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    Three Years After Jan. 6, Trump’s Immunity Claims to Take Center Stage

    An appeals court will hear arguments on Tuesday over the former president’s attempt to shut down the federal election case. Much is riding on how — and how quickly — the issue is decided.Three years after a mob of his supporters stormed the Capitol, former President Donald J. Trump will make his latest and potentially most consequential argument in the coming week for why he should not be held responsible for seeking to overturn the 2020 election.Impeachment proceedings, the House Jan. 6 committee’s inquiry and two separate criminal investigations have established a comprehensive set of facts about Mr. Trump’s deep involvement in overlapping efforts to remain in office despite having been defeated at the polls.But when — or even whether — he will ultimately face a trial on charges related to those efforts remains unclear. One of the most decisive factors in getting an answer to those questions will be the success or failure of the arguments his legal team plans to make on Tuesday in a federal appeals court in Washington.Mr. Trump’s lawyers are banking on a long shot, hoping to convince a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that the Constitution affords him complete immunity from actions he undertook as president. The assertion, while untested in the courts, has the advantage to the former president of chewing up time in the service of his strategy of trying to delay any trial until after Election Day.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    After the Iowa Shooting, Demands That Politicians Act

    More from our inbox:Motivating Young People to Vote for Biden‘A Glimmer of Hope’Immigration Judges Are Needed. I Volunteer!The Inmates and the CatsParents picked up their children from a reunification center in Perry, Iowa, on Thursday morning.Rachel Mummey for The New York TimesTo the Editor:Re “One Confirmed Dead Among Several Victims in Iowa School Shooting” (news article, Jan. 5):It has happened again, this time in Perry, Iowa, and it will keep happening until voters confront the politicians. With a majority of Americans saying they favor stricter gun laws such as universal background checks, there is no better time than now, in this election year, for voters to ask the candidates to support efforts to reduce gun violence in America.Republicans, especially recently, are demanding yes or no answers to critical questions. In town halls and at rallies and caucuses, candidates need to be confronted: Will you commit to specific steps to insure the safety of our schoolchildren, yes or no?There is no better time or place to demand yes or no answers to questions about gun safety than in Iowa in the next two weeks.David SimpsonRindge, N.H.To the Editor:I’m distressed and angered about another public school shooting — and there is still no action from state and local governments regarding protecting our children from these violent acts. As a public-school teacher and a parent, I fear for my own children as well as my students.We know we need to keep guns out of the hands of violent and mentally unstable people, but we also need to keep people who are violent out of our schools. We need changes to our laws and policies if we are going to stop this epidemic of gun violence against our children.Kathryn FamelyFalmouth, Mass.To the Editor:Re “In Nashville, Parents Believed Time Had Come for Gun Limits” (front page, Dec. 29):The parents of Tennessee children who were present during the Covenant School mass shooting last March deserve all the credit in the world for standing up to be counted in the fight against the madness of the easy access to firearms in this country.In some ways, fighting for change in an extremely red state like Tennessee is at the same time more difficult and frustrating, yet also more valuable.When a Republican or a conservative person is persuaded that we need to strengthen common-sense gun laws, eliminate the gun show loophole and ban the sale of high-speed automatic rifles, the accomplishment is greater. Most Democrats already favor such restrictions.The stories of these parents’ encounters with Tennessee lawmakers, while inspiring, are also infuriating. It seems unfathomable that a legislator would sympathize in private with these parents who are trying to make the world safer for schoolchildren, yet then vote against any measure that might actually accomplish that goal.For these parents and