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    Federal Appeals Court Halts Graham Testimony Before Atlanta Grand Jury

    The U.S. Court of Appeals for the 11th Circuit temporarily blocked Senator Lindsey Graham from testifying before a special grand jury investigating Donald Trump’s efforts to overturn the 2020 election results in Georgia.ATLANTA — A federal appeals court temporarily blocked Senator Lindsey Graham, Republican of South Carolina, on Sunday from testifying in the investigation into efforts by President Donald J. Trump and his allies to overturn the 2020 presidential election results in Georgia. The appeals court instructed a lower court to determine whether Mr. Graham should be exempt from answering certain kinds of questions, given his status as a federal lawmaker.The ruling by the U.S. Court of Appeals for the 11th Circuit gives a temporary reprieve to Mr. Graham, who has been fighting prosecutors’ efforts to bring him before a special grand jury. After a protracted bout of legal sparring, Mr. Graham, at the end of last week, appeared to have failed in his efforts to remain above the matter and had been expected to testify behind closed doors on Tuesday in a downtown Atlanta courthouse.Mr. Graham has argued, among other things, that he should be exempt from testifying under the U.S. Constitution’s speech and debate clause, which prohibits asking lawmakers about their legitimate legislative functions. The appeals court laid out further steps on Sunday that must be taken before Mr. Graham gives any testimony.First, the court ruled, a Federal District Court must determine whether Mr. Graham is “entitled to a partial quashal or modification of the subpoena to appear before the special purpose grand jury” based on the speech and debate clause issue. After that, the appeals court said, it will take up the issue “for further consideration.”Lawyers for Mr. Graham have said that he was informed by Fulton County prosecutors that he was a witness, not a target, in the case.Even so, prosecutors want Mr. Graham’s testimony for a number of reasons. Among them are two phone calls that he made just after the 2020 election to Brad Raffensperger, Georgia’s secretary of state, in which Mr. Graham inquired about ways to help Mr. Trump by invalidating certain mail-in votes.They also want him to answer other questions about what they have called “the multistate, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.” Prosecutors have said in court documents that they expect Mr. Graham’s testimony “to reveal additional sources of information” related to their investigation.This month, Mr. Graham called the effort to make him testify “ridiculous” and a “weaponization of the law.”“We will go as far as we need to go and do whatever needs to be done to make sure that people like me can do their jobs without fear of some county prosecutor coming after you,” he said.The speech and debate clause appears in Article 1, Section 6 of the U.S. Constitution, and states that members of Congress “shall not be questioned in any other place” for “any speech or debate in either house.” The framers of the Constitution wrote it with the idea of protecting the independence of the legislative branch from other branches, and were influenced by the evolution of an independent parliament in England.Understand Georgia’s Trump Election InvestigationCard 1 of 5Understand Georgia’s Trump Election InvestigationAn immediate legal threat to Trump. More

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    Should Biden Announce That He Won’t Run Again?

    More from our inbox:Solving New York City’s Housing ShortageSolace at the Beach Pool photo by Evan VucciTo the Editor:Re “Hey, Joe, Don’t Give It a Go,” by Maureen Dowd (column, Aug. 7):I can’t agree with Ms. Dowd that President Biden should declare himself a lame duck to protect his legacy. I can’t think of anything more out of his character than that. He doesn’t do things for himself. The nation’s well-being, not his legacy, is his central concern.Ms. Dowd begins by speaking of Ruth Bader Ginsburg, who “missed the moment to leave the stage,” and suggests that Mr. Biden’s time has come to leave. Good lord, he hasn’t even completed two full years in office yet. He has things to do and a nation to serve and protect. Just imagine how luckless he would be if he tried to do that as a lame duck.There’s time for him to leave, but this isn’t it. Maybe in the primaries, but maybe not.Roger CarlstromYakima, Wash.To the Editor:The Biden interregnum will be well remembered for bringing decency and sanity back to the Oval Office. He has come to be that “calming force for a country desperately in need of calming.” However, running for a second term at age 81 ignores the infirmities of age.If he should choose not to run again he would not become irrelevant; he would become a revered elder statesman who lived out his last hurrah on his own terms with renewed dedication and admirable resilience as manifested in his long career of public service. I am reminded of a quote from Orson Welles, who once said, “If you want a happy ending, that depends, of course, on where you stop the story.”Precision timing turns on recognizing the arc of one’s story and heeding the foreshadowed warnings with grace and knowing acceptance.Barbara Allen KenneyPaso Robles, Calif.To the Editor:The insistent chants for President Biden to announce that he will not run for a second term because he will be too old in 2024 is ageism pure and simple.If the “old dude in the aviators has shown he can get things done, often with bipartisan support,” as Maureen Dowd states, why not let him continue trying?Even if Mr. Biden is having second thoughts about re-election, why