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    Democratic Group Says Trump Is Breaking Campaign Law by Not Declaring for 2024

    The complaint to the Federal Election Commission accuses Donald Trump of improperly using his existing political committees to advance a presidential run.A Democratic super PAC said it is filing a formal complaint with the Federal Election Commission on Monday accusing Donald J. Trump of violating campaign finance law by spending political funds on a 2024 presidential bid without formally declaring himself a candidate.The complaint uses Mr. Trump’s own words about a 2024 run — “I know what I’m going to do, but we’re not supposed to be talking about it yet from the standpoint of campaign finance laws,” he said in the fall — to accuse him of improperly using his existing political committees to advance a presidential run.Federal rules require those who raise or spend more than $5,000 in support of a presidential campaign to register with the Federal Election Commission.Mr. Trump has repeatedly teased that he plans to run for president again, saying at the Conservative Political Action Conference last month, “We did it twice and we’ll do it again.” But though he formally filed for re-election the day of his inauguration in 2017, Mr. Trump has not done so for 2024. Such a filing would set off restrictions on how he could raise and spend campaign money, including his existing war chest.Trump-controlled committees entered 2022 with $122 million in the bank — far more than the Republican Party itself.How Donald J. Trump Still LoomsGrip on G.O.P.: Mr. Trump remains the most powerful figure in the Republican Party. However, there are signs his control is loosening.Power Struggle: Led by Senator Mitch McConnell, a band of anti-Trump Republicans is maneuvering to thwart the ex-president.Midterms Effect: Mr. Trump has become a party kingmaker, but his involvement in state races worries many Republicans.Post-Presidency Profits: Mr. Trump is melding business with politics, capitalizing for personal gain.Just the Beginning: For many Trump supporters who marched on Jan. 6, the day was not a disgraced insurrection but the start of a movement.“He should have to adhere to the law in a way that all other candidates do,” said Jessica Floyd, the president of American Bridge, the Democratic group that is filing the complaint. “When he says ‘I’m going to do it a third time,’ that’s not flirting. That’s more than a toe dip.”Ms. Floyd noted that Mr. Trump’s citations of campaign law show clear intentions to evade the existing rules. “It’s not like he doesn’t know what he’s doing,” she said.Taylor Budowich, a spokesman for Mr. Trump, called the complaint frivolous.“America is spiraling into disaster because of the Democrats’ failures, and instead of reversing course, they are busy filing frivolous complaints that have zero merit,” he said.Mr. Trump told the Fox News host Sean Hannity in July 2021 that he had made up his mind about another White House bid. A month later, he said on Fox News again that it was “unbelievably stupid” campaign finance laws that prevented him from directly stating his intentions.“Let me put it this way: I think you’ll be happy, and I think that a lot of our friends will be very happy. But I’m not actually allowed to answer it,” Mr. Trump said then. “It makes it very difficult if I do.”Nothing legally bars Mr. Trump from declaring he is running for president. But he would be subject to additional fund-raising limits and disclosure requirements if he did so.Once a politician has decided to run for federal office and begun fund-raising, the person is supposed to file paperwork declaring the candidacy. There is also an interim step for those who are “testing the waters” of a run. The American Bridge complaint says Mr. Trump has crossed both thresholds, though the line is notoriously blurry.For now, Mr. Trump’s main PAC, called Save America, is registered as a committee that can spend on behalf of others, and the PAC did give away $350,000 to other candidates in 2021, though that sum is far less than the amount the PAC has spent on Mr. Trump’s own properties.The complaint would appear unlikely to generate any crackdown by the Federal Election Commission, which is equally divided between commissioners aligned with the Democratic and Republican parties, and often deadlocks on contentious matters. The watchdog agency’s investigations process is also notoriously slow. A complaint to the commission related to the pre-candidacy activities of Jeb Bush, who announced his run for president in 2015, was still in court as recently as December 2021. More

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    How Likely Is Another Civil War?

