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    Trump Leads Biden in Nearly Every Battleground State, New Poll Finds

    Voters in battleground states said they trusted Donald J. Trump over President Biden on the economy, foreign policy and immigration, as Mr. Biden’s multiracial base shows signs of fraying.President Biden is trailing Donald J. Trump in five of the six most important battleground states one year before the 2024 election, suffering from enormous doubts about his age and deep dissatisfaction over his handling of the economy and a host of other issues, new polls by The New York Times and Siena College have found.The results show Mr. Biden losing to Mr. Trump, his likeliest Republican rival, by margins of three to 10 percentage points among registered voters in Arizona, Georgia, Michigan, Nevada and Pennsylvania. Mr. Biden is ahead only in Wisconsin, by two percentage points, the poll found.Trump Is Ahead in Five of Six Swing StatesMargins are calculated using unrounded figures. More

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    DeSantis and Trump Bring Their Campaign Battle Home to Florida

    At a state party summit, Gov. Ron DeSantis and former President Donald J. Trump both argued that Florida was their turf. For the crowd, Mr. Trump’s assertion seemed to ring truer.When Gov. Ron DeSantis took the stage at a state Republican Party event in Kissimmee, Fla., on Saturday, he strode in front of a giant screen that proclaimed “Florida Is DeSantis Country.”Hours later, when it was former President Donald J. Trump’s turn, the backdrop instead broadcast a forceful rebuttal: “Florida Is Trump Country.”Both men were well received. But by the end of the night, Mr. Trump’s slogan rang truer.During his speech, Mr. Trump, the front-runner in the Republican presidential primary, aggressively attacked Mr. DeSantis, who once seemed like his most formidable rival. He called Mr. DeSantis names and described him as weak and disloyal to a crowd that laughed at a popular governor who once appeared infallible in his home state.Yet Mr. DeSantis had not even mentioned the former president in his own speech, even after questioning Mr. Trump’s manhood on a conservative news network this week. Instead, he shied away from his recent outspokenness against his rival and returned to the veiled swipes that characterized the race’s early months.Mr. Trump and Mr. DeSantis have circled each other on the campaign trail for months but have rarely appeared on the same stage. Saturday’s event, the Florida Freedom Summit, brought their political tussle into full view.It also emphasized a dynamic that has become one of Mr. DeSantis’s largest political hurdles. Even as his rivalry with Mr. Trump has defined the Republican primary for months, the former president’s grip on the party has not loosened, while Mr. DeSantis has been losing ground.Mr. DeSantis’s reluctance to single out Mr. Trump on Saturday was all the more striking because the other candidates who spoke throughout the day were willing to do so.Vivek Ramaswamy, 38, said he was better positioned than Mr. Trump to reach younger voters. Senator Tim Scott of South Carolina said that Republicans had underperformed in multiple elections under Mr. Trump’s leadership.Mr. Scott also took aim at Mr. DeSantis’s campaign, saying that the governor had entered the race as a “historically strong candidate with all the advantages” but had drastically bled support.Mr. DeSantis’s falling stature was made evident earlier in the day when six Republican state lawmakers said that they would shift their endorsements from Mr. DeSantis to Mr. Trump, a move first reported by The Messenger.The defections came days after Senator Rick Scott of Florida, Mr. DeSantis’s predecessor with whom he has a frosty relationship, said that he would back Mr. Trump.Mr. DeSantis dismissed the significance of the legislators’ about-face.“Look, this happens in these things,” he told reporters on Saturday after signing the paperwork to file for the Florida primary. “We’ve had flips the other way in other states. It’s a dynamic thing. I mean, politicians do what they’re going to do.”But Mr. Trump made a point of bringing his new supporters onstage early in his speech, emphasizing how he was chipping away at Mr. DeSantis’s core base.He also portrayed Mr. DeSantis as having desperately sought his endorsement in 2018, saying that Mr. DeSantis had come to him with “tears flowing from his eyes,” and took credit for his political rise. Mr. Trump has made such attacks a mainstay of his stump speech.“It’s so disloyal,” Mr. Trump said of Mr. DeSantis’s decision to enter the 2024 race. And voters, he said, “care about loyalty.” The crowd whooped in affirmation.The crowd seemed to be on Mr. DeSantis’s side only when Mr. Trump discussed the coronavirus pandemic. As he rattled off the states whose Republican governors he believed best handled Covid-19, he conspicuously left out one.Members of the crowd filled in the blank: “Florida,” they shouted. Mr. Trump simply smirked and shrugged.During his time onstage earlier in the afternoon, Mr. DeSantis at times appeared to be operating within an alternate reality. He did not acknowledge Mr. Trump’s position in the race. His claim that Florida is “DeSantis Country” — certainly accurate when he won re-election by nearly 20 percentage points last year — ignored polling averages that show Mr. Trump 35 points ahead of him in the state.And while Mr. DeSantis opened his speech by joking that he did not need a teleprompter, a jab at President Biden, he frequently looked down at his notes as he spoke.Mr. Trump’s hold on Republicans in Florida was evident at the summit. The audience responded with booming cheers as he rattled off his accomplishments and attacked Mr. Biden. No other candidate received such resounding support.Mark Spowage, 73, said he had considered Mr. DeSantis a Republican “golden boy” after he received Mr. Trump’s endorsement as governor. But his opinion of Mr. DeSantis plummeted when he announced that he was challenging Mr. Trump — a shift shared by many of Mr. Trump’s loyal followers.