others frustrated and enraged by these gutless lawmakers, I can suggest one other tactic. Perhaps only the thought of political defeat would be persuasive. It may seem unpalatable for a lifelong conservative Republican to vote for the Democratic candidate, yet doing so once over this life-or-death issue may be the only way to alter the behavior of obstinate politicians.Marc SpringerBrookline, Mass.Motivating Young People to Vote for Biden Damon Winter/The New York TimesTo the Editor:Re “Young Voters Have an Entirely Different Concept of Politics,” by Michelle Cottle (Opinion, Jan. 3):Ms. Cottle brings up the problem of President Biden’s lack of appeal to young voters. Mr. Biden’s strongest suit is still this: He’s not Donald Trump.If young voters care about the environment, all Democrats have to do is feature Mr. Trump’s “I want to drill, drill, drill!” remark in their ads, along with his comments ignoring climate change.Even more important is Mr. Trump’s nominating for the Supreme Court conservative justices who have taken away women’s rights over their own bodies.If young voters aren’t feeling motivated to vote by these issues, they should be.Christine GrafSt. Paul, Minn.To the Editor:I absolutely agree with Michelle Cottle’s observation that Bernie Sanders was crucial to Joe Biden’s support among young people in the 2020 election. If you compare this year’s primary season with the 2020 one, this year’s so far is very lackluster for the Democrats.To give it the energy of the 2020 primary season, Mr. Biden needs to put Bernie Sanders — and Elizabeth Warren — on the road again, especially on college campuses. And they need to talk about what they hope to accomplish in a second Biden administration, not just about what has been accomplished so far.These two will provide the energy and vision that young people crave and will give them the motivation to show up at the polls on Election Day.Paul MarshLansing, Mich.‘A Glimmer of Hope’Students playing between classes this month at the Hand in Hand school in Jerusalem.Tamir Kalifa for The New York TimesTo the Editor:Re “In a Jewish-Arab School, an Oasis From Division but Not From Deep Fears” (news article, Jan. 1):I was delighted to read this story on the first day of 2024. Day after day reading about the atrocities committed in Israel and the resulting horrors happening in Gaza has been so depressing. Reading 9-year-old Ben, a “religious Jew,” say that his best friend is Arab gave me a glimmer of hope for the future.Scott BaleStamford, Conn.Immigration Judges Are Needed. I Volunteer! Fred Ramos for The New York TimesTo the Editor:Re “Migrant Surge Stretches U.S. Border Patrol Thin” (front page, Dec. 29):I am a recently retired lawyer. Your description of the unmanageable burdens immigration is placing on our resources jolted me to ponder an untapped but significant solution to the limited number of immigration judges needed to process the backlog of asylum cases (as distinguished from the more complex deportation proceedings).There are thousands of ready, willing and able retired lawyers and judges throughout our country who could be quickly trained and qualified locally or online to process asylum cases.Many in this cohort already voluntarily serve our state and federal courts as appointed and volunteer lawyers for those who cannot afford a lawyer. Many also serve as court-appointed court mediators without compensation. I suggest that activating these resources would rapidly reduce the huge backlog of asylum cases.I hereby volunteer if anyone at the Departments of Justice or Homeland Security wants my help.Les WeinsteinLos AngelesThe writer is a member of the California State Bar and a former U.S. Department of Justice trial lawyer.The Inmates and the Cats Cristobal Olivares for The New York TimesTo the Editor:I’m glad that “Cats Filled This Chilean Prison. Then, the Inmates Fell in Love” ran on the front page of the very first paper of 2024.There’s no end to bad news, and it was uplifting to read about programs that connect prisoners with animals and specifically about Chillona, “a relaxed black cat that has become the darling of a nine-man cell crammed with bunk beds.”Bonding with pets apparently leads to an increase in empathy and a decrease in recidivism. When the inmates in Santiago care for the cats, the cats, in return, offer “love, affection and acceptance.”Talk about a win-win.Carol WestonNew York More

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    If Trump Is Not an Insurrectionist, What Is He?

