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    Biden’s Classified Documents Scandal Is Really Bad for 2024

    Remember the iconic image of a smiling Joe Biden in his 1967 Corvette Stingray? It conjured charming Uncle Joe, a retro-cool guy who’d been around the track and knew how to handle it.Four months after President Biden called Donald Trump’s mishandling of classified documents “irresponsible,” that vintage car — parked at the president’s home in Delaware next to his own boxes containing classified material — has been transformed into a shiny symbol of hypocrisy. If you went into a G.O.P. whataboutism lab and asked for a perfect gaffe, you’d come out with the president snapping last week to a Fox News reporter, “My Corvette is in a locked garage.”Well, the storage room at Mar-a-Lago is locked, too.Just two weeks ago, Democrats were chortling over chaos in the G.O.P., convinced that far-right Republican control of the House would help them in 2024. Then they experienced the exquisite torture that comes with the slow release of politically damaging information, in this case the acknowledgment of classified documents found in Mr. Biden’s former offices and Wilmington home. Now he’s fully in the barrel — targeted by powerful congressional committees, aggressive reporters looking for scoops and a methodical new special counsel, Robert Hur, to match Jack Smith, the special counsel investigating Mr. Trump.The optical equivalence between Mr. Trump and Mr. Biden is phony, of course. Mr. Trump is a grifter who appears to have intentionally taken hundreds of classified documents, bragging that he kept the folders marked “classified” or “confidential” as “‘cool’ keepsakes.” He said of his stash of classified documents, according to several advisers, “It’s not theirs; it’s mine,” and seemingly defied a subpoena to return the documents, thereby exposing him to possible prosecution for obstruction of justice. Mr. Biden, by contrast, was sloppy and slow to search for and disclose the existence of about 20 stray classified documents but is fully cooperating with authorities.Unfortunately for Mr. Biden, this distinction cannot easily survive the miasma of congressional and special counsel subpoenas, relentless questions from reporters and fresh allegations of impropriety that signal the arrival of a new episodic political drama. Many voters with better things to do with their time than parse the nuances of presidential record keeping may casually conclude that both men are careless, lying politicians.On one level, the classified documents imbroglio is just an acrimonious prelude to the 2024 campaign, a story that will surface, disappear, then surface again with tiresome predictability. But Mr. Biden’s new problems run deeper than that. They represent both a challenge to his core political brand of honor and decency and the start of a more intense, potentially combative period of scrutiny for a president poised to seek re-election. All of which suggests that we may look back on January of 2023 as the end of a relatively brief era in American political life — a period, for all its turmoil, when two Democratic presidents avoided being enmeshed in the grinding machinery of scandal that has otherwise characterized Washington for half a century.All 10 American presidencies since 1973 have faced investigation by a special counsel or independent prosecutor, except one: Barack Obama’s. For eight years, Mr. Obama and his vice president and other high-ranking officials were seen as figures of unusual rectitude, and the impression of integrity returned when Mr. Biden took office after four years of wall-to-wall corruption. But now this sharp ethical contrast with Mr. Trump has been dulled. That complicates the president’s expected re-election campaign — and could even short-circuit it.Most Democrats still think Mr. Biden is honest, and they view his accomplishments on the economy, climate, infrastructure and defending democracy as far more significant than this lapse. But it’s hard to exaggerate the level of Democratic exasperation with him for squandering a huge political advantage on the Mar-a-Lago story and for muddying what may have been the best chance to convict Mr. Trump on federal charges. Mr. Biden’s more serious problem may be with independents, whom he carried by nine points in 2020. Unforced errors can take a toll with them. Even as the classified documents story eventually fades — it will most likely not be a first-tier issue next year — swing voters may see him in a harsher light.To understand why, it’s necessary to look back more than a dozen years. From the first moments of Mr. Obama’s presidency, Republicans attacked him for everything from having been born in Kenya (a racist lie pushed by Mr. Trump, among others) to wearing tan suits. Even when it distracted Mr. Obama, he brushed it all off his shoulders.That’s because the Obama-Biden administration set an exceptionally high ethical standard and usually met it. Mr. Obama’s scandal-less White House liked to keep things “tight,” as he put it — sometimes too tight. If any appointee stepped out of line, the response was often to fire first and ask questions later, as Shirley Sherrod, a Black official at the Agriculture Department, learned in 2010 after Fox News aired a highly edited tape taken from a right-wing website that made it seem she had delivered a racist speech to the N.A.A.C.P. Ms. Sherrod’s remarks were in fact taken badly out of context, but by the time this was recognized, she had already been dismissed. (The agency subsequently offered to rehire her.)Essentially all Obama-era “scandals” collapsed under scrutiny or never touched his White House. Oceans of ink were spilled chronicling the bankruptcy of Solyndra, a solar panel company that received loan guarantees from the Energy Department. But no improper conduct was ever established, and the overall loan guarantee program actually turned a profit for the government. Likewise, a poorly planned and ill-fated sting at the U.S.-Mexico border called Operation Fast and Furious brought inconclusive congressional hearings and a contempt citation for Attorney General Eric Holder but did not tarnish Mr. Obama.Mr. Biden’s vulnerabilities are closer to home. His allies are reportedly claiming the story will blow over because it’s just D.C. noise, but that was not Hillary Clinton’s experience with her emails and server. In the same way that the grueling Benghazi hearings from 2014 through 2016 softened Mrs. Clinton up for later attacks, the Biden documents story may give new life to unproven allegations about his connections to unsavory Chinese executives in business with members of his family. Did foreign nationals have access to the mishandled classified documents? That’s highly unlikely. But Republican lawmakers will use Democratic charges about security breaches at Mar-a-Lago as an excuse to open outlandish lines of inquiry.And the G.O.P. now has subpoena power to delve into red-meat targets like the contents of Hunter Biden’s laptop and any communications on it that involved the current president. James Comer, the new chair of the House Oversight Committee, will almost certainly haul Hunter Biden and his uncle James Biden, the president’s brother, before the committee to testify about their suspiciously lucrative deals with foreign firms and the way their business intersected disastrously with Hunter Biden’s squalid personal life.To navigate the coming storm, Joe Biden needs to up his political game — no small feat for a man of his age — and avoid becoming his own worst enemy. First, he will have to keep his famous temper out of public view. If Uncle Joe morphs into Testy Joe, over his son or his handling of classified documents or anything else, his problems will worsen. Beyond an improving economy and a successful conclusion to the war in Ukraine, the best medicine for his political ailments would be a surprising legislative victory. In the new Congress, 18 House Republicans represent districts that Mr. Biden carried in 2020. If Mr. Biden can persuade just a handful of them to vote against defaulting on the national debt and sending the global economy into a depression — a harder task than it sounds because of all-but-inevitable right-wing primary challenges — he’ll get credit for averting a major economic crisis.But even if Mr. Biden puts wins on the board, survives venomous Republican lawmakers and gets off with a slap on the wrist in the special counsel’s report, the classified documents story has likely stripped him of a precious political asset with some independents and Democrats: the benefit of the doubt. The general feeling that Mr. Biden — like Mr. Obama — is clean and scandal-free has been replaced by the normal Washington assumption of some level of guilt.Republicans are ferocious attack dogs, especially when they have something to chew on. And Mr. Biden, a better president than candidate, has never had the nimbleness necessary for good defense. When he first ran for president in 1988, he was forced to withdraw amid minor charges of plagiarism that a more dexterous politician might have survived. Over the years, his skills on the stump deteriorated. He performed poorly in Iowa and New Hampshire in 2020 and recovered in South Carolina and won the nomination only because Democrats concluded en masse that he was the best candidate to beat Mr. Trump.That remains the prevailing assumption inside the Democratic Party: He did it before and can do it again. But it’s not clear that rank-and-file voters agree. Last year a New York Times/Siena College poll showed nearly two-thirds of Democrats didn’t want Mr. Biden to run. While his standing improved after the midterms, he’s down in the first polls released since the documents story broke.The president is now an elderly swimmer in a sea of sharks. And some of them may even be Democrats. It’s not hard to envision an ambitious primary challenger arguing, more in sorrow than in anger, that he or she supports most of the Biden record but elections are about the future and the party needs a more vigorous candidate. (Mr. Biden would be 86 at the end of a second term.) Democratic leaders will be shocked and appalled by the upstart’s temerity in spoiling the party’s impressive unity. But New Hampshire is full of anti-establishment independents, and basically the entire state is furious with Mr. Biden for proposing to bump its primary to the second week of the schedule. He could easily lose or be weakened there, opening the door for other Democrats. Which ones? That’s what primaries are for.In the meantime, the president isn’t looking good in polls pitting him against Republicans in hypothetical 2024 matchups. Mr. Biden and Mr. Trump have been running about even, a depressing finding for Democrats. And if the G.O.P. nominates a younger candidate like Ron DeSantis, Mr. Biden could be the octogenarian underdog in the general election.Imagine instead that the president takes a leaf from Nancy Pelosi and decides not to run. Mr. Comer and the clownish members of his committee would probably end up training most of their fire on Democrats not named Biden. Democrats would “turn the page,” as Mr. Obama recommended in 2008, to a crop of fresher candidates, probably governors, who contrast better with Mr. Trump and would have good odds of beating a younger Republican. And the smiling old gentleman in the Corvette — his shortcomings forgotten and his family protected — would assume his proper place as a bridge between political generations and arguably the most accomplished one-term president in American history.Jonathan Alter, a longtime political journalist, writes the newsletter Old Goats and has written books on Franklin D. Roosevelt, Barack Obama and Jimmy Carter.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Can Trump Count on Evangelicals in 2024? Some Leaders Are Wavering.