“How does he think he has the right to do that?” Mr. Spowage, a software engineer, asked of Mr. DeSantis. “Because from my position, Trump was ordained, like someone that God has anointed to somehow take responsibility. For him to stand up to Trump, wow.”Many Republicans in the state have been privately whispering that Mr. DeSantis seems weaker at home than ever before, and Mr. Trump’s allies have said they are recruiting more defectors.Mr. DeSantis is now regularly ridiculed by his onetime ally, Mr. Trump. Memes poke fun at his unfortunate moments on the campaign trail, includinga controversy over whether Mr. DeSantis wears lifts in his boots. (He says he does not.)A spokesman for Mr. DeSantis’s campaign pointed out that he still has many more endorsements from state legislators in Florida, as well as in New Hampshire and Iowa, the first nominating states.Mr. Trump, however, remains widely popular with voters in those states. And though Mr. DeSantis has staked his campaign on a strong showing in Iowa, a recent survey found him tied there with Nikki Haley, the former governor of South Carolina. She has edged him out in polls in New Hampshire as well.Ms. Haley was originally scheduled to speak at Saturday’s summit but did not attend. Her campaign did not answer questions about her absence.Mr. Trump will again try to overshadow Mr. DeSantis on Wednesday, when the governor and other G.O.P. rivals take part in the third Republican debate in Miami. The former president, who has announced that he will instead hold a rally in Hialeah, Fla., is skipping the debate once again, a decision Mr. DeSantis sharply criticized earlier this week but did not mention on Saturday.“If Donald Trump can summon the balls to show up to the debate, I’ll wear a boot on my head,” Mr. DeSantis said in an interview on Newsmax on Thursday.But the crowd at the summit was clearly in no mood to hear any digs at the former president, and candidates who criticized Mr. Trump were heckled. When former Gov. Asa Hutchinson of Arkansas said that he believed Mr. Trump would probably be found guilty in one of the criminal cases he was facing, the boos were ferocious.And Chris Christie, the former governor of New Jersey who has become an outspoken Trump critic, was jeered immediately after he took the stage.Mr. Christie was not dissuaded, firing back at the crowd, “Your anger against the truth is reprehensible.”Jazmine Ulloa More

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    Lauren Boebert, Facing Primary, Is Haunted by ‘Beetlejuice’ Episode

    The “Beetlejuice” incident continues to haunt the once-unrepentant congresswoman from Colorado. The state’s old guard is lining up behind a primary challenger.At a casino bingo hall in southwestern Colorado, Lauren Boebert, the Republican congresswoman, bounced her 6-month-old grandson on her knee.“The election’s still a ways away,” she said, as the guests arriving for the Montezuma County Republican Party’s annual Lincoln Day dinner trickled into the room. “And in talking with people at events like this, you know, it seems like there’s a lot of mercy and a lot of grace.”The month before, Ms. Boebert, then in the midst of finalizing a divorce, was caught on a security camera vaping and groping her date shortly before being ejected from a performance of the musical “Beetlejuice” at the Buell Theater in Denver for causing a disturbance. The footage contradicted her own initial claims about the incident, and the venue’s statement that Ms. Boebert had demanded preferential treatment added to the outrage.The episode has proved surprisingly sticky for Ms. Boebert, a politician who more than almost any other has embodied the gleefully provocative, no-apologies politics of the party’s right wing in the Biden era. Several local Republican officials have since announced their endorsement of Jeff Hurd, a more conventional Republican challenging her for the nomination this year.Mr. Hurd’s candidacy has become a vessel for Republican discontent with the perceived excesses of the party’s MAGA wing. His backers include old-guard party fixtures such as former Gov. Bill Owens, former Senator Hank Brown, and Pete Coors, the brewery scion, former Senate candidate and 2016 Trump fund-raiser, who will soon be offering his endorsement, according to Mr. Hurd’s campaign.Other Hurd supporters are more narrowly concerned about extending the party’s recent run of defeats in the state, and some are one-time fans of Ms. Boebert who complain that she has been changed by her political celebrity.“That crap she pulled in Denver pissed me off,” David Spiegel, a 53-year-old road traffic controller and Montezuma party activist, told Mr. Hurd as he mingled with guests at the dinner, near where Ms. Boebert was sitting.Jeff Hurd, a moderate Republican who is challenging Ms. Boebert for the nomination this year, has received endorsements from several local Republican officials.Polls have not yet been released in the primary race, and the question of whether Ms. Boebert, whose political celebrity far exceeds her official influence in Congress, has actually fallen in favor among the party’s voters remains theoretical for now. In interviews around the district, it was easy to find supporters who still stood by her.“She’s aggressive, she’s young, she’s got better ideas than most of them,” said Charles Dial, who runs a steel fabrication and recycling business in deep-red Moffat County, which Ms. Boebert won by more than 59 points in 2022. He shrugged off the theater incident and compared the attention it generated to “what they’re doing to Trump.”But Mr. Hurd’s endorsements suggest a concern among some party stalwarts that if Ms. Boebert remains a spirit animal for the right, she may be a wounded one.In 2022, despite the solidly Republican lean of her district, she won re-election by just 546 votes. The near-loss established her as the most vulnerable of the party’s most base-beloved politicians, and has made her defeat this year a sought-after trophy for Democrats.Adam Frisch, an Aspen businessman and former city councilman who ran as a Democrat against her in 2022, is hoping to challenge her again next year, though he first faces a primary contest against Anna Stout, the mayor of Grand Junction. Mr. Frisch has pulled in nearly $7.8 million in donations, more than any 2024 House candidate besides Kevin McCarthy, the recently deposed Republican speaker, and Hakeem Jeffries, the Democratic minority leader.Adam Frisch, a Democrat who is challenging Ms. Boebert, has pulled in nearly $7.8 million in donations: more than any 2024 House candidate besides Kevin McCarthy, the recently deposed Republican speaker, and Hakeem Jeffries, the Democratic minority leader.In August, before the theater incident, a poll commissioned by Mr. Frisch’s campaign found him leading Ms. Boebert by two points.In a rematch with Mr. Frisch, “I’ll definitely vote for Lauren,” said Cody Davis, a Mesa County commissioner who switched his endorsement from Ms. Boebert to Mr. Hurd. “But at the same time, I don’t think she can win.”Ms. Boebert burst onto the political scene in 2020 after winning a primary upset in Colorado’s Third District, which spans the entirety of the state’s western slope and nearly half of the state’s area.Then a 33-year-old owner of a gun-themed, pandemic-lockdown-defying bar and restaurant in the small town of Rifle, she was an immediate sensation in the right wing of the party, which had transparently longed for its own answer to Alexandria Ocasio-Cortez, the social media-savvy young left-wing Democratic congresswoman from New York.