    Last month the states of Colorado and Maine moved to disqualify Donald Trump as a candidate in the 2024 presidential election, citing Section 3 of the 14th Amendment. In response, Trump has asked the Supreme Court to intervene on his behalf in the Colorado case and he has appealed Maine’s decision.There is a real question of whether this attempt to protect American democracy — by removing a would-be authoritarian from the ballot — is itself a threat to American democracy. Will proponents and supporters of the 14th Amendment option effectively destroy the village in order to save it?It may seem obvious, but we should remember that Trump is not an ordinary political figure. And try as some commentators might, there is no amount of smoke one could create — through strained counterfactuals, dire warnings of a slippery slope or outright dismissal of the events that make the Trump of 2024 a figure very different from the Trump of 2020 — that can obscure or occlude this basic fact.In 2020, President Trump went to the voting public of the United States and asked for another four years in office. By 51 percent to 47 percent, the voting public of the United States said no. More important, Trump lost the Electoral College, 306 to 232, meaning there were enough of those voters in just the right states to deny him a second term.The people decided. And Trump said, in so many words, that he didn’t care. What followed, according to the final report of the House Select Committee on Jan. 6, was an effort to overturn the results of the election.Trump, the committee wrote, “unlawfully pressured state officials and legislators to change the results of the election in their states.” He “oversaw an effort to obtain and transmit false electoral certificates to Congress and the National Archives.” He “summoned tens of thousands of supporters to Washington for Jan. 6,” the day Congress was slated to certify the election results, and “instructed them to march to the Capitol” so that they could “‘take back’ their country.’” He even sent a message on Twitter attacking his vice president, Mike Pence, knowing full well that “a violent attack on the Capitol was underway.”In the face of this violence, Trump “refused repeated requests over a multiple hour period that he instruct his violent supporters to disperse and leave the Capitol, and instead watched the violent attack unfold on television.” He did not deploy the National Guard, nor did he “instruct any federal law enforcement agency to assist.”Trump sought and actively tried to subvert constitutional government and overturn the results of the presidential election. And what he could not do through the arcane rules and procedures of the Electoral College, he tried to do through the threat of brute force, carried out by an actual mob.Looked at this way, the case for disqualifying Trump through the 14th Amendment is straightforward. Section 3 states that “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”As the legal scholar Mark A. Graber writes in an amicus brief submitted to the Colorado Supreme Court, “American jurists understood an insurrection against the United States to be an attempt by two or more persons for public reasons to obstruct by force or intimidation the implementation of federal law.” There was also a legal consensus at the time of the amendment’s drafting and ratification that an individual “engaged in insurrection whenever they knowingly incited, assisted or otherwise participated in an insurrection.”We also know that the framers of the 14th Amendment did not aim or intend to exclude the president of the United States from its terms. In 1870, the Republican-controlled Senate refused to seat Zebulon Vance, the former Confederate governor of North Carolina. It strains credulity to think that the same Republicans would have sat silent if the Democratic Party had, in 1872, nominated a former Confederate leader for the presidency.Under a plain reading of Section 3 — and given the evidence uncovered by the Jan. 6 committee — Trump cannot stand for the presidency of the United States or any other federal office, for that matter.The real issue with disqualifying Trump is less constitutional than political. Disqualification, goes the argument, would bring American democracy to the breaking point.In this line of thinking, to deny Americans their choice of presidential candidate would destroy any remaining confidence in the American political system. It would also invite Trump’s allies in the Republican Party to do the same to Democrats, weaponizing Section 3 and disqualifying candidates for any number of reasons. Disqualification would also give far more power to the courts, when the only appropriate venue for the question of Trump is the voting booth.But these objections rest on a poor foundation. They treat Trump as an ordinary candidate and Jan. 6 as a variation on ordinary politics. But as the House select committee established, Jan. 6 and the events leading up to it were nothing of the sort. And while many Americans still contest the meaning of the attack on the Capitol, many Americans also contested, in the wake of the Civil War, the meaning of secession and rebellion. That those Americans viewed Confederate military and political leaders as heroes did not somehow delegitimize the Republican effort to keep them, as much as possible, out of formal political life.What unites Trump with the former secessionists under the disqualification