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    Trump Says He Hopes Meadows Will Remain ‘Loyal’ to Him in Election Case

    The former president, who has been warned against saying anything that could influence witnesses in his election interference case, made the statements during an interview on “Meet the Press.”Former President Donald J. Trump said he hoped Mark Meadows — his final White House chief of staff and a co-defendant in a sweeping racketeering indictment in Georgia stemming from efforts to thwart the 2020 election — was still “loyal” to him.Mr. Trump made his comment during a lengthy interview with Kristen Welker, the new moderator of NBC’s “Meet The Press,” broadcast on Sunday morning. Mr. Trump has been warned by the federal judge in a case also stemming from his efforts to stay in office, brought against him by the special counsel Jack Smith, to avoid saying anything that might affect the testimony of witnesses. His comment about Mr. Meadows could attract new interest.A lawyer for Mr. Meadows did not immediately respond to a request for comment.Both Mr. Meadows and Mr. Trump are among 19 co-defendants in the Fulton County, Ga., indictment brought by the district attorney, Fani T. Willis. It accuses those charged with a criminal conspiracy to overturn Mr. Trump’s loss in the state in his re-election effort.“By the way, do you think your former chief of staff, Mark Meadows, is still loyal to you? He just pleaded not guilty in the Georgia case,” Ms. Welker asked.“Well, I hope he’s loyal to me,” Mr. Trump said.“Do you worry about him flipping?” Ms. Welker asked.“I mean, I didn’t do anything wrong,” Mr. Trump replied.Legal experts have suggested that prosecutors may push to have some of the defendants in the case plead guilty and become witnesses against others involved.Mr. Trump recorded the interview with Ms. Welker late last week. On Friday, a day after the interview, prosecutors asked the judge in the federal election interference case, Tanya S. Chutkan, for a limited gag order against Mr. Trump after weeks of attacks on the special counsel, among others.“Like his previous public disinformation campaign regarding the 2020 presidential election,” they wrote, “the defendant’s recent extrajudicial statements are intended to undermine public confidence in an institution — the judicial system — and to undermine confidence in and intimidate individuals — the court, the jury pool, witnesses and prosecutors,” Mr. Smith’s office wrote in the request, which they said they wanted to be narrowly tailored.Mr. Trump attacked Mr. Smith again shortly after the request was made, writing on his social media site, “I’m campaigning for President against an incompetent person who has WEAPONIZED the DOJ & FBI to go after his Political Opponent, & I am not allowed to COMMENT? How else would I explain that Jack Smith is DERANGED, or Crooked Joe is INCOMPETENT?”Judge Chutkan has yet to rule on the request.In his “Meet the Press” interview, Mr. Trump extensively reiterated his false claims that the 2020 election was stolen, despite facing indictment in both Georgia and Washington on the matter.When Ms. Welker pointed out to him that the most senior lawyers in his administration had told him following dozens of legal challenges that he had lost, and that he listened to outside groups of lawyers, Mr. Trump said it was because “I didn’t respect them.”“But I did respect others. I respected many others that said the election was rigged,” Mr. Trump said.And when Ms. Welker noted that he himself had reportedly said some of his outside lawyers had “crazy theories” about election interference, he replied, “You know who I listen to? Myself. I saw what happened. I watched that election, and I thought the election was over at 10 o’clock in the evening.”As she asked fresh questions, he went on: “My instincts are a big part of it. That’s been the thing that’s gotten me to where I am, my instincts. But I also listen to people. There are many lawyers. I could give you many books.” But ultimately, he told her, “It was my decision. But I listened to some people.”Mr. Trump’s statements were in keeping with — and yet could ultimately complicate — his efforts to raise what is known as an advice of counsel defense in the election interference case. Under the strategy, defendants seek to avoid liability for criminal charges by arguing that they were merely following the professional advice of their lawyers.Alan Feuer contributed reporting. More

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    Trump Says Abortion Ban DeSantis Signed Was ‘a Terrible Mistake’

    The former president, while denouncing his chief rival for the Republican nomination, also largely evaded questions on the issue.Former President Donald J. Trump, whose Supreme Court appointments led to the overturning of Roe v. Wade, harshly criticized his top rival in the Republican presidential primary, Gov. Ron DeSantis of Florida, for a six-week abortion ban that he called a “terrible thing.”Mr. Trump issued his broadside — which could turn off socially conservative Republican primary voters, especially in Iowa, where evangelicals are a crucial voting bloc — during an interview with the new host of NBC’s “Meet the Press,” Kristen Welker, that was broadcast on Sunday morning.Asked whether Mr. DeSantis went too far by signing a six-week abortion ban, Mr. Trump replied: “I think what he did is a terrible thing and a terrible mistake.”Since announcing his candidacy last November — just a week after Republicans underperformed expectations in midterm elections shaped by a backlash against the overturning of the abortion ruling — there has been no policy issue on which Mr. Trump has appeared more uncomfortable than on abortion.In interview after interview since the repeal of the landmark 1973 Roe v. Wade abortion ruling by the U.S. Supreme Court, Mr. Trump has ducked questions about whether he would support a federal ban on most abortions at 15 weeks — the baseline position of many Republicans, including the leading anti-abortion group, Susan B. Anthony Pro-Life America.With Ms. Welker on Sunday, Mr. Trump again refused to clarify his position.“What’s going to happen is you’re going to come up with a number of weeks or months,” Mr. Trump said. “You’re going to come up with a number that’s going to make people happy.”He made a far-fetched promise that as president he would “sit down with both sides” and negotiate a deal on abortion that would result in “peace on that issue for the first time in 52 years.”In reality, Mr. Trump — who years ago said he supported abortion rights before switching his position in 2011 as he considered a presidential campaign that year — appointed three conservative justices to the Supreme Court, providing a majority to reverse the Roe ruling. Democrats have made clear they plan to make Mr. Trump’s role in Roe’s end a key focus in the 2024 general election if he is the nominee.What’s more, Iowa’s popular Republican governor, Kim Reynolds, signed a measure similar to the one Mr. DeSantis made law. A spokesman for Ms. Reynolds did not respond to a request for comment.“This further confirms to Iowans this is not the same Trump we once knew,” said Steve Deace, a conservative Iowa talk show host who has endorsed Mr. DeSantis. “This Trump only attacks Republicans from the left.”Mr. Trump’s advisers are mindful that abortion was a political loser for Republicans in the 2022 midterm cycle. Mr. Trump himself, when a draft of the court opinion undoing Roe leaked publicly, told advisers it would hurt his party’s electoral chances.So as he looks ahead to the general election, Mr. Trump — the front-runner for his party’s nomination by a wide margin in national polls — has tried to avoid taking a clear position in the hopes of not alienating additional voters.