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    Two Trump White House Lawyers Meet With Jan. 6 Investigators

    Pat A. Cipollone, the former White House counsel, and Patrick F. Philbin, who was his deputy, met separately with the panel after the former president authorized them to do so.Two of former President Donald J. Trump’s top White House lawyers met on Wednesday with the House committee investigating the Capitol attack, after Mr. Trump authorized them to engage with the panel, according to a person familiar with the matter.Pat A. Cipollone, the former White House counsel, and Patrick F. Philbin, who was his deputy, met separately with the panel, two people familiar with the sessions said, speaking on the condition of anonymity because they were not authorized to disclose the meetings.It was not immediately clear how much information Mr. Cipollone and Mr. Philbin had provided to the committee or what they said, but they were present for key moments in the buildup to the storming of the Capitol on Jan. 6, 2021, including pivotal conversations and meetings in which Mr. Trump discussed using the powers of his office to try to overturn the election.Their cooperation, which was reported earlier by Politico, added to the more than two dozen White House officials who agreed to take the committee’s questions.The two were not under oath and their interviews were not transcribed, but the men could return for formal interviews or deposition later, one of the people said, describing it as a typical process as investigators determine who they want to question.The interviews came as the committee learned from the National Archives that lawmakers would receive additional documents from the Trump White House after President Biden declined to assert executive privilege over them.In a letter on Wednesday, David S. Ferriero, the national archivist, told Mr. Trump that he would turn over a new set of records to the committee within 15 days “unless prohibited by court order.” Mr. Trump wrote to the archives in February to say he asserted executive privilege over more than 1,000 documents in its possession.In recent days, the committee has questioned Mr. Trump’s elder daughter Ivanka Trump and her husband, Jared Kushner, both former White House advisers. In transcribed interviews, they provided testimony that lawmakers described as “helpful.”Mr. Trump told The Washington Post that he had offered his daughter and son-in-law “privilege,” but they declined it. Courts have rejected Mr. Trump’s claims of executive privilege, and the Biden White House has declined to invoke it for material and witnesses sought by the Jan. 6 inquiry, including for Ms. Trump and Mr. Kushner’s testimony.The panel has also heard from John McEntee, who served as Mr. Trump’s chief of presidential personnel; Anthony M. Ornato, the former White House chief of operations; and Eric Herschmann, a White House lawyer. Another top adviser, Stephen Miller, was slated to testify on Thursday, according to another person familiar with the matter, who also spoke on the condition of anonymity.Mr. Miller was subpoenaed late last year and had lengthy negotiations to appear.Mr. Cipollone, who defended Mr. Trump during his first impeachment trial, pushed back against some of the most extreme plans the president considered for overturning the election. He participated in meetings with Trump allies who were pressing for the military to seize voting machines and in which Attorney General William P. Barr offered his resignation after making clear that the Justice Department had found no widespread fraud in the 2020 election.Patrick F. Philbin, who was Mr. Cipollone’s deputy, also met with the House committee investigating the Capitol attack.Erin Schaff/The New York TimesMr. Cipollone also tried to persuade Mr. Trump to stop pursuing baseless claims of fraud. He balked at pursuing a plan proposed by Jeffrey Clark, a Justice Department lawyer, who had wanted to distribute official letters to multiple state legislatures falsely alerting them that the election might have been stolen and urging them to reconsider certified results.“That letter that this guy wants to send — that letter is a murder-suicide pact,” Mr. Cipollone told Mr. Trump, according to testimony the panel has received. “It’s going to damage everyone who touches it. And we should have nothing to do with that letter. I don’t ever want to see that letter again.”Mr. Philbin, who was a senior Justice Department lawyer under President George W. Bush, was also present for the meeting in which Mr. Barr offered his resignation.The Supreme Court has ordered the National Archives to turn over to the committee Mr. Philbin’s White House records, which include a memo about a potential lawsuit against several states that Mr. Biden won in the 2020 election. They also contain a series of emails from a state official regarding election-related issues and talking points on alleged election irregularities in a county in Michigan.And they include a plan pushed by Michael T. Flynn, Mr. Trump’s first national security adviser, and the lawyer Sidney Powell to declare that there was foreign influence in the election, with the goal of allowing Mr. Trump to use the powers of the Defense Department to seize voting machines and have the votes recounted. More

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    Jan. 6 Suspect Blames Trump for Spurring Him to Capitol Riot

    Dustin Thompson, an unemployed exterminator from Ohio, was the first defendant tried in the Capitol attack to offer a Trump-made-me-do-it defense before a jury.WASHINGTON — Dustin Thompson’s trip down what he called “the rabbit hole” of election misinformation began eight months before a single vote was cast in 2020. It ended inside the United States Capitol on Jan. 6, 2021, where he was part of the mob of Trump supporters that stormed inside during Congress’s counting of electoral votes in the worst attack on the building since the War of 1812.An exterminator from Columbus, Ohio, Mr. Thompson, 38, was laid off in March 2020, at the start of the pandemic. Alone at home with his new wife, he began spending long days on the internet, steeping himself in conspiracy theories about the upcoming vote.As the election approached, he said, he fully believed that if Donald J. Trump ended up losing, it would only be because the voting had been rigged, as the president had been warning publicly for months. Even after Joseph R. Biden Jr. was declared the winner, Mr. Thompson could not accept that it was true.All of this, he told a jury at his criminal trial on Wednesday, led him to Washington on Jan. 6 for a Stop the Steal rally, where he and a friend listened to Mr. Trump give an incendiary speech near the White House.In an hour on the witness stand, Mr. Thompson blamed Mr. Trump for what eventually occurred, saying that he had been answering the president’s call to go to the Capitol and “fight like hell” when he joined the throng swarming into the building and made off with a bottle of bourbon and a coat rack.