should he declare himself a lame duck president before it is necessary to do so? Does Ms. Dowd seriously believe that if he takes himself out of the running that “over the next two years he could get more of what he wants and then step aside?” Why don’t we ask the Republicans if they will cooperate?Mr. Biden has shown patience and perseverance. It comes with age and experience. Let us not sideline an old man just yet just because the cry is for “new blood.”Let Mr. Biden decide if and when to declare his candidacy.Eleanor M. ImperatoManhasset, N.Y.To the Editor:Thank you, Maureen Dowd, for saying what needs to be said. President Biden, I have been a longtime supporter and fan. What better opportunity for you to prove you’re not driven by ego but by principle? There is much still for you to accomplish. Make the most of this time. Show the American people a president who, untainted by political aspirations, is making decisions solely based on what’s best for the country.Diane LoveNew YorkTo the Editor:OK, let’s just say for the sake of argument that Maureen Dowd is right and Joe Biden shouldn’t run again. Then who do the Democrats have? We need somebody not just competent and visionary, but electable. That was my reasoning for voting for Mr. Biden in 2020.The Republicans obviously have Donald Trump and Ron DeSantis champing at the bit. I don’t think either of them would have a problem energizing the base.So if not Joe, who do we have?Dylan TaylorPhiladelphiaTo the Editor:Maureen Dowd has written what had to be said. Joe Biden must not run again, and he now has the perfect excuse to make his exit.Ruth Bader Ginsburg was a great example of overstaying one’s welcome. If only she’d retired when she had the best excuse in the world — her failing health — we might not today be living with this dystopian Supreme Court. Dear, dear President Biden: Please remember this and think of the scary consequences of your losing in 2024.It’s time for a younger candidate to take the reins of the Democratic Party. But he or she will need a couple of years to get his message out, and that means that Mr. Biden must announce now that he plans to be a one-term president.I love you, Joe, but you’ve given your all for the party, and it’s time to go.Clare ChristiansenOak Harbor, Wash.Solving New York City’s Housing ShortageTaylor Sicko moved out of New York City during the pandemic after she lost her job and was unable to afford rent. She has a new, remote job — based in New York — but she doesn’t want to move back.Rachel Woolf for The New York TimesTo the Editor:Re “Rising Rents, and No Cure on Horizon” (Business, Aug. 2):Your excellent story rightly diagnoses a major crisis facing the city — a decades-long failure to build enough housing to meet demand — but understates the responsibility that some local elected officials and anti-development activists bear for allowing it to spiral out of control.As noted, the city has committed a record $22 billion for housing — far more than any other city in the country. But all the money in the world won’t build the number of homes we need if local elected officials continue to block zoning changes that add additional density in their districts and NIMBY groups file frivolous lawsuits that delay new construction year after year.The City Council should work with the mayor to implement common-sense zoning changes and embrace opportunities to build new housing in their neighborhoods. Survey after survey has shown that the vast majority of New Yorkers are desperate for more affordable housing that will allow them and their children to stay in the city, and to assure we can retain the talented, diverse work force that makes the city the greatest in the world. It is time we made their wish a reality.Carl WeisbrodNew YorkThe writer is former chairman of the New York City Planning Commission.To the Editor:While elected officials are fighting tooth and nail to rezone neighborhoods, thousands of unoccupied rent-stabilized units sit vacant in New York City. Once a rent-stabilized unit becomes vacant, landlords are not required to rent out unoccupied rent-stabilized units to new tenants. Landlords are often incentivized to warehouse vacant rent-stabilized units, decreasing the availability of affordable housing in New York City.In the current housing market, applicants are entering rental bidding wars for market-rate units while vacant rent-stabilized units sprinkled across the five boroughs collect dust.Dena RosmanNew YorkSolace at the Beach To the Editor:Re “The Joys of Swimming While Fat,” by Phoebe Wahl (Op-Art, Aug. 13):Thank you so much for publishing a graphic depiction of a fat mommy who “risks” showing her body, her “redness and chafing and sweat” at the beach. She finds solace and peace swimming where she feels totally herself. Her struggles with internalized shame float away. No small feat!I can’t wait to share this with my life issues group for women who binge eat as a survival skill. Well put, Ms. Wahl. As women we need to stand up to “the burdens of patriarchy and society’s judgments” all the time!Arden Greenspan GoldbergNew YorkThe writer, a licensed clinical social worker, is a certified eating disorder specialist. More

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    There Is No Happy Ending to America’s Trump Problem