“I’m almost like a mediator in this case,” Mr. Trump told Ms. Welker. Pushed on whether he would support a federal ban, he said: “It could be state or it could be federal. I don’t frankly care.”Marjorie Dannenfelser, the president of S.B.A. Pro-Life America, who had previously described Mr. Trump’s presidency as “the most consequential in American history for the pro-life cause,” indicated she was less than thrilled by Mr. Trump’s attack on Mr. DeSantis’s anti-abortion legislation. Yet she did not directly criticize him for it.“We’re at a moment where we need a human rights advocate, someone who is dedicated to saving lives of children and serving mothers in need,” Ms. Dannenfelser said on Sunday morning in response to Mr. Trump’s comments on “Meet the Press.” “Every single candidate should be clear on how they plan to do that.”She added, “It begins with focusing on extremes of the other side, and ambition and common sense on our own. Anything weaker than 15 weeks as a federal minimum standard makes no sense in this context.”A spokesman for Mr. DeSantis, Andrew Romeo, responded to Mr. Trump’s attack by criticizing the former president for suggesting he could negotiate with Democrats on abortion, adding that the “disastrous results of Donald Trump compromising with Democrats” while he was president included “$7 trillion in new debt” and “an unfinished border wall.”Former Vice President Mike Pence, a strict social conservative who has run to the right of everyone in the Republican presidential field on the abortion issue, cast his former running mate’s comments in stark moral terms.“Donald Trump continues to walk away from the pro-life legacy of our administration,” Mr. Pence said in a statement Sunday morning. “There’s no negotiating when it comes to the life of the unborn. We will not rest, we will not relent, until the sanctity of life is restored to the center of American law in every state in the nation.” More

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    Why Does the Republican Field All Sound the Same?

    There’s a late-summer-fade quality to the Republican primary contest, as if the candidates are passively sliding into the inevitability of a Biden-Trump rematch.Donald Trump and a variety of other people see the animating factor here as the indictments against him. “We need one more indictment to close out this election,” Mr. Trump joked last month. This is also the prism through which the other candidates get discussed: that they don’t criticize Mr. Trump much, especially over his indictments.But there’s a bigger and more claustrophobic reality to the fading quality of Ron DeSantis and all these other Republicans: It’s as if they constructed their identities as Trump alternatives and ended up all the same.Benjamin Wallace-Wells wrote this summer that Mr. DeSantis can sound generic next to Vivek Ramaswamy: They talk the same way about China and TikTok, about how they will use military force against the cartels in Mexico (even though this really sounds as if we will be going to war with Mexico), about the F.B.I.Two weeks before Mr. Wallace-Wells was in Iowa watching Mr. Ramaswamy make Mr. DeSantis sound generic, I heard Mr. DeSantis and Senator Tim Scott use a similar metaphor about the border — houses, which are being broken into — in events 18 hours apart. If we don’t control the border, it might not be our country, Mr. Scott said. We will repel the intrusion with force, Mr. DeSantis said. We will finish the wall, they said.“That’s why you see these things like weaponization of agencies, because nobody’s held them accountable,” Mr. DeSantis said. “I’m sick and tired of being sick and tired watching the weaponization of the D.O.J. against their political opponents, against pro-life activists,” Mr. Scott said. On Day 1, Mr. DeSantis said, we’ll have a new F.B.I. director. The first three things we have to do, Mr. Scott said, are fire Joe Biden, Merrick Garland and Christopher Wray. “You’re going to have housecleaning at the Department of Justice,” Mr. DeSantis said. “We should actually eliminate every single political appointee in all the Department of Justice,” said Mr. Scott, who wants to “purge” the politicization of the department for the benefit of all Americans. They walked off the stage to the same song (Darius Rucker’s cover of “Wagon Wheel”).It can be hard to remember what made Mr. Trump distinct eight years ago, because it has become the texture of our lives. The 1980s tabloid dimension of his language — weeping mothers, blood and carnage, rot and disease in institutions, brutal action — crushed the antiseptic piety and euphemisms of the post-Bush Republican Party. The lurid, fallen vision of American life that implicitly casts critics as naïve chumps or in on the corruption is the one we still occupy.Now they all sound kind of like that. Politicians’ impulse to shorthand and flatten major policies and controversies is eternal, but it’s not just that they use similar words. The way these politicians talk takes the old, once-novel Trump themes, aggressive energy and promises and packages them into indoctrination and the administrative state.At the event in July where Mr. DeSantis sounded so like Mr. Scott did the evening before, he was midway through a period that the campaign had signaled would be a reset. At first, speaking to a midday crowd in Iowa, Mr. DeSantis ventured onto different ground, talking about economic concerns, the cost of things, debt. But he ended up talking about woke ideology, the administrative state, Disney and all the rest. If you spend a few days in New Hampshire, seeing Mr. Ramaswamy here and Mr. DeSantis there, or the full field at something like Iowa’s Lincoln Dinner, you can imagine nearly the entire Republican presidential field, hands joined, heads turning at once and saying with one voice, “End the weaponization of the Justice Department.”This dynamic might be on display in its purest form on the subject of voting and elections, in the way what Mr. Trump cares about flows through the base and becomes the starting premise of what the other candidates talk about. Mr. DeSantis runs a state with well-regarded early voting and ballot-counting practices — one where Mr. Trump won twice, along with a bunch of down-ballot Republicans. He transformed widespread voter fraud, an (illusory) concern of Mr. Trump’s, into a unit that would address (rare) instances of voter fraud and arrested a handful of people, some of whom have said they had no reason to believe they couldn’t vote, to prove the point that he takes Mr. Trump’s fake concerns seriously.Practically every candidacy right now is about Mr. Trump: The protest candidates exist to oppose Mr. Trump; the alternatives basically seem constructed in the negative (Trump but nice, Trump but we’ve got to win the suburbs again, Trump but competent) and grown inside the Trump concerns lab. Here and there, the candidates talk about health care, education costs, the economic changes with artificial intelligence or anything that might be kitchen table — things that exist beyond Mr. Trump’s reach — but it’s amazing how little some of this stuff is emphasized beyond inflation and energy costs.During the August debate, the Fox News moderators put something Nikki Haley said — that trans kids playing girls’ sports is “the women’s issue of our time” — to a few candidates. When they asked Ms. Haley, she barely registered her own line and led with, in what seems to be her real voice: “There’s a lot of crazy, woke things happening in schools, but