    The former president, who relied on evangelical voters in 2016, has accused Christian leaders of “disloyalty” and blamed them for Republicans’ disappointing midterm performance.On Sunday, the Rev. Robert Jeffress, a longtime supporter of Donald J. Trump who has yet to endorse his 2024 White House bid, shared the stage at his Dallas megachurch with one of the former president’s potential rivals next year: former Vice President Mike Pence.The next day, Mr. Trump lashed out at Pastor Jeffress and other evangelical leaders he spent years courting, accusing them of “disloyalty” and blaming them for the party’s disappointing performance in the 2022 midterm elections.While Pastor Jeffress shrugged off the criticism, others weren’t as eager to let it slide, instead suggesting that it was time for Mr. Trump to move out of the way for a new generation of Republican candidates.The clash highlighted one of the central tensions inside the Republican Party as it lurches toward an uncertain 2024 presidential primary: wavering support for Mr. Trump among the nation’s evangelical leaders, whose congregants have for decades been a key constituency for conservatives and who provided crucial backing to Mr. Trump in his ascent to the White House.If these leaders break with Mr. Trump — and if evangelical voters follow, which is by no means a certainty — the result will be a tectonic shift in Republican politics.“When I saw his statement, I thought, ‘You’re not going to gain any traction by throwing the most loyal base under the bus and shifting blame,’” said Bob Vander Plaats, an influential evangelical activist in Iowa and the chief executive of the Family Leader organization.Mr. Vander Plaats said that while evangelicals were grateful to Mr. Trump for his federal judicial appointments and for moving the United States Embassy in Israel to Jerusalem, many thought that his time as leader of the party has passed given how hardened many Americans’ views of him are. Asked whether Mr. Trump would command support among evangelical leaders as he did in the past, Mr. Vander Plaats, who has criticized Mr. Trump in the past, said, “No way.”Indeed, recent polls point to some Trump fatigue among Republican voters. But it is an open question whether evangelical voters will abandon him if prominent Christian ministers support other candidates. And Mr. Trump has previously had an ability to cleave various types of conservative voters from their longtime leaders, as he did during his unexpected Republican primary victory in 2016.In a New York Times/Siena College poll in October, before the midterm elections, nearly half of Republican voters said that they preferred someone other than Mr. Trump to be the party’s 2024 presidential nominee. But the same poll showed that 54 percent of evangelical voters said they planned to support him.President Donald J. Trump in 2017 with Robert Jeffress, an influential evangelical pastor and longtime Trump supporter. Mr. Jeffress has not endorsed Mr. Trump’s candidacy for president in 2024.Pool photo by Olivier DoulieryA spokesman for Mr. Trump declined to comment. Paula White, the televangelist who led Mr. Trump’s evangelical advisory board while he was president, could not be reached for comment.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.2023 Races: Governors’ contests in Kentucky, Louisiana and Mississippi and mayoral elections in Chicago and Philadelphia are among the races to watch this year.Democrats’ New Power: After winning trifectas in four state governments in the midterms, Democrats have a level of control in statehouses not seen since 2009.G.O.P. Debates: The Republican National Committee has asked several major TV networks to consider sponsoring debates, an intriguing show of détente toward the mainstream media and an early sign that the party is making plans for a contested 2024 presidential primary.An Important Election: The winner of a seat on the Wisconsin Supreme Court in April will determine who holds a 4-to-3 majority in a critical presidential battleground state.Since his first campaign, Mr. Trump has considered the evangelical movement a crucial piece of his constituency. He was helped by a relationship that his lawyer and fixer at the time, Michael D. Cohen, had with the Rev. Jerry Falwell Jr., then the president of Liberty University.Mr. Trump tapped Mr. Pence to be his running mate in 2016 in part to assure wary evangelicals that a New York businessman could be trusted to keep his campaign promises.Many evangelicals set aside their skepticism of Mr. Trump’s sometimes scandalous behavior and focused on a long list of policy pledges from the candidate, a thrice-married reality television star. In one memorable moment, Mr. Falwell celebrated his 2016 endorsement of Mr. Trump by posing for a picture with him in front of a Trump Tower office wall that included a framed copy of a 1990 Playboy cover featuring the brash real estate developer.The uneasy alliance between Mr. Trump and evangelical leaders showed signs of strain during an interview he gave with Real America’s Voice, a right-wing streaming and cable network..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Asked about Pastor Jeffress’s neutrality in the 2024 race, Mr. Trump said he did not care, then declared that it was “a sign of disloyalty.” The former president pointed to the Supreme Court ruling last year overturning the federal right to an abortion — a decision led by three of Mr. Trump’s appointees — and said he was “a little disappointed” in some evangelical leaders who “could have fought much harder” during the midterms.“A lot of them didn’t fight or weren’t really around to fight,” Mr. Trump said. “And it did energize the Democrats, but a lot of the people that wanted and fought for years to get it, they sort of — I don’t know — they weren’t there protesting and doing what they could have done.”Mr. Trump’s interviewer, David Brody, who is also a longtime commentator for the Christian Broadcasting Network, appeared to sense the potential effect Mr. Trump’s comments could have on evangelical voters. He told the former president that some anti-abortion activists had taken exception to being blamed for midterm losses.“Do you want to clear that up at all?” Mr. Brody asked.Mr. Trump doubled down.“It’s sort of what I explained to you,” he said. “I just didn’t see them fighting during this last election — fighting for victory for people that were on the same side as all of us.” He added, “The only rallies were the rallies I gave.”In reality, Mr. Trump, a former Democrat who once called himself supportive of abortion rights, has often been uncomfortable discussing the issue, going back to his 2016 campaign. He privately viewed the Supreme Court decision overturning Roe v. Wade as problematic for Republicans, and he rarely spoke about abortion during his 2022 campaign rallies.Mr. Vander Plaats suggested that Republicans’ failure to win control of the Senate in November was due in part to Mr. Trump’s support for candidates like Mehmet Oz in Pennsylvania, who did not make abortion a central focus of his candidacy.“Having an instinct to go after a very loyal base that you’re going to need in the Iowa caucuses, in the Republican primary, that’s just a bad instinct or it’s really bad advice,” Mr. Vander Plaats said, adding that “it’s time to turn the page” and put Mr. Trump’s movement behind another candidate.Mr. Trump’s political future may be complicated by multiple investigations into his conduct, both before he was a candidate in 2016 and his efforts to thwart the peaceful transfer of power after he lost in November 2020. Even if those investigations close without actions being taken against him, evangelical leaders and voters may have several other Republican options. One of them is Mr. Pence, a longtime evangelical who has visited churches in various states and has been outspoken in support of the Supreme Court’s abortion ruling. Another is Mike Pompeo, who served as secretary of state and C.I.A. director under Mr. Trump. There is also Gov. Ron DeSantis of Florida, who a number of donors are hoping will enter the race.Marc Short, a top adviser to Mr. Pence and his former chief of staff, suggested that faith leaders recognized that the former vice president “is one of them.” He said that Mr. Trump “confuses their appreciation for what he did” in office with “their commitment to Christ and their congregations, first and foremost.”Ralph Reed, the founder of the Faith and Freedom Coalition, a conservative advocacy group, said Mr. Trump was right to be frustrated about the political response from conservatives after the Supreme Court’s decision in the abortion case, Dobbs v. Jackson Women’s Health Organization.Democrats had a plan to attack Republicans over the ruling, Mr. Reed said, while Republicans struggled to mount a political defense.Ralph Reed, the founder of the Faith and Freedom Coalition, said that on abortion, Republicans must “have a plan, get on offense and portray the Democrats as the extremists.”Nicole Craine for The New York Times“Too many Republican candidates tried to stick their heads in the sand, ignore the Dobbs decision and talk singularly about inflation and gas prices, with predictable results,” Mr. Reed said.“Trump is correct that if the party is going to succeed in 2024 and beyond, it has to own this,” he added. “We’ve got to have a plan, get on offense and portray the Democrats as the extremists.”Pastor Jeffress said in an interview that he did not view Mr. Trump’s comments as a personal attack. The pastor of a 16,000-member church, Pastor Jeffress was one of the few political veterans who anticipated the sea change in conservative politics six years ago and was one of Mr. Trump’s early, prominent endorsers.But, even now, he is hedging his bets in his neutrality.After telling Newsweek in November that he was withholding an endorsement because “the Republican Party is headed toward a civil war that I have no desire or need to be part of,” Pastor Jeffress said on Wednesday that he had not endorsed a 2024 candidate in part because Mr. Trump had not asked.Pastor Jeffress predicted that evangelicals would eventually coalesce around Mr. Trump, who, he said, “is most likely going to be the 2024 nominee.”“I just don’t see the need for an endorsement right now — not because of any lack of enthusiasm for President Trump, but I think keeping my powder dry might be the best thing for the president,” Pastor Jeffress said. “Timing is everything, and I think it might be a little early to do that.” More