    Debate about the search of Donald Trump’s Mar-a-Lago residence has settled into well-worn grooves. Mr. Trump and many Republicans have denounced the act as illegitimate. Attorney General Merrick Garland is staying mostly mum. And Democrats are struggling to contain their enthusiasm.Liberal excitement is understandable. Mr. Trump faces potential legal jeopardy from the Jan. 6 investigation in Congress and the Mar-a-Lago search. They anticipate fulfilling a dream going back to the earliest days of the Trump administration: to see him frog-marched to jail before the country and the world.But this is a fantasy. There is no scenario following from the present that culminates in a happy ending for anyone, even for Democrats.Down one path is the prosecution of the former president. This would be a Democratic administration putting the previous occupant of the White House, the ostensible head of the Republican Party and the current favorite to be the G.O.P. presidential nominee in 2024, on trial. That would set an incredibly dangerous precedent. Imagine, each time the presidency is handed from one party to the other, an investigation by the new administration’s Justice Department leads toward the investigation and possible indictment of its predecessor.Some will say that Mr. Trump nonetheless deserves it — and he does. If Mr. Garland does not press charges against him for Jan. 6 or the potential mishandling of classified government documents, Mr. Trump will have learned that becoming president has effectively immunized him from prosecution. That means the country would be facing a potential second term for Mr. Trump in which he is convinced that he can do whatever he wants with complete impunity.That seems to point to the need to push forward with a case, despite the risk of turning it into a regular occurrence. As many of Mr. Trump’s detractors argue, the rule of law demands it — and failing to fulfill that demand could end up being extremely dangerous.But we’ve been through a version of the turbulent Trump experience before. During the Trump years, the system passed its stress test. We have reason to think it would do so again, especially with reforms to the Electoral Count Act likely to pass during the lame duck session following the upcoming midterm elections, if not before. Having to combat an emboldened Mr. Trump or another bad actor would certainly be unnerving and risky. But the alternatives would be too.We caught a glimpse of those alternative risks as soon as the Mar-a-Lago raid was announced. Within hours, leading Republicans had issued inflammatory statements, and these statements would likely grow louder and more incendiary through any trial, both from Mr. Trump himself and from members of his party and its media rabble-rousers. (Though at a federal judge’s order a redacted version of the warrant affidavit may soon be released, so Mr. Trump and the rest of his party would have to contend with the government’s actual justification of the raid itself.)If the matter culminates in an indictment and trial of Mr. Trump, the Republican argument would be more of what we heard day in and day out through his administration. His defenders would claim that every person ostensibly committed to the dispassionate upholding of the rule of law is in fact motivated by rank partisanship and a drive to self-aggrandizement. This would be directed at the attorney general, the F.B.I., the Justice Department and other branches of the so-called deep state. The spectacle would be corrosive, in effect convincing most Republican voters that appeals to the rule of law are invariably a sham.But the nightmare wouldn’t stop there. What if Mr. Trump declares another run for the presidency just as he’s indicted and treats the trial as a circus illustrating the power of the Washington swamp and the need to put Republicans back in charge to drain it? It would be a risible claim, but potentially a politically effective one. And he might well continue this campaign even if convicted, possibly running for president from a jail cell. It would be Mr. Trump versus the System. He would be reviving an old American archetype: the folk-hero outlaw who takes on and seeks to take down the powerful in the name of the people.We wouldn’t even avoid potentially calamitous consequences if Mr. Trump somehow ended up barred from running or his party opted for another candidate to be its nominee in 2024 — say, Ron DeSantis, the governor of Florida. How long do you think it would take for a freshly inaugurated President DeSantis to pardon a convicted and jailed Donald Trump? Hours? Minutes? And that move would probably be combined with a promise to investigate and indict Joe Biden for the various “crimes” he allegedly committed in office.The instinct of Democrats is to angrily dismiss such concerns. But that doesn’t mean these consequences wouldn’t happen. Even if Mr. Garland’s motives and methods are models of judiciousness and restraint, the act of an attorney general of one party seeking to indict and convict a former and possibly future president of the other party is the ringing of a bell that cannot be unrung. It is guaranteed to be undertaken again, regardless of whether present and future accusations are justified.As we’ve seen over and over again since Mr. Trump won the presidency, our system of governance presumes a certain base level of public spiritedness — at the level of the presidency, in Congress and in the electorate at large. When that is lacking — when an aspersive figure is elected, when he maintains strong popular support within his party and when that party remains electorally viable — high-minded efforts to act as antibodies defending the body politic from the spread of infection can end up doing enduring harm to the patient. Think of all those times during the Trump presidency when well-meaning sources inside and outside the administration ended up undermining their own credibility by hyping threats and overpromising evidence of wrongdoing and criminality.That’s why it’s imperative we set aside the Plan A of prosecuting Mr. Trump. In its place, we should