clause is that like them, he refused to listen to the voice of the voting public. He rejected the bedrock principle of democratic life, the peaceful transfer of power.The unspoken assumption behind the idea that Trump should be allowed on the ballot and that the public should have the chance to choose for or against him yet again is that he will respect the voice of the electorate. But we know this isn’t true. It wasn’t true after the 2016 presidential election — when, after winning the Electoral College, he sought to delegitimize the popular vote victory of his opponent as fraud — and it was put into stark relief after the 2020 presidential election.Trump is not simply a candidate who does not believe in the norms, values and institutions we call American democracy — although that is troubling enough. Trump is all that and a former president who used the power of his office to try to overturn constitutional government in the United States.Is it antidemocratic to disqualify Trump for office and deny him a place on the ballot? Does it violate the spirit of democratic life to deny voters the choice of a onetime officeholder who tried, under threat of violence, to deny them their right to choose? Does it threaten the constitutional order to use the clear text of the Constitution to hold a former constitutional officer accountable for his efforts to overturn that order?The answer is no, of course not. There is no rule that says democracies must give endless and unlimited grace to those who used the public trust to conspire, for all the world to see, against them. Voters are free to choose a Republican candidate for president; they are free to choose a Republican with Trump’s politics. But if we take the Constitution seriously, then Trump, by dint of his own actions, should be off the board.Not that he will be. The best odds are that the Supreme Court of the United States will punt the issue of Section 3 in a way that allows Trump to run on every ballot in every state. And while it will be tempting to attribute this outcome to the ideological composition of the court — as well as the fact that Trump appointed three of its nine members — I think it will, if it happens, have as much to do with the zone of exception that exists around the former president.If Trump has a political superpower, it’s that other people believe he has political superpowers. They believe that any effort to hold him accountable will backfire. They believe that he will always ride a wave of backlash to victory. They believe that challenging him on anything other than his terms will leave him stronger than ever.Most of this is false. But to the extent that it is true, it has less to do with the missed shots — to borrow an aphorism from professional sports — than it does with the ones not taken in the first place.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, Instagram, TikTok, X and Threads. More

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    Should Trump Be on the Ballot? And Other 2024 Sticky Wickets

    Michelle Cottle, Ross Douthat, Carlos Lozada and Listen to and follow ‘Matter of Opinion’Apple Podcasts | Spotify | Amazon MusicIs Donald Trump an insurrectionist who should be barred from the ballot? On this episode of “Matter of Opinion,” the hosts discuss who should get to decide if the former president can try to return to the White House. Plus, the hosts lay out what other stories are on their 2024 political bingo cards.(A full transcript of the episode will be available midday on the Times website.)Hill Street Studios/Getty ImagesMentioned in this episode:“The Antidemocratic Quest to Save Democracy From Trump,” by Ross Douthat in The New York TimesDecember 2023 Times/Siena poll“The 2023 High School Yearbook of American Politics,” by Michelle Cottle in The Times“Trump’s 2024 Playbook,” episode of “The Daily” from The Times“The World Should Fear 2024,” by Aris Roussinos in UnHerdThoughts? Email us at matterofopinion@nytimes.com.Follow our hosts on X: Michelle Cottle (@mcottle), Ross Douthat (@DouthatNYT) and Carlos Lozada (@CarlosNYT).“Matter of Opinion” is produced by Sophia Alvarez Boyd, Phoebe Lett and Derek Arthur. It is edited by Alison Bruzek. Mixing by Carole Sabouraud. Original music by Isaac Jones, Efim Shapiro, Carole Sabouraud, Sonia Herrero and Pat McCusker. Our fact-checking team is Kate Sinclair, Mary Marge Locker and Michelle Harris. Audience strategy by Shannon Busta and Kristina Samulewski. Our executive producer is Annie-Rose Strasser. More

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    Ron DeSantis, Nikki Haley and Politically Obtuse Plutocrats

    All Wall Street wants is a good hypocrite — someone who can convince the Republican base that he or she shares its extremism, but whose real priority is to enrich the 1 percent. Is that too much to ask?Apparently, yes.If you’re not a politics groupie, you may find the drama surrounding Nikki Haley, the former governor of South Carolina, puzzling. Until recently, few would have considered her a significant contender for the Republican presidential nomination — indeed, she arguably still isn’t. But toward the end of last year, she suddenly attracted a lot of support from the big money. Among those endorsing her were Jamie Dimon, the head of JPMorgan Chase, a new business-oriented super PAC called Independents Moving the Needle and the Koch political network.If this scramble sounds desperate, that’s because it is. And it looks even more desperate after Haley’s recent Civil War misadventures — first failing to name slavery as a reason the war happened, then clumsily trying to walk back her omission.But there is a logic behind this drama. What we’re witnessing are the death throes of a political strategy that served America’s plutocrats well for several decades but stopped working during the Obama years.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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    What Biden Needs to Tell Us