we’ve got to get these kids reading. If a child can’t read by third grade, they’re four times less likely to graduate high school.” She can oscillate a bit, in and out of past and present iterations of the G.O.P., but as David Weigel wrote this spring, she accepts the premise of the Trump era: “I am very aware of a deep state,” she told a voter who asked about her plans to dismantle it this spring. “It’s not just in D.C.; it’s in every one of our states.”And none of them are winning! It might be the indictments that have firmed up Mr. Trump’s support, but the inescapable sameness of the candidates, especially when they should sound and seem different, is real.The idea some conservatives had for Mr. DeSantis — including Mr. DeSantis — was that he would be a singular figure, uniting the people attracted to the statist aggression of Mr. Trump and the people looking to move beyond Mr. Trump. Fundamentally, this depended on the idea that Mr. DeSantis is distinct from Mr. Trump, which seems like a misunderstanding. His appeal for certain kinds of conservatives, particularly donors, depended then on a subtle trust that he would not go too far and could shift into some other plane of political operation.But they were never distinct figures; Mr. DeSantis’s rise in the party as a competent aggressor exists because of the Trump era and the things that Mr. Trump is and isn’t. He makes happen what Mr. Trump talks about. And, like all the others who have defined themselves by being an alternative to an individual who is still always present, he has ended up talking about the same things and sounding the same as most of the others. Mr. Trump created the air that everyone now breathes.Katherine Miller is a staff writer and editor in Opinion.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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    Democratic Leaders Are More Optimistic About Biden 2024 Than Voters

    Party leaders have rallied behind the president’s re-election bid, but as one top Democratic strategist put it, “The voters don’t want this, and that’s in poll after poll after poll.”As President Biden shifts his re-election campaign into higher gear, the strength of his candidacy is being tested by a striking divide between Democratic leaders, who are overwhelmingly unified behind his bid, and rank-and-file voters in the party who harbor persistent doubts about whether he is their best option.From the highest levels of the party on down, Democratic politicians and party officials have long dismissed the idea that Mr. Biden should have any credible primary challenger. Yet despite their efforts — and the president’s lack of a serious opponent within his party — they have been unable to dispel Democratic concerns about him that center largely on his age and vitality.The discord between the party’s elite and its voters leaves Democrats confronting a level of disunity over a president running for re-election not seen for decades.Interviews with more than a dozen strategists, elected officials and voters this past week, conversations with Democrats since Mr. Biden’s campaign began in April, and months of public polling data show that this disconnect has emerged as a defining obstacle for his candidacy, worrying Democrats from liberal enclaves to swing states to the halls of power in Washington.Mr. Biden’s campaign and his allies argue that much of the intraparty dissent will fade away next year, once the election becomes a clear choice between the president and former President Donald J. Trump, the dominant leader in the Republican primary field.But their assurances have not tamped down worries about Mr. Biden from some top Democratic strategists and many of the party’s voters, who approve of his performance but worry that Mr. Biden, who will be 82 on Inauguration Day, may simply not be up for another four years — or even the exhausting slog of another election.“The voters don’t want this, and that’s in poll after poll after poll,” said James Carville, a longtime party strategist, who worries that a lack of enthusiasm for Mr. Biden could lead to lower Democratic turnout in 2024. “You can’t look at what you look at and not feel some apprehension here.”James Carville, a longtime Democratic strategist, is among those who worry that the party’s voters are not enthusiastic enough about Mr. Biden’s re-election campaign.Raul E. Diego/Anadolu Agency, via Getty ImagesIn recent days, a barrage of grim news for Mr. Biden, including an autoworkers strike in the Midwest that poses a challenge to his economic agenda and the beginning of impeachment proceedings on Capitol Hill, has made this intraparty tension increasingly difficult to ignore. Those developments come amid a darkening polling picture, as recent surveys found that majorities of Democrats do not want him to run again, are open to an alternative in the primary and dread the idea of a Biden-Trump rematch.A CNN poll released this month found that 67 percent of Democrats would prefer Mr. Biden not be renominated, a higher percentage than in polling conducted by The New York Times and Siena College over the summer that found half would prefer someone else.In quiet conversations and off-the-record gatherings, Democratic officials frequently acknowledge their worries about Mr. Biden’s age and sagging approval ratings. But publicly, they project total confidence about his ability to lead and win.“It’s definitely got a paradoxical element to it,” said Gov. Phil Murphy of New Jersey, a Democrat who is among a group of governors who put aside their national ambitions to support Mr. Biden’s re-election bid. “This is only a matter of time until the broad party, and broadly speaking, Americans, converge with the opinions of folks like myself.”Many party officials say that Mr. Biden is making a high-stakes bet that the power of incumbency, a good political environment for his party and the fact that Democrats generally like the president will eventually outweigh the blaring signs of concern from loyal supporters. Any discussion of an alternative is little more than a fantasy, they say, since challenging Mr. Biden would not only appear disloyal but would also most likely fail — and potentially weaken the president’s general-election standing.One Democratic voter who backed Mr. Biden in 2020, James Collier, an accountant in Houston, sees the situation slightly differently. He said he would like Mr. Biden to clear the way for a new generation that could energize the party’s base.“I think he’s a little — not a little — he’s a lot old,” Mr. Collier, 57, said. “I’m hoping he would in his own mind think, ‘I need to sit this out and let someone else do this.’”There are no indications that anyone prominent will mount a late challenge to Mr. Biden, though strategists working for other elected officials say that a number of well-known politicians would probably jump into the race if, anytime before the end of the year, the president signaled he was not running.The situation is almost the opposite of the Republican field, where Mr. Trump holds a commanding lead among the party’s base but remains far less beloved by a political class that fears his unpopularity among moderate and swing voters will lead to defeat in 2024.William Owen, a Democratic National Committee member from Tennessee, was full of praise for Mr. Biden and said he was puzzled by surveys that consistently showed the president struggling to win over Democratic voters.“I’m looking at all the polling, and I’m amazed that it has so little to do with reality,” he said in an interview this past week. “A big part of it is just pure ageism. The American people are prejudiced against old people.”Yet in describing his interactions with Democrats around Knoxville, which he represented for years in the Tennessee legislature, Mr. Owen said he could not escape questions about Mr. Biden’s health.