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    John Eastman Is Defiant as Trump-Related Investigations Proliferate

    A legal reckoning awaits a chief architect of Donald Trump’s effort to reverse his election loss. But in Mr. Eastman’s telling, he was far from a criminal.WASHINGTON — John C. Eastman, a legal architect of Donald J. Trump’s efforts to overturn his 2020 election loss, invoked the Fifth Amendment more than 100 times under questioning by the House Jan. 6 committee.But in recently released testimony from the committee’s investigation, other witnesses had plenty to say about him.Many White House lawyers expressed contempt for Mr. Eastman, portraying him as an academic with little grasp of the real world. Greg Jacob, the legal counsel to former Vice President Mike Pence, characterized Mr. Eastman’s legal advice as “gravely, gravely irresponsible,” calling him the “serpent in the ear” of Mr. Trump. Eric Herschmann, a Trump White House lawyer, recounted “chewing out” Mr. Eastman. Pat A. Cipollone, the chief White House counsel, is described calling Mr. Eastman’s ideas “nutty.”In the coming months, Mr. Eastman will be facing a legal reckoning. He has been drawn into the criminal investigation into election interference in Atlanta, which is nearing a decision on potential indictments. The F.B.I. seized his iPhone. And the Jan. 6 committee, in one of its last acts, asked the Justice Department to investigate Mr. Eastman on a range of criminal charges, including obstructing a congressional proceeding. For good measure, he faces a disciplinary bar proceeding in California.A once-obscure scholar at the right-wing Claremont Institute, Mr. Eastman joined the Trump camp shortly after the election and was soon among a group of lawyers who, with the president’s blessing, largely commandeered decision-making from lawyers at the White House and on the Trump campaign.He championed a two-pronged strategy that the Jan. 6 committee portrayed as a coup plot. The first was enlisting party officials to organize slates of bogus electors in swing states where Mr. Trump lost, even after the results had been certified and recertified, as in Georgia. The second was pressuring Mr. Pence to deviate from the vice president’s traditionally ceremonial role and decline to certify all the electoral votes on Jan. 6.While Mr. Eastman refused to answer most of the committee’s questions, he has hardly been at a loss for words. At the “Stop the Steal” rally on Jan. 6, 2021, held on the Ellipse moments before Trump supporters marched toward the Capitol, he spoke ominously of stolen elections, voting machine chicanery and ballots stuffed in a “secret folder.” Over the last two years he has remained defiant in a string of public appearances and interviews, and painted a picture sharply at odds with other accounts, most notably those of Mr. Pence and two of his aides who cooperated with the House committee.In Mr. Eastman’s telling of the lead-up to the Jan. 6 attack on the Capitol, he was far from a criminal. In fact, in a recent interview — a fuller version of one he gave to The New York Times in the fall of 2021 — he says he was helping to head off a potentially more perilous outcome.Mr. Eastman spoke of voter fraud at the “Stop the Steal” rally on Jan. 6, 2021, just before Trump supporters marched toward the Capitol.Jim Bourg/ReutersHe claims that in an Oval Office meeting on Jan. 4, he helped convince Mr. Trump that Mr. Pence did not have the power to pick whomever he wanted as president. And Mr. Eastman said his advice to the president and vice president was only that Mr. Pence should pause the certification of the election, giving legislatures more time to consider fraud allegations in certain states where Mr. Trump had lost.“I think my greatest contribution to this conversation is to have backed Trump away from the notion that Pence could just simply gavel him as re-elected,” Mr. Eastman said during the interview at his lawyer’s office in Washington, just blocks from the White House. “And, you know, you look at some of his tweets before that Jan. 4 meeting, he’s saying things like that, because that’s what people out there are saying. But if you look at his speech on Jan. 6, after I weigh in at that meeting, he’s saying exactly the opposite.”Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.Few in the White House, however, saw him as anything close to a voice of moderation amid the riot that followed. And Mr. Eastman’s account differs in significant ways from those provided by Mr. Pence and his aides.The former vice president refused to cooperate with the Jan. 6 committee but addressed the issue in a recent opinion essay in The Wall Street Journal. Mr. Pence wrote that on Jan. 5, a day after first meeting with Mr. Eastman in the Oval Office, Mr. Trump summoned the vice president for another meeting where “the president’s lawyers, including Mr. Eastman, were now requesting that I simply reject the electors.”.css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.He said that he “later learned that Mr. Eastman had conceded to my general counsel that rejecting electoral votes was a bad idea and any attempt to do so would be quickly overturned by a unanimous Supreme Court. This guy didn’t even believe what he was telling the president.”The crux of Mr. Eastman’s defense is that he was simply a lawyer offering advice, and that he was acting in good faith, since he still believes many of the fraud claims that were made. “I’m not backing down on that,” he said. “I mean, the amount of evidence, even if I’m wrong about it, was certainly enough to have warranted further review.”In an email to Mike Pence’s lawyer on the night of Jan. 6, Mr. Eastman urged that the vice president should not certify the electoral vote.House Select Committee, via Associated PressAsked what he based such claims on, he cited a report issued last year by Michael J. Gableman, a former Wisconsin judge who was hired, and later fired, by the Republican speaker of the Wisconsin State Assembly, Robin Vos. The report endorsed a host of debunked claims. He also cited the deeply flawed documentary “2000 Mules,” directed by Dinesh D’Souza, a conservative activist who once pleaded guilty to felony campaign finance fraud. (He was later pardoned by Mr. Trump.)In recent weeks, Mr. Eastman has continued to assert himself as a far-right stalwart, signing a letter endorsing dissident Republicans’ ultimately failed efforts to block Representative Kevin McCarthy of California from becoming speaker of the House. Among the other signatories to the letter was Virginia Thomas, the wife of Supreme Court Justice Clarence Thomas, for whom Mr. Eastman once clerked. In her own testimony to the Jan. 6 committee, Ms. Thomas referred to Mr. Eastman as “an active participant with the ‘Thomas clique’ clerks” who keep in touch.Perhaps Mr. Eastman’s most immediate potential exposure comes in the criminal investigation into election interference in Fulton County, Ga., which encompasses most of Atlanta. One of Mr. Eastman’s lawyers said last year that his client was “probably a target” in the inquiry, but his lawyers said this month that he had received no notification that he is one.Robert Sinners, the Trump campaign’s state director of Election Day operations in Georgia, testified to the Jan. 6 committee that he later felt “ashamed” at having taken part in the plan orchestrated by Mr. Eastman and Rudolph W. Giuliani, Mr. Trump’s personal lawyer, to assemble bogus slates of Trump electors in Georgia and other states that Mr. Trump had lost.“I don’t think Rudy Giuliani’s intent was ever about legal challenges,” he said. “It was clear to me that he was working with folks like John Eastman and wanted to put pressure on the vice president to accept these slates of electors just regardless, without any approval from a governor, without any approval from, you know, the voters or a court, or anything like that.”Clark D. Cunningham, a professor at Georgia State University College of Law, said in an email that “if Sinner’s testimony, or similar testimony, is deemed credible, then John Eastman faces considerable risk of prosecution.”“If Eastman was part of a conspiracy to trick Georgia citizens into signing false election documents, neither his role as an attorney nor a personal belief that election results were tainted by fraud could justify such criminal conduct,” he added.In addition to his central role in the electors plan, Mr. Eastman appeared remotely before a Georgia State Senate panel on Dec. 3, 2020, and made several false claims about the election. Among them was the assertion that “the number of underaged individuals who were allowed to register” in the state “amounts allegedly up to approximately 66,000 people.”Asked about the claim during the interview last month, Mr. Eastman said that he had relied on a consultant who made an error that was later corrected, and that the actual number was about 2,000 who “were only 16 when they registered.” The new figure, he said, came from the same consultant. In a statement, the Georgia Secretary of State’s office said that “the system literally does not allow a person to register if they don’t have a birth date that makes them at least 17.5 years old.”A review of the data used by Mr. Eastman showed that he was referring to any Georgians who were recorded as having registered early going back to the 1920s; data entry errors appeared to be a common culprit, with many people’s registration year listed in place of their birth year. A review by The Times found only about a dozen Georgians who were recorded as having registered in 2020 when they were 16, in what appeared most likely to be another data-entry problem. Norman Eisen, special counsel to the House Judiciary Committee during the first Trump impeachment and co-author of a lengthy report on the Fulton County inquiry, said Mr. Eastman “was referred for criminal prosecution by the Jan. 6 committee, with good reason,” adding that if charges are brought in Georgia “it’s hard to imagine that D.A. Fani Willis does not include him.”Jack Begg More