“She was a firebrand,” Kevin McCarney, at the time the chairman of the Mesa County Republican Party, recalled admiringly. Last year, Mr. McCarney defended Ms. Boebert in the media after she was criticized for heckling President Biden as he spoke about his son’s death in his State of the Union speech.Ms. Boebert burst onto the political scene in 2020 after winning a primary upset in Colorado’s Third District, which spans nearly half of the state. But her celebrity is far greater than her official power in Congress.For some Colorado Republicans, the primary contest for Ms. Boebert’s seat is a proxy battle in the ongoing conflict between an old guard of politicians and donors and the right-wing grass-roots activists that have come to dominate its state and county organizations.“I was still standing with her until her little escapade,” he said, referring to Ms. Boebert’s behavior during “Beetlejuice.”After that, Mr. McCarney endorsed Mr. Hurd.A 44-year-old attorney from Grand Junction, Mr. Hurd is, by his account, a lifelong conservative but a newcomer to politics. The son of a local medical clinic director, he attended the University of Notre Dame and was planning on becoming a Catholic priest when he met his wife, Barbora, at an American Enterprise Institute seminar in Bratislava. He went to law school instead.Soft-spoken and cerebral — he cites the Stoic philosopher Marcus Aurelius’s “Meditations” as his favorite book — Mr. Hurd holds similar policy views to Ms. Boebert on gun rights and conservative but less absolute views on abortion.He is presenting himself as a reprieve from the turmoil, tabloid headlines and Trump-centricity that Ms. Boebert has represented to her detractors.Mr. Hurd appears only peripherally in his first campaign ad, in which Barbora describes her journey to American citizenship after a childhood in Communist Czechoslovakia and warns that “we can’t take this freedom for granted” — a Reagan-revivalist pitch that also nods toward his concern about the risk of authoritarianism within his own party.Mr. Hurd is presenting himself as a reprieve from the turmoil, tabloids and Trump-centricity that Ms. Boebert has represented in the eyes of her detractors.Asked if he had voted for Mr. Trump in past elections, Mr. Hurd declined to answer, but then described a vision of the Republican Party where “we believe in, you know, the rule of law, the peaceful transfer of power in elections.”“When we as Republicans lose an election,” he went on, “we need to figure out how we go about winning the next one.”Ms. Boebert was early and vocal in promoting Mr. Trump’s false claim that the 2020 election was stolen.For some Colorado Republicans, the primary contest for her seat has become a proxy battle in the ongoing conflict within the party between an old guard of politicians and donors and the right-wing grass-roots activists that have come to dominate its state and county organizations — a fight in which 2020 election denial is a major dividing line.Others are simply concerned that Ms. Boebert could easily lose to Mr. Frisch, a self-described conservative Democrat. “We all know what happened last cycle,” said Bobbie Daniel, a Mesa County commissioner who supported Ms. Boebert last year and is now backing Mr. Hurd. “There wasn’t a lot of room for error.”Mr. Frisch’s near-victory came as a surprise in a race that few in either party expected to be competitive. “We got blown off by everybody,” Mr. Frisch recalled. His campaign effectively ran out of money two weeks before the election, at which point his operation was “just me doing another couple of thousand miles in the pickup truck,” he said.He will not have that problem this year. Mr. Frisch and outside Democratic groups have already reserved $1.2 million in advertising for the race — more than any other 2024 House race so far and more than 100 times what Republicans have spent in the district, according to Ad Impact, a media tracking firm.Drew Sexton, Ms. Boebert’s campaign manager, noted that her campaign last year spent little time trying to shape voters’ impressions of Mr. Frisch, and argued that 2024 would be a different contest.“A lot of folks sat out the midterm election, whether it was apathy or a belief that there was a red wave and they didn’t need to participate, or just the fact that President Trump wasn’t on the top of the ticket,” he said. “Those folks are going to come back in droves this cycle.”On the stump, Ms. Boebert has worked hard to show supporters that she is not taking their votes for granted. In her speech at the Montezuma County dinner, she had only one applause line about investigating the Biden family and had many particulars about water policy. There was also contrition.“You deserve a heartfelt, humble apology from me,” she told the crowd.Many of her backers have accepted the apology, if not unconditionally. “Lauren’s made it harder for herself,” said Kathy Elmont, the secretary of the Ouray County Republican Party, who has supported Ms. Boebert since her first campaign. “But I look at it as a Christian.” She recalled the passage in the Gospel of John in which Jesus admonishes a crowd against stoning an adulterous woman: “He that is without sin among you, let him first cast a stone at her.”But Mrs. Elmont pointed out that wasn’t the last of the story. “He ended with, ‘And sin no more,’” she said. More

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    Can Glenn Youngkin Save the G.O.P. from Trumpism?