    More from our inbox:Listen to Asian American VotersA Double Standard for Supreme Court NomineesHelping Students Fight DisinformationCovid’s Origins, and the Animal-Human LinkMr. Biden, Reach the HeartlandAt the Georgia State Capitol, demonstrating against the inauguration of President Biden on Jan. 20, 2021.Joshua Rashaad McFadden for The New York TimesTo the Editor:Jamelle Bouie starts out by documenting the public feeling that the United States is indeed facing a second civil war. But he takes a wrong turn by suggesting that this conflict will not happen because today’s conditions do not mirror those of our 19th-century version (“Why We Are Not Facing the Prospect of a Second Civil War,” column, Feb. 17).However, we are in a very precarious position. Large portions of our population have adopted an antigovernment position, fueled by our former president and his minions. Racism is now out in the open, as evidenced by the rantings of anti-diversity proponents in raucous school board meetings throughout the country. The country is more armed than ever, and thousands of these citizens belong to organized militia.We learn more details every day about how close we came last year to a coup engineered by the former president. Too many elected officials no longer display commitment to our democratic principles. The organized campaign of disinformation that is destroying our country is buttressed every day by extreme-right media outlets and commentators.Contrary to Mr. Bouie’s piece, there is a serious risk that we will lose this precious experiment called American democracy. Yet there is still a modicum of hope it can be averted. But that will require that we all take responsibility by speaking up for our Republic.James MartoranoYorktown Heights, N.Y.To the Editor:The plot to kidnap the governor of Michigan, the Jan. 6 assault on the Capitol to overturn the results of the 2020 election and the continuing trumpeting of the lie that the election was stolen approach the criterion that Jamelle Bouie sets for a second civil war: “irreconcilable social and economic interests of opposing groups within the society.”In her book “How Civil Wars Start: And How to Stop Them,” Barbara F. Walter, a professor of political science at the University of California San Diego, states that, according to the polity index score, which places countries on a scale from fully autocratic (-10) to fully democratic (+10), the United States is now a +5, which makes us an “anocracy,” a country that is moving from a democracy to an authoritarian regime.In just five years, we went from +10 to +5! “A partial democracy,” writes Ms. Walter, “is three times as likely to experience civil war as a full democracy.”Now is the time to strengthen our democracy to avert another civil war.Allen J. DavisDublin, N.H.Listen to Asian American Voters  Doris LiouTo the Editor:Re “Will Asian Americans Desert Democrats?,” by Thomas B. Edsall (Opinion guest essay, Sunday Review, March 6):Mr. Edsall’s essay ponders whether Asian Americans are bolting from the Democratic Party, using isolated examples of Chinese American voters swaying recent races in two major cities, New York and San Francisco. However, his claim that this is evidence of Asian Americans moving to the right is a flawed analysis.First, these were complicated elections that cannot be boiled down to one or two issues. Second, how Chinese Americans voted in two cities cannot represent the political preferences of Asian Americans everywhere — just as the fact that Asian Americans helped flip historically Republican-held Senate seats in Georgia and Arizona does not necessarily mean Asian Americans are moving left nationwide.Although not often reported in media analyses, our Asian American Voter Survey polling data includes Asian American suburban moms, college- and non-college-educated, rich and poor, and a wide range of ethnic identities across all 50 states. One would not say the trends of white voters in Little Rock tell the story of white voters everywhere. This should not be done with Asian American voters either.To understand the future of our communities’ votes, one must look at who is listening, engaging and working on our behalf. Parties and political candidates who can do this the most effectively are more likely to win our vote; it’s as simple as that.Christine ChenWashingtonThe writer is executive director of Asian and Pacific Islander American Vote.A Double Standard for Supreme Court Nominees  Erin Schaff/The New York TimesTo the Editor:Re “Another Working Mother for the Supreme Court” (Opinion guest essay, March 8):Melissa Murray opines that, at her confirmation hearings, Judge Ketanji Brown Jackson’s status as a “working mother” might be for her a selling point