“If the president’s giving you almost an order to do something,” he said, “I felt obligated to do that.”Mr. Thompson’s story is not unusual. At several points during the Justice Department’s vast investigation of the Capitol attack, many people charged with crimes have sought to blame Mr. Trump in various ways for their actions, mostly at pretrial bail hearings or at sentencings after pleading guilty.But Mr. Thompson is the first defendant to attempt the argument at trial in front of a jury. In making his case, he offered a window into the toxic and relentless flood of conspiracy theories and lies, stoked by Mr. Trump, that helped give rise to the riot.The move comes with considerable risk, and its success or failure could determine not only Mr. Thompson’s fate, but that of other defendants accused of taking part in the violence of Jan. 6.Before the trial began, Mr. Thompson admitted to prosecutors that he had gone into the Capitol and stolen government property, agreeing in advance to nearly every element of the six charges he faces. His defense will rest almost entirely on the question of his state of mind during the riot.Mr. Thompson has claimed that he did not knowingly or corruptly break the law, but rather, as his lawyer said on Tuesday, was “so influenced — so used and abused” by Mr. Trump that he could not be held accountable for his behavior.The Trump-made-me-do-it defense has not fared well with judges. While it could work better on a jury, Mr. Thompson seemed to stumble on Wednesday during cross-examination, undercutting key elements of his argument.William Dreher, a prosecutor, got him to admit several times that Mr. Trump had not been at his side, offering him step-by-step instructions, when he walked into the Senate parliamentarian’s office and walked out with the whiskey and the coat rack. Mr. Thompson acknowledged that he was a married adult with a college degree who could make his own decisions.Mr. Thompson also conceded under questioning by Mr. Dreher that he had known it was unlawful to go into the Capitol on Jan. 6 while lawmakers were finalizing the results of the election. That appeared to contradict a central pillar of his own defense.While Mr. Thompson’s claims that he was under Mr. Trump’s spell do not carry any legal weight as evidence, they echo similar allegations the government has made in other cases connected to Jan. 6. In those cases, prosecutors have gone to great lengths to describe how rioters at the Capitol were motivated by Mr. Trump’s statements, including his speech at the Ellipse and a tweet he posted on Dec. 19, 2020 calling on his followers to attend a “wild” protest in Washington on Jan. 6.Capitol Riot’s Aftermath: New DevelopmentsCard 1 of 5Debating a criminal referral. More

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    Captured Ukrainian Oligarch Was Figure in Russian Election Meddling Investigation

    His name had surfaced as an influential figure in Ukraine with potential inside knowledge of Russian electoral meddling in the United States, though for years he had steadfastly denied it.But in recent days, the ground has shifted dramatically under Viktor Medvedchuk, a Ukrainian politician who is a close confidant of President Vladimir V. Putin of Russia and who had also been a client of the Republican political consultant Paul J. Manafort.Mr. Medvedchuk went into hiding early in the war, Ukrainian officials say, and was detained this week. President Volodymyr Zelensky posted on Tuesday a picture on Telegram of the politician, looking tired and disheveled, wearing handcuffs. He was arrested after violating terms of his house arrest while awaiting trial for treason, in a case opened last year.That case is related to coal trading with pro-Russian separatists, but more broadly it has to do with the swirl of financial and political intrigue surrounding Moscow’s operations to influence politics in foreign countries.For now, it’s unclear whether Mr. Medvedchuk will ever testify in court in Ukraine or be interviewed by investigators looking into Russian influence operations elsewhere. Mr. Zelensky said he would seek to trade Mr. Medvedchuk to Russia for Ukrainian prisoners of war.“I offer the Russian Federation to trade your man for our boys and girls now in captivity,” Mr. Zelensky said. “It’s important our law enforcement and military study such a possibility.”A trade would presumably put Mr. Medvedchuk in Russia, out of reach of researchers tracking Russian attempts to influence political outcomes abroad, in which Mr. Medvedchuk is said to have played a central role in Ukraine.A photo released by the Ukrainian Presidential Press Office Tuesday shows Viktor Medvedchuk in handcuffs after he was detained.Ukrainian Presidential Press Office, via Associated PressHis relevance to Russian electoral meddling in the United States related to his ties to Mr. Manafort, and he was not described as playing a central role in a special prosecutor’s report or in two federal trials of Mr. Manafort.Still, Mr. Medvedchuk has been close both politically and personally to Mr. Putin for more than two decades, and he was a prominent figure in the pro-Russian wing of Ukrainian politics, a circle where Mr. Manafort found several clients.Mr. Putin is the godfather to Mr. Medvedchuk’s daughter. The two men met frequently over the years, and Russian air traffic control authorities granted special exemptions for Mr. Medvedchuk’s private jet on flights to Moscow, he said in an interview in 2017.Some European politicians, including the former chancellor of Germany, Angela Merkel, had publicly endorsed a role for Mr. Medvedchuk as an intermediary in the standoff between Russia and Ukraine, given his personal ties to Mr. Putin.But in Ukraine, outside of a narrow base of support mostly in the country’s east, he was widely viewed as a loathsome quisling who had reaped wealth from energy deals with the Kremlin while promoting Russian foreign policy goals, including weakening the central government under a federalization overhaul that he had championed for years.At various times, he had served as deputy speaker of Parliament, a presidential adviser and a negotiator in prisoner exchanges with Russia. And as a figure at the nexus of various financial and political influence operations run by the Kremlin, Mr. Medvedchuk’s importance extended beyond Ukraine.Mr. Manafort, before he became chairman of Donald J. Trump’s presidential campaign in 2016, worked for a decade as a consultant for Russian-leaning politicians in Ukraine, including the Opposition Bloc party, in which Mr. Medvedchuk was one of three leading figures.Russia-Ukraine War: Key DevelopmentsCard 1 of 4U.S. support. More