    It’s a perfect fall weekend in Virginia horse country, about two weeks before Election Day, and the American Legion hall in Middleburg is decked out for a rally featuring Gov. Glenn Youngkin, who is not on the ballot but is stumping hard for his fellow Republicans. His name is everywhere: on a bright blue backdrop behind the stage, on the swag in the front room, on the side of a bus out front with the slogan “Strengthening the Spirit of Virginia Together.” The bus is a high-end prop for Mr. Youngkin’s “Secure Your Vote” tour, which has him crisscrossing the state to promote early voting. His attempt to reverse Republican mistrust of early and absentee voting is one way the governor stands apart from the leader of his party, Donald Trump. But it is not the only way.Looking over the crowd, you can’t help but notice a dearth of Trump paraphernalia. One woman has on a blue “Nikki Haley for president” vest, and another one is rocking a “Moms for Liberty” T-shirt. Virginia’s Republican base has plenty of Trump love, yet it’s not a visibly MAGA-rific gathering. This makes a certain political sense: Joe Biden won this county in 2020, as did Mr. Youngkin’s Democratic rival in 2021. But the fact that Mr. Youngkin is aggressively campaigning in blue areas is not only a sign of his popularity, it differentiates him from Mr. Trump, who largely sticks to safe conservative spaces.As Mr. Youngkin bounds into the hall in his signature red vest — smile beaming, cheeks ruddy from the wind — he radiates the upbeat, hunky-P.T.A.-dad vibe that helped carry him to victory in 2021. His voice ranges from an urgent whisper to a gargly rasp as he raves not about his personal grievances or some vision of American carnage, but about the “common sense” plans he and his party have for Virginia. He spotlights a handful of policy areas — jobs, tax relief, crime, mental health care, education — and contends that Republicans, and Virginians, “win” when sensible people come together. Mr. Youngkin’s sales pitch casts the G.O.P. as a party filled with practical folks who want to get stuff done — as opposed to the Democrats, he charges, who “just want to sell fear.”Remember that “fear” line. It’s revealing about Mr. Youngkin’s brand of politics, but it’s also about as edgy as the guy gets. His performance is a far cry from MAGA.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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    Trump Is Temporarily Free From Gag Order in Election Case

    A three-judge panel of the federal appeals court in Washington lifted the order for at least two weeks, freeing the former president to say what he wants about prosecutors and witnesses.An appeals court in Washington on Friday paused the gag order imposed on former President Donald J. Trump in the federal case accusing him of seeking to overturn the 2020 election, temporarily freeing him to go back to attacking the prosecutors and witnesses involved in the proceeding.In a brief order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia said the pause of about two weeks was needed to give it “sufficient opportunity” to decide whether to enact a longer freeze as the court considered the separate — and more important — issue of whether the gag order had been correctly imposed in the first place.The panel’s ruling came in response to an emergency request to lift the order pending appeal that Mr. Trump’s lawyers filed on Thursday night. While the judges — all three of whom were appointed by Democrats — paused the gag order until at least Nov. 20 to permit additional papers to be filed, they wrote in their decision on Friday that the brief stay “should not be construed in any way as a ruling on the merits” of Mr. Trump’s broader motion for a more sustained pause.The gag order, which was put in place last month by Judge Tanya S. Chutkan in Federal District Court in Washington, has now been frozen, reinstated and frozen again. The protracted battle, with its back-and-forth filings and multiple reversals, has pitted two visions of Mr. Trump against each other.Prosecutors working for the special counsel, Jack Smith, have repeatedly tried to portray the former president as a serial abuser of social media whose often belligerent posts about people involved in the election subversion case have had dangerous effects in the real world.Mr. Trump’s lawyers, by contrast, have sought, without evidence, to paint Judge Chutkan’s order as an attempt by President Biden to “silence” his chief opponent in the 2024 election as the race heats up. The former president’s lawyers have argued that the order undermines Mr. Trump’s First Amendment rights to express one of the central messages of his campaign: that the four criminal prosecutions brought against him in the past several months are a form of political persecution.Mr. Trump appears to have paid close attention to the various iterations of the order, and the most recent pause opened the possibility that he could return to making threatening posts that violated the initial restrictions that Judge Chutkan put in place.Her written order barred Mr. Trump from targeting members of her court staff, Mr. Smith or members of his staff, or any people who might reasonably be called to appear as witnesses at trial.The previous time the gag order was lifted — a move Judge Chutkan herself undertook — Mr. Trump almost immediately assailed Mr. Smith as “deranged.”He also made at least two public comments that appeared to target his former White House chief of staff, Mark Meadows, who could be called as a witness in the case. More

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    The Presidential Fantasy Draft America Needs

