of traditional paternalistic family relations and triggered a reframing of gender conceptions and relations, as well as the nature and significance of procreation and socialization of the next generation.”The interaction, Kitschelt continued, “of socio-economic anxiety-promoting decline amplified by rapid demographic erosion of the share of white Anglo-Saxon ethnics, and cultural stress due to challenges of paternalist kinship relations and advances of secularization have given rise to the toxic amalgam of white Christian nationalism. It has become a backbone and transmission belt of right-wing populism in the U.S.”At the same time, Kitschelt acknowledged, “Levitsky and Ziblatt are absolutely right that it is the circumstances of enslavement at the founding moment of U.S. independence and democracy that created a system of governance that enable a determined minority (the enslavers) to maintain a status quo of domination, exploitation, and dehumanization of a whole tier of members of society which could not be undone within the locked-in web of institutional rules.”To support his argument, Kitschelt cited “the process in which Trump was chosen as U.S. president”:Roughly 10 percent of registered voters nationwide participated in the Republican presidential primaries in 2016. The plurality primary winner, Donald Trump, rallied just 3-5 percent of U.S. registered voters to endorse his candidacy and thereby sail on to the Republican Party nomination. These 3-5 percent of the U.S. registered voters — or 2-4 percent of the U.S. adult residential population — then made it possible for Trump to lose the popular vote but win the Electoral College majority.All of which gets us back to the Przeworski dictum with which I began this column, that “democracy is a system in which parties lose elections.”Przeworski’s claim, Henry Farrell, a political scientist at Johns Hopkins, writes in an essay published last month, “inspired a lot of political scientists to use game theory to determine the conditions under which democracy was ‘self-enforcing’: that is, how everyone’s beliefs and actions might line up to make democracy a self-fulfilling prophecy.”At the same time, Farrell continues, “his argument powerfully suggests a theory of democratic fragility, too.” What happens when “some powerful organized force, such as a political party, may look to overturn democratic outcomes” or “such a force may look to ‘drastically reduce the confidence of other actors in democratic institutions’”?At that point, as the two parties react to each other, Farrell suggests, “democracy can become self-unraveling rather than self-enforcing”:If you (as say the leader of the Republican Party) look to overturn an election result through encouraging your supporters to invade the U.S. Capitol, and claim that the election was a con, then I (as a Democratic Party leader) am plausibly going to guess that my chances of ever getting elected again will shrivel into nonexistence if you gain political power again and are able to rig the system. That may lead me to be less willing to play by the rules, leading to further collapse of confidence on your part and so on, in a downward spiral.In other words, with a majority of Republicans aligned with an authoritarian leader, Democrats will be the group to watch if Trump wins re-election in November 2024, especially so if Republicans win control of both the House and Senate.While such a turn of events would replicate the 2016 election results, Democrats now know much more about what an across-the-board Republican victory would mean as Trump and his allies have more or less announced their plans for 2025 if they win in 2024: the empowerment of a party determined to politicize the civil service, a party committed to use the Department of Justice and other agencies to punish Democrats, a party prepared to change the rules of elections to guarantee the retention of its majorities.In a report last month, “24 for ’24: Urgent Recommendations in Law, Media, Politics and Tech for Fair and Legitimate 2024 U.S. Elections,” an ad hoc committee convened by the Safeguarding Democracy Project and U.C.L.A. Law School warned:“The 2020 elections confirmed that confidence in the fairness and legitimacy of the election system in the United States can no longer be taken for granted. Without the losing side accepting the results of a fair election as legitimate, the social fabric that holds democracy together can fray or tear.”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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    Here’s How Joe Biden Can Win Again