    Sometimes social revolutions emerge from ordinary ideas. In the 17th and 18th centuries, thinkers like William Petty, David Hume and Adam Smith popularized a concept called “division of labor.” It’s a simple notion. If I specialize in doing what I’m good at, and you specialize in what you’re good at, and we exchange what we’ve each made, then we’ll both be more productive and better off than if we tried to be self-sufficient.It seems banal, but division of labor was part of a constellation of ideas that liberated our civilization from the savage grip of zero-sum thinking. For millenniums before that, economic growth had been basically stagnant. Many people simply assumed that the supply of wealth was finite. If I’m going to get more of it, it will be the result of conquering you and stealing what you have. In a zero-sum mind-set, the basic logic of life is dog-eat-dog, conquer or be conquered. Property is theft. Predators win.Division of labor, on the other hand, and the other principles that underlie modern capitalism, encouraged a positive-sum mind-set. According to this way of thinking, the good of others multiplies my own good. Steve Jobs got to enjoy a fortune, but I get to enjoy the Mac I’m now typing on and tens of thousands get to enjoy the jobs he helped create.In this kind of society, life is not about conquest and domination but regulated competition and voluntary exchange. Not about antagonism but interdependence. In this kind of marketplace, Walter Lippmann wrote in the late 1930s, “the vista was opened at the end of which men could see the possibility of the Good Society on this earth.”In other words, a dry economic concept like “division of labor” helped inaugurate a moral revolution. A positive-sum society is a more pluralistic and tolerant society because all its members are encouraged to pioneer their own specialty. People are rewarded for their skills and imaginations, not their ability to intimidate. Competition for comparative advantage unleashes untold human creativity, drive, innovation and ambition.The errors and scandals of the early 21st century (Iraq, the financial crisis, etc.) produced a crisis of legitimacy for this brand of liberal democratic capitalism. People lost confidence that the elites knew what they are doing or were serving anybody but themselves. This disillusion led to a concomitant rise in global populism. In 2002 only 120 million people lived in countries governed by what The Guardian called “at least somewhat” populist leaders. By 2019, more than two billion did.Populism thrives on a zero-sum mind-set. The central story that populists tell is: They are out to destroy us. Populist leaders invariably inflame ethnic bigotry to mobilize their own supporters.America’s populist in chief, Donald Trump, exemplifies this mentality. Trump grew up in a zero-sum world. In the world of New York real estate, there’s a fixed amount of land. Trump didn’t have to invent a new concept, just screw the other side. In 2017, the Vox writer Dylan Matthews and his colleagues read all of Trump’s books on business and politics, and concluded that zero-sum thinking is the core of his mind-set. “You hear lots of people say that a great deal is when both sides win,” Trump and his co-author wrote in “Think Big and Kick Ass.” “That is a bunch of crap. In a great deal you win — not the other side. You crush the opponent and come away with something better for yourself.”MAGA is the zero-sum concept in political form. What’s good for immigrants is bad for the American-born. What’s good for Black people is bad for whites. Trade deals are exploitation. Our NATO allies are out to screw us. Every day for Trump is an Us/Them dominance game.Zero-sum thinking is surging on the left as well. A generation of college students has been raised on the dogma that life is a contest between groups — oppressor versus oppressed, colonizers versus colonized.This thinking is rising across the globe. Despots are trying to grab territory to increase wealth and glory. According to the Uppsala Conflict Data Program, state- and nonstate violence was higher in 2022 than it was a decade before.Vladimir Putin doesn’t seek to recapture Russian greatness by leading a nation that cures cancer or produces technological innovations; he seeks glory by conquering Ukraine: You lose, I win. Xi Jinping no longer talks of the U.S. and China as friendly competitors; he describes a world in which we are locked in a zero-sum war for supremacy: He wins, we lose. As my colleague Thomas Friedman has noted recently, Hamas could have turned Gaza into Dubai — a land of capitalism, growth and opportunity. But Hamas rejects the whole ethos of modern capitalism for a more primitive ethos: Jews die, we dominate.We all have complaints about the age of go-go globalization, but what’s followed is far worse — global economic competition being replaced by political and military confrontation. And the thugs