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    Trump Poses a Test Democracy Is Failing

    Ordinary citizens play a critical role in maintaining democracy. They refuse to re-elect — at least in theory — politicians who abuse their power, break the rules and reject the outcome of elections they lose. How is it, then, that Donald Trump, who has defied these basic presumptions, stands a reasonable chance of winning a second term in 2024?Milan W. Svolik, a political scientist at Yale, anticipated this question in his 2019 paper “Polarization versus Democracy”: “Voters in democracies have at their disposal an essential instrument of democratic self-defense: elections. They can stop politicians with authoritarian ambitions by simply voting them out of office.”What might account for their failure to do so?In sharply polarized electorates, even voters who value democracy will be willing to sacrifice fair democratic competition for the sake of electing politicians who champion their interests. When punishing a leader’s authoritarian tendencies requires voting for a platform, party, or person that his supporters detest, many will find this too high a price to pay.In other words, exacerbated partisan competition “presents aspiring authoritarians with a structural opportunity: They can undermine democracy and get away with it.”Svolik and Matthew H. Graham, a postdoctoral researcher at George Washington University, expand on Svolik’s argument and its applicability to the United States. Supporters of democracy, they contend in their 2020 paper “Democracy in America? Partisanship, Polarization, and the Robustness of Support for Democracy in the United States,” can no longer rely on voters to serve as a roadblock against authoritarianism:We find the U.S. public’s viability as a democratic check to be strikingly limited: only a small fraction of Americans prioritize democratic principles in their electoral choices, and their tendency to do so is decreasing in several measures of polarization, including the strength of partisanship, policy extremism, and candidate platform divergence.Graham and Svolik cite survey data demonstrating that “Americans have a solid understanding of what democracy is and what it is not” and can “correctly distinguish real-world undemocratic practices from those that are consistent with democratic principles.”Despite this awareness, Graham and Svolik continue,only a small fraction of Americans prioritize democratic principles in their electoral choices when doing so goes against their partisan identification or favorite policies. We proposed that this is the consequence of two mechanisms: first, voters are willing to trade off democratic principles for partisan ends and second, voters employ a partisan ‘double standard’ when punishing candidates who violate democratic principles. These tendencies were exacerbated by several types of polarization, including intense partisanship, extreme policy preferences, and divergence in candidate platforms.The authors have calculated that “only 3.5 percent of voters realistically punish violations of democratic principles in one of the world’s oldest democracies.”Graham and Svolik go on:To get a sense of the real-world relevance of this implication, consider that in 2016 only 5.1 percent of U.S. House districts were won by a margin of less than 6.9 percent — the smallest margin that is necessary for violations of democratic principles to be electorally self-defeating. That share of districts was still only 15.2 percent in 2018. Put bluntly, our estimates suggest that in the vast majority of U.S. House districts, a majority-party candidate could openly violate one of the democratic principles we examined and nonetheless get away with it.Graham and Svolik tested adherence to democratic principles by asking respondents whether they would vote for a candidate who “supported a redistricting plan that gives own party 10 extra seats despite a decline in the polls”; whether a governor of one’s own party should “rule by executive order if legislators don’t cooperate”; whether a governor should “ignore unfavorable court rulings by opposite-party-appointed judges”; and whether a governor should “prosecute journalists who accuse him of misconduct without revealing sources.”“Put simply,” Graham and Svolik write, “polarization undermines the public’s ability to serve as a democratic check.”Graham and Svolik’s analysis challenges the canonical view of the role of the average voter as the enforcer of adherence to democratic principles. In their 1963 classic, “The Civic Culture: Political Attitudes and Democracy in Five Nations,” Gabriel A. Almond and Sidney Verba, political scientists at Stanford and Harvard, wrote:The inactivity of the ordinary man and his inability to influence decisions help provide the power that governmental elites need if they are to make decisions. But this maximizes only one of the contradictory goals of a democratic system. The power of elites must be kept in check. The citizen’s opposite role, as an active and influential enforcer of the responsiveness of elites, is maintained by his strong commitment to the norm of active citizenship, as well as by his perception that he can be an influential citizen.The democratic citizen, Almond and Verba continue, “is called on to pursue contradictory goals: he must be active, yet passive; involved, yet not too involved; influential, yet deferential.”Trump and his allies in the Republican Party have correctly been the focus of those seeking to identify the instigators of political disruption. As Barton Gellman wrote in his December 2021 article in The Atlantic, “Trump’s Next Coup Has Already Begun”:For more than a year now, with tacit and explicit support from their party’s national leaders, state Republican operatives have been building an apparatus of election theft. Elected officials in Arizona, Texas, Georgia, Pennsylvania, Wisconsin, Michigan, and other states have studied Donald Trump’s crusade to overturn the 2020 election. They have noted the