“People ask me: ‘How’s Joe doing? Will he last another four years?’” Mr. Owen said. “That’s the real question. Will Joe Biden last another four years? I’m happy to say, yes, he will. He’s going to live to be 103.”Officials in Mr. Biden’s campaign insist that hand-wringing about his age is driven by news coverage, not by voters’ concerns. They dismiss his low approval ratings and middling polling numbers as typical of an incumbent president more than a year away from Election Day.A campaign spokesman cited articles about Democrats’ fretting about President Barack Obama before his second term and noted the limitations of polls so far from an election, suggesting that Mr. Biden had ample time to make his case.“President Biden is delivering results, his agenda is popular with the American people and we are mobilizing our winning coalition of voters well ahead of next year’s general election,” said Kevin Munoz, the spokesman. “Next year’s election will be a stark choice between President Biden and the extreme, unpopular MAGA agenda.”Lt. Gov. Austin Davis of Pennsylvania, who is Black and has issued public warnings about Mr. Biden’s standing with Black voters, said that simply casting the election as a referendum on Mr. Trump and his right-wing movement — as Mr. Biden’s campaign did in 2020 — would not be enough to energize the Democratic base. Mr. Davis has urged the White House to be more aggressive about highlighting the impact of Mr. Biden’s accomplishments, particularly with Black voters.“Everyone is kind of exhausted by the fight between Biden and Trump,” he said. “People really want to hear leaders talk about how they’re going to improve the lives of their families.”Lt. Gov. Austin Davis of Pennsylvania has cautioned Democrats against framing the 2024 election as a referendum on former President Donald J. Trump.Matt Rourke/Associated PressOther Democrats argue that Mr. Biden’s campaign must make clearer that the stakes are bigger than just the president.“It’s about showing people that the future of American democracy is at stake,” said Representative Jennifer McClellan of Virginia, who is a member of the Biden campaign’s national advisory board. “It’s not just about which president can get through the day without tripping or stumbling over their words, which everybody is going to do, but which president is going to lead this country forward in a way that helps people solve problems and keeps American democracy intact.”Faiz Shakir, the campaign manager for Senator Bernie Sanders’s 2020 presidential bid, said Mr. Biden needed to show voters that he was fighting for the American public, pointing to battles like his administration’s legal fight with pharmaceutical companies over their new Medicare pricing plan.“The question that I would want to answer is, is he is a strong leader?” Mr. Shakir said. “When people see he is a strong leader, they will feel different about his age. They will feel different about the economy. They will feel different about a lot of things.”Malcolm Peterson, 34, a waiter in St. Paul, Minn., said he thought Mr. Biden had done a good job tackling issues related to climate change during his first term, but worried about the president’s outlook for a second term.Jenn Ackerman for The New York TimesMalcolm Peterson, a waiter from St. Paul, Minn., whose foremost political concern is climate change, said he generally approved of Mr. Biden’s work as president and thought he had done a good job tackling environmental issues. But he said he worried about whether the president would be able to continue that work in a second term.“I just wonder, because he’s quite old, what does he look like in another four years?” Mr. Peterson, 34, said. “I’m not a doctor. I just know what I’ve seen.” More

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    How Biden’s View on Presidential War Powers Has Shifted

    The president says he can direct limited military operations without lawmakers’ approval. Most G.O.P. presidential candidates, including Donald J. Trump, did not answer a survey on executive power.If he is elected to a second term, President Biden pledged that he will go to Congress to start any major war but said he believed he was empowered “to direct limited U.S. military operations abroad” without such approval when such strikes served critical American interests.“As president, I have taken great care to ensure that military actions carried out under my command comply with this constitutional framework and that my administration consults with Congress to the greatest extent possible,” he wrote in response to a New York Times survey of presidential candidates about executive power.“I will continue to rigorously apply this framework to any potential actions in the future,” he added.The reply stood in contrast to his answer in 2007, when he was also running for president and, as a senator, adopted a narrower view: “The Constitution is clear: Except in response to an attack or the imminent threat of attack, only Congress may authorize war and the use of force.”In the survey, The New York Times asked major presidential candidates to lay out their understanding of issues that can be critical to the outcome of policy fights but about which they are rarely asked: the scope and limits of a president’s power to act unilaterally or in defiance of statutes, particularly in war, secrecy and law enforcement.Mr. Biden’s answers showed how his view of executive power evolved over years in the White House — eight as Barack Obama’s vice president and now nearly three as president.Only a handful of candidates for the Republican nomination engaged in the survey, including former Vice President Mike Pence, former Gov. Asa Hutchinson of Arkansas and Mayor Francis Suarez of Miami before he suspended his campaign late last month.Vivek Ramaswamy, a businessman and entrepreneur, answered only about half of the 14 questions, and former President Donald J. Trump declined to participate altogether, as did Gov. Ron DeSantis of Florida and Nikki Haley, the former ambassador to the United Nations, among others.The Times has published in full the answers of participants, including Mr. Biden and two of his Democratic challengers, Robert F. Kennedy Jr. and Marianne Williamson.Notably, Mr. Biden declined to embrace the idea of curtailing emergency powers Congress enacted that presidents can activate if they declare that there are exigent circumstances, said Jack Goldsmith, a Harvard Law School professor and former senior Justice Department lawyer in the Bush administration.Mr. Trump invoked emergency powers to spend more on a border wall than lawmakers were willing to appropriate, and the Biden administration invoked the authority for a plan to forgive more than $400 million in student debt. (The Supreme Court struck down the proposal over the summer.) There are bipartisan proposals in Congress to impose new curbs, such as by ensuring that national emergencies terminate after 30 days unless lawmakers affirm a presidential declaration.Asked whether he would sign such a bill, Mr. Biden instead made a vague remark about “working with Congress on devising sensible solutions to the challenges we face as a nation.” He added that he would use every tool at his disposal to respond to emergencies.