embrace a Plan B that defers the dream of a post-presidential perp walk in favor of allowing the political process to run its course. If Mr. Trump is the G.O.P. nominee again in 2024, Democrats will have no choice but to defeat him yet again, hopefully by an even larger margin than they did last time.Mr. Trump himself and his most devoted supporters will be no more likely to accept that outcome than they were after the 2020 election. The bigger the margin of his loss, the harder it will be for Mr. Trump to avoid looking like a loser, which is the outcome he dreads more than anything — and one that would be most likely to loosen his grip on his party.There is an obvious risk: If Mr. Trump runs again, he might win. But that’s a risk we can’t avoid — which is why we may well have found ourselves in a situation with no unambivalently good options.Damon Linker, a former columnist at The Week, writes the newsletter “Eyes on the Right” and is a senior fellow in the Open Society Project at the Niskanen Center.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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    With Trump, Merrick Garland Can’t Afford to Miss

    The two weeks since the F.B.I. descended on Mar-a-Lago have felt remarkably familiar. It’s not just that Donald Trump is dominating headlines once again; it’s that all the hits of 2017 and 2018 are being played again: legal experts cobbling together complex theories out of fragmentary information, exciting Twitter speculation about espionage and treason, a “this time we’ve got him” spirit unseen since the days of Bob Mueller devotional candles.The familiarity is useful; it means that we can look back and consider why they didn’t “get him” then, why Russiagate ended in a relative fizzle and sealed Republicans into a permanent suspicion of any investigation into Trumpian malfeasance.The Russia investigation was predicated — in the public eye and, at least in part, in its legal origins — on dire and dramatic scenarios: that Donald Trump had been cultivated as an agent of influence by Moscow, that there was a secret alliance between Trump’s inner circle and Russian intelligence, that the Trump campaign and the Russians had effectively collaborated in the hacking and dissemination of the Democratic National Committee’s emails. (And lordy, that maybe there was a pee tape.)None of these scenarios were proved by the investigation. As many Trump critics hastened to argue, the Mueller report did not exonerate the president or his campaign from wrongdoing. But the guilt established or suggested involved many things done in the clear light of day in an election that Trump won (encouraging Russian hackers and touting the information released), things attempted but never brought to fruition (some hapless, “Burn After Reading”-level attempts to connect with Russian dirt peddlers) and possible obstructions of justice in the course of the Mueller inquiry.Meanwhile, it also became clear that the investigation itself was guilty of process abuses, particularly in the way that the F.B.I. went about obtaining FISA warrants. And there was an obvious feedback loop between this investigative overreach and the overheated media coverage — the fact that law enforcement was unwisely using the infamous Steele dossier as a predicate encouraged journalists to amplify the dossier’s extreme scenarios, because after all, if the F.B.I. took them seriously, they must be very serious indeed.The endpoint of the investigation, then, reminded everyone that Trump is a self-interested intriguer surrounded by low-minded hacks. But it also made both the feds and the press look as if they had overreached in search of a Watergate ending. And for the partisan mind, the second part loomed inevitably larger, confirming Trump’s supporters in their belief that whatever sins their man might commit, the deep state was always out to get him.Now here we are again, and like the decisions of Mueller and James Comey before him, Merrick Garland’s choices turn on facts that the public can see only through a glass darkly. But I sincerely hope that the attorney general had the Russiagate experience in mind when he signed off on the search of Mar-a-Lago and that he considers how Mueller’s investigation finished as he considers his next move.The lesson to be drawn is emphatically not that Trump needs to be given permanent immunity because of a “don’t arrest ex-presidents” rule or out of fears that his supporters will take to the streets or launch lone-wolf attacks on the F.B.I.The lesson, rather, is that if the agents of the state come after Trump, and especially now when they come as representatives of an administration that might face him in the next election, they can’t afford to miss.Not only in the jury box but also in the court of public opinion, it needs to be clear, crystal clear, what separates any crimes he might be charged with from — for example — the perjury and obstruction of justice that didn’t send Bill Clinton to prison or the breach of intelligence protocols that Hillary Clinton wasn’t charged with. You don’t just need a plausible legal case that tests interesting questions about presidential declassification powers; you need an easy-to-explain slam-dunk.So if you have Trump taking design documents for nuclear weapons and shopping them to his pals in Saudi Arabia, congratulations — you got him; lock him up. If you have him taking boxes of notes from foreign leaders because he’s a childish egomaniac who thinks that he’s earned his White House souvenirs, well, then take the documents back, declare victory for the public interest and stop there. And if he took documents about the Russia investigation itself, of the sort that he wanted declassified during his presidency, well, tread carefully, lest you trap us all in an awful time loop where it’s forever 2017.It seems like a reasonable presumption that the documents in question are more serious than just some notes to Kim Jong-un but that the potential incrimination falls short of Trump literally selling secrets. But that’s a presumption, not a prediction. I’ve learned to be unsurprised by Trump’s folly and venality but also by his capacity to induce self-defeating blunders among people and institutions I would have considered relatively sensible before his ascent.So no predictions, just the warning: Don’t miss.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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    Giuliani Associate Sought Pardon for Him After Jan. 6, Book Says