points of failure and have taken concrete steps to avoid failure next time.In the most recent issue of The Annals of the American Academy of Political and Social Science, five political scientists, Suzanne Mettler, Robert C. Lieberman, Jamila Michener, Thomas B. Pepinsky and Kenneth M. Roberts, write:For decades, political scientists have observed key threats to democracy that have been on the rise: political polarization; conflict — incited by racism and nativism — over the boundaries of American citizenship and the civic status of those in different social groups; soaring economic inequality; and executive aggrandizement. The confluence of these threats fueled the candidacy of Donald Trump, whose election was a symptom, not a cause, of American democratic dysfunction.As president, the authors continue, “Trump exacerbated all four threats, imperiling the pillars of democracy, including free and fair elections, the rule of law, the legitimacy of opposition, and the integrity of rights.”In an earlier article, in the September 2020 issue of Foreign Affairs, “The Fragile Republic: American Democracy Has Never Faced So Many Threats All at Once,” Lieberman and Mettler argue thatfor the first time in its history, the United States faces all four threats at the same time. It is this unprecedented confluence — more than the rise to power of any particular leader — that lies behind the contemporary crisis of American democracy. The threats have grown deeply entrenched, and they will likely persist and wreak havoc for some time to come.Trump, the authors argue,has ruthlessly exploited these widening divisions to deflect attention from his administration’s poor response to the pandemic and to attack those he perceives as his personal or political enemies. Chaotic elections that have occurred during the pandemic, in Wisconsin and Georgia, for example, have underscored the heightened risk to U.S. democracy that the threats pose today. The situation is dire.How much of a danger do Trump and his allies continue to represent? I asked Pepinsky how likely anti-democratic politicians are to use democratic elections to achieve their ends. He replied by email:It is very possible — not sure how likely, but entirely possible. The G.O.P.’s rhetoric is clear about what it believes a G.O.P.-led government should be able to implement, and the party has proven repeatedly unwilling to sanction its most visible political figure for plainly illegal and undemocratic behavior. And the G.O.P. machine at the state level is mobilizing to stack electoral bureaucracies with conspiracy-curious lickspittles who would love nothing more than to refuse to certify elections won by Democrats. The threat is real.Lieberman, in turn, stressed in an email the key role of white discontent as a factor in the crisis American democracy faces:The perception among many white Americans that their status at the top of the political hierarchy is eroding is certainly a critical factor fueling the crisis of American democracy today. This is a recurring pattern in American history: when proponents of expanded and more diverse democracy gain power, those who have a stake in old hierarchies and patterns of exclusion are often willing to defy democratic norms and practices in order to stay in power.But, Lieberman continued,It’s not necessarily inevitable that those defenders of old hierarchies will find refuge in the mainstream of a major political party, which gives their aims credibility and political force. When that has happened, as with the Democrats in the 1880s and 1890s, the result has been disastrous democratic backsliding. But in the 1960s, by contrast, a coalition of northern Democrats and Republicans was able to overcome those antidemocratic forces, at least for a short time.The efforts by Republicans to take over control of elections through state laws giving local legislatures the power to overturn election results — as well as by running candidates for secretary of state who espouse the view that the 2020 election was stolen — are troubling, to say the least.Donald Moynihan, a professor of public policy at Georgetown University — and the author of “Delegitimization, Deconstruction and Control: Undermining the Administrative State” in the current issue of The Annals of the American Academy of Political and Social Science — wrote by email that he is “more worried about declines in democracy driven by formal changes in the law than by events like January 6th.”Moynihan pointed out that at 3:32 a.m. on Jan. 7 — hours after protesters incited by Trump swarmed the U.S. Capitol — a majority of House Republicansvoted not to accept the results of the last election. This represents an astonishing signal by a group of elected officials of their willingness to play procedural hardball to upend democratic outcomes. State legislatures are passing laws that constrain individual rights via democratic means, and also shifting powers in a way that can ensure Republican victories. It’s very possible to envision how newly elected state and local election officials who believe Trump’s false claims about the 2020 election would make decisions where they refuse to certify free and fair elections.It is now possible, Moynihan continued,to envisage some state legislatures using fraudulent fraud claims as an excuse to select a slate of electors consistent with their partisan interests rather than with the actual outcome of their election. This is not the most likely outcome, but it is significantly more likely than it was just a couple of years ago. The confluence of events — a close election in swing states, allegations of fraud, state legislatures stepping in to choose the winner and a Republican majority in Congress endorsing this — is an entirely plausible democratic process to nullify democracy.Partisan polarization has pushed Americans not only into mutually exclusive political parties, but also into two warring civic cultures.In a March 2022 paper, “‘Good Citizens’ in Democratic Hard Times,” Sara Wallace Goodman of the University of California, Irvine, examined the growing disagreement among voters over what the obligations of a good citizen are.Goodman compared voter attitudes on what constitutes “good citizen” norms in 2004 and in 2019. A strikingly high level of agreement between Republicans and Democrats in 2004 had nearly disappeared by 2019, according to her research:Where 15 years prior, the only difference between partisans was in helping others (and the difference was slight), we see in this second (2019) snapshot several items of disagreement. In the United