among conservative senators, just as it had factored into their support of Justice Amy Coney Barrett at her hearings.Funny, I don’t recall any prospective male justices ever being asked about whether their status as “working fathers” might affect their abilities and opinions. Republicans clearly did not deem it relevant to find out if a nominee was a superdad — whether he could do laundry, help kids with homework and work outside the home, all at the same time!Lori Pearson WiseWinter Park, Fla.Helping Students Fight Disinformation  Alberto MirandaTo the Editor:Re “Combating Disinformation Can Feel Like a Lost Cause. It Isn’t,” by Jay Caspian Kang (Opinion, March 9):It is no revelation to me, a retired middle- and upper-school librarian, that students in lower-income environments and underfunded public schools do not register well on media literacy tests.The hiring of professional, credentialed librarians in these schools is often postponed and neglected in order to hire more subject-matter teachers to decrease class sizes, leaving no one with the training and skill sets to introduce these important literacy tools.It is a disservice to these vulnerable students not to provide a curriculum that addresses this gaping hole in their education.Sandra MooreTownship of Washington, N.J.Covid’s Origins, and the Animal-Human Link  Getty ImagesTo the Editor:Re “Pair of Studies Say Covid Originated in Wuhan Market” (news article, Feb. 28):As we enter the third year of the pandemic, it is becoming increasingly clear that we may never know the full and exact details of the emergence of SARS-CoV-2 in humans.Even as experts continue to uncover connections to the market in Wuhan, China, the spillover story may only remain a partial narrative, veiled by insufficient data. This is an uncertainty, like so many other unknowns on a shifting planet undergoing climate change, to which we must adapt.The one certainty we can rely on, however, is the inextricable link between humans and animals. From hunter-gathering to the industrial livestock production model, our relationships with animals cannot be unbound. What’s more, we’ve progressively dominated species and their habitats with dire consequences. This certainty is highlighted by the pandemic through which we are all living today.So, it’s time to start talking about our health differently. Public health does not exist in isolation from other beings. It’s time to become comfortable talking about public health as planetary health.Perhaps normalizing this discourse might have us, as a global community, face the destruction of natural habitats as the destruction of global human health. Perhaps it might have us cultivate a different type of care, a reciprocal care that might stand to benefit us all.Christine YanagawaVancouver, British ColumbiaMr. Biden, Reach the Heartland Ryan Peltier To the Editor:Re “What the Democrats Need to Do,” by Michael Kazin (Opinion guest essay, Sunday Review, Feb. 27):Mr. Kazin is right that President Biden could be more forceful in pushing for the stalled Build Back Better bill and the Protecting the Right to Organize Act.But the president needs to go beyond that and directly address the rural populace. He needs to tour the outposts of the heartland, the Rust Belt, the rural West and the South, bringing a message that Democrats have compassion for all Americans and that Democratic policies will make their lives better.We need to see more of the ol’ Empathetic Joe. The difference between a mountebank like Donald Trump and Joe Biden is that Mr. Biden can actually stand behind his promises to make America better — for all of us.Luc NadeauLongmont, Colo. More

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    In South Carolina, Nikki Haley Finds Some Distance from Trump

    Nikki Haley, the former United Nations ambassador, used a well-timed endorsement of Representative Nancy Mace to get on the opposite side of the former president.WASHINGTON — Rumors were swirling in South Carolina early this February that Donald J. Trump would try to tear down a Republican congresswoman who had incurred his wrath.Then Nikki Haley, his former United Nations ambassador and South Carolina’s former governor, made her move.On Feb. 7, Ms. Haley endorsed the congresswoman, Representative Nancy Mace, jumping ahead of Mr. Trump, who backed Ms. Mace’s rival two days later. The timing of Ms. Haley’s move was widely viewed as deliberate — allowing her to exert her influence in the race without directly challenging Mr. Trump’s judgment.