    The letter, which also requested that Rudolph W. Giuliani be awarded the Presidential Medal of Freedom, was intercepted before reaching President Donald J. Trump.An associate of Rudolph W. Giuliani, President Donald J. Trump’s personal lawyer, tried to pass a message to Mr. Trump asking him to grant Mr. Giuliani a “general pardon” and the Presidential Medal of Freedom just after the Jan. 6 attack on the Capitol, according to a new book.The associate, Maria Ryan, also pleaded for Mr. Giuliani to be paid for his services and sent a different note seeking tens of thousands of dollars for herself, according to the book, “Giuliani: The Rise and Tragic Fall of America’s Mayor,” by Andrew Kirtzman, who had covered Mr. Giuliani as a journalist. The New York Times obtained an advance copy of the book, which is set to be released next month.Bernard B. Kerik, Mr. Giuliani’s close adviser and the New York City police commissioner for part of his time as mayor, stopped the letter from getting to Mr. Trump. And it is unclear if Mr. Giuliani, who helped lead the efforts to overturn the 2020 election but has repeatedly insisted he did not seek a pardon shielding him from potential charges, was involved in the request.But the letter adds another layer to the complex picture now swirling around Mr. Giuliani as he faces legal fallout from his efforts to try to help Mr. Trump cling to power, including being notified that he is a target in at least one investigation.“Dear Mr. President,” Ms. Ryan wrote in the letter, dated Jan. 10, 2021, according to the book, “I tried to call you yesterday to talk about business. The honorable Rudy Giuliani has worked 24/7 on the voter fraud issues. He has led a team of lawyers, data analysts and investigators.”Key Revelations From the Jan. 6 HearingsCard 1 of 9Key Revelations From the Jan. 6 HearingsMaking a case against Trump. More

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    A Former Fox News Insider Spills the Beans

    Chris Stirewalt was part of a pivotal decision to declare Joe Biden the winner of Arizona in 2020. Now he’s speaking out about a network he says incites “black-helicopter-level paranoia and hatred.”Today’s newsletter is a guest contribution by Jeremy W. Peters, who writes for The Times’s media desk. He got his hands on a forthcoming book by Chris Stirewalt, a former senior journalist at Fox News, and shares its highlights here.After a decade at Fox News, Chris Stirewalt was suddenly shown the door in January 2021, becoming a casualty of restructuring — or, at least, that was how Fox described his and other layoffs that swept out longtime journalists who were part of the network’s news division.Stirewalt, who was part of the team at Fox News that projects election results and who testified before the House Jan. 6 committee this summer, suspects there was a bigger reason behind his firing, which he explains in his new book, “Broken News: Why the Media Rage Machine Divides America and How to Fight Back,” to be released next week.“I got canned after very vocal and very online viewers — including the then-president of the United States — became furious when our Decision Desk was the first to project that Joe Biden would win the former G.O.P. stronghold of Arizona in 2020,” Stirewalt writes.Coming at 11:20 p.m., well before the other networks declared that Biden would win the state, the Fox call was extremely controversial and consequential. It infuriated Donald Trump and threw a wrench into his attempt to falsely declare himself the winner of the 2020 election. He ordered his campaign aides to demand that Fox retract the call, to no avail.Despite the pressure to reverse its decision, and the ratings crash Fox suffered in the next few weeks after Trump urged people to watch other networks, the network didn’t buckle because the Decision Desk analysts insisted that the data backed up their projections. And they were right.A spokeswoman for Fox News said, “Chris Stirewalt’s quest for relevance knows no bounds,” and disputed the idea that his departure from the network had anything to do with the Arizona call. She added that Arnon Mishkin, the head of the Decision Desk, would be returning for the November midterm elections.Green beans and ice creamStirewalt’s book is an often candid reflection on the state of political journalism and his time at Fox News, where such post-mortem assessments are not common — either because of the strict confidentiality agreements in place for employees, or the loyalty that some network insiders continue to feel even after they’ve left.In Stirewalt’s view, the network has played a leading role in the coarsening of American democracy and the radicalization of the right. At one point in the book, he accuses Fox of inciting “black-helicopter-level paranoia and hatred.”He describes how, over his 11 years at the network, he witnessed Fox feeding its viewers more and more of what they wanted to hear, and little else. This kind of affirming coverage got worse during the years that Trump was president, he says, and turbocharged the reaction of Trump supporters once Fox called Arizona for Biden.