States, Democrats are more likely to value associational life and respecting opinions of others as values of good citizenship. Moreover, the gap between Democrats and Republicans in “helping others” has widened significantly. For Republicans, respondents are significantly more likely to value obeying the law. This portrays a clear erosion of overlapping norms, on almost every item.In his March 2022 article “Moderation, Realignment, or Transformation? Evaluating Three Approaches to America’s Crisis of Democracy,” Lee Drutman, a senior fellow at New America and the author of “Breaking the Two-Party Doom Loop,” argues that neither moderation nor realignment is adequate to address current problems in American democracy:Only reforms that fundamentally shake up the political coalitions and electoral incentives can break the escalating two-party doom loop of hyperpartisanship that is destroying the foundations of American democracy.Drutman makes the case that moderation is futile becausein today’s politics, with national identity, racial reckoning, and democracy itself front and center in partisan conflict, it is hard to understand moderation as a middle point when no clear compromise exists on what are increasingly zero-sum issues. This is where the moderation principle falls especially short. If one party or both parties have no interest in moderation or cross-partisan compromise, would-be “moderates” cannot straddle an unbridgeable chasm.What about a realignment in which the Democratic Party regains its majority status more firmly?Drutman writes in his essay:Any future scenario in which Democrats achieve a decisive and sustainable national majority is a future in which the Republican Party is almost certain to be led by the illiberal radicals who have been gaining power within the party for years as small-l liberal Republicans have fled the party. In short, “realignment” in the form of an extended period of Democratic majority rule does not offer a clear solution. It runs up against significant structural obstacles. And the more likely it seems, the more it stands a very good chance of pushing the Republican Party into even more radical insurrectionism.In fact, Drutman’s basic argument is that “there is no feasible solution to the current crisis within the two-party system itself, given the escalating polarization and the extremist trajectory of the Republican Party.”According to Drutman, “this kind of polarization, which involves not just (or not even) policy agreement but instead deep distrust of fellow citizens, is a very typical precursor of democratic decline.” Conversely, “in more proportional systems, out-party hatreds are rarer and tend to only be directed toward extreme parties.”Drutman acknowledges the many roadblocks that face the kind of transformation to a multiparty system he proposes. He argues, however, thatthe only way to make America governable for the foreseeable future is to allow new and more fluid political coalitions. Major electoral reform may seem radical, but the challenges that the American political system faces right now — toxic polarization, a major party that is rapidly embracing illiberalism, widening economic inequalities, and a racial reckoning — are immense and will blow right through straw and sticks. Only a genuine transformation of the structures of American democracy offers a solution.Still, the relentless, insidious and secretive assaults on democracy that now permeate American culture may not be amenable to procedural solution.Gerald J. Postema of the University of North Carolina describes the current embattled climate in his June 2021 essay “Constitutional Norms — Erosion, Sabotage and Response”:The degradation has resulted not from apathy or indifference, but from hostile subversion of democratic institutions and the values that they seek to serve. The attack can be stealthy. Unlike their predecessors, contemporary aspiring authoritarians pay striking attention to the forms of law in their efforts to consolidate and entrench their power. They seek to preserve the constitutional frame while “hollowing out” its substantive content and the constraints on their power that it seeks to impose. They use various devices to achieve their anti-democratic aims. They use constitutional amendments or legislation when they can, mobilizing artificial legislative majorities or manipulating weakened courts. Often, however, the assault is less direct, if no less visible, attacking the soft underbelly of the constitutional order: the norm-governed practices that give the Constitution and institutions of government their solidity, stability and vitality.The erosion of democracy is now self-evidently a global phenomenon with exogenous and endogenous causes. A brief list from the Hague Journal of the Rule of Law gives the idea:Economic inequality; political polarization; cultural backlash against rapid social, moral and demographic change; the scapegoating of immigrants and minorities by political forces; the profound — and often negative — effects of technology on society and the political system; the rise of non-liberal alternative governance models viewed as successful …. The trend of democratic decay itself — and the means by which political and social forces are degrading liberal democracy — is rapidly changing, developing and spreading. We are trying to understand a global phenomenon as it envelops the world in real time.It’s a lot to ask voters to adjudicate everything on that list. So the question that remains is this: Is the Trump version of this phenomenon the worst we are going to get, or are there people watching and waiting in the wings who will make it much worse?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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    In Call Before Jan. 6 Riot, a Plea to ‘Descend on the Capitol’