    Michelle Cottle, Ross Douthat, Carlos Lozada and Listen to and follow ‘Matter of Opinion’Apple Podcasts | Spotify | Amazon MusicThe polls are clear: Neither Joe Biden nor Donald Trump has the full confidence of American voters. But is Biden’s latest competition, Democratic Representative Dean Phillips of Minnesota, the answer to voters’ malaise? Or perhaps an independent candidate like Robert F. Kennedy Jr.?On this week’s episode of “Matter of Opinion,” the hosts imagine their own alternative candidates for 2024 and debate what good — if any — could come from long-shot contenders.(A transcript of this episode can be found in the center of the audio player above.)Illustration by The New York Times; Photograph by Ken Wiedemann/Getty ImagesMentioned in this episode:“Dean Phillips Has a Warning for Democrats,” by Tim Alberta in The AtlanticThoughts about the show? Email us at matterofopinion@nytimes.com.Follow our hosts on X: Michelle Cottle (@mcottle), Ross Douthat (@DouthatNYT), Carlos Lozada (@CarlosNYT) and Lydia Polgreen (@lpolgreen).“Matter of Opinion” is produced by Phoebe Lett, Sophia Alvarez Boyd 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. Special thanks to Katherine Miller. More

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    Trump 14th Amendment Disqualification Trial: What to Know About the Colorado Case

    The lawsuit in Denver is one of several across the country arguing that former President Donald J. Trump is ineligible to hold office again.The continued existence of former President Donald J. Trump’s 2024 campaign is being litigated this week in an unassuming courtroom in Colorado.The trial stems from a lawsuit brought by voters in the state who argue that Mr. Trump is ineligible to hold office under the 14th Amendment of the Constitution because of his actions before and during the Jan. 6, 2021, attack on the Capitol. And the Colorado disqualification case isn’t isolated. Oral arguments stemming from a similar suit, in Minnesota, were held on Thursday.Here is a look at the Colorado case and beyond.What is the background on the Colorado lawsuit?It was filed in September in a state district court in Denver by six Colorado voters — four Republicans and two independents — who are suing with the help of the watchdog group Citizens for Responsibility and Ethics in Washington.These voters argue that Mr. Trump’s presence on the Republican primary ballot next year would harm them by siphoning support from their preferred candidates and, if he won the nomination, by depriving them of the ability “to vote for a qualified candidate in the general election.”They are demanding that the Colorado secretary of state not print Mr. Trump’s name on the ballot, and are asking the court to rule that Mr. Trump is disqualified in order to end any “uncertainty.”What is the 14th Amendment, and what does it say?The Colorado case specifically concerns Section 3 of the 14th Amendment, which says:No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, 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. But Congress may by a vote of two-thirds of each House, remove such disability.The central questions are whether the 14th Amendment applies to the presidency; whether Mr. Trump’s behavior before and on Jan. 6 constitutes “engaging in insurrection or rebellion against” the Constitution; and whether election officials or the courts can deem a person ineligible under Section 3 without specific action by Congress identifying that person.Constitutional experts have emphasized in interviews with The New York Times that the answers to these questions are not simple or self-evident.In public writings, some scholars have argued that Mr. Trump is ineligible. In an academic article, the conservative law professors William Baude and Michael Stokes Paulsen concluded: “It is unquestionably fair to say that Trump ‘engaged in’ the Jan. 6 insurrection through both his actions and his inaction.” Others have argued the opposite, with the law professors Josh Blackman and Seth Barrett Tillman saying in a recent draft paper that they see “no sound basis” for Mr. Baude’s and Mr. Paulsen’s conclusions.What is the plaintiffs’ side saying?From Monday through Wednesday, lawyers for the plaintiffs — the six Colorado voters — called seven witnesses:Daniel Hodges, a Washington, D.C., police officer, and Winston Pingeon, a Capitol Police officer, who were at the Capitol on Jan. 6. They testified that rioters had come equipped with tactical gear and had made it clear that they believed themselves to be acting on Mr. Trump’s behalf. On cross-examination, lawyers for Mr. Trump sought to distance him from the rioters, noting that the officers could not know that any individual rioter had heard his speech.Representative Eric Swalwell, Democrat of California, who said lawmakers had read Mr. Trump’s Twitter posts during the attack and saw them as connected “to our own safety in the chamber and also the integrity of the proceedings.” On cross-examination, lawyers for Mr. Trump quoted Mr. Swalwell’s own Twitter post urging Democrats to “fight” against abortion restrictions and asked if that was a call for violence; Mr. Swalwell said no.William C. Banks, a law professor at Syracuse University and an expert on presidential authority in national security. He testified that Mr. Trump could have deployed National Guard troops without a request or permission from local officials.Peter Simi, a professor of sociology at Chapman University and an expert on political extremism. He testified that the far right used “doublespeak” — language that insiders understood to be calling for violence but that maintained plausible deniability. For years, he said, Mr. Trump built credibility with members of groups like the Proud Boys and Oath Keepers, such that they saw him as an ally speaking to them in that way.Gerard Magliocca, a law professor at Indiana University and an expert on Section 3 of the 14th Amendment. He said that when the amendment was ratified, “insurrection” was understood to refer to “any public use of force or threat of force by a group of people to hinder or prevent the execution of the law,” and “engaged” meant “any voluntary