    President Biden’s age is on the minds of American voters as they think about the 2024 election. It’s no wonder: In a poll I did last year, there was broad support (63 percent of Democrats, 55 percent of Republicans and 61 percent of independents) for establishing an upper age limit of 70 for any person to be sworn in as president. This past July, a Pew Research Center survey found that about half of respondents believed the best age range for a U.S. president was in the 50s — well below Mr. Biden’s 80 and Donald Trump’s 77.As a pollster and strategist who has been involved in four Democratic presidential campaigns, including Barack Obama’s re-election campaign in 2012, I don’t believe that age will determine this election. But it is a formidable reality that Mr. Biden and his team must deal with and transcend, just as Ronald Reagan did at age 73 in his 1984 re-election race. Mr. Reagan passed that test, removing age as a distraction for his campaign and voters and making the contest about “morning in America,” our economic turnaround and our leadership in the world. The 2024 election is going to hinge similarly on core issues and a vision that speaks directly to the lives and hopes of voters.Getting past the age question won’t be easy. It will involve persuading voters in memorable ways and will require a deft touch. But this is a winnable race for the president, even if it sometimes seems his team is shielding him from the public. The fact is, he’s old. A failure to confront the issue risks reinforcing that impression rather than overcoming it. Americans will be watching him closely in big moments, like his trip to Israel this week to deal with one of the most significant crises of his presidency. The Biden team needs to get the president out in front of the public more, finding opportunities for him to talk about age with a directness and confidence that convinces people it isn’t the core issue. Talk about it now so you aren’t talking about it next summer, then use the fall debates in 2024 to deliver a Reaganesque line that puts the topic to bed.If Mr. Trump becomes Mr. Biden’s opponent, this task is simpler. They’re both old, so I think the question of age will become moot for a lot of voters. Winning presidential candidates learn quickly not to launch attacks that can come back and bite them. Take Mitt Romney’s debate-stage effort in 2012 to cast Mr. Obama as unfit to be commander in chief over his handling of a deadly attack on the U.S. diplomatic mission in Benghazi, Libya. Mr. Obama’s stinging response won the president headlines praising his smackdown performance: “While we were still dealing with our diplomats being threatened, Governor Romney put out a press release, trying to make political points, and that’s not how a commander in chief operates,” Mr. Obama said.It’s likely that many independent and swing voters will be less concerned with Mr. Biden’s and Mr. Trump’s ages than about the preponderance of legal issues facing Mr. Trump, which would seem to give Democrats the edge. Despite his dominance in the Republican race, a poll my firm conducted shortly after he was indicted on criminal charges for the fourth time found that 24 percent of his party’s voters said his legal issues made them less likely to vote for him. That’s four times the 6 percent of Republicans who defected from him in 2020. Even worse for Mr. Trump, 61 percent of independent voters said his legal problems made them less likely to vote for him.The RealClearPolitics polling average currently shows Mr. Trump up by less than a point over Mr. Biden, 45.3 percent to 44.5 percent. A year ahead of the election, that’s meaningless information. The party of Hillary Clinton has learned the hard way not to take a slight polling edge for granted. I was Mrs. Clinton’s pollster in 2016, when public polling had her about two percentage points ahead of Mr. Trump. She won 48 percent of the vote to his 45.9 percent but, of course, lost the Electoral College by losing three battleground states that are crucial for Democrats in presidential campaigns. The campaign’s leadership had ordered a stop to most in-depth polls in those battlegrounds during October, which left us blind to the state of play.Our country has split down the middle in its politics for decades now. When I was on Bill Clinton’s polling team for his 1996 re-election campaign, he won with 49.2 percent of the vote. When I was the lead pollster on Mr. Obama’s team in 2008, he won with 52.9 percent of the vote; in 2012 he won with 51.1 percent of the vote, making him only the fourth president in over a century to be elected and re-elected with more than 50 percent.So what will it take for Mr. Biden to win? From both wins and losses, I’ve learned that there are three things every candidate needs to remember: Campaigns are about big things, not small things. Campaigns are about the future, not the past. And campaigns are about the voters’ lives, not the candidate’s.For Mr. Biden, following that mantra means making this election a forward-looking choice built on a contrast of economic vision and values. More important, it means leaning into his greatest asset: his long record of working across the aisle.He built his career on doing the hard work of compromising with the other side to get things done for the American people. Since he took office in 2021, he won passage of the $1 trillion bipartisan infrastructure law to repair the nation’s roads, bridges and railways; bring high-speed internet to rural communities; and more, an achievement made possible by 32 Republicans who crossed the aisle (13 in