    Days before Jan. 6, a onetime aide to Roger J. Stone Jr. told Trump backers to make lawmakers meeting to finalize the 2020 election results feel that “people are breathing down their necks.”One week before an angry mob stormed the Capitol, a communications expert named Jason Sullivan, a onetime aide to Roger J. Stone Jr., joined a conference call with a group of President Donald J. Trump’s supporters and made an urgent plea.After assuring his listeners that the 2020 election had been stolen, Mr. Sullivan told them that they had to go to Washington on Jan. 6, 2021 — the day that Congress was to meet to finalize the electoral count — and “descend on the Capitol,” according to a recording of the call obtained by The New York Times.While Mr. Sullivan claimed that he was “not inciting violence or any kind of riots,” he urged those on the call to make their presence felt at the Capitol in a way that would intimidate members of Congress, telling the group that they had to ensure that lawmakers inside the building “understand that people are breathing down their necks.”He also pledged that Mr. Trump was going to take action on his own; the president, he said, was going to impose a form of martial law on Jan. 6 and would not be leaving office.“Biden will never be in that White House,” Mr. Sullivan declared. “That’s my promise to each and every one of you.”Before Riot, Operative Urged Trump Supporters to ‘Descend on the Capitol’ on Jan. 6In a conference call days before the Jan. 6 attack, Jason Sullivan, a onetime aide to Roger J. Stone Jr., exhorted supporters of President Donald J. Trump to go to the Capitol that day and pressure lawmakers meeting to finalize the 2020 election results.The recording of the call, which took place on Dec. 30, 2020, emerged as the Justice Department has expanded its criminal investigation of the Capitol attack. It offers a glimpse of the planning that went on in the run-up to the storming of the Capitol and the mind-set of some of those who zeroed in on Jan. 6 as a kind of last stand for keeping Mr. Trump in office.It also reflects the complexities that federal prosecutors are likely to face as they begin the task of figuring out how much — or even whether — people involved in the political rallies that preceded the assault can be held accountable for the violence that erupted.After more than a year of focusing exclusively on rioters who took part in the storming of the Capitol, prosecutors have widened their gaze in recent weeks and have started to question whether those involved in encouraging protests — like the one that Mr. Sullivan was describing — can be held culpable for disrupting the work of Congress.Mr. Sullivan’s remarks during the call appeared to be an effort to motivate a group of people aggrieved by the election to take direct action against members of Congress on Jan. 6, presaging what Mr. Trump himself would say in a speech that day. While it remains unclear whether anyone on Mr. Sullivan’s call went on to join the mob that breached the Capitol, he seemed to be exhorting his listeners to apply unusual pressure on lawmakers just as they were overseeing the final count of Electoral College votes.In a statement provided by his lawyer, Mr. Sullivan played down the nature of the call, saying he had merely “shared some encouragement” with what he described as “people who all felt their votes had been disenfranchised in the 2020 elections.” Mr. Sullivan said he had been asked to participate in the call by a group of anti-vaccine activists — or what he called “health freedom advocate moms” — who were hosting “a small, permitted event” at the Capitol on Jan. 6.“I only promoted peaceful solutions where Americans could raise their voices and be heard as expressed in our First Amendment,” Mr. Sullivan said in the statement. “I in no way condone the violence of any protesters.”Still, in the recording of the call, Mr. Sullivan can be heard telling his listeners that the lawmakers inside the Capitol “need to feel pressure.”“If we make the people inside that building sweat and they understand that they may not be able to walk in the streets any longer if they do the wrong thing, then maybe they’ll do the right thing,” he said. “We have to put that pressure there.”As the Justice Department widens its inquiry, federal prosecutors are using a grand jury in Washington to gather information on political organizers, speakers and so-called V.I.P.s connected to a series of pro-Trump rallies after the 2020 election. One prominent planner of those rallies, Ali Alexander, received a subpoena from the grand jury and said last week that he intended to comply with its requests.In the run-up to Jan. 6, Mr. Alexander publicly discussed a pressure campaign against lawmakers that was meant to stop the final electoral count, saying he was working with Representative Mo Brooks of Alabama and Representatives Andy Biggs and Paul Gosar of Arizona, all Republicans.“We four schemed up of putting maximum pressure on Congress while they were voting,” Mr. Alexander said in a since-deleted video on Periscope. The plan, he said, was to “change the hearts and the minds of Republicans who were in that body, hearing our loud roar from outside.”It is unclear if the Justice Department is aware of Mr. Sullivan’s conference call; the department declined to comment. The House committee investigating the events of Jan. 6 was provided with a copy of the recording some months ago by the woman who made it, Staci Burk, a law student and Republican activist from Arizona.Shortly after the election, Ms. Burk became convinced that phony ballots had been flown in bulk into Phoenix Sky Harbor International Airport. She eventually submitted an anonymous affidavit concerning the ballots in an election fraud case filed in Federal District Court in Phoenix by the pro-Trump lawyer Sidney Powell.Capitol Riot’s Aftermath: New DevelopmentsCard 1 of 5Debating a criminal referral. More

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    Jan. 6 Panel Has Evidence for Criminal Referral of Trump, but Splits on Sending

    Despite concluding that it has enough evidence, the committee is concerned that making a referral to the Justice Department would backfire by politicizing the investigation into the Capitol riot.WASHINGTON — The leaders of the House committee investigating the Capitol attack have grown divided over whether to make a criminal referral to the Justice Department of former President Donald J. Trump, even though they have concluded that they have enough evidence to do so, people involved in the discussions said.The debate centers on whether making a referral — a largely symbolic act — would backfire by politically tainting the Justice Department’s expanding investigation into the Jan. 6 assault and what led up to it.Since last summer, a team of former federal prosecutors working for the committee has focused on documenting the attack and the preceding efforts by Mr. Trump and his allies to reverse his defeat in the 2020 election. The panel plans to issue a detailed report on its findings, but in recent months it has regularly signaled that it was also weighing a criminal referral that would pressure Attorney General Merrick B. Garland to open a criminal investigation into Mr. Trump.But now, with the Justice Department appearing to ramp up a wide-ranging