“Nikki’s very smart — it’d never occur to me that she doesn’t know exactly what she’s doing,” said South Carolina’s treasurer, Curtis Loftis. “If the political winds change for President Trump, she’s prepared to be there, and this is part of that.”Mr. Trump will be in Florence, S.C., on Saturday to rally his faithful behind Ms. Mace’s primary challenger, Katie Arrington, and another pro-Trump Republican, Russell Fry, who is challenging Representative Tom Rice, one of 10 Republicans who voted to impeach the former president for inciting the Jan. 6 attack on the Capitol. Mr. Fry and Ms. Arrington will share the stage, along with several conservative luminaries, including Gov. Henry McMaster of South Carolina and Drew McKissick, the state’s Republican Party chairman. Ms. Haley will not be there.To Republicans in the state, Ms. Haley is playing a shrewd and careful game by seeming to distance herself from Mr. Trump and yet continuing to embrace him at the same time.Just after the attack on the Capitol last year, Ms. Haley pronounced herself “disgusted” with her former boss, but since then, she has been trying to get back in his good graces. She has been appearing on television to say that the Russian president, Vladimir V. Putin, would have never invaded Ukraine if Mr. Trump were still president. She has endorsed and raised funds for many pro-Trump candidates, while staying out of some of the races where he has endorsed challengers.How Donald J. Trump Still LoomsGrip on G.O.P.: Mr. Trump remains the most powerful figure in the Republican Party. However, there are signs his control is loosening.Power Struggle: Led by Senator Mitch McConnell, a band of anti-Trump Republicans is maneuvering to thwart the ex-president.Midterms Effect: Mr. Trump has become a party kingmaker, but his involvement in state races worries many Republicans.Post-Presidency Profits: Mr. Trump is melding business with politics, capitalizing for personal gain.Just the Beginning: For many Trump supporters who marched on Jan. 6, the day was not a disgraced insurrection but the start of a movement.But in the case of Ms. Mace, backing her early on was a way for Ms. Haley to get on the right side of Republican politics in her home state, in case Mr. Trump’s endorsements falter — and he falters with them. In South Carolina, where the former governor remains popular, the state’s early primary has often been decisive to presidential nominations; Ms. Haley and other Republicans in Mr. Trump’s shadow are positioning for possible presidential bids in 2024.“South Carolina is a hugely influential political state,” said Matt Moore, a Republican campaign consultant and former party chairman in the state. “The stakes are high, and the foundations are being set for the next decade. You want to have folks on your team.”In her first speech in Congress, Representative Nancy Mace said the House needed to “hold the president accountable” for the Capitol attack on Jan. 6, 2021, but she voted against Mr. Trump’s impeachment.Stefani Reynolds for The New York TimesMs. Haley declined to be interviewed. But her aides said her endorsement of Ms. Mace had nothing to do with rumors of a pending endorsement for Ms. Arrington from Mr. Trump.“Ambassador Haley’s endorsement of Congresswoman Mace was based entirely on her record as a tough-as-nails conservative on national security, the border, law enforcement and opposing mandates on our kids,” Chaney Denton, a Haley spokeswoman, said.Ms. Haley is not shying away now. She headlined a fund-raiser Friday afternoon for Ms. Mace at The Harbour Club in Charleston, S.C., that raised around $300,000 as Mr. Trump’s forces gathered upstate.“Jumping in the middle of this and holding a fund-raiser when President Trump is coming down here? That isn’t keeping your powder dry. That’s loading up your gun,” said Katon Dawson, a former Republican Party chairman in South Carolina.Mr. Trump has endorsed only eight Republican challengers to sitting House Republicans, and two of them are in South Carolina. Ms. Mace, a freshman who made her name as the first female cadet to graduate from The Citadel, a military college in Charleston, is unlike most of Mr. Trump’s incumbent targets.In her first speech in Congress in January 2021, Ms. Mace said the House needed to “hold the president accountable” for the Capitol attack, but she voted against his impeachment. She also opposed the creation of a bipartisan commission to investigate the attack, another vote that Mr. Trump has used to determine his endorsements.But Ms. Mace has been steadfast in saying that Mr. Trump lost the 2020 election. When he endorsed Ms. Arrington, Mr. Trump declared Ms. Mace “an absolutely terrible candidate” whose “remarks and attitude have been devastating for her community, and not at all representative of the Republican Party to which she has been very disloyal.”Representative Katie Arrington beat then-Representative Mark Sanford in the 2018 Republican primary, after