the House and 19 in the Senate). He signed the most significant gun-safety legislation to pass Congress in nearly 30 years, with 29 votes from Republicans (14 in the House and 15 in the Senate).Those numbers may not sound like much, but in a country exhausted by political division and with him most likely up against a Republican opponent whose only game is to divide, it’s a critical advantage. By focusing on bipartisanship and doing less name calling about MAGA and the right, he would not just recite his accomplishments; he would bring focus to what government can do for the American people when both sides work together.Mr. Biden should also lean on his gifts of public empathy. Joe from Scranton is someone who understands that we can’t keep telling people that what they see and feel isn’t real. Month after month, the economic numbers of his presidency have provided evidence that our economy is recovering and our society is stable.But public opinion polling shows many Americans experiencing a sense of corrosive instability — worry that our rapidly changing economy and technological world may leave them behind, coupled with fears about crime and immigration. Connecting with those voters is about providing them with the tangible evidence that you’ve heard them, that you’re invested in improving their lives and that you have a vision for governing that addresses their fears and will create a better future for them and their families.During Mr. Obama’s 2012 campaign, we faced a similar disconnect. The country was still in the throes of an economic crisis that began before he took office in 2009. We knew we couldn’t overstate claims about the improving economy because people weren’t feeling it yet. The campaign needed to focus on the future and lift up working- and middle-class Americans in a way that Mr. Romney, with his private-equity background, could not effectively rebut.From our research, we developed key principles for the campaign: Talk about a country facing a make-or-break moment for the middle class and those striving to get there. Talk about the importance of building an economy from the middle out, not the top down. Talk about an economy in which hard work pays, responsibility is rewarded and everyone gets a fair shot and a fair shake.One thing Mr. Biden should stop talking about: Mr. Trump. It’s tempting. It’s the red meat his base wants. But it’s not the job. The months of Republican debates and headlines about court cases against the former president will inflict damage without Mr. Biden having to say a word.Come August — when most Americans start paying attention to a November presidential election — if Mr. Trump is indeed the G.O.P. candidate, he can be depended on to continue his campaign of doom, destruction and despair.But despite the aberration of the 2016 election, I believe Americans want to hear about the values and beliefs that bring us together, not the things that drive us apart. Mr. Biden is uniquely able to communicate a credible message of hope that we might again be a country that works together rather than a nation that is mired in perpetual division. He is a man I know to be an optimist by nature, and he believes unity trumps division. So do I.Joel Benenson is a veteran Democratic adviser who was the pollster on Barack Obama’s 2008 and 2012 presidential campaigns and chief strategist and pollster on Hillary Clinton’s 2016 presidential campaign.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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    Trump Vows to Reject Gazan Refugees After Israel Attack

    Mr. Trump, in an Iowa speech, further retreated from his criticism of Israel and did not repeat his comments about Hezbollah that prompted condemnation from political rivals.Former President Donald J. Trump, in remarks that invoked the deadly Hamas attacks on Israel to stoke fears of terrorism at home, said on Monday that he would expand a freeze on refugees that he enacted during his presidency to cover people from the Palestinian territory of Gaza.In an extension of the anti-Muslim and anti-immigrant sentiments he channeled during his 2016 presidential run and made a cornerstone of his administration, Mr. Trump offered a litany of proposals that in many ways adapted his previous policies to reflect current events. He promised again to bar people from certain parts of the world, particularly where Islam is most commonly practiced, while curbing immigration and the overall number of refugees the United States would take in.“We aren’t bringing in anyone from Gaza,” Mr. Trump said at a rally in Clive, Iowa, a suburb of Des Moines.Referring to recent demonstrations protesting Israel’s retaliatory bombardment of Gaza and supporting civilians in the region caught up in conflict, Mr. Trump promised to send Immigration and Customs Enforcement agents to what he called “pro-jihadist” rallies. He also proposed that immigrants be denied entry to the United States if they adhered to a laundry list of ideologies.