“Even in the four years since the previous presidential election, Fox viewers had become even more accustomed to flattery and less willing to hear news that challenged their expectations,” he writes. “Me serving up green beans to viewers who had been spoon-fed ice cream sundaes for years came as a terrible shock to their systems.”He describes the “rage” directed at him and the rest of the Decision Desk team, writing, “Amid the geyser of anger in the wake of the Arizona call, Senator Kevin Cramer, Republican of North Dakota, called for my firing and accused me of a ‘cover-up.’”He goes on, “Covering up what, exactly? We didn’t have any ballots to count and we didn’t have any electoral votes to award.”Supporters of Donald Trump outside the Arizona State Capitol in Phoenix shortly after the 2020 election.Adriana Zehbrauskas for The New York TimesStirewalt also writes: “Had viewers been given a more accurate understanding of the race over time, Trump’s loss would have been seen as a likely outcome. Instead of understanding his narrow win in 2016 as the shocking upset that it was, viewers were told to assume that polls don’t apply (unless they were good for Trump) and that forecasters like me were going to be wrong again.”Stirewalt names names, taking particular aim at Tucker Carlson, the host of Fox’s highest-rated prime time show and a frequent fanner of flames in the nation’s cultural battles. He paints Carlson and Fox management as hypocrites who claim to be standing up against big corporate media despite being part of a gigantic corporate media enterprise.“Carlson is rich and famous,” Stirewalt writes. “Yet he regularly rails about the ‘big, legacy media outlets.’ Guests denounce the ‘corporate media’ on his show and Fox’s C.E.O. calls Carlson ‘brave’ for discussing controversial topics. Yet somehow, nobody even giggles.”He adds, “It does not take any kind of journalistic courage to pump out night after night exactly what your audience wants to hear.”What Fox wantsStirewalt also offers a counterintuitive take on what Fox News ultimately wants to achieve by offering content that tilts hard to the right. It’s not to elect Republicans or really even to help them at all, he says.Rather, it’s about making money.Hosts like Sean Hannity and analysts like Dick Morris, the former Clinton aide who became a fixture on Fox, for years propagated falsehoods to their audiences about how well Republicans were positioned to win their races, apparently aiming to juice the network’s ratings, Stirewalt writes.“They wanted it to be true because they wanted Republicans to win,” he says, “but keeping viewers keyed up about the epochal victory close at hand was an appealing incentive to exaggerate the G.O.P. chances. It was good for them to raise expectations, but it wasn’t good for the party they were rooting for.”He adds, “Despite all that Fox’s detractors said about the network being a mouthpiece for the Republican Party, the two organizations had fundamentally different aims.”Stirewalt briefly reflects on what his role in all of this might have been, now that he’s been gone for a year and a half. He is now a senior fellow at the American Enterprise Institute and a columnist for The Bulwark, a publication that has become a locus of anti-Trump energy among disaffected Republicans.“I make no pretense that I have always been on the side of the angels,” he writes. “But I have definitely paid my dues.”What to read on democracyAfter initially keeping their distance, mainstream Republicans are uniting around Doug Mastriano, the Republican nominee for governor of Pennsylvania, Trip Gabriel writes. A hard-right Trump loyalist who marched on the Capitol on Jan. 6, 2021, Mastriano has raised fears that if elected, he would not certify a Democratic victory in the state’s 2024 presidential contest.More democracies are declining, and even sliding into autocracy, today than at any point in the last century, according to data from V-Dem, a monitoring institute based in Sweden. Max Fisher, an international reporter and columnist for The Times, takes a country-by-country look.In The New Yorker, Louis Menand writes about how American democracy was never designed to be fully democratic.Thanks for reading. We’ll see you next week.— BlakeIs there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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    Graham Ordered to Appear Before Atlanta Grand Jury Investigating Trump

    A federal judge declined to stay her order that Senator Lindsey Graham of South Carolina appear on Tuesday before a special grand jury in Atlanta.ATLANTA — A federal judge on Friday turned down a request by Senator Lindsey Graham of South Carolina to avoid testifying next week before a special grand jury investigating attempts by former President Trump and his allies to overturn his November 2020 election loss in Georgia.The order, issued by U.S. District Court Judge Leigh Martin May, means that Mr. Graham, a South Carolina Republican and staunch Trump ally, is on track to appear in a closed-door session of the special grand jury on Tuesday at a downtown Atlanta courthouse. However, Mr. Graham already has taken his case to the U.S. Court of Appeals for the 11th Circuit, which has the ability to step in to postpone his appearance.Judge May had earlier issued an order forcing the senator to give testimony, but Mr. Graham asked the judge to stay the order while he pursued his appeal in the case. On Friday, the judge wrote that “the public interest would not be served” by granting a stay and delaying Mr. Graham’s testimony.