she ran with Mr. Trump’s endorsement.Kathryn Ziesig/The Post And Courier, via Associated PressRussell Fry, a state representative, is challenging U.S. Representative Tom Rice, one of the few Republicans who voted to impeach Donald J. Trump. Mr. Trump is backing Mr. Fry in the primary.Jeffrey Collins/Associated PressMs. Mace then appeared in front of Trump Tower in Manhattan to praise the former president’s record and policies, saying, “If you want to lose this seat once again in a midterm election cycle to Democrats, then my opponent is more than qualified to do just that.”Mr. Trump will not be assuaged. On Friday, he said in a statement he “will be honoring Katie Arrington, who is running against the absolutely horrendous Nancy Mace,” predicting “big crowds at the Florence Regional Airport.”Ms. Mace, though, might have a point. In 2018, Ms. Arrington beat then-Representative Mark Sanford in the Republican primary after he emerged as one of the few anti-Trump Republicans in Congress. But Ms. Arrington then lost to a Democrat, Joe Cunningham. In 2020, Mr. Cunningham then lost to Ms. Mace.Further complicating matters, Ms. Arrington, the chief information security officer for acquisition and sustainment at the Department of Defense, was placed on leave last June over a suspected leak of classified information from the National Security Agency, a situation that has not gone unnoticed by Ms. Mace’s campaign.Republican officials in South Carolina said Ms. Arrington may have tipped Ms. Haley off about jumping into the primary race. Ms. Arrington was among a small group of South Carolina Republicans who visited Mr. Trump at Mar-a-Lago the weekend of Feb. 5. When she heard he was going to endorse Mr. Fry, she began letting Republicans know widely that she, too, would be entering a race, with Mr. Trump’s endorsement.Ms. Haley endorsed Ms. Mace on Feb. 7. Ms. Arrington announced her primary challenge on Feb. 8. Mr. Trump endorsed Ms. Arrington on Feb. 9.Ms. Haley is no Trump foe. Most of her endorsements have gone to Trump-favored candidates. She endorsed on Thursday the re-election of Senator Ron Johnson, Republican of Wisconsin, and cut a fund-raising video with Herschel Walker, the former football star recruited by Mr. Trump to run for the Senate in Georgia.She pointedly has not endorsed Mr. Rice for re-election. Mr. Dawson, the former state party chairman, said Ms. Haley’s campaigning for Mr. Rice in 2012 made all the difference in his victory over the former lieutenant governor, André Bauer, in the Republican primary. But Mr. Rice’s district on the North Carolina border is far more Trump country than Ms. Mace’s affluent, highly educated district that touches Charleston and hugs the Lowcountry coast.Ms. Arrington is still talking confidently.“The Lowcountry wants a pro-Trump America First conservative to represent them,” her spokesman, Chris D’Anna, said. “Nancy knows that, indicated by her tucking her tail between her legs as she flew to New York City to shoot an apology video in front of Trump Tower.”Austin McCubbin, Ms. Mace’s campaign manager, responded, “Our opponent has proven two things — she’s the only Republican to lose this district in 40 years, and she will say just about anything.”Mr. Sanford, the former congressman whom Ms. Arrington defeated in 2018, said Ms. Haley had nothing to lose. Once Ms. Haley expressed her anger over Jan. 6, she would never get back in his good graces, he said, speaking from experience.“There’s really no way forward for her,” Mr. Sanford said of Ms. Haley. “Trump is a guy who holds decided grudges and doesn’t let them go. She doesn’t want to do anything to alienate his base, but where she can find things that appeal to that mass of Republicans that don’t feel they have a home, she’ll grab it.” More

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    Judge Will Review Lawyer’s Emails Sought by Jan. 6 Panel

    A federal judge said he would decide whether emails to and from John Eastman should be released to the House committee investigating the attack on the Capitol.WASHINGTON — A federal judge said on Wednesday that he would review 111 emails that the lawyer John Eastman, an ally of former President Donald J. Trump, is attempting to keep from the House committee investigating the Jan. 6 Capitol attack, as the panel works to force the release of documents from lawyers involved in plans to overturn the 2020 election.Judge David O. Carter, of the United States District Court for the Central District of California, said in an order that he would review emails Mr. Eastman had sent and received between Jan. 4 and Jan. 7 of last year as he decides whether to release them to the committee.Judge Carter made no mention of the committee’s most explosive argument in the case: that Mr. Eastman’s emails are not protected by attorney-client privilege because they were part of a criminal conspiracy.