are winning. Russia now has the momentum in Ukraine. China is growing increasingly aggressive in the waters around Taiwan. Trump is leading in many polls.Many of us greet 2024 with a sense of foreboding. We need Joe Biden to be as big as this year demands. We need a leader who shows that he grasps the scope of global crisis and has a vision for how to return to a positive-sum world of growth, innovation and peace.Personally, I’d ask Team Biden to take a look at Ronald Reagan’s 1980 campaign. A lot of people thought Reagan was too old that year. But he told a bracing story about the global threat and he had a vigorous vision for America’s future. Team Biden is not going to go all Reaganite, but it could promote a liberal version of two of his themes — law and order and the spirit of enterprise.Law and order. We are in the middle of a multifront conflict that pits the forces of civilization against the forces of barbarism. In a civilized world, people create rules and norms to make competition fair, whether it’s economic, intellectual or political competition. Barbarians seek to tear down those rules so thuggery can prevail. Biden needs to position himself as the candidate for law and order — in Ukraine, against Hamas, at the ballot box, on America’s streets and, yes, on the southern border. He has to stand for the rule of law against growing chaos.The spirit of enterprise. One of the great achievements of Biden’s first term is that America is once again a nation that builds things. Manufacturing employment is up. More broadly, the American economy is surging, with fast growth, plummeting inflation, real wage increases. Far from being in decline, the U.S. economy is driving the world.Biden needs to paint a portrait of America’s future not with statistics but with a vision of a way of life. Liberal capitalism involves a set of concrete social actions: starting a business; building better schools; working together with people in companies; rising from poverty to buy a house; raising children not to be culture warriors but workers and innovators.This liberal dream is still ingrained in the nation’s bones. It’s been covered over by several years of bitterness, disillusion and pessimism. Maybe Biden can reach something deep in every American and revive the optimism that used to be our defining national trait.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, Instagram, TikTok, X and Threads. More

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    Trump Ballot Challenges Advance, Varying Widely in Strategy and Sophistication

    Donald J. Trump’s eligibility for the presidential ballot has been challenged in more than 30 states, but only a handful of those cases have gained traction so far.John Anthony Castro, a 40-year-old Texan, long-shot Republican presidential candidate and the most prolific challenger of Donald J. Trump’s eligibility to be president, has gone to court in at least 27 states trying to remove the former president from the ballot.On Wednesday, Mr. Castro found himself in a mostly empty courthouse in New Hampshire’s capital, where he was making a second attempt to advance his arguments; his initial case was dismissed last fall.None of Mr. Castro’s lawsuits have succeeded. But the New Hampshire case is part of a growing constellation of ballot challenges — some lodged by established groups with national reach, many others far more homemade — that have been playing out in more than 30 states. Challengers in Colorado and Maine have succeeded, at least temporarily, in getting Mr. Trump disqualified, while other lawsuits have stalled or been dismissed. In at least 22 states, cases have yet to be resolved.Tracking Efforts to Remove Trump From the 2024 BallotSee which states have challenges seeking to bar Donald J. Trump from the presidential primary ballot.All the litigation has made for an odd, diffuse process in which some of the weightiest issues of American democracy are being raised not primarily by elected officials or a political party, but by an unlikely assortment of obscure figures, everyday citizens and nonprofit groups. Even some of the players are wondering what they are doing there.“How did we get to this point, where you have random brewers in Wisconsin throwing Hail Marys to try to get Trump off the ballot?” said Kirk Bangstad, a brewing company owner and liberal activist who filed an unsuccessful challenge to Mr. Trump’s eligibility with the Wisconsin Elections Commission. Mr. Bangstad, who is now considering a lawsuit, readily admits that he wishes someone more prominent would have taken up the cause.Kirk Bangstad, a brewing company owner and liberal activist who filed an unsuccessful challenge of Mr. Trump’s eligibility with the Wisconsin Elections Commission.Chang W. Lee/The New York TimesThough the ballot challenges vary in format, venue and sophistication, they share a focus on whether Mr. Trump’s efforts to overturn his 2020 election defeat make him ineligible to hold the presidency again. The cases are based on a largely untested clause of the Constitution’s 14th Amendment, which was enacted after the Civil War. The clause bars federal or state officials who “engaged in insurrection or rebellion” from holding office.Some lawyers have argued since 2021 that the clause could preclude Mr. Trump from appearing on a presidential ballot, and lawsuits invoking that theory were filed in several states in 2023. But it was not until last month, when the