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    ‘You Don’t Negotiate With These Kinds of People’

    Over the past eight years, the Republican Party has been transformed from a generally staid institution representing the allure of low taxes, conservative social cultural policies and laissez-faire capitalism into a party of blatant chaos and disruption.The shift has been evident in many ways — at the presidential level, as the party nominated Donald Trump not once but twice and has been offered the chance to do so a third time; in Trump’s — and Trump’s allies’ — attempt to overturn the 2020 election results; in his spearheading of the Jan. 6 assault on the Capitol; and most recently in the brutal series of votes from Jan. 3 to Jan. 7 in the House of Representatives, where 20 hard-right members held Kevin McCarthy hostage until he cried uncle and was finally elected speaker.What drives the members of the Freedom Caucus, who have wielded the threat of dysfunction to gain a level of control within the House far in excess of their numbers? How has this group moved from the margins to the center of power in less than a decade?Since its founding in 2015, this cadre has acquired a well-earned reputation for using high-risk tactics to bring down two House speakers, John Boehner and Paul Ryan. During the five-day struggle over McCarthy’s potential speakership, similar pressure tactics wrested crucial agenda-setting authority from the Republican leadership in the House.“You don’t negotiate with these kinds of people,” Representative Mike Rogers, Republican of Alabama and chairman of the Armed Services Committee, declared as the saga unfolded. “These are legislative terrorists.”“We have grifters in our midst,” Representative Dan Crenshaw, Republican of Texas, told the Texas Liberty Alliance PAC.One of the key factors underlying the extremism among Republicans in the House and their election denialism — which has confounded American politics since it erupted in 2020 — is racial tension, not always explicit but nonetheless omnipresent, captured in part by the growing belief that white Americans will soon be in the minority.As Jack Balkin of Yale Law School noted, “The defenders of the old order have every incentive to resist the emergence of a new regime until the bitter end.”In his paper “Public Opinion Roots of Election Denialism,” published on Jan. 6, the second anniversary of the storming of the Capitol, Charles Stewart III, a political scientist at M.I.T., argues that “among Republicans, conspiracism has a potent effect on embracing election denialism, followed by racial resentment.”According to Stewart’s calculations, “a Republican at the 10th percentile of the conspiracism scale has a 55.7 percent probability of embracing election denialism, compared to a Republican at the 90th percentile, at 86.6 percent, over 30 points higher. A Republican at the 10th percentile on the racial resentment scale has a 59.4 percent probability of embracing denialism, compared to 83.2 percent for a Republican at the 90th percentile on the same scale.”In other words, the two most powerful factors driving Republicans who continue to believe that Trump actually won the 2020 election are receptivity to conspiracy thinking and racial resentment.“The most confirmed Republican denialists,” Stewart writes, “believe that large malevolent forces are at work in world events, racial minorities are given too much deference in society and America’s destiny is a Christian one.”Along parallel lines, Neil Siegel, a law professor at Duke, argues in his 2021 article “The Trump Presidency, Racial Realignment and the Future of Constitutional Norms,” that Donald Trump “is more of an effect than a cause of larger racial and cultural changes in American society that are causing Republican voters and politicians to perceive an existential threat to their continued political and cultural power — and, relatedly, to deny the legitimacy of their political opponents.”In this climate, Siegel continues, “It is very unlikely that Republican politicians will respect constitutional norms when they deem so much to be at stake in each election and significant governmental decision.”These developments draw attention to some of the psychological factors driving politics and partisan competition.In a 2020 paper, “Dark Necessities? Candidates’ Aversive Personality Traits and Negative Campaigning in the 2018 American Midterms,” Alessandro Nai and Jürgen Maier, political scientists at the University of Amsterdam and the University of Koblenz-Landau in Germany, argue that the role of subclinical “psychopathy” is significant in the behavior of a growing number of elected officials:Psychopaths usually show “a cognitive bias towards perceiving hostile intent from others” and are impulsive, prone to callous social attitudes, and show a strong proclivity for interpersonal antagonism. Individuals high in psychopathy do not possess the ability to recognize or accept the existence of antisocial behaviors, and thus should be expected to more naturally adopt a more confrontational, antagonistic and aggressive style of political competition. Individuals high in psychopathy have been shown to have more successful trajectories in politics. They are furthermore often portrayed as risk-oriented agents. In this sense, we could expect individuals that score high in psychopathy to make a particularly strong use of attacks, regardless of the risk of backlash effects.Narcissism, Nai and Maier continue,has been shown to predict more successful political trajectories, also due to the prevalence of social dominance intrinsic in the trait. Narcissism is, furthermore, linked to overconfidence and deceit and hyper competitiveness, which could explain why narcissists are more likely to engage in angry/aggressive behaviors and general incivility in their workplace. Narcissism is furthermore linked to reckless behavior and risk-taking and thus individuals high in this trait are expected to disregard the risk of backlash effects.Nai and Maier also refer to a character trait they consider politically relevant, Machiavellianism, which they describe as havingan aggressive and malicious side. People high in Machiavellianism are “characterized by cynical and misanthropic beliefs, callousness, a striving for argentic goals (i.e., money, power, and status), and the use of calculating and cunning manipulation tactics,” and in general tend to display a malevolent behavior intended to “seek control over others.”In an email, Nai argued that structural and ideological shifts have opened the door to “a greater tolerance and preference for political aggressiveness.” First, there is the rise of populism, which “strongly relies on a very aggressive stance against established elites, with a more aggressive style and rhetoric.”“Populists,” Nai added, “are very peculiar political animals, happy to engage in more aggressive rhetoric to push the boundaries of normality. This helps them getting under the spotlight, and explains why they seem to have a much greater visibility (and perhaps power) than they numerically should.”Second, Nai contended thata case can be made that contemporary politics is the realm of politicians with a harsh and uncompromising personality (callousness, narcissism, and even Machiavellianism). Trump, Bolsonaro, Duterte, all share a rather “nasty” character, which seems indicative of a contemporary preference for uncompromising and aggressive leaders. Such political aggressiveness (populism, negativity, incivility, dark personality) is perfectly in character for a political system characterized with high polarization and extreme dislike for political opponents.Other scholars emphasize the importance of partisan polarization, anti-elitism and the rise of social media in creating a political environment in which extremists can thrive.“There are likely a few factors at play here,” Jay Van Bavel, a professor of psychology and neural science at N.Y.U., wrote by email. “The first is that ideologically extreme people tend to be more dogmatic — especially people who are on the far right.”He cited a 2021 national survey that he and Elizabeth Harris, a postdoctoral fellow at the University of Pennsylvania, conducted that “found that conservatism and ideological extremity both contributed to an unwillingness to compromise.”The members of the Freedom Caucus, Van Bavel noted,tend to be ideologically extreme conservatives which makes them very good candidates for this type of rigid and extreme thinking. We also found that politically extreme individuals were more likely to have a sense of belief superiority. These traits help explain why this group is very unwilling to cooperate or strike a political compromise.Three years ago, I wrote a column for The Times about a segment of the electorate — and a faction of elected officials — driven by “a need for chaos,” based on the work of Michael Bang Petersen and Mathias Osmundsen, political scientists at Aarhus University in Denmark, and Kevin Arceneaux, a political scientist at Sciences Po in Paris. Since then, the three, joined by Timothy B. Gravelle, Jason Reifler and Thomas J. Scotto, have updated their work in a 2021 paper, “Some People Just Want to Watch the World Burn: The Prevalence, Psychology and Politics of the ‘Need for Chaos.’”In their new paper, they argue:Some people may be motivated to seek out chaos because they want to rebuild society, while others enjoy destruction for its own sake. We demonstrate that chaos-seekers are not a unified political group but a divergent set of malcontents. Multiple pathways can lead individuals to “want to watch the world burn.”The distinction between those seeking chaos to fulfill destructive impulses and those seeking chaos in order to rebuild the system is crucial, according to the authors:The finding that thwarted status-desires drive a Need for Chaos, which then activates support for political protest and violence, suggests that a Need for Chaos may be a key driver of societal change, both currently and historically. While some simply want to “watch the world burn,” others want to the see a new world rebuilt from the ashes.There are, the authors continue,both