“Ultimately, the court will issue a written decision including its full analysis and its final determination of which, if any, documents must be disclosed to the Select Committee,” the judge wrote.The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among the group of lawyers working on behalf of Mr. Trump was Mr. Eastman, who the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Before the attack on the Capitol, Mr. Eastman wrote a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman privately conceded that the maneuver was likely illegal, the committee said.The arguments were prompted by a suit Mr. Eastman had filed against the committee, attempting to block its subpoena. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Charles Burnham, Mr. Eastman’s lawyer, argued that neither Mr. Eastman nor Mr. Trump had committed a crime because they genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false — as they worked to try to keep Mr. Trump in power.The judge’s decision came as two more lawsuits were filed against the committee, bringing to at least 21 the total of potential witnesses or organizations who have sued to trying to block the panel’s efforts to collect information from or about them.One suit, filed by former Trump adviser Stephen Miller, sought to block the committee from accessing his phone records, arguing in part that the panel is invading his parents’ privacy since he is on their family plan.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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    Republicans Wrongly Blame Biden for Rising Gas Prices

    They have pointed to the Biden administration’s policies on the Keystone XL pipeline and certain oil and gas leases, which have had little impact on prices.WASHINGTON — As gas prices hit a high this week, top Republican lawmakers took to the airwaves and the floors of Congress with misleading claims that pinned the blame on President Biden and his energy policies.Mr. Biden warned that his ban on imports of Russian oil, gas and coal, announced on Tuesday as a response to Russia’s invasion of Ukraine, would cause gas prices to rise further. High costs are expected to last as long as the confrontation does.While Republican lawmakers supported the ban, they asserted that the pain at the pump long preceded the war in Ukraine. Gas price hikes, they said, were the result of Mr. Biden’s cancellation of the Keystone XL pipeline, the temporary halt on new drilling leases on public lands and the surrendering of “energy independence” — all incorrect assertions.Here’s a fact check of their claims.What Was Said“This administration wants to ramp up energy imports from Iran and Venezuela. That is the world’s largest state sponsor of terror and a thuggish South America dictator, respectively. They would rather buy from these people than buy from Texas, Alaska and Pennsylvania.”— Senator Mitch McConnell, Republican of Kentucky and the minority leader, in a speech on Tuesday“Democrats want to blame surging prices on Russia. But the truth is, their out-of-touch policies are why we are here in the first place. Remember what happened on Day 1 with one-party rule? The president canceled the Keystone pipeline, and then he stopped new oil and gas leases on federal lands and waters.”— Representative Kevin McCarthy, Republican of California and the minority leader, in a speech on Tuesday“In the four years of the Trump-Pence administration, we achieved energy independence for the first time in 70 years. We were a net exporter of energy. But from very early on, with killing the Keystone pipeline, taking federal lands off the list for exploration, sidelining leases for oil and natural gas — once again, before Ukraine ever happened, we saw rising gasoline prices.”— Former Vice President Mike Pence in an interview on Fox Business on TuesdayThese claims are misleading. The primary reason for rising gas prices over the past year is the coronavirus pandemic and its disruptions to global supply and demand.“Covid changed the game, not President Biden,” said Patrick De Haan, the head of petroleum analysis for GasBuddy, which tracks gasoline prices. “U.S. oil production fell in the last eight months of President Trump’s tenure. Is that his fault? No.”