act in furtherance of an insurrection, including words of incitement.”Hilary Rudy, a deputy elections director in the Colorado secretary of state’s office. She testified that the secretary of state had a legal obligation to grant ballot access only to qualified candidates, that courts could play a legitimate role in determining who was qualified, and that the office would abide by whatever the court decided.The plaintiffs’ lawyers plan to call one additional witness Friday afternoon.What is Trump’s side saying?As of Thursday, lawyers for Mr. Trump had called six witnesses:Kashyap Patel, a former chief of staff at the Defense Department. He testified that Mr. Trump had pre-emptively authorized the deployment of 10,000 to 20,000 National Guard troops to keep the peace on Jan. 6, and that they were absent because the mayor of Washington had not requested them. Under cross-examination, Mr. Patel said he did not know of any document showing Mr. Trump’s authorization.Katrina Pierson, a former spokeswoman for Mr. Trump’s campaign, who described internal disagreements over who should speak at Mr. Trump’s Jan. 6 rally. She testified that Mr. Trump nixed most of the planned speakers, including the most incendiary ones. She also said he had expressed a desire for 10,000 National Guard troops.Amy Kremer, an organizer of the Jan. 6 rally on the Ellipse, called the rally attendees “freedom-loving citizens” and “happy warriors,” and said she had seen no indication of violence or violent intent while Mr. Trump was speaking. Under cross-examination, she acknowledged that she had been inside the area that required magnetometer scans, and that she would not have seen anything that happened outside that area.Thomas Van Flein, general counsel and chief of staff to Representative Paul Gosar, Republican of Arizona. He testified that the rally crowd was peaceful, but acknowledged that he had left before Mr. Trump spoke.Tom Bjorklund, who is the treasurer of the Colorado Republican Party but testified as a private citizen, attended Mr. Trump’s speech and then went to the Capitol, where he witnessed the riot but did not enter the building himself. He said in the first part of his testimony that he had not seen any violence from Trump supporters. Later, he said he had watched people break windows, but advanced the conspiracy theory that it was a false-flag operation by “antifa.” He also said he had understood Mr. Trump’s “instructions” to be for peaceful protest.Representative Ken Buck, Republican of Colorado, testified that he believed the Jan. 6 committee’s report — which the plaintiffs have frequently cited as evidence in their case — was one-sided in its assessment of Mr. Trump’s “culpability” in the attack.Mr. Trump’s team plans to call one more witness Friday morning: an expert who will offer a different interpretation from Professor Magliocca’s of the wording in Section 3 of the 14th Amendment.What has the judge said?Before the trial began on Monday, Mr. Trump’s team made several motions to dismiss the case. Judge Sarah B. Wallace, who is overseeing the trial, rejected them.On Wednesday, after the plaintiffs had finished calling most of their witnesses, Mr. Trump’s lawyers requested a “directed verdict” — a conclusion, before the defense had called any witnesses, that no legally sufficient basis existed for the plaintiffs to prevail. They argued that even if the plaintiffs’ claims were accepted as fact, that would not legally justify disqualifying Mr. Trump. His words, they said, did not meet the Supreme Court’s standard for incitement and therefore were protected by the First Amendment.Judge Wallace denied the request, but emphasized that her denial should not be construed as a ruling on the legal questions involved — including whether Mr. Trump had “engaged in insurrection” as the 14th Amendment meant that phrase, and whether the First Amendment limited how the 14th could be applied.Rather, she said she was denying the request because in order to grant it, “I would have to decide many legal issues that I am simply not prepared to decide today.”What happens next?It is not clear how long it will take for Judge Wallace to rule after the trial ends on Friday.However, the trial is being conducted under an expedited process with the goal of having a final resolution before a January deadline for the Colorado secretary of state to certify who is on the primary ballot — and everyone involved understands that her initial ruling needs to come with enough time for appeals to be resolved, too.The United States Supreme Court is expected to have the final say.Chris Cameron More

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    It Isn’t Easy to Be Mitt Romney

    It’s a wretched time to be an institutionalist in the Republican Party. But it’s a vital time to read about one.The new speaker of the Republican-controlled House of Representatives, Mike Johnson, is an election denier who finds the separation of church and state passé, while his party’s base seems eager to renominate a twice-impeached, four-times-indicted former president for the White House. It is in this era of degraded Republicanism that McKay Coppins has published “Romney: A Reckoning” — a look inside the public life and private misgivings of Willard Mitt Romney, the former governor of Massachusetts, 2012 Republican presidential nominee, current senator from Utah and politician eternally miscast for his time and his party.