“If Biden is not open to reform — and his answer was as noncommittal as he could be without saying he was not open to it — then it is likely dead on arrival,” Professor Goldsmith said.On the topic of pardons, every candidate who answered the survey said that a president cannot pardon himself. While in office, Mr. Trump claimed he had a legal right to do so, but that is an ambiguous and untested constitutional question. It could become important if he wins the 2024 election even as he faces criminal charges in two federal cases.Former President Donald J. Trump claimed he had the legal right to pardon himself.Doug Mills/The New York TimesIndeed, while Mr. Trump did not participate in the survey, many of its questions addressed disputed assertions of executive power he made as president, and he and his allies are openly planning to expand his authority over the machinery of government if he wins in 2024. Mr. DeSantis has also pushed an expansive view of executive powers as Florida governor.The refusal by the two men and most other G.O.P. contenders to answer questions on the powers they are seeking from voters reflects a party shift that emerged in the 2016 primary, which Mr. Trump upended by becoming the front-runner ahead of establishment candidates.Other Republican presidential hopefuls in the current primary campaign who declined to answer the questions included Senator Tim Scott of South Carolina, Chris Christie, the former governor of New Jersey, Gov. Doug Burgum of North Dakota, and Will Hurd, a former representative of Texas.By contrast, most major Republican primary candidates in 2007 and 2011 were willing to answer the versions of the questions put to them those years, including the party’s eventual nominees, John McCain and Mitt Romney.Four years ago, 17 Democrats vying for their party’s nomination to challenge Mr. Trump also participated in the project. Mr. Biden was among them, making his answers this cycle the third time he has participated. (His willingness to do so as an incumbent seeking re-election also stood in contrast to Mr. Obama, who declined to participate in 2011.)In 2019, Mr. Biden had already shifted to embracing the view, adopted by the executive branch under administrations of both parties, that presidents have broader constitutional authority to carry out limited attacks on other countries without congressional authorization, so long as it falls short of full-scale war.As president, both Mr. Trump and Mr. Biden used force unilaterally, citing their claimed constitutional authority to use military force without congressional permission. In April 2017 and again in April 2018, Mr. Trump directed airstrikes against Syrian government forces, and Mr. Biden in June 2021 and in August 2022 directed airstrikes on Iranian-backed militia groups in Syria.Mr. Pence, who was vice president at the time of Mr. Trump’s strikes, said: “As commander in chief, the president has a constitutional duty to use his executive authority to protect the country from imminent threats. Whether a threat is imminent is a matter of judgment, and it is essential the president be a person of character, experience, and competence whose judgment the American people can trust.”To be sure, just because candidates commit to respecting a limit while on the campaign trail does not mean they will follow through once in office. But their legal policy statements can offer a way to analyze and bring attention to any departure from what they told voters.In 2019, for example, Mr. Biden said that if elected, he would order the Justice Department to review and potentially replace a legal policy memo that says sitting presidents are temporarily immune from indictment. He strongly criticized the department’s interpretation of the Constitution, which limited the special counsel investigating the Trump campaign’s ties to Russia and Mr. Trump’s attempts to impede that inquiry, Robert S. Mueller III.But Mr. Biden never followed through on that pledge. He is now protected himself by the Justice Department’s theory since a special counsel, Robert Hur, is investigating how several classified documents were in his possession when he left the vice presidency.In his survey answers this time, Mr. Biden sidestepped a question about that issue, instead offering a vague statement about Justice Department independence.“As president, I have fulfilled my campaign promise of restoring a strong and independent Department of Justice led by top-flight legal professionals dedicated to realizing the ideal that this nation was founded on of equal justice under the law,” he wrote. “This means no one is above the law — especially the president of the United States.” More

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    Biden Administration Aims to Trump-Proof the Federal Work Force

    If Donald Trump wins a second term, he and his allies want to revive a plan to allow a president to fire civil service workers who are supposed to be hired on merit. The Biden administration is trying to thwart it.When President Biden took office, he swiftly canceled an executive order his predecessor Donald J. Trump had issued that could have enabled Mr. Trump to fire tens of thousands of federal workers and replace them with loyalists. But Democrats never succeeded in enacting legislation to strengthen protections for the civil service system as a matter of law.Now, with Mr. Trump seemingly poised to win the G.O.P. nomination again, the Biden administration is instead trying to effectively Trump-proof the civil service with a new regulation.On Friday, the White House proposed a new rule that would make it more onerous to reinstate Mr. Trump’s old executive order if Mr. Trump or a like-minded Republican wins the 2024 election.But Trump allies who would most likely have senior roles in any second Trump administration shrugged off the proposed Biden rule, saying they could simply use the same rule-making process to roll back the new regulation and then proceed. Legal experts agreed.The proposed rule addresses the move Mr. Trump tried to make late in his presidency by issuing an executive order known in shorthand as Schedule F. It would have empowered his administration to effectively transform many career federal employees — who are supposed to be hired based on merit and cannot be arbitrarily fired — into political appointees who can be hired and fired at will.Career civil servants include professional staff across the government who stay on when the presidency changes hands. They vary widely, including law enforcement officers and technical experts at agencies that Congress created to make rules aimed at ensuring the air and water are clean and food, drugs and consumer products are safe.Mr. Trump and senior advisers on his team came to believe that career officials who raised objections to their policies on legal or practical grounds — including some of their disputed immigration plans — were deliberately sabotaging their agenda. Portraying federal employees as unaccountable bureaucrats, the Trump team has argued that removing job protections for those who have any influence over policymaking is justified because it is too difficult to fire them.Critics saw the move as a throwback to the corrupt 19th-century patronage system, when all federal jobs were partisan spoils rather than based on merit. Congress ended that system with a series of civil-service laws dating back to the Pendleton Act of 1883. Everett Kelley, national president of the American Federation of Government Employees, described Schedule F as “the most profound undermining of the civil service in our lifetimes.”The legality of Schedule F was never tested because Mr. Biden revoked the order before any federal workers were reclassified. But Mr. Trump has vowed to reinstate it if he returns to office in 2025 — and his motivations, now, are openly vengeful. He has boasted that