Colorado Supreme Court found Mr. Trump ineligible for that state’s primary ballot because of the 14th Amendment, that the question vaulted to the center of American politics. When Maine’s Democratic secretary of state announced last week that she, too, was disqualifying Mr. Trump, it only intensified the spotlight on the issue.Steven Cheung, a spokesman for the Trump campaign, described the lawsuits in a statement last week as “bad-faith, politically motivated attempts to steal the 2024 election,” claiming that Democrats had “launched a multifront lawfare campaign to disenfranchise tens of millions of American voters and interfere in the election.” Mr. Cheung did not respond to a request for comment for this article.Mr. Trump filed a lawsuit in state court in Maine on Tuesday seeking to overturn the secretary of state’s decision, and on Wednesday he asked the U.S. Supreme Court to review the Colorado ruling.The issue could not be more urgent: Republican presidential primary elections and caucuses begin this month, and polls have shown Mr. Trump with a commanding lead over his opponents.In the meantime, other cases continue to wind their way through state and federal court systems.Those lawsuits can generally be divided into three categories: Mr. Castro’s lawsuits, almost all of which have been filed in federal court; state challenges filed by two nonprofit organizations; and one-off cases brought in state or federal courts by local residents. In a handful of places — most notably Maine, but also Illinois, Massachusetts, North Carolina and Wisconsin — voters have challenged Mr. Trump’s eligibility directly with a secretary of state or an election commission rather than in court. In California and New York, some elected officials have written letters pushing for elections officers in those states to disqualify or consider disqualifying the former president.Most establishment Democrats have not publicly embraced the cause. President Biden said after the Colorado Supreme Court ruling that it was “self-evident” that Mr. Trump had supported an insurrection, but that it was up to the judiciary to determine his eligibility for the ballot. Several Democratic secretaries of state, who in much of the country are their states’ chief election officers, have included Mr. Trump on candidate lists and deferred to the courts on the question of his eligibility. A growing constellation of challenges to Mr. Trump’s eligibility have been filed in courts across the country, including federal court in Concord, N.H.Neville Caulfield for The New York TimesThe two national groups are Citizens for Responsibility and Ethics in Washington, known as CREW, which brought the Colorado case, and Free Speech for People, which filed lawsuits in Michigan, Minnesota and Oregon, as well as complaints with election officials in Illinois and Massachusetts. Those two groups have focused on state-level challenges. The Michigan and Minnesota Supreme Courts declined to take Mr. Trump off the primary ballot in those states. The Oregon lawsuit is still pending, as are the objections in Illinois and Massachusetts, which were both filed on Thursday.Ben Clements, the chairman of Free Speech for People, said he believed challenges originating in federal court “are not helpful” to the disqualification cause because of concerns about plaintiffs not having the legal standing to bring a case. But he said the array of lawsuits in state courts — such challenges were pending this week in California, Florida, Louisiana, North Carolina, Oregon, Wisconsin and Wyoming — were welcome.“Even if we wanted to, and even if CREW had taken an approach of filing multiple suits, we’re not going to hit all 50 states,” Mr. Clements said.Many people expect the U.S. Supreme Court to ultimately decide the question of Mr. Trump’s eligibility. And outside of a few states, the challenges so far have not gained traction.Some cases have been dismissed, including a federal lawsuit in Virginia and Mr. Bangstad’s complaint in Wisconsin, both last week. Others have been withdrawn, including several of Mr. Castro’s lawsuits and a state case in New Jersey filed by John Bellocchio, a former history teacher. In an interview, Mr. Bellocchio said he was working on a second lawsuit, and that he was motivated by concern that the former president and his supporters “envision a Christian theocracy.”“You cannot have a theocracy and a democracy at the same time,” Mr. Bellocchio said in an interview.By far, the most persistent litigant is Mr. Castro, who, according to his campaign website, first ran for a county office at the age of 19 and has since run unsuccessfully at least twice for other offices, including in a special congressional election in 2021.Mr. Castro received a law degree from the University of New Mexico and a master’s degree from Georgetown’s law school. He said he had never been licensed as a lawyer by any state, but was certified by the I.R.S. to work on federal tax cases. Over the years, he has been involved in a dizzying array of legal disputes.Mr. Castro said he had hoped that someone better known would mount a Republican presidential campaign to challenge Mr. Trump’s ballot qualifications, but when no one else stepped up, he decided to do it himself.