“You don’t want to be the only one sitting at the table and no one wants to sit with you,” Romney says to Coppins, explaining how he feels during Republican caucus lunches. The feeling has trailed Romney throughout his political life.The easy story to write about Romney today is that of the courageous apostate, the lone Republican senator who voted to convict Donald Trump during his first impeachment trial, the throwback to a vision of a party that barely exists today: fiscally conservative, morally upright, constitutionally conscientious. Washington journalists love tales of party-bucking mavericks, and Romney fits the part. Yet that is not the sole story that Coppins, a staff writer at The Atlantic, has chosen to tell.Instead, he explores the extent to which Romney wrestles with, and intermittently accepts, his role in what the Republican Party has become. When Coppins asks Romney if he would still have taken that courageous vote in Trump’s impeachment trial had the senator been 30 years younger, with many campaigns and elections still ahead of him, Romney demurs. “I don’t know the answer to that,” he admits. “I think I recognize now my capacity to rationalize decisions that are in my self-interest.”It is a memorable distillation of a life in politics, of the tension between high principle and unseemly justification. It’s a tension Romney has navigated better than most, in part for his willingness to acknowledge its existence.Rationalizations appear throughout Romney’s career. One came in 2012, when, as a presidential candidate, he sought and publicly accepted Trump’s endorsement for president, at a time when Trump was a reality-show host promoting the birtherism canard about President Barack Obama. Stepping on a Las Vegas stage with Trump was “one of the more humiliating chores” of Romney’s political life, Coppins writes, but the candidate explained it away as one of those things that politicians do. After all, if Obama could welcome endorsements from Kanye West and Lena Dunham, why couldn’t Romney stand alongside the host of “The Apprentice”? The awkwardness of the meeting was exquisite. “There are some things you just can’t imagine happening,” Romney said in front of the microphone. “This is one of them.”Four years later, during the 2016 presidential primary campaign, Romney delivered a brutal speech at the University of Utah attacking Trump’s policies (“The country would sink into a prolonged recession”), intelligence (“He is very, very not smart”), honesty (“His promises are as worthless as a degree from Trump University”) and character (“Imagine your children and grandchildren acting the way he does”). He almost seemed to enjoy himself, delivering zingers and pausing for laughs as though Trump’s ascent to the White House was one more thing he couldn’t imagine happening. During the race, he also assailed prominent Republicans, like Chris Christie, the former governor of New Jersey and one of the first mainstream party leaders to back Trump. The endorsement “diminishes you morally,” Romney told Christie in an email, and only withdrawing it could “preserve your integrity and character.”Romney also tried to coordinate strategy with Trump’s primary opponents and, once it was clear Trump had secured the nomination, he even hoped to rustle up a third-party candidate. All such efforts are part of a self-perceived family trait that the senator calls the “Romney obligation” — the compulsion to run toward a crisis, whether that means saving the 2002 Winter Olympics in Salt Lake City from mismanagement and corruption or trying to rescue the 2016 Republican Party from its Trumpian fate.But Coppins raises the inevitable question: “Where was this principled stand when Romney was running for president himself?” Romney’s answer comes off as vaguely dismissive. “Obviously if I did anything to help legitimize him, I regretted it,” he said. That’s a big “if.” Obviously.John Angelillo/UPI, via Associated PressPerhaps, as Coppins suggests, Romney didn’t consider Trump much of a political threat in 2012, just one more bombastic donor to attract and appease. But there was no such excuse four years later, when Romney legitimized Trump yet again, this time shortly after the 2016 election, agreeing to meet with Trump to discuss becoming his secretary of state. After meeting with Trump, Romney even told reporters that he had “increasing hope that President-elect Trump is the very man who can lead us to that better future.” It is hard to reconcile the man who pilloried Trump at the University of Utah earlier that year with the one sitting at dinner with Trump and Reince Priebus at Trump Tower’s Jean-Georges, with a look, as Coppins writes, of “forlorn defeat.”To his credit, Romney fesses up to his mixed motives. “I looked at what was happening in the world, and these were really troubling times,” he said to Coppins, arguing, as many Republicans did at the time, that the country needed serious people in the new administration. But Romney also relished the power and the relevance. “I like being involved and being in the middle of things, and having something important to do,” he said. “If you can’t be president, being secretary of state’s not a bad spot to come thereafter.” Trump wanted Romney to go further and repudiate his earlier attacks against him, but Romney declined. In a recent interview with me, Coppins described the secretary of state dalliance as “the last temptation” for Romney.The earlier temptations emerge well before Trump appears on the scene. As chairman of the Republican Governors Association, Romney traveled the country in 2006 to raise funds for candidates and try out his own message ahead of the primary season. He wanted to talk about jobs, but conservative crowds preferred to talk guns and terrorists and abortion. Romney complied. “When you speak to the N.R.A.,” he told Coppins, “you change your tone. I admit it.