“The pandemic brought us to our knees,” Mr. De Haan added.In the early months of 2020, when the virus took hold, demand for oil dried up and prices plummeted, with the benchmark price for crude oil in the United States falling to negative $37.63 that April. In response, producers in the United States and around the world began decreasing output.As pandemic restrictions loosened worldwide and economies recovered, demand outpaced supply. That was “mostly attributable” to the decision by OPEC Plus, an alliance of oil-producing countries that controls about half the world’s supply, to limit increases in production, according to the U.S. Energy Information Administration. Domestic production also remains below prepandemic levels, as capital spending declined and investors remained reluctant to provide financing to the oil industry.Russia’s invasion of Ukraine has only compounded the issues.“When you throw a war on top of this, this is possibly the worst escalation you can have of this,” said Abhiram Rajendran, the head of oil market research at Energy Intelligence, an energy information company. “You’re literally pouring gasoline on general inflationary pressure.”These factors are largely out of Mr. Biden’s control, experts agreed, though they said he had not exactly sent positive signals to the oil and gas industry and its investors by vowing to reduce emissions and fossil fuel reliance.Mr. De Haan said the Biden administration was “clearly less friendly” to the industry, which may have indirectly affected investor attitudes. But overall, he said, that stance has played a “very, very small role pushing gas prices up.”President Biden announced a ban on imports of Russian oil in response to the country’s invasion of Ukraine.Tom Brenner for The New York TimesMr. Rajendran said the Biden administration had emphasized climate change issues while paying lip service to energy security.“There has been a pretty stark miscalculation of the amount of supply we would need to keep energy prices at affordable levels,” he said. “It was taken for granted. There was too much focus on the energy transition.”But presidents, Mr. Rajendran said, “have very little impact on short-term supply.”“The key relationship to watch is between companies and investors,” he said.It is true that the Biden administration is in talks with Venezuela and Iran over their oil supplies. But the administration is also urging American companies to ramp up production — to the dismay of climate change activists and contrary to Republican lawmakers’ suggestions that the White House is intent on handcuffing domestic producers.Speaking before the National Petroleum Council in December, Jennifer M. Granholm, the energy secretary, told oil companies to “please take advantage of the leases that you have, hire workers, get your rig count up.”Understand Rising Gas Prices in the U.S.Card 1 of 5A steady rise. More

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    There Are Glimmers of Hope for Biden. Or Maybe Slivers.

    Despite the terrible reality of the war in Ukraine, rising inflation and record gas prices, a faint ray of sunshine has fallen on Joe Biden and the Democratic Party. According to strategists for both parties, the Democrats now have a 50-50 chance of retaining control of the Senate in the midterm elections, crucial for the appointment of federal judges, but nowhere near enough electoral strength to give them a shot at keeping their House majority.Whit Ayres, a Republican pollster, agrees that “Biden is finally getting some good news after a long period of horrible events,” but those pluses stand against the more sustained setbacks the president has experienced.Ayres argued in an email that Bidendrove his own job approval down by hanging onto an obviously hopeless BuildBackBetter, muddying his bipartisan success on the infrastructure bill. He ran as a center-left moderate but tried to govern as a progressive. That had two results: raising the hopes of liberals, when it was obvious he was never going to get Manchin or Sinema, before dashing those hopes, leaving liberals demoralized. On top of that, he left a bunch of people who voted for him thinking they were sold a bill of goods. Along with the fiasco of the Afghanistan withdrawal, he squandered majority job approval.Ayres noted:It’s hard to imagine Republicans not winning the House, given historical trends and Biden’s lousy job approval ratings. Control of the Senate depends on the kinds of candidates Republicans nominate. Nominate sane governing Republicans like Rob Portman, Richard Burr and Pat Toomey, and the Senate is theirs. Nominate far-right wing-nut cases and the Senate stays in the hands of the Democrats.Still, Biden has had some significant success and Republicans face serious obstacles.On the plus side for Democrats: The Bureau of Labor Statistics reported that in February, employers added 678,000 new jobs and unemployment fell to 3.8 percent. Meanwhile, the House committee investigating the Jan. 6 insurrection disclosed on March 3 that it has “has a good-faith basis for concluding that the president