“My biggest fear was having the knowledge how to stop Trump and having to tell my grandchildren that I did nothing,” he said.At Wednesday’s federal court hearing, Mr. Castro needed to persuade Judge Samantha Elliott that he was a real candidate for the Republican nomination for president and had the legal standing to sue.Among his evidence: He had filed reports with the Federal Election Commission (as of September, records show his campaign had raised $678), and two of his relatives had driven around New Hampshire one day in October, installing a dozen yard signs, before flying home to Texas.In the courtroom on Wednesday, Mr. Castro appeared at times to be unfamiliar with court procedures. But he seemed to come to life as he cross-examined Michael Dennehy, a veteran political strategist and expert witness for Mr. Trump, who testified that it would be “impossible” for Mr. Castro to win any delegates in the state based on his nearly “nonexistent” fund-raising and campaign.If Mr. Castro’s goal is to disqualify Mr. Trump, some observers have suggested that his strategy may backfire.Derek Muller, an election law expert and professor at Notre Dame’s law school, said Mr. Castro risked creating unfavorable precedent with his failed lawsuits. Mr. Trump has already been able to use a judge’s opinion in one state — in which the judge dismissed a Castro lawsuit — to bolster his arguments in another.Mr. Castro is “single-handedly building up precedent for Trump, inadvertently,” said Mr. Muller, who has filed briefs in two state court cases analyzing the relevant election law.Mr. Castro disagreed. If anything, he said, his suits have forced Mr. Trump’s lawyers to “show their cards,” helping other challengers to hone their arguments. He said he plans to refile lawsuits in three more states this month.Tracey Tully More

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    Trump Meets With Teamsters President as Union Weighs 2024 Endorsement

    Sean M. O’Brien, the general president of the Teamsters union, sat down with former President Donald J. Trump on Wednesday at Mr. Trump’s seaside mansion, Mar-a-Lago, in Palm Beach, Fla.Kara Deniz, a spokeswoman for the union, said the meeting was simply one of a series of meetings the Teamsters plan to have with all the presidential candidates.But this particular meeting, which the union detailed in a lengthy post on social media that was accompanied by a picture of Mr. O’Brien and Mr. Trump, came at a remarkable moment. At a public hearing in November, Senator Markwayne Mullin, a staunchly pro-Trump Republican from Oklahoma, called Mr. O’Brien a “thug,” a “bully” and a coward, and challenged him to a fight.President Biden has called himself the most pro-union president in history, as have several leaders of organized labor, and the Teamsters endorsed his candidacy in 2020. In December, Mr. Biden issued an executive order mandating what are known as project labor agreements — which establish fixed work, wage and labor standards at construction sites — for all federal contracts exceeding $35 million. That order was a potential boon to the Teamsters union, which is likely to control transportation at many of those sites and would have to be brought into contract talks as funds from Mr. Biden’s signature domestic achievements start to flow.Just last week, the Biden administration named Cole Scandaglia, the Teamsters’ senior legislative representative, to a high-profile advisory board at the Transportation Department. And in 2022, the administration moved to shore up a pension fund that affected 350,000 Teamster retirees.Yet there was Mr. O’Brien next to a beaming Mr. Trump, whose appeal to working-class voters will be key to his re-election bid. Mr. O’Brien promised the former president a seat at another meeting later this month in Washington, this time with rank-and-file members.Serious issues need to be addressed “to improve the lives of working people across the country, and the Teamsters union is making sure our members’ voices are heard as we head into a critical election year,” Mr. O’Brien said in a statement. “We thank the former president for taking time during this private meeting to listen to the Teamsters’ top priorities.”Teamsters leaders have met with other candidates, mainly on the margins of the 2024 election and none with Mr. Trump’s profile. The first two meetings came last month, with former Gov. Asa Hutchinson of Arkansas, whose presidential campaign has barely registered with voters, and with Robert F. Kennedy Jr., the anti-vaccine independent who qualified this week for the presidential ballot in Utah. The union has also met with Marianne Williamson and Dean Phillips, Democratic candidates, as well as Cornel West, who is running as a left-wing independent.A spokesman for the Biden campaign, Ammar Moussa, said the president “looks forward to continuing to work with the Teamsters and workers across America to ensure working Americans get a fair share of the wealth they’re helping to create.”In September, Mr. Biden became the first sitting president to join a picket line when he stood with members of the United Auto Workers striking in Michigan. Pressure from the administration helped resolve the strike, and has helped other unions expand their organizing.Still, while the U.A.W.’s brash new president, Shawn Fain, has praised Mr. Biden and castigated Mr. Trump, the U.A.W. has so far not endorsed the president’s re-election bid, and Mr. O’Brien may have added to the White House’s frustration. As the Teamsters line up meetings with each presidential candidate, the union’s leadership appears intent on maintaining its leverage, just as Mr. Fain has. More