investigation, some Democrats are questioning whether there is any need to make a referral — and whether doing so would saddle a criminal case with further partisan baggage at a time when Mr. Trump is openly flirting with running again in 2024.A federal judge found that it was “more likely than not” that President Donald J. Trump had committed crimes in his efforts to derail the certification of the 2020 election.Brittany Greeson for The New York TimesThe shift in the committee’s perspective on making a referral was prompted in part by a ruling two weeks ago by Judge David O. Carter of the Federal District Court for Central California. Deciding a civil case in which the committee had sought access to more than 100 emails written by John C. Eastman, a lawyer who advised Mr. Trump on efforts to derail certification of the Electoral College outcome, Judge Carter found that it was “more likely than not” that Mr. Trump and Mr. Eastman had committed federal crimes.The ruling led some committee and staff members to argue that even though they felt they had amassed enough evidence to justify calling for a prosecution for obstructing a congressional proceeding and conspiring to defraud the American people, the judge’s decision would carry far greater weight with Mr. Garland than any referral letter they could write, according to people with knowledge of the conversations.The members and aides who were reluctant to support a referral contended that making one would create the appearance that Mr. Garland was investigating Mr. Trump at the behest of a Democratic Congress and that if the committee could avoid that perception it should, the people said.Even if the final report does not include a specific referral letter to Mr. Garland, the findings would still provide federal prosecutors with the evidence the committee uncovered — including some that has not yet become public — that could be used as a road map for any prosecution, the people said.Attorney General Merrick B. Garland has given no public indication of the Justice Department’s intentions other than to say that it will follow the facts and the law. Yuri Gripas for The New York Times“If you read his decision, I think it’s quite telling,” Representative Zoe Lofgren, Democrat of California and a member of the committee said of Judge Carter’s ruling. “He and we have reviewed a huge amount of documents, and he reached a conclusion that he outlined in very stark terms.”Ms. Lofgren is among those who believe a referral letter to the Justice Department is superfluous, since it would carry no legal weight.“Maybe we will, maybe we won’t,” she said of a referral. “It doesn’t have a legal impact.”But the question about whether to send the referral has, for one of the first times since the committee was formed in July, exposed differences among members about the panel’s mission.Representative Elaine Luria, Democrat of Virginia and a member of the panel, said that the committee should still send a referral for any crimes it uncovers.Representatives Jamie Raskin of Maryland and Elaine Luria of Virginia, Democratic members of the Jan. 6 committee, at the Capitol last month. Ms. Luria said that the committee should send a referral for any crimes it uncovers.J. Scott Applewhite/Associated Press“I would say that I don’t agree with what some of my colleagues have said about this,” Ms. Luria said on MSNBC this month. “I think it’s a lot more important to do what’s right than it is to worry about the political ramifications. This committee, our purpose is legislative and oversight, but if in the course of our investigation we find that criminal activity has occurred, I think it’s our responsibility to refer that to the Department of Justice.”Although staff members have been in discussions about a referral, and some have debated the matter publicly, the committee members have not sat down together to discuss whether to proceed with a referral, several lawmakers said.Representative Pete Aguilar, Democrat of California, said the committee was likely to hold off on making a final determination until investigators finished their work. He said the panel was “finishing up” its investigative phase and shifting to a more “public-facing” one in which the panel will present its findings.“The members haven’t had those conversations,” Mr. Aguilar said of a meeting to discuss a potential referral. “Right now, we’re gathering the material that we need. As the investigative phase winds down, we’ll have more conversations about what the report looks like. But we’re not presupposing where that’s going to go before we get a little further with the interviews.”Although the committee has the ability to subpoena testimony and documents and make referrals to the Justice Department for prosecutions, it has no criminal prosecution powers.The committee’s vice chairwoman, Representative Liz Cheney, Republican of Wyoming, singled out Mr. Trump’s conduct at a public hearing in December, reading from the criminal code and laying out how she believed he had obstructed Congress. In early March, the committee in effect road-tested whether the evidence it had gathered could support a prosecution, laying out in a filing in the civil case before Judge Carter its position that Mr. Trump and Mr. Eastman had obstructed Congress and defrauded the American public.In validating the committee’s position, legal experts said, the judge made it difficult for the Justice Department to avoid an investigation. Mr. Garland has given no public indication of the department’s intentions other than to say that it will follow the facts and the law. But subpoenas issued by a federal grand jury indicate that prosecutors are gathering information about a wide array of issues, including about efforts to obstruct the election certification by people in the Trump White House and in Congress.Investigators from the House committee and the Justice Department have not been sharing information, except to avoid conflicts around the scheduling of certain witnesses.Representative Pete Aguilar, Democrat of California, has said that the committee is “finishing up” its investigative phase.Oliver Contreras for The New York Times“We want them to move faster, but we respect their work,” Mr. Aguilar said, adding that the committee has a different goal the Justice Department’s inquiry: to fully investigate what led to the riot, which injured more than 150 police officers, and take legislative steps to prevent a repeat. “It’s an insult to the lives of the Capitol Police officers if we don’t pursue what happened and take meaningful and concrete steps to ensure that it doesn’t happen again.”Capitol Riot’s Aftermath: New DevelopmentsCard 1 of 6A Trump ally agrees to cooperate. 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    Trump endorses Dr. Oz in Pennsylvania Senate race