nihilists and those who have a purpose. Nonetheless, owing to the destructive force of a high Need for Chaos, one of the key challenges of contemporary societies is indeed to meet, recognize and, to the extent possible, alleviate the frustrations of these individuals. The alternative is a trail of nihilistic destruction.In a more recent paper, published last year, “The ‘Need for Chaos’ and Motivations to Share Hostile Political Rumors,” Petersen, Osmundsen and Arceneaux found that the need for chaos “is significantly higher among participants who readily take risks to obtain status and among participants who feel lonely.” At the extreme, the need surpasses partisanship: “For chaos-seekers, political sympathies toward political parties appear to matter little for sharing decisions; instead, what matters is that rumors can be used as an instrument to mobilize against the entire political establishment.”The authors found that “the need for chaos is most strongly associated with worries about losing one’s own position in the social hierarchy and — to a lesser, but still significant extent — the perception that one is personally being kept back from climbing the social status ladder,” noting that “white men react more aggressively than any other group to perceived status challenges.”Van Bavel wrote by email that instead of focusing on a need for chaos, he believes “it might be simpler to assume that they are simply indifferent to chaos in the service of dogmatism. You see some of this on the far left — but we found that it simply doesn’t reach the same extremes as the far right.”Van Bavel pointed to the structural aspects of the contemporary political system that reward the adoption of extreme stances:In the immediate political context, where there is extremely high polarization driven by partisan animosity, there are strong social media incentives to take extreme stances, and an unwillingness for moderate Republicans to break ranks and strike a compromise with Democrats. In this context, the Freedom Caucus can get away with dogmatic behavior without many serious consequences. Indeed, it might even benefit their national profile, election prospects, and fund-raising success.Along similar lines, Jonathan Haidt, a social psychologist at N.Y.U., stressedthe rapid change in audience and incentives that social media has engineered for congresspeople. The case of Ted Cruz, caught checking his mentions as he sat down from giving a speech on the Senate floor, is illustrative. Why is he making himself so responsive to strangers on Twitter, rather than to his constituents, or to his colleagues in the Senate?Haidt wrote by email that he agrees with Yuval Levin, a senior fellow at the American Enterprise Institute, that:Social media has contributed to the conversion of our major institutions from formative (they shape character) to performative (they are platforms on which influencers can perform to please and grow their audiences). When we add in the “primary problem” — that few congressional races are competitive, so all that matters is the primary, which gives outsized influence to politically extreme voters — we have both a road into Congress for social media influencers and the ultimate platform for their performances.Plus, Haidt added:The influence economy may give them financial and career independence; once they are famous, they don’t need to please their party’s leadership. They’ll have opportunities for money and further influence even if they leave Congress.Leanne ten Brinke, a professor of psychology at the University of British Columbia, wrote by email:My research on power and politics focuses on the role of psychopathic personality traits, which is characterized by callousness, manipulation/coercion, impulsivity, and a desire for dominance. When people think of psychopathy they often think of criminals or serial killers, but these traits exist on a continuum, so people can be “high” in these traits without meeting any kind of clinical cutoff, and it will impact the way they move through the world. People with high levels of these traits tend to gravitate toward powerful roles in society to fulfill that desire for dominance and to bully others when in these roles.Brinke noted that she has “no data on the personalities of those in the House Freedom Caucus,” but in “previous research we actually found that U.S. senators who display behaviors consistent with psychopathy were more likely to get elected (they are great competitors!) but are less likely to garner co-sponsors on their bills (they are terrible cooperators!).” In addition, Brinke continued, “they enjoy having power over others, but don’t use it to make legislative progress. They tend to be more self-interested than other-interested.”In a separate 2020 paper, “Light and Dark Trait Subtypes of Human Personality,” by Craig S. Neumann, Scott Barry Kaufman, David Bryce Yaden, Elizabeth Hyde, Eli Tsukayama and Brinke, the authors find:The light subtype evidenced affiliative interpersonal functioning and greater trust in others, as well as higher life satisfaction and positive self-image. The dark subtype reflected interpersonal dominance, competitiveness, and aggression. In both general population samples, the dark trait subtype was the least prevalent. However, in a third sample of U.S. senators (N =143), based on observational data, the dark subtype was most prevalent and associated with longer tenure in political office, though less legislative success.In a separate 2019 paper, “The Light vs. Dark Triad of Personality: Contrasting Two Very Different Profiles of Human Nature,” Kaufman, Yaden, Hyde and Tsukayama wrote that dark personalities are “not associated with exclusively adverse and transgressive psychosocial outcomes” and may, instead, “be considered adaptive.”Those with the more forbidding personal characteristics “showed positive correlations with a variety of variables that could facilitate one’s more agentic-related goals” and they “positively correlated with utilitarian moral judgment and creativity, bravery, and leadership, as well as assertiveness, in addition to motives for power, achievement, and self-enhancement.”In contrast, more sunny and cooperative dispositions were “correlated with greater ‘reaction formation,’ which consisted of the following items: ‘If someone mugged me and stole my money, I’d rather he be helped than punished’ and ‘I often find myself being very nice to people who by all rights I should be angry at.’ While having such ‘lovingkindness’ even for one’s enemies is conducive to one’s own well-being, these attitudes” could potentially make these people “more open to exploitation and emotional manipulation.”In March 2022, Richard Pildes, a law professor at N.Y.U., warned in “Political Fragmentation in Democracies of the West”:The decline of effective government throughout most Western democracies poses one of the greatest challenges democracy currently confronts. The importance of effective government receives too little attention in democratic and legal theory, yet the inability to deliver effective government can lead citizens to alienation, distrust, and withdrawal from participation, and worse, to endorse authoritarian leaders who promise to cut through the dysfunctions of democratic governments.For the Republican Party, the empowerment of the Freedom Caucus will face its first major test of viability this month. According to Janet Yellen, secretary of the Treasury, the United States will hit the $31.4 trillion statutory debt limit on Jan. 19. The Treasury, she continued, would then be forced to adopt stringent cash-management procedures that could put off default until June.At the moment, House Republicans, under pressure from the Freedom Caucus, are demanding that legislation raising the debt ceiling be accompanied by sharp spending cuts. That puts them at loggerheads with the Biden administration and many members of the Senate Democratic majority, raising the possibility of a government shutdown.In other words, the takeover of the Republican Party by politicians either participating in or acceding to tribalism and chaos has the clear potential in coming weeks to put the entire nation at risk.Looking past the debt ceiling to the 2024 elections, Richard L. Hasen, a law professor at U.C.L.A., writes in the April 2022 Harvard Law Review:The United States faces a serious risk that the 2024 presidential election, and other future U.S. elections, will not be conducted fairly and that the candidates taking office will not reflect the free choices made by eligible voters under previously announced election rules. The potential mechanisms by which election losers may be declared election winners are: (1) usurpation of voter choices for president by state legislatures purporting to exercise constitutional authority, possibly with the blessing of a partisan Supreme Court and the acquiescence of Republicans in Congress; (2) fraudulent or suppressive election administration or vote counting by law- or norm-breaking election officials; and (3) violent or disruptive private action that prevents voting, interferes with the counting of votes, or interrupts the assumption of power by the actual winning candidate.What, one has to ask, does this constant brinkmanship and playing to the gallery do to democracy generally?The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Michael Cohen Meets With Prosecutors About Hush Money Paid to Stormy Daniels