“In this context, the public interest is well-served when a lawful investigation aimed at uncovering the facts and circumstances of alleged attempts to disrupt or influence Georgia’s elections is allowed to proceed without unnecessary encumbrances,” Judge May, who was appointed by President Barack Obama, wrote.Mr. Graham is one of a number of Republican witnesses who have fought subpoenas to appear in person before the grand jury. So far, most have lost.Mr. Trump’s former personal lawyer, Rudolph W. Giuliani, spent hours before the same special grand jury earlier this week, after initially saying that health conditions prevented him from flying to Atlanta from New York. Two other Trump team lawyers who unsuccessfully fought their subpoenas, Jenna Ellis and John Eastman, are scheduled to appear before the grand jury before the end of the month.And a hearing in Fulton County Superior Court has been scheduled for Thursday to consider Gov. Brian Kemp’s efforts to quash a subpoena compelling his testimony. In a motion this week, the Georgia Republican argued that he had been mistreated by the office of Fani T. Willis, the Fulton County district attorney, and claimed that she had subpoenaed him “for improper political purposes.”Lawyers for Mr. Graham have said that he was informed by Fulton County prosecutors that he was a witness, not a target, in the case.Mr. Trump’s former personal lawyer, Rudolph W. Giuliani, spent hours before the special grand jury in Atlanta this week.Nicole Craine for The New York TimesEven so, prosecutors want Mr. Graham’s testimony for a number of reasons. Among them are two phone calls that he placed just after the 2020 election to Brad Raffensperger, the Georgia secretary of state, in which Mr. Graham inquired about ways to help Mr. Trump by invalidating certain mail-in votes.They also want to ask him other questions about what they have called “the multi-state, coordinated efforts to influence the results of the November 2020 election in Georgia and elsewhere.” Prosecutors have said in court documents that they expect Mr. Graham’s testimony “to reveal additional sources of information” related to their investigation.Mr. Graham’s lawyers have argued, among other things, that he should be shielded from testimony under the Constitution’s speech and debate clause, which bars questioning of members of Congress about their legitimate legislative activities. They argue that he made the phone calls to Mr. Raffensperger as part of his work as a senator and a former chair of the Judiciary Committee.But they were unable to persuade the judge that they had enough of a case to earn a stay. She noted that there were “multiple areas of proper inquiry” in the case that were not related to Mr. Graham’s work as a senator.And the judge agreed with Ms. Willis’s office that waiting for his appeal to be resolved could cause serious delays and potentially have a negative effect on the special grand jury’s work — particularly when it came to revealing “new categories of information and witnesses, thereby compounding the total delay and hampering the grand jury as it attempts to carry out its investigation expeditiously.” More

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    Think the Economy Is Hard to Predict? Try the Midterms.

    The overturning of political norms is testing the limits of an established and generally dependable forecasting model that relies solely on economics.Based on the economy alone, Democrats face a big problem in the midterm elections.Inflation has been extremely high and economic growth has been weak or even negative. That is a toxic political combination — bad enough for the Democrats to lose the House of Representatives by a substantial margin.That, at least, is the forecast of an econometric model run by Ray Fair, a Yale economist. He has used purely economic variables to track and predict elections in real time since 1978, with fairly good results, which he shares with his students and which are available on his website for anyone who wants to examine the work.The party in power always starts off with a handicap in midterm elections, and a bad economy makes matters worse, Professor Fair said in an interview. “At the moment, the Democrats definitely have an uphill climb.”Yet Professor Fair acknowledges that his model can’t capture everything that is going on in the country.While his analysis shows that the Democrats have fallen into an increasingly deep hole as the year has gone on, prediction markets and public opinion polls are more upbeat for the Democrats right now, and show a surge that began in late June.Eric Zitzewitz, a Dartmouth professor who has studied prediction markets extensively, says the improved odds for the Democrats may be linked to an important development beyond the economy: the Supreme Court’s decision to overturn Roe v. Wade.The power of the economyNo one would question whether economic conditions have a major influence on politics.But Professor Fair’s work goes further than that. In his book “Predicting Presidential Elections and Other Things,” and in a series of papers and online demonstrations, he has shown that the economy is so powerful that it explains the broad outcome of most national elections since 1916. His relentlessly economic approach does not include any consideration whatsoever of the staples of conventional political analysis: the transcendent issues of the day, the personalities of the candidates or the tactics employed by their campaigns.This year, as high inflation has persisted and economic growth has slowed, he finds that the electoral prospects for the Democrats have worsened. Based on data through July, he estimates that Democrats will get only 46.70 percent of the raw national vote for congressional candidates in November.How this projection translates into results for individual congressional seats is beyond the scope of Professor Fair’s grand experiment.