he will purge a federal bureaucracy that he has disparaged as a “deep state” filled by “villains” like globalists, Marxists and a “sick political class that hates our country.”President Biden’s administration introduced a rule on Friday to strengthen protections for the civil service system.Al Drago for The New York TimesThe proposed new rule was unveiled by the White House’s Office of Personnel Management in a lengthy filing for the Federal Register on Friday. It would allow workers to keep their existing job protections, such as a right to appeal any firing or reassignment, even if their positions were reclassified. It would also tighten the definition of what types of positions can be exempted from civil service job protections, limiting it to non-career political appointees who are expected to turn over when a presidency ends.The regulatory proposal argued that maintaining protections for career civil servants enhances the functioning of American democracy because such federal workers have institutional memory, subject matter expertise and technical knowledge “that incoming political appointees may lack.” They should be free to disagree with their leaders — short of defying lawful orders — without fear of reprisal, the proposed rule states.The public will now have 60 days to comment on the proposed rule, but the Biden administration expects to complete it by early 2024.A spokesman for the Trump campaign did not respond to an email seeking comment on Mr. Biden’s effort.Biden officials and people supportive of their plan are projecting optimism about the significance of the new regulation to bolster protections for the civil service. Among them is Rob Shriver, the deputy director of the Office of Personnel Management, essentially the government’s human resources department.“Our proposed regulation is strong and based in law and has a strong rationale,” Mr. Shriver said. “Anyone who wants to explore a change in policy would have work to do,” he added. “They’d have to go through the same administrative rule-making process and make sure that their policy is grounded in the law.”Mr. Trump’s allies have been aware of the proposed rule since the spring, when the Biden administration cited it on a government website as part of its 2023 regulatory agenda. Trump allies say they don’t expect it to do much more than delay by a number of months their renewal of Schedule F if Mr. Trump wins back the presidency.James Sherk, the former Trump administration official who came up with the idea for Schedule F, defended the order and said that reimposing it would not be difficult despite the new rule.“The Biden administration can, if they want, make removing intransigent or poorly performing senior bureaucrats harder on themselves,” said Mr. Sherk, who now works at the America First Policy Institute, a think tank stocked heavily with former Trump officials. “The next administration can just as easily rescind those restrictions. With regards to reissuing Schedule F, this proposed rule would be a speed bump, but nothing more.”Another fervent supporter of Schedule F is Russell T. Vought, the president of the Center for Renewing America, a think tank with close ties to the former president. In the Trump administration, Mr. Vought had been the director of the Office of Management and Budget. He proposed reassigning nearly 90 percent of his agency’s staff as Schedule F employees, making them vulnerable to being summarily fired if he deemed them obstructive to the president’s agenda.That threat was never acted upon — Mr. Trump issued the Schedule F order in October 2020, shortly before losing re-election — but Biden administration officials say that career civil servants are still living with the hangover from what nearly happened and are anxious about the prospect of Schedule F returning.Russell T. Vought, former director of the Office of Management and Budget, is a fervent supporter of Schedule F.Anna Moneymaker/The New York TimesJason Miller, a senior official in Mr. Biden’s Office of Management and Budget who has worked on the new rule, said in an interview that Mr. Trump’s Schedule F order “exposed the fragility of the existing system — the system that has been in place for 140 years to ensure we have a dedicated nonpartisan civil service.”Mr. Miller said the impact of Schedule F “is still felt to this day.” He added, “We have carried that with us. It is not just here in O.M.B. It is across federal agencies.”Mr. Vought, however, said Schedule F was about removing poor performers, and characterized the proposed regulation as little impediment to reviving the idea.“This expected move by the Biden administration to forestall accountability within the bureaucracy against poor performers merely reinforces what we already knew — Schedule F rests on a sound legal foundation, is going to succeed spectacularly and the only chance to stop it is to install procedural roadblocks,” he said.Even if Mr. Trump unexpectedly loses the Republican nomination, there’s a good chance that whomever defeats him will also plan to dismantle the administrative state. Schedule F has swiftly become doctrine across a large swath of the G.O.P., and two of Mr. Trump’s leading rivals are indicating they want to go even further than he does.“On bureaucracy, you know, we’re going to have all these deep-state people, you know, we’re going to start slitting throats on Day 1 and be ready to go,” said Gov. Ron DeSantis of Florida at an event in New Hampshire in July.On Wednesday, the businessman Vivek Ramaswamy outlined an even more radical plan than Mr. Trump’s for dismantling much of the government. Mr. Ramaswamy said he would shut down multiple federal agencies and fire 75 percent of the federal work force, although both the legal and practical substance undergirding his attention-seeking proposal appeared thin.“I would not view the efforts to protect the integrity of the professional civil service as just antidotes to Trump,” said Representative Jamie Raskin of Maryland, the ranking Democrat on the House Committee on Oversight and Reform, which has jurisdiction over the federal civil service. “I see them as authoritarianism repellents, generally.”Schedule F has swiftly become doctrine across a large swath of the G.O.P. and Vivek Ramaswamy intends to take it further.Kent Nishimura for The New York TimesDemocrats had initially tried to change federal law to prevent any return of Schedule F, but opposition by Republicans — where Senate rules allow a minority of 40 lawmakers to block most legislation — thwarted the effort.When the House was still controlled by Democrats in the first two years of Mr. Biden’s presidency, it attached a measure strengthening protections for the merit-based civil service system as an amendment to a “must-pass” annual defense bill in 2022. But Republican opposition kept it off the Senate version and then forced Democrats to drop it when the two versions were reconciled.Democrats used their control of the House in Mr. Biden’s first two years to pass proposed reforms in response to the ways in which Mr. Trump’s presidency flouted norms. Other ideas Democrats proposed included making it harder for a president to offer or bestow pardons in situations that raise suspicion of corruption, to refuse to respond to oversight subpoenas and to take outside payments while in office.The House passed a bill that combined those and other ideas in December 2021. But Republicans almost uniformly opposed such measures, portraying them as partisan attacks on Mr. Trump, and the Senate’s filibuster rule meant they had the power to block them from becoming law. And Mr. Biden did not make enacting post-Trump reforms a bully-pulpit focus.Max Stier, president of the Partnership for Public Service, a nonpartisan group that seeks to make government more effective, has been working with the Biden administration on this and other proposals to bolster the civil service. He said he understands the vulnerability of the new proposed rule to being overturned, but he said it would make reimposing Schedule F even more vulnerable to legal challenges than it was when Mr. Trump first issued the order.Other Democrats, who fear the return of Mr. Trump and Schedule F, view the Biden effort less enthusiastically.“While the Biden administration’s forthcoming regulation is a good first step to protect the federal civil service from politicization, I’ve consistently said this demands a legislative fix,” said Representative Gerald E. Connolly, who along with Senator Tim Kaine — both Democrats of Virginia — has led congressional efforts to prevent a return of Schedule F.“The Biden administration must make this a top legislative priority,” Mr. Connolly added. “That is the only thing that is going to stop Trump’s crusade to remake the civil service in his image.” More