    The Manhattan prosecutors’ meeting with Michael D. Cohen could presage a flurry of activity as the district attorney’s investigation into the former president is revitalized.The Manhattan district attorney’s office on Tuesday took a significant step forward in its investigation of Donald J. Trump, meeting with his former personal lawyer about hush money paid to a porn star who said she had an affair with Mr. Trump, according to people with knowledge of the matter.The questioning of the lawyer, Michael D. Cohen, offered the clearest sign yet that the district attorney’s office was ramping up its investigation into Mr. Trump’s role in the $130,000 hush money deal. Mr. Cohen has said publicly that Mr. Trump directed him, in the final days of the 2016 presidential campaign, to buy the silence of Stephanie Clifford, the actress known as Stormy Daniels.While the hush money was an impetus for the district attorney’s investigation, which began in 2018, prosecutors had shifted in recent years to a broader examination of Mr. Trump’s business practices. In recent months, however, the prosecutors returned to the payments, seeking to breathe new life into the investigation, The New York Times reported in November.There is no indication that prosecutors are close to making a decision about whether to seek charges against the former president, but the interview of Mr. Cohen could portend a flurry of investigative steps.Keith Davidson, the lawyer who represented Ms. Clifford and helped arrange the deal, was also contacted by the Manhattan prosecutors in recent weeks, but has not been interviewed, a person with knowledge of the matter said. And Mr. Cohen is expected to return for additional meetings in the coming weeks.In a brief interview after the meeting, Mr. Cohen credited the district attorney, Alvin L. Bragg, with assembling a group of prosecutors who had a “depth of knowledge of the case.” He added, “I don’t believe they would have called me in at this stage if this was merely for show.”He said he could not reveal the focus of the interview, citing a request from prosecutors not to discuss the investigation.Mr. Cohen’s lawyer, Lanny J. Davis, declined to discuss the questions asked by the prosecutors during the two-hour meeting but said, “I was impressed with the seriousness of their investigation and the professionalism of the prosecutors in the room.”A lawyer for Mr. Trump did not immediately respond to a request for comment.The meeting, first reported by CNN, came a week after Mr. Trump’s longtime chief financial officer, Allen H. Weisselberg, was sentenced to five months in the Rikers Island jail complex for orchestrating a tax fraud scheme at the Trump Organization. Mr. Weisselberg had pleaded guilty and testified against the Trump Organization last year, helping Mr. Bragg’s office secure the company’s conviction in the tax case. Last week, a judge imposed a $1.6 million criminal penalty on the company, the maximum punishment under the law.Mr. Trump was not accused of wrongdoing in the tax case, which was focused on off-the-books perks that the company doled out to Mr. Weisselberg and a few other executives.But Mr. Weisselberg’s plea — and the company’s conviction — appear to have emboldened Mr. Bragg and his prosecutors in their investigation of Mr. Trump, which seemed to have reached a dead end early in Mr. Bragg’s tenure.Under his predecessor as district attorney, Cyrus R. Vance Jr., prosecutors were beginning to present evidence to a grand jury about Mr. Trump’s businesses, focusing on whether he lied about the value of his assets to secure loans and other financial benefits. Soon after taking office in January of last year, Mr. Bragg developed concerns about establishing Mr. Trump’s intent to break the law, a key element of proving a case against him.In February, Mr. Bragg declined to proceed with the grand jury presentation, prompting the resignations of the two senior prosecutors leading the inquiry.Mr. Bragg said the investigation was continuing, and by late summer, prosecutors had retuned to their original focus: the hush money.The possibility of charges stemming from the payments had resurfaced within the district attorney’s office with such regularity in recent years that prosecutors came to refer to it as the “zombie theory” — an idea that just wouldn’t die.After Mr. Cohen helped arrange and made the $130,000 hush money payment, Mr. Trump and his company reimbursed Mr. Cohen, a move that is a potential area of focus for Mr. Bragg’s prosecutors. They are expected to scrutinize whether the company falsely accounted for the reimbursements as a legal expense in violation of a New York law that prohibits the falsifying of business records.That can be charged as a misdemeanor in New York. To make it a felony, prosecutors would need to show that Mr. Trump falsified the records reflecting the payment to help commit or conceal a second crime. It is possible, legal experts told The Times last year, that a violation of a New York State election law might underpin such a charge.In 2018, Mr. Cohen pleaded guilty to federal campaign finance charges stemming from his role in the hush money payments. In court and in congressional testimony, he pointed the finger at Mr. Trump, saying the payout was done “in coordination with, and at the direction of” the president, whom federal prosecutors identified in court papers only as “Individual 1.”After Mr. Cohen’s guilty plea, the federal prosecutors explored whether to charge Mr. Trump or others with violations related to the hush money, but eventually told a federal judge that the U.S. attorney’s office had “effectively concluded its investigation” into who else might have been involved and criminally liable for the same crimes.Michael Rothfeld More

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    Kellyanne Conway’s View of Donald Trump

    More from our inbox:Russia’s Aggression in UkraineI, Robot Damon Winter/The New York TimesTo the Editor:Re “The Case for (and Against) Donald Trump in 2024,” by Kellyanne Conway (Opinion guest essay, Jan. 15):A diversity of opinions and perspectives is a fantastic goal, and one reason I’ve been a longtime subscriber. Generally speaking, your opinion guest essays are well written and thoughtful and provide a point of view that makes one examine a topic with fresh eyes.The opinion from Ms. Conway is not that.Time and again she employs sloganeering to sling arrows at Democrats and non-Trumpists in an attempt to burnish the reputation of her former boss.She continues to attempt to turn neighbor against neighbor by perpetuating the othering of Trump detractors and the denial of Mr. Trump’s and her attacks on voting, democracy and simple decency.Hers is not another “opinion”; it is carefully crafted and intentional spin to appeal to people’s sense of grievance and to reaffirm the lies and misinformation they are so ready to believe.Her inclusion in your paper diminishes the quality of debate, and galvanizes a person America would be better off forgetting.Conn FishburnNashvilleTo the Editor:Kellyanne Conway opines that “when it comes to Donald J. Trump, people see what they wish to see,” and then goes on to demonstrate just that, never mentioning his blatant, willful, prolonged lying about the “stolen” 2020 election, which we now know not even he believes.Toss in the further elephants in the room — his central role in the Jan. 6 debacle, his fraudulent and shuttered foundation and university, the conviction of his family business entity’s C.F.O., and on and on, and it would appear that Ms. Conway is indeed a victim of the Trump Derangement Syndrome she decries.Even worse, she is clearly one who should know better, and even worse, likely does.Steve HeiligSan FranciscoTo the Editor:Talk about hedging your bets as a political forecaster and soft selling your qualifications for rehire! Kellyanne Conway’s well-composed essay on Donald Trump’s potential for 2024 felt like the needed equanimity, bipartisan advice and clear thinking the country needs.If Mr. Trump were smart he would rehire Ms. Conway as campaign manager for 2024, or at least pay close attention to her last sentences: “Success lies in having advisers who tell you what you need to know, not just what you want to hear. And in listening to the people, who have the final say.”Lisa BostwickSan FranciscoTo the Editor:Read Kellyanne Conway’s guest essay for what it really is — a job pitch to future Republican presidential candidates (conveniently name-dropped in the article).The pitch: If I could get a buffoon like Donald Trump elected and then get The New York Times to give me a full page to list his imaginary accomplishments, just think what I could do for you.Laura SchumacherSan DiegoTo the Editor:Kellyanne Conway writes: “Success lies in having advisers who tell you what you need to know, not just what you want to hear. And in listening to the people, who have the final say.”Since when has Donald Trump been known as a listener or as one who respects advisers who tell him what he needs to know?Mr. Trump’s overriding egotism and his self-infatuation prevent him from believing that anyone could know more about anything than The Donald himself.Ben MilesHuntington Beach, Calif.To the Editor:Thanks, Ms. Conway, for that delightful nostalgic stroll down the memory lane of alternative facts.Bruce LiptonNew YorkRussia’s Aggression in Ukraine Finbarr O’Reilly for The New York TimesTo the Editor:Re “Plundering Art, Russia Assaults Soul of Ukraine” (front page, Jan. 15):Like Nazi aggression in World War II, Russian aggression in Ukraine is an expression of absolute evil — a mixture of barbarism that knows no limits, genocide of both a people and their culture, and unremitting, centrally organized propaganda claiming that up is down, that black is white and that Russia is fighting a defensive war.Richard JoffeNew YorkI, RobotA robot prototype being developed by Yuhang Hu, a doctoral student in the Creative Machines Lab at Columbia University, where engineers are exploring the possibility of self-aware robots.Karsten Moran for The New York TimesTo the Editor:Re “Robot, Know Thyself” (Science Times, Jan. 10):Robots with consciousness is an oxymoron. Consciousness is a necessary ingredient to what is usually deemed the defining characteristic of being human: the ability to choose.Computers/robots do not have that ability. Their “choice” is limited to what programmers program them to do. Admittedly that may occur under circumstances not contemplated when the machines are programmed, but the machine’s progression toward making a decision is based on its programming, not on free choice.Steven GoldbergBrooklynTo the Editor:A truly conscious robot will cost a fortune to the company that develops it, but at that level of sophistication it may decide to work on unnecessary projects, or stop working altogether for the company, instead opting to work for a competitor.Kevin J. LongoPutnam, Conn.The writer is a science tutor. More

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    In Pennsylvania, the 2020 Election Still Stirs Fury. And a Recount.