“That’s not what this model is built to do,” he said. “I leave that to the political scientists. But I think the model is showing that, because of the economy, the odds aren’t good for the Democrats holding the House of Representatives.”More Coverage of the 2022 Midterm ElectionsLiz Cheney’s Lopsided Loss: The Republican congresswoman’s defeat in Wyoming exposed the degree to which former President Donald J. Trump still controls the party’s present — and its near future.2024 Hint: Hours after her loss, Ms. Cheney acknowledged that she was “thinking” about a White House bid. But her mission to thwart Donald J. Trump presents challenges.The ‘Impeachment 10’: With Ms. Cheney’s defeat, only two of the 10 House Republicans who voted to impeach Mr. Trump remain.Alaska Races: Senator Lisa Murkowski and Sarah Palin appeared to be on divergent paths following contests that offered a glimpse at the state’s independent streak.Something missingYet, as Professor Fair readily acknowledges, his model’s single-minded exclusion of noneconomic factors inevitably misses some important things.In the 2016 presidential election, for example, it projected that Hillary Clinton would lose the popular vote to Donald J. Trump. She won the popular vote but lost the presidency in the Electoral College.“It’s possible,” he said, “that some of that was Trump’s personality, and that the model couldn’t pick that up.”Something similar may have happened in 2020. The model estimated that Joseph R. Biden Jr. would receive only 47.9 percent of the popular vote but he actually got 52.27 percent. In both cases, Professor Fair said, “Trump did not do as well as he was predicted to do by the model.”The model’s singular focus may be unable to adequately account for what Professor Fair calls “the Trump effect.” That shorthand encompasses the array of norm-shattering behaviors and issues associated with President Trump and his adherents, including the Jan. 6 insurrection; Mr. Trump’s denial of President Biden’s election win in 2020; and the decision of the Supreme Court, with three Trump appointees, to overturn Roe v. Wade, which had been the law of the land for 50 years.What prediction markets sayIn theory, the prices in perfectly efficient markets synthesize the knowledge of each participant, making them better at assessing complicated issues than any individual can. But perfect conditions don’t exist for any market on earth and certainly not for prediction markets. Still, Professor Zitzewitz says these markets are highly informative.He pointed out that as recently as June 23, PredictIt, a leading prediction market, gave the Republican Party a 76 percent chance of taking the House of Representatives and the Senate from the Democrats in November.But the next day, June 24, the Supreme Court overturned Roe v. Wade. By June 30, the probability of a Republican sweep, calculated from bets placed on the PredictIt site, dropped to 60 percent. They were down to 39 percent on Thursday, with a higher probability, 47 percent, given to a different outcome: Democratic control of the Senate and a Republican victory in the House.Public opinion polls appear to have moved in a similar direction. The average of the polls tracked by Real Clear Markets has shifted from total Republican dominance to a virtual dead heat in the generic congressional ballot. On the other hand, Mr. Biden’s job rating in those polls is still awful, with nearly 16 percent more people disapproving of his performance than approving of it.Did the Supreme Court ruling shift the odds for the midterms? Did the Jan. 6 hearings swing public opinion? Has a string of legislative victories added luster to the Biden aura and moved some voters toward Democrats?It’s impossible to prove cause and effect for any of these things.Economic anomaliesIt is conceivable that the unique economic situation is muddling the projections in Professor Fair’s model.Gross domestic product and the inflation rate are the only economic factors the model uses, and may not be adequate for analyzing the state of the economy now, with the pandemic and Russia’s war in Ukraine causing disruptions around the globe. Both the G.D.P. and inflation numbers for the United States are bleak and the Federal Reserve is raising interest rates, giving rise to speculation that the country is heading into a recession or is already in one.But other metrics, like gross domestic income and the unemployment rate, have been more positive. If the economy turns out to be in better shape than the core G.D.P. and inflation data indicate, the vote projections for the incumbent Democrats would improve, and they would worsen for the Republicans.Then again, Professor Fair said, “The economy and the political situation are always unique.”Reality is recalcitrant. Human behavior never fits entirely into any model or market yet invented.It’s worth knowing as much as you can about the underlying factors, but they come down to people. I find that reassuring.In the end, elections depend on the voters coming out and the public as a whole respecting the results. Astonishingly, in 2022, that basic civics lesson needs reinforcement. The legitimacy of the 2020 election is still under attack.So, remember, whatever the models, the markets, the polls, the pundits or the candidates say, the future is in your hands. When Election Day comes around, it’s more important than ever to get out and vote, and to make sure your vote counts. More