“If you empathize with radical Islamic terrorists and extremists, you’re disqualified,” Mr. Trump said. “If you want to abolish the state of Israel, you’re disqualified.”So, too, would be people who supported Hamas “or any ideology that’s having to do with that,” he said, and anyone who was a “communist, Marxist or fascist.”Mr. Trump did not explain how the country would carry out or enforce such a screening, an idea he proposed in a slightly different form during his 2016 campaign. Nor did he elaborate on a separate proposal that included deporting “resident aliens” — which includes legal U.S. residents — with “jihadist sympathies.”“We have to. Or we’re going to have a country that’s going to be blown to shreds. Because bad things are happening. Millions and millions of people have come into our country, and nobody has any idea where they’re from. Some from countries that nobody’s ever heard of,” Mr. Trump said.Mr. Trump also said his administration would revoke the visas of “radical anti-American and antisemitic foreigners” like those involved in pro-Palestinian demonstrations, saying that foreign nationals at colleges and universities were “teaching your children hate.”Two other Republican contenders, Gov. Ron DeSantis of Florida and Senator Tim Scott of South Carolina, both said in interviews on Monday that they favored deporting foreign students who appeared to support Hamas.Mr. DeSantis, on Fox News Radio’s “Guy Benson Show,” also said he did not think refugees from Gaza should come to the United States. “The Arab countries should take them,” he said.Mr. Trump’s remarks, building on his vow this month to reinstate a travel ban he enacted while president, represent an attempt to further retreat from comments he made at a rally in Florida last week about Israel that prompted widespread criticism from political rivals.The Trump rally in Clive, Iowa, his second event in the state on Monday.Rachel Mummey for The New York TimesAfter lashing out at Israel’s prime minister, Benjamin Netanyahu, Mr. Trump suggested the Israeli military, which is now on the brink of invading the Gaza Strip, needed to “straighten it out.” He also called Hezbollah, the Iran-backed, anti-Israel militant group in Lebanon, “very smart.”Mr. Trump’s Republican opponents, who are eager for any edge that could help them close the yawning gap separating them from the former president in the polls, seized on his comments, condemning him for criticizing a country still reeling from a deadly terrorist attack.In the days since, Mr. Trump has repeatedly sought to clarify that he stands with the nation and Mr. Netanyahu.In a statement, Jaime Harrison, the chair of the Democratic National Committee, accused Mr. Trump of using language that could incite violence like the murder of a 6-year-old boy in Illinois that the authorities are calling an anti-Muslim hate crime.“Donald Trump is following up last week’s erratic behavior — criticizing Israel and praising their terrorist enemies — by now exploiting fear and anxiety in a shameless attempt to revive his widely rejected, extreme Muslim ban,” Mr. Harrison said.Mr. Trump did not speak at length about the conflict in Israel in his first campaign appearance on Monday, in Adel, Iowa, where he focused more on domestic issues, including his own.Speaking shortly after a judge imposed a limited gag order restricting some public statements that Mr. Trump can make related to the federal case over his efforts to overturn the 2020 election, he said he and his lawyers planned to fight the ruling.“They put a gag order on me, and I’m not supposed to be talking about things that bad people do, and so we’ll be appealing very quickly,” Mr. Trump said, in front of a pyramid of hay bales at the Dallas County Fairgrounds.He added, “I’ll be the only politician in history where I won’t be allowed to criticize people.” More

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    In Legal Peril at Home, Trump Turns to a U.K. Court for Vindication

    On a day when he lashed out at a federal judge in Washington, the former president asked a judge in London to let his lawsuit over the notorious Steele dossier go forward.Donald J. Trump was thousands of miles away from the vaulted chamber in Britain’s Royal Courts of Justice on Monday. But his words echoed in a lawsuit he has filed in London against Christopher Steele, a former British spy whose dossier of unproven links between Mr. Trump and Russia caused a political uproar back in 2017.