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    Republicans Don’t Mind the Constitution. It’s Democracy They Don’t Like.

    “A very large portion of my party,” Senator Mitt Romney of Utah tells McKay Coppins of The Atlantic, “really doesn’t believe in the Constitution.”Romney doesn’t elaborate further in the article, and Coppins, who spoke to him in depth and at length, beginning in 2021, for a forthcoming biography, does not speculate on what exactly Romney meant with this assessment of his co-partisans.If Romney was using “the Constitution” as a rhetorical stand-in for “American democracy,” then he’s obviously right. Faced with a conflict between partisan loyalty and ideological ambition on one hand and basic principles of self-government and political equality on the other, much of the Republican Party has jettisoned any commitment to America’s democratic values in favor of narrow self-interest.The most glaring instance of this, of course, is Donald Trump’s attempt to overturn the results of the 2020 presidential election, which was backed by prominent figures in the Republican Party, humored by much of the Republican establishment and affirmed, in the wake of an insurrectionary attack on the Capitol by supporters of the former president, by a large number of House and Senate Republican lawmakers who voted to question the results.Other examples of the Republican Party’s contempt for democratic principles include the efforts of Republican-led state legislatures to write political majorities out of legislative representation with extreme partisan gerrymanders; the efforts of those same legislatures to raise new barriers to voting in order to disadvantage their political opponents; and the embrace of exotic legal claims, like the “independent state legislature theory,” meant to justify outright power grabs.In just the past few months, we’ve seen Tennessee Republicans expel rival lawmakers from the State Legislature for violating decorum by showing their support for an anti-gun protest on the chamber floor, Florida Republicans suspend a duly elected official from office because of a policy disagreement, Ohio Republicans try to limit the ability of Ohio voters to amend the State Constitution by majority vote, Wisconsin Republicans float the possibility that they might try to nullify the election of a State Supreme Court justice who disagrees with their agenda and Alabama Republicans fight for their wholly imaginary right to discriminate against Black voters in the state by denying them the opportunity to elect another representative to Congress.It is very clear that given the power and the opportunity, a large portion of Republican lawmakers would turn the state against their political opponents: to disenfranchise them, to diminish their electoral influence, to limit or even neuter the ability of their representatives to exercise their political authority.So again, to the extent that “the Constitution” stands in for “American democracy,” Romney is right to say that much of his party just doesn’t believe in it. But if Romney means the literal Constitution itself — the actual words on the page — then his assessment of his fellow Republicans isn’t as straightforward as it seems.At times, Republicans seem fixated on the Constitution. When pushed to defend America’s democratic institutions, they respond that the Constitution established “a republic, not a democracy.” When pushed to defend the claim that state legislatures have plenary authority over the structure of federal congressional elections and the selection of presidential electors, Republicans jump to a literal reading of the relevant parts of Article I and Article II to try to disarm critics. When asked to consider gun regulation, Republicans home in on specific words in the Second Amendment — “the right of the people to keep and bear Arms, shall not be infringed” — to dismiss calls for reform.Trump tried to subvert American democracy, yes, but his attempt rested on the mechanisms of the Electoral College, which is to say, relied on a fairly literal reading of the Constitution. Both he and his allies took seriously the fact that our Constitution doesn’t require anything like a majority of the people to choose a president. Attacks on representation and personal freedom — the hyper-gerrymandering of legislatures to preserve and perpetuate minority rule and the attempts to limit or restrict the bodily autonomy of women and other Americans — have operated within the lines drawn by the Constitution, unimpeded or even facilitated by its rules for structuring our political system.Republicans, in other words, do seem to believe in the Constitution, but only insofar as it can be wielded as a weapon against American democracy — that is, the larger set of ideas, intuitions, expectations and values that shape and define political life in the United States as much as particular rules and institutions.Because it splits sovereignty between national and subnational units, because it guarantees some political rights and not others, because it was designed in a moment of some reaction against burgeoning democratic forces, the Constitution is a surprisingly malleable document, when it comes to the shaping of American political life. At different points in time, political systems of various levels of participation and popular legitimacy (or lack thereof) have existed, comfortably, under its roof.Part of the long fight to expand the scope of American democracy has been an ideological struggle to align the Constitution with values that the constitutional system doesn’t necessarily need to function. To give one example among many, when a Black American like George T. Downing insisted to President Andrew Johnson that “the fathers of the Revolution intended freedom for every American, that they should be protected in their rights as citizens, and be equal before the law,” he was engaged in this struggle.Americans like to imagine that the story of the United States is the story of ever greater alignment between our Constitution and our democratic values — the “more perfect union” of the Constitution’s preamble. But the unfortunate truth, as we’re beginning to see with the authoritarian turn in the Republican Party, is that our constitutional system doesn’t necessarily need democracy, as we understand it, to actually work.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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    Lo que hay que saber sobre la huelga contra tres fabricantes de automóviles en EE. UU.