… You say the things that make the audience respond positively.”It’s quite a Trumpian approach, though maybe just a political one, too. “A new incentive structure took shape on those stages,” Coppins writes. “A new persona formed.” Soon, Romney began blasting the “death tax” during speeches, for instance, mainly because doing so got a good response. “It was one of those things you say because you don’t know what you’re talking about when you’re first running for president,” he told Coppins, a seemingly banal quote that grows more stunning with each rereading. Romney complains that he is “the authentic person who seems inauthentic,” but moments like those help explain why.There is a certain obliviousness to Romney’s campaigning, especially so during his 2012 presidential run, when the candidate still regarded the Tea Party as merely a movement for fiscal discipline. His campaign strategist, Stuart Stevens (who in the years since has become one of the most vociferous anti-Trumpers and one of the most disillusioned ex-Republicans), harbored no such illusions, telling Romney at the time that the primary was not about policy or ideology but about grievance and tribalism. “The base is southern, evangelical, and populist,” Stevens said. “You’re a Yankee, Mormon, and wealthy. We’re going to have to steal this nomination.”Observers of American politics often marvel that a country that twice elected Barack Obama could then replace him with Donald Trump. But it’s no less remarkable that a Republican Party that nominated Romney in 2012 could then turn around and choose Trump as its standard-bearer in 2016.Maybe Romney did steal the 2012 nomination from the proto-Trump Republican Party, or maybe Trump snatched the 2016 primary from the last gasp of the party establishment, or perhaps both are true. Regardless, Romney and his wife, Ann, were shocked as they watched Trump’s rallies on television, with the crowds “crescendoing to a state of near-delirium that bordered on bloodlust,” Coppins writes. As Ann Romney said to her husband, “Those people weren’t at our events.”Unless they were. In politics, people can be as extreme, or as reasonable, as their options.Damon Winter/The New York TimesCoppins depicts Ann Romney as the pivotal influence in her husband’s life; he is always trying to win and preserve her approval. A close second is his father, George Romney, the governor of Michigan, Republican presidential candidate and Housing and Urban Development secretary in the Nixon administration. “He’s both inspired by and at times haunted by his dad’s legacy,” Coppins told me, and their political careers feature parallels as well as divergences. Mitt’s stand against Trump is reminiscent of George’s opposition to the 1964 nomination of Barry Goldwater, and during the protests following the murder of George Floyd in 2020, Mitt thinks back to his father’s steadfast support for civil rights in the late 1960s, even as urban unrest spread and Richard Nixon peddled law and order.Decades later, Romney remains aggrieved at the news media’s response when his father — in an infelicitous choice of metaphor — complained that he had undergone a “brainwashing” by the government spin about the Vietnam War. The controversy surrounding his use of that term finally derailed George Romney’s presidential aspirations. At the start of his own campaign for the 2008 nomination, Romney gave his senior staff a copy of an 88-page master’s thesis, written in 1969 by a George Romney campaign staffer, describing how his father had gone from front-runner to also-ran. The elder Romney’s crucial political misstep, Coppins writes, was a compulsion to speak his mind and stick to his beliefs, no matter the consequences, even when seeking the nation’s highest office.His son sought to avoid that mistake in his own White House bids. “The one question Romney would struggle to answer — even a decade later — was whether he had been true to himself in his pursuit of the presidency,” Coppins writes. (I hate to say it, but if you can’t settle that question after all those years, maybe you know the answer.) When Romney speaks to student groups these days, Coppins reports, the senator advises them never to trade away their integrity for political gain, and he says it with an air of someone who has lived that trade-off. “It’s not worth it,” he tells them. “Believe me.”Upon joining the Senate in 2019, “Romney finally felt free to follow his father’s example — the way he’d always wanted to — without worrying about the politics.” He knew that voting to convict Trump of abusing the powers of the presidency would marginalize him in the modern Republican Party, and he agonized over the decision; after all, it is one thing to be an outlier, another to be an outcast. (His 2012 running mate, Paul Ryan, a former House speaker, showed his colors by reaching out when he had learned how Romney would vote, not to offer support but to try to talk him out of it.) “My promise before God to apply impartial justice required that I put my personal feelings and political biases aside,” Romney said on the Senate floor, a brief but indelible counterpoint to what his party had become.Did this moment come late in Romney’s career, only once the prize of the presidency was no longer possible? Yes. Did it allow Romney to make a statement rather than a difference, in that his isolated vote could not produce Trump’s conviction? Of course. But over time, a statement can become a difference. As a senator, Romney still voted in line with Trump’s agenda most of the time, but his declaration that Trump’s behavior was “wrong, grievously wrong” was the assertion of principle over self-interest, affirming his father’s legacy and bringing him closer to fulfilling the Romney obligation. When I asked Coppins how history might look upon Romney, he answered: “If we could all be remembered for eventually reaching the best version of ourselves, I think that would be wonderful. And I think that would be fair for him.”Romney has long kept private journals, and Coppins noticed that the most copious entries came during the 2012 campaign, when Romney imagined he was gathering material for a memoir. He would never write one because, as he explained to Coppins, no one reads memoirs by the losers. That may be so. But “Romney: A Reckoning” shows that books about the losers can be worth the read, and that eventual victories can be worth the losses.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