“The inaccurate personal data in the Dossier has, and continues, to cause me significant damage and distress,” the former president said in a signed statement circulated by his lawyers. “A judgment of the English court on this issue will be an immense relief to me as it will completely confirm the true position to the public.”Mr. Trump’s words came on a day of trans-Atlantic legal maneuvering. At home, he lashed out against a judge in Washington who imposed a limited gag order on him in the federal case over his efforts to overturn the 2020 election. In London, lawyers for Mr. Trump invoked their client’s testimony to argue that Mr. Steele’s firm, Orbis Business Intelligence, had breached British data protection laws.This is the first case Mr. Trump has filed in Britain related to the dossier, published just before he took office, and it appears calculated to find more favorable legal terrain after a federal judge in Florida threw out a lawsuit last year that Mr. Trump filed against Mr. Steele, Hillary Clinton, and others, related to the Russia allegations.Mr. Trump’s lawyer, Hugh Tomlinson, said his client would give evidence in court if the justice, Karen Steyn, agreed to let the case go to trial. But a lawyer for Orbis argued that the court should throw out the case because the statute of limitations had expired on Mr. Trump’s claims of data protection violations.Antony White, the lawyer for Orbis, said any damage to Mr. Trump’s reputation resulted from the publication of the dossier by Buzzfeed in January 2017, over which Mr. Steele had no control. He also noted that Mr. Trump only brought his case in Britain after his case against Mr. Steele was dismissed in the United States.Mr. White suggested it was a pattern of frivolous litigation against Mr. Steele. He was in the courtroom, taking copious notes and nodding or shaking his head as his lawyers, and Mr. Trump’s, made their arguments on the first day of a two-day hearing.Christopher Steele, center, a former British spy whose dossier of unproven links between Mr. Trump and Russia caused a political uproar in 2017, leaving court after a hearing on Monday in London.Aaron Chown/Press Association, via Associated Press“The claim has no real prospect of success and there is no other compelling reason why it should proceed to a trial,” Mr. Steele’s lawyers said in a filing. “In any event, the claim should be struck out as an abuse of process because it has been brought for an illegitimate and vexatious purpose.”To be sure, none of the inflammatory allegations in Mr. Steele’s dossier — including reports that Mr. Trump made illicit payments to Russian officials or cavorted with prostitutes on visits to Russia — have been substantiated. The F.B.I. concluded that one of the key allegations — that Mr. Trump’s lawyer, Michael Cohen, had met with Russian officials in Prague during the campaign — was false.But Mr. Trump said that Mr. Steele has continued to argue that the dossier was accurate. He cited a post on X, formerly known as Twitter, last May, in which Mr. Steele said, “Our Trump-Russia reporting has not been ‘discredited.’ In fact its main tenets continue to hold up well and almost no detail has been disproven.”Mr. Trump denied that he had subjected Mr. Steele to what Mr. Steele called a “barrage of abuse and threats,” saying he had no role in reported cyberattacks on Mr. Steele’s business or in the publication of the home addresses of his children. Mr. Trump also claimed that Mr. Steele had impugned the reputation of his eldest daughter, Ivanka.“My daughter, Ivanka, is completely irrelevant to this claim and any mention of her only serves to distract this court from the defendant and Mr. Steele’s reckless behavior,” he said in his statement. “Any inference or allegation that Mr. Steele makes about my relationship with my daughter is untrue and disgraceful.”It was not clear what statements by Mr. Steele that Mr. Trump was citing. Mr. Steele exchanged emails with Ms. Trump a decade before her father ran for president, according to ABC News and CNN.Mr. Trump’s lawyer, Mr. Tomlinson, acknowledged his client was not given to subtlety or precision in his statements, and that Mr. Trump had a long history of litigation in the United States, not all of it successful. He uses language “more familiar to U.S. than U.K. political discourse,” he said.“It’s uncontroversial for me to say President Trump is a controversial figure,” he said. “He often expresses himself in very strong language.”But Mr. Tomlinson said Mr. Trump was entitled to be vindicated, and to receive at least nominal damages, for the reputational harm he had suffered from allegations that he said were entirely erroneous. Though Mr. Steele did not publish the dossier, he said, it would not have existed if he had not produced it.He pointed to a ruling in 2020, in which two Russian business moguls, Mikhail Fridman and Petr Aven, won damages of 18,000 pounds ($22,900) each from Mr. Steele’s firm after they argued that allegations about them in the dossier violated data protection laws.The court ruled that Orbis had “failed to take reasonable steps to verify” claims that Mr. Fridman and Mr. Aven, who controlled Alfa Bank, had made illicit payments to President Vladimir V. Putin of Russia, though the judge dismissed several other claims.Mr. Steele has not denied sharing the dossier with journalists. But he rejected the contention that he has sought to promote its contents since then.“I declined to provide any media interviews for three-and-a-half years after the publication of the dossier by Buzzfeed, despite being asked multiple times by major international media organizations,” he testified in a witness statement. “If I had wanted to ‘promote’ the dossier as Mr. Trump suggests, I obviously would have taken up those media opportunities.” More