    El sindicato y General Motors, Ford Motor y Stellantis siguen teniendo grandes diferencias en materia de salarios.[Lee aquí, en inglés, el minuto a minuto de la huelga automotriz en EE. UU.]El sindicato United Auto Workers (UAW), que representa a alrededor de 150.000 trabajadores de plantas automotrices estadounidenses, decretó una huelga ‘limitada y dirigida’ contra tres de las mayores fabricantes de automóviles del país la madrugada del viernes cuando el sindicato y las empresas no llegaron a un acuerdo para suscribir nuevos contratos.Las tres fabricantes —General Motors, Ford Motor y Stellantis, propietaria de Chrysler, Jeep y Ram— habían dicho que podrían verse obligadas a suspender o ralentizar la producción si no era posible llegar a un acuerdo para la medianoche del jueves. El presidente del UAW, Shawn Fain, enfatizó que el jueves es la “fecha límite, no un punto de referencia”.El sindicato buscaba negociar un contrato independiente a cuatro años con cada fabricante de automóviles. El UAW nunca se ha ido a huelga en las tres empresas al mismo tiempo, sino que ha preferido hacerlo una por una. Pero Fain había dicho que, en esta ocasión, tanto él como sus colegas están dispuestos a irse a huelga en las tres empresas.¿Cuál es el punto de desacuerdo en el conflicto laboral?La remuneración es el tema principal de las negociaciones.El UAW exige un aumento salarial del 40 por ciento en un periodo de cuatro años, lo cual, según Fain, no dista del aumento en el sueldo de los directores ejecutivos de dichas empresas en los últimos cuatro años.Hasta el pasado 8 de septiembre, la postura de ambas partes era muy distinta: las empresas ofrecían un incremento en los sueldos de entre un 14 y un 16 por ciento en cuatro años. Fain calificó la oferta de “ofensiva” y señaló que el sindicato está firme en su objetivo de un aumento del 40 por ciento.¿Qué papel desempeña el cambio a los autos eléctricos en las negociaciones?La industria automotriz se encuentra en plena transición masiva a los vehículos operados con batería, por lo que GM, Ford y Stellantis están invirtiendo miles de millones de dólares en el desarrollo de nuevos modelos y la construcción de fábricas. Las empresas han dicho que esas inversiones les dificultan pagarles salarios más altos a los trabajadores. Afirman que ya de por sí se encuentran en gran desventaja competitiva con respecto a fabricantes de automóviles no sindicalizadas como Tesla, que domina el mercado de los vehículos eléctricos.Al UAW le preocupa que las empresas aprovechen la transición a los automóviles eléctricos para recortar empleos o contratar más trabajadores no sindicalizados. El sindicato busca que las fabricantes de automóviles cubran a los trabajadores de las fábricas de baterías en sus contratos nacionales con el UAW. En este momento, esos trabajadores no tienen representación sindical o bien se encuentran en negociaciones de contratos independientes. Pero las empresas argumentan que legalmente no pueden aceptar esa solicitud porque esas plantas son proyectos de coinversión.¿Qué ocurrió en la última huelga del UAW?La huelga más reciente del UAW ocurrió en 2019, y fue contra General Motors. Casi 50.000 empleados de General Motors dejaron de trabajar durante 40 días. La empresa informó que la huelga le había costado 3600 millones de dólares.La huelga concluyó después de que ambas partes llegaron a un acuerdo que le puso fin a una estructura salarial de dos niveles conforme a la cual a los empleados más nuevos se les pagaba mucho menos que a los veteranos. GM también convino en pagarles más a los trabajadores.¿Cómo afectaría a la economía una huelga contra las tres fabricantes de automóviles?Una pausa prolongada en la producción de automóviles podría producir una reacción en cadena en muchas partes de la economía estadounidense.Una huelga de 10 días podría costarle a la economía 5000 millones de dólares, según cálculos de Anderson Economic Group. Una huelga más prolongada podría comenzar a afectar los inventarios de automóviles en las distribuidoras, lo que elevaría el precio de los vehículos.La industria automotriz se encuentra en una situación más vulnerable que en 2019, la última vez que el UAW se fue a huelga. Al principio de la pandemia, la producción de automóviles se detuvo y produjo una reducción marcada en la oferta de vehículos. Los inventarios de autos nacionales se mantienen en aproximadamente una cuarta parte del nivel que tenían a finales de 2019.¿Una huelga tendrá ramificaciones políticas?Definitivamente podría tenerlas.El presidente Joe Biden se ha descrito como “el presidente más partidario de los sindicatos laborales” e intentó cimentar sus relaciones con los sindicatos laborales antes de arrancar su campaña de reelección. Pero el UAW, que por lo regular apoya a los candidatos demócratas, como lo hizo con Biden en su contienda en 2020, no ha declarado que vaya a apoyarlo en la campaña de 2024.El sindicato teme que la decisión de Biden de promover los vehículos eléctricos pueda erosionar más la cantidad de miembros de los sindicatos en la industria automotriz. Fain ha criticado al gobierno por otorgar grandes incentivos federales y préstamos para nuevas fábricas sin exigir que esas plantas empleen a trabajadores sindicalizados.El expresidente Donald Trump, que muy probablemente conseguirá la candidatura republicana, ha intentado ganarse a los miembros del UAW. Ha criticado las políticas de Biden para la industria automotriz y el clima por considerarlas negativas para los trabajadores y los consumidores.J. Edward Moreno es el becario David Carr 2023 en el Times. Más de J. Edward Moreno More