    Election deniers in Lycoming County convinced officials to conduct a 2020 recount, a three-day undertaking that showed almost no change, but left skeptics just as skeptical.WILLIAMSPORT, Pa. — On the 797th day after the defeat of former President Donald J. Trump, a rural Pennsylvania county on Monday began a recount of ballots from Election Day 2020.Under pressure from conspiracy theorists and election deniers, 28 employees of Lycoming County counted — by hand — nearly 60,000 ballots. It took three days and an estimated 560 work hours, as the vote-counters ticked through paper ballots at long rows of tables in the county elections department in Williamsport, a place used to a different sort of nail-biter as the home of the Little League World Series.The results of Lycoming County’s hand recount — like earlier recounts of the 2020 election in Wisconsin, Georgia and Arizona — revealed no evidence of fraud. The numbers reported more than two years ago were nearly identical to the numbers reported on Thursday.A ballot cast for former President Donald J. Trump that was part of the county’s recount.Kriston Jae Bethel for The New York TimesMr. Trump ended up with seven fewer votes than were recorded on voting machines in 2020. Joseph R. Biden Jr. had 15 fewer votes. Overall, Mr. Trump gained eight votes against his rival. The former president, who easily carried deep-red Lycoming County in 2020, carried it once again with 69.98 percent of the vote — gaining one one-hundredth of a point in the recount.Did that quell the doubts of election deniers, who had circulated a petition claiming there was a likelihood of “rampant fraud” in Lycoming in 2020?It did not.“This is just one piece of the puzzle,” said Karen DiSalvo, a lawyer who helped lead the recount push and who is a local volunteer for the far-right group Audit the Vote PA. “We’re not done.”Forrest Lehman, the county director of elections, oversaw the recount but opposed it as a needless bonfire of time, money and common sense. He sighed in his office on Friday.“It’s surreal to be talking about 2020 in the present tense, over two years down the road,” he said. He attributed the slight discrepancies between the hand recount and voting machine results to human error in reading ambiguous marks on the paper ballots.Lycoming County’s recount was part of the disturbing trend of mistrust in elections that has become mainstream in American politics, spurred by the lies of Mr. Trump and his supporters. Amid the Appalachian ridges in north-central Pennsylvania, such conspiracy theories have firmly taken hold.The county’s election professionals spent months responding to the arguments of the election deniers in public hearings and fielding their right-to-know requests for the minutiae of voting records. Mr. Lehman said he did not think an encounter with the facts would change the views of some people.“You close one election-denying door, they’ll open a window,” he said.Mr. Trump hosted a campaign rally in Lycoming County at the Williamsport Regional Airport in October 2020. Anna Moneymaker for The New York TimesOne of the residents who pushed for the hand recount, Jeffrey J. Stroehmann, the former chair of Mr. Trump’s 2020 campaign in Lycoming County, said he was happy the results matched the 2020 voting machine counts, though he said other questions needed to be addressed.“Our goal from Day 1 when we approached the commissioners, we said our goal here is not to find fraud — if we find it, we’ll fix it — we just want to restore voter confidence,” said Mr. Stroehmann, a founder of the far-right Lycoming Patriots group.He and Ms. DiSalvo were inspired by the debunked claims of a retired Army officer named Seth Keshel, who gained attention in 2021 with the assertion that there were 8 million “excess votes” cast for Mr. Biden. His analysis has been dismissed by professors at Harvard, the University of Georgia and the Massachusetts Institute of Technology.A petition circulated by Ms. DiSalvo and Mr. Stroehmann noted that registered Republicans grew their numbers in Lycoming County compared with Democrats from 2016 to 2020, but that Mr. Biden managed to win more votes than Hillary Clinton. Election deniers found this suspicious.“If Republicans GAINED voters and Democrats LOST voters — why did Biden receive 30% MORE votes in the November 2020 election than Hillary Clinton did in 2016?” their petition asked.Mr. Lehman called the argument nonsensical. Party registration does not dictate how someone will vote, he said. Mr. Biden outperformed Mrs. Clinton in nearly every Pennsylvania county in the 2020 election. Mr. Trump also raised his vote totals in the county by 16 percent.“The voters’ unpredictability — it makes democracy both majestic and messy,” Mr. Lehman told county commissioners at a hearing last year. The commission ultimately approved the recount two to one, along partisan lines.Mr. Lehman monitoring ballots being recounted in Williamsport on Wednesday.Pat Crossley/Williamsport Sun-GazetteElection officials at every level have been harassed and vilified since 2020, when election conspiracists echoing Mr. Trump blamed officials and helped inspire the “Stop the Steal” movement. On an election conspiracy show that was streamed on Rumble, Mr. Stroehmann called for an investigation into Mr. Lehman, who he said is “part of the steal.”“Our director of voter services is playing for the other team,” Mr. Stroehmann said on the show. “He’s as liberal as the day is long.”Richard Mirabito, a Lycoming County commissioner who is a Democrat, said there was no evidence whatsoever of wrongdoing by Mr. Lehman. “He’s held in the highest esteem of integrity,” he said. “Those kinds of statements undermine the confidence of people in our system.”Mr. Mirabito voted against the recount but was overruled by the two Republicans on the board. Scott L. Metzger, a Republican and the chair of the county commission, also vouched for Mr. Lehman. “He’s done an outstanding job,’’ he said. After the 2022 midterms, requests for recounts in Pennsylvania races that were not close inundated counties, delaying the certification of some results. In Arizona and New Mexico, rural county commissions held up certifying primary or general election results last year.Across the country, a wave of Trump-backed election conspiracists who ran for statewide offices with control over voting lost their races. But some election deniers won races at the local level, where pressure by activists on officials has a better chance of yielding results.Officials in Lycoming County, a rural area of north-central Pennsylvania, were still estimating the final cost of the recount.Kriston Jae Bethel for The New York TimesMr. Metzger — one of the two Republicans on the commission who approved the recount — said that he voted for it after thousands of people signed petitions, and others approached him on the street saying they didn’t want to vote because they distrusted the system. Now that the recount matched what voting tabulator machines showed in 2020 and that there was no evidence of fraud, Mr. Metzger said, it was time to move on. “As far as I’m concerned, I’m done with it,” he said.Before the commissioners voted for the recount, Ms. DiSalvo and Mr. Stroehmann presented the results of what they called a door-to-door canvass of some county residences. The canvassing was conducted by volunteers from Audit the Vote PA, a group founded in 2021 under the false belief that Mr. Trump, not Mr. Biden, won Pennsylvania.Canvassers claimed to have found multiple “anomalies,” including votes that were tabulated from people in nursing homes who did not recall voting, as well as people who said they had voted, though there was no record of it.Mr. Lehman said he and his staff addressed each case. For those in nursing homes, the election office pulled records showing they had returned a mail ballot with their signature on the envelope. The canvass, he said, lacked rigor, adding that he was not surprised some people might have claimed to have voted in a face-to-face interview when they actually had not.Election deniers have no plans to stand down. They have requested reams of documents that they believe will expose fraud once and for all.“We’ve received a series of crazy records requests,” Mr. Lehman said. “You can quote me. They are insane.”Stacks of boxes containing ballots from the 2020 election, which are stored in a secure room of the county’s elections department. Kriston Jae Bethel for The New York TimesElection deniers asked for copies of every application for a mail ballot, requiring Mr. Lehman and his staff to laboriously redact all personal information. They are pressing for copies of every ballot cast on Election Day 2020, and they have gone to court to seek digital data from the voting machines at each of the 81 county precincts.Though observers from both parties watched the hand recount this week, Ms. DiSalvo raised questions about the process, including that Mr. Lehman oversaw the adding up of the recounted votes.“We asked to see the tally sheets before the final processing and were denied,” Ms. DiSalvo said, referring to the paperwork used by ballot counters. The elections director, she added, had a “vested interest in making sure the numbers aligned.”Her group has filed a right-to-know request for the hand-count tally sheets.Mr. Lehman, a former Eagle Scout and teacher, displays two iconic photographs in his office. One shows Harry S. Truman in 1948 holding aloft the famously erroneous “Dewey Defeats Truman” newspaper headline. The other shows Lyndon Johnson solemnly taking the oath of office on Air Force One in 1963 following the assassination of President Kennedy.“They’re both transitions of power,” Mr. Lehman said. “One is comic, the other tragic. We’ve managed to process them both as a country. I don’t know which category to put 2020 in. We need to get back to a place where we can process the outcomes of elections in a constructive, healthy way.” More

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    Kellyanne Conway: The Case for and Against Trump