    The former president threw his weight behind the celebrity doctor, who is running for the Republican nomination for senator in a key state.Wading into a tight Republican Senate primary in Pennsylvania, former President Donald J. Trump endorsed Mehmet Oz on Saturday, throwing his weight behind the former star of “The Dr. Oz Show,” who has been attacked by rivals as a closet liberal. Dr. Oz’s celebrity appears to have been a deciding factor for the former president, whose own political career was grounded in reality television.“I have known Dr. Oz for many years, as have many others, even if only through his very successful television show,” Mr. Trump said in an announcement, upstaging a rally he was holding at the same time in North Carolina, where his endorsement of Representative Ted Budd in a tight Republican Senate race is also considered crucial.“He has lived with us through the screen and has always been popular, respected and smart,” Mr. Trump added. He cited an appearance he had made on Dr. Oz’s daytime television show in the thick of the 2016 presidential race, when Mr. Trump showed partial results of a physical. “He even said that I was in extraordinary health,” Mr. Trump said, “which made me like him even more (although he also said I should lose a couple of pounds!).”The former president also emphasized Dr. Oz’s electability, citing his appeal to women because of his daytime TV show. Women “are drawn to Dr. Oz for his advice and counsel,” Mr. Trump said, adding: “I have seen this many times over the years. They know him, believe in him and trust him.” Mr. Trump predicted that Dr. Oz would do “very well” in Philadelphia and Pittsburgh, which are Democratic strongholds.A wealthy first-time candidate, Dr. Oz is in a bitter, high-priced battle with another superwealthy rival for the G.O.P. nomination, David McCormick, a former chief executive of the world’s largest hedge fund. Both candidates have ardently sought Mr. Trump’s endorsement, both personally and through surrogates, as they have awkwardly remade themselves from middle-of-the-road, establishment Republicans to appeal to Mr. Trump’s hard-right base. Dr. Oz welcomed the endorsement in a statement that said, “President Trump wisely endorsed me because I’m a conservative who will stand up to Joe Biden and the woke left.”A poll last week by Emerson College and The Hill found a virtual tie between the two candidates among very likely primary voters, with Mr. McCormick at 18 percent, Dr. Oz at 17 percent and 33 percent undecided.In North Carolina, Mr. Trump repeated his endorsement of Dr. Oz, likening his long television run as proof of political viability. “When you’re in television for 18 years, that’s like a poll.’‘ Mr. Trump said of Dr. Oz, whose show ended a 12-year run in January. “That means people like you.”The Pennsylvania race, to fill the seat of the retiring Senator Pat Toomey, a Republican, is widely seen as one of the most crucial in both parties’ efforts to win control of the Senate in this year’s midterm elections. Democrats have a hard-fought primary of their own, featuring most prominently Lt. Gov. John Fetterman and Representative Conor Lamb.After Mr. Trump’s endorsement, Mr. McCormick’s top strategist, Jeff Roe, tweeted that Mr. McCormick “is going to be the next Senator” from Pennsylvania. Jacob Flannick contributed reporting. More

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    Donald Trump Jr. Text Laid Out Strategies to Fight Election Outcome

    In a message two days after Election Day 2020, the president’s son conveyed a range of ideas for keeping his father in office.Former President Donald J. Trump’s eldest son sent the White House chief of staff a text message two days after Election Day in 2020 that laid out strategies for declaring his father the winner regardless of the electoral outcome, people familiar with the exchange said on Friday.The text, which was reported earlier by CNN, was sent two days before Joseph R. Biden Jr. was declared the winner of the election. The recipient, Mark Meadows, turned a cache of his text messages over to the House committee investigating the events leading up to the deadly riot at the Capitol on Jan. 6, 2021, as the Electoral College results in Mr. Biden’s favor were being certified.“It’s very simple,” Donald Trump Jr. wrote to Mr. Meadows on Nov. 5, 2020. He wrote at another point, “We have multiple paths We control them all.”The message went on to lay out a variety of options that Mr. Trump or his allies ultimately employed in trying to overturn the results of the election, from legal challenges to promoting alternative slates of electors to focusing efforts on the statutory date of Jan. 6 for certification of the Electoral College results.In a statement, the younger Mr. Trump’s lawyer, Alan Futerfas, confirmed that the text message was sent but suggested it was someone else’s idea that Donald Trump Jr. was passing along.“After the election, Don received numerous messages from supporters and others,” Mr. Futerfas said. “Given the date, this message likely originated from someone else and was forwarded.”Still, the text message underscores the extraordinary lengths that Mr. Trump’s allies and official aides were already exploring right after Election Day to keep Mr. Trump in power if the voters throughout the country failed to do so.Donald Trump Jr. and his brother Eric called on Republicans to keep fighting on their father’s behalf in the immediate aftermath of Election Day, as votes were still being counted in a string of close races in battleground states like Pennsylvania and Arizona.“The total lack of action from virtually all of the ‘2024 GOP hopefuls’ is pretty amazing,” Donald Jr. wrote on Twitter the same day he sent the text to Mr. Meadows. “They have a perfect platform to show that they’re willing & able to fight but they will cower to the media mob instead. Don’t worry @realDonaldTrump will fight & they can watch as usual!”The House committee is investigating what led to the assault on the Capitol and the various efforts to try to thwart Mr. Biden’s victory, all of which failed. Ultimately, a mob of supporters of Mr. Trump stormed the Capitol during the certification. At least seven people died in connection with the riot.Capitol Riot’s Aftermath: New DevelopmentsCard 1 of 5The effort to disqualify “insurrectionists.” More