    Donald J. Trump shocked the world in 2016 by winning the White House and becoming the first president in U.S. history with no prior military or government experience. He upended the fiction of electability pushed by pundits, the news media and many political consultants, which arrogantly projects who will or will not win long before votes are cast. He focused instead on capturing a majority in the Electoral College, which is how a candidate does or does not win. Not unlike Barack Obama eight years earlier, Mr. Trump exposed the limits of Hillary Clinton’s political inevitability and personal likability, connected directly with people, ran an outsider’s campaign taking on the establishment, and tapped into the frustrations and aspirations of millions of Americans.Some people have never gotten over it. Trump Derangement Syndrome is real. There is no vaccine and no booster for it. Cosseted in their social media bubbles and comforted within self-selected communities suffering from sameness, the afflicted disguise their hatred for Mr. Trump as a righteous call for justice or a solemn love of democracy and country. So desperate is the incessant cry to “get Trump!” that millions of otherwise pleasant and productive citizens have become naggingly less so. They ignore the shortcomings, failings and unpopularity of President Biden and Vice President Kamala Harris and abide the casual misstatements of an administration that says the “border is secure,” inflation is “transitory,” “sanctions are intended to deter” Putin from invading Ukraine and they will “shut down the virus.” They’ve also done precious little to learn and understand what drives the 74 million fellow Americans who were Trump-Pence voters in 2020 and not in the U.S. Capitol on Jan. 6, 2021.The obsession with Mr. Trump generates all types of wishful thinking and projection about the next election from both his critics (“He will be indicted!”) and his supporters (“Is he still electable?”). None of that is provable, but this much is true: Shrugging off Mr. Trump’s 2024 candidacy or writing his political obituary is a fool’s errand — he endures persecution and eludes prosecution like no other public figure. That could change, of course, though that cat has nine lives.At the same time, it would also be foolish to assume that Mr. Trump’s path to another presidency would be smooth and secure. This is not 2016, when he and his team had the hunger, swagger and scrappiness of an insurgent’s campaign and the “history be damned” happy warrior resolve of an underestimated, understaffed, under-resourced effort. It’s tough to be new twice.Unless what’s old can be new again. Mr. Trump’s track record reminds Republican primary voters of better days not that long ago: accomplishments on the economy, energy, national security, trade deals and peace deals, the drug crisis and the southern border. He can also make a case — one that will resonate with Republicans — about the unfairness and hypocrisy of social media censorship and alleged big tech collusion, as recent and ongoing revelations show. Mr. Trump, as a former president, can also be persuasive with Republican primary voters and some independents in making a frontal attack on the Biden administration’s feckless management of the economy, reckless spending and lack of urgency and competence on border control and crime.Maddie McGarvey for The New York TimesAccomplishing this will not be easy. Mr. Trump has both political assets to carry him forward and political baggage holding him back. For Mr. Trump to succeed, it means fewer insults and more insights; a campaign that centers on the future, not the past, and that channels the people’s grievances and not his own; and a reclamation of the forgotten Americans, who ushered him into the White House the first time and who are suffering economically under Mr. Biden.A popular sentiment these days is, “I want the Trump policies without the Trump personality.” It is true that limiting the name-calling frees up time and space for persuasion and solutions. Still, it may not be possible to have one without the other. Mr. Trump would remind people, it was a combination of his personality and policies that forced Mexico to help secure our border; structured new trade agreements and renewed manufacturing, mining and energy economies; pushed to get Covid vaccines at warp speed; engaged Kim Jong-un; played hardball with China; routed ISIS and removed Qassim Suleimani, Iran’s most powerful military commander; forced NATO countries to increase their defense spending and stared down Vladimir Putin before he felt free to invade Ukraine.When it comes to Donald J. Trump, people see what they wish to see. Much like the audio debate a few years ago, “Do you hear ‘Laurel’ or ‘Yanny’?,” what some perceive as an abrasive, scornful man bent on despotism, others see a candid, resolute leader unflinchingly committed to America’s interests.The case against Trump 2024 rests in some combination of fatigue with self-inflicted sabotage; fear that he cannot outrun the mountain of legal woes; the call to “move on”; a feeling that he is to blame for underwhelming Republican candidates in 2022; and the perception that other Republicans are less to blame for 2022 and have more recent records as conservative reformers.He also won’t have the Republican primary field — or the debate stage — to himself. If one person challenges Mr. Trump, it is likely five or six will jump into the race and try to test him, too. Possible primary challengers to Mr. Trump include governors with impressive records and huge re-election victories like such governors as Ron DeSantis of Florida, Kim Reynolds of Iowa and Greg Abbott of Texas; those who wish to take on Mr. Trump frontally and try to move the party past him, like Gov. Brian Kemp of Georgia and former Gov. Chris Christie of New Jersey; those who can lay legitimate claim to helping realize Trump-era accomplishments like former Vice President Mike Pence and former Secretary of State Mike Pompeo; others who wish to expand the party’s recent down-ballot gains in racial and gender diversity to the presidential level, like former Gov. Nikki Haley and Senator Tim Scott, both of South Carolina.These are serious and substantive men and women, all of whom would be an improvement over Mr. Biden. For now, though, these candidates are like a prospective blind date. Voters and donors project onto them all that they desire in a perfect president, but until one faces the klieg lights, and is subjected to raw, relentless, often excessive scrutiny, and unfair and inaccurate claims, there is no way to suss out who possesses the requisite metal and mettle.The main talking point against Trump 2024 seems to be that Trump 2022 underperformed and that it left him a less-feared and less-viable candidate. Mr. Trump boasts that his general election win-loss record was 233-20 and that he hosted some 30 rallies in 17 states and more than 50 fund-raisers for candidates up for re-election, and participated in 60 TeleRallies and raised nearly $350 million in the 2022 cycle for Republican candidates and committees.Republican voters should be pleased that Mr. Trump and other Republican luminaries showed up and spoke up in the midterms. Mr. Trump wasn’t the only one who campaigned for unsuccessful candidates. Mr. DeSantis rallied in person for Kari Lake, Doug Mastriano and Tim Michels. Mr. Pence, Ms. Haley, and Mr. Pompeo endorsed Don Bolduc, for example. Even the Senate minority leader, Mitch McConnell, seemed warm and hopeful about a few of the U.S. Senate candidates who came up short. In October 2021 Mr. McConnell claimed, “Herschel [Walker] is the only one who can unite the party, defeat Senator Warnock,” and in August 2022, “I have great confidence. I think [Mehmet] Oz has a great shot at winning [in Pennsylvania].”Damon Winter/The New York TimesContrast that to Joe Biden, who was unpopular and unwelcome on the campaign trail in the midterm elections. For seven years Mr. Trump hasn’t stopped campaigning, while one could say that Mr. Biden, who stuck close to home for much of 2020 and did relatively little campaigning in 2022, never truly started. It will be tough for Mr. Biden and Ms. Harris to avoid active campaigning when “Biden” and “Harris” are on the ballot.Any repeat by the 2024 Trump campaign of the disastrous mistakes in personnel, strategy and tactics of the 2020 Trump campaign may lead to the same 2020 result. With roughly $1.6 billion to spend and Joe Biden as the opponent, the 2020 election should have been a blowout. Instead, they proved the adage that the fastest way to make a small fortune is to have a very large one and waste most of it.Mr. Trump lost support among older voters, white men, white voters with a college degree, and independents, though he increased his vote share across notable demographics like Hispanics and Blacks. One wild card: Will the undercover, hidden 2016 Trump voter, those who wish to keep their presidential pick private from pollsters, return in 2024?Republicans must also invest in and be vocal about early voting. This is a competition for ballots, not just votes. As ridiculous as it was to vote nearly two months before Election Day and count the votes for three weeks thereafter, some of the state-based Covid-compelled measures for voting are now permanent. If these are the rules, adapt or die politically.Mr. Biden, for his part, will have his own record to run on, typical advantages of incumbency, powerful campaign surrogates who will join him in making the presidential race a referendum on Mr. Trump, and persistent calls for a third-party candidate who as a spoiler could do for Mr. Biden what Ross Perot did for Bill Clinton in 1992 — deliver the presidency to the Democrat with less than 45 percent of the popular vote.Whether the 2024 presidential election is a cage match rematch of Mr. Biden and Mr. Trump, or a combination of other candidates remains to be seen. Each of them has defied the odds and beat more than a dozen intraparty rivals to win their respective primaries. Each of them now faces calls for change, questions about the handling of classified documents and questions about age. For voters, vision matters. Winning the presidency is hard. Only 45 men (one twice) have been president. Hundreds have tried, many of them being told, “You can win!” even as they lost. Success lies in having advisers who tell you what you need to know, not just what you want to hear. And in listening to the people, who have the final say.Kellyanne Conway is a Republican pollster and political consultant who was Donald J. Trump’s campaign manager in 2016 and senior counselor to President Trump from 2017 to 2020. She is not affiliated with his 2024 presidential campaign.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.

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