and members of his campaign engaged in a criminal conspiracy to defraud the United States.”Politico reported on March 8:President Joe Biden’s approval rating is on the rise — for now — in response to Russia’s invasion of Ukraine and Biden’s State of the Union address last week. Multiple surveys over the past week, including a new Politico/Morning Consult poll out Tuesday, show a modest-to-moderate uptick in voters’ views of Biden’s job performance, up from his low-water mark earlier this year.And then there is the setback that never materialized: While many predicted the post-2020 census redrawing of congressional districts would be a disaster for Democrats, in practice the new congressional lines are a wash. “We now estimate Democrats are on track to net 4 to 5 more House seats than they otherwise would have won on current maps, up from two seats in our previous estimate,” David Wasserman of the Cook Political Report wrote on Feb. 24.On the negative side for Republicans: Donald Trump’s admiration for and long courtship of Vladimir Putin has begun to backfire, causing conflict within Republican ranks; and these intraparty tensions have been compounded by Mike Pence’s growing willingness to challenge Trump, as well as by an internal strategy dispute between Mitch McConnell, the Senate minority leader, and Senator Rick Scott, the chairman of the National Republican Senatorial Committee.Steve Rosenthal, a former political director of the A.F.L.-C.I.O. who now heads The Organizing Group, a political consulting firm, contended in an email that the Biden administration has done a poor job promoting its successes:We’ve been canvassing white working-class voters in Southwestern PA and in the Lehigh Valley. They have no idea what the president and the Democrats in Congress have already done that directly impacts the issues they raise. When they hear about Biden sending $7 billion to PA for their roads, bridges and schools, they’re moved by it. This isn’t rocket science.“It’s a volatile environment,” Rosenthal adds: “Covid, war in Ukraine, inflation — and a lot can happen between now and November. But I definitely like the hand the Democrats are playing better this week than last. For now, let’s take it one week at a time.”Dean Baker, a co-founder of the Center for Economic and Policy Research, a liberal-leaning think tank, made a similar case in his emailed response to my inquiries:On the economic front, President Biden and the Democrats really need to up their game in pushing their record and their agenda. We have had record job growth since Biden took office, and somehow the economy is supposed to be a liability for the Democrats? If the shoe were on the other foot, the Republicans would be plastering the job numbers across the sky. This is the best labor market in more than half a century. Workers can leave jobs they don’t like for better ones; that is a really great story.In Baker’s view:Biden and the Democrats really need to move forward on what they can get from his Build Back Better agenda. This means sitting down with Senator Manchin and figuring out what he will go for. It is kind of mind-boggling that they didn’t do this last spring.The point, Baker argued, “is to get something that will have as much benefit as possible — climate tops the list — and push it through quickly.”Baker wrote that he has “no idea if the Democrats can hold one or both chambers in November, but things are looking somewhat better,” especially in the Senate, where “the Republicans are having trouble getting strong candidates in many potential swing states like New Hampshire, Arizona, Pennsylvania, Georgia and possibly even Ohio. This raises the possibility of the Democrats picking up seats.”Control of the House, where Democrats hold a slim 222-211 majority, will be another matter after the coming election.Frances Lee, a political scientist at Princeton, made the case in an email thatIt would be a major historical anomaly if Democrats retain control of the House in 2022. One of the most predictable features of American politics is the loss of seats in Congress for the president’s party at the midterm. Even presidents with majority public approval still almost always see losses for their party in Congress. With Democrats’ margin so narrow, the party just cannot spare any losses.Biden’s favorability rating, currently averaging 41.6 percent according to Real Clear Politics, would have to rise “above 60 percent — like George W. Bush in 2002 or Bill Clinton in 1998 — before it would become reasonable to expect Democrats to avert a loss of House control,” Lee observed. “Since the advent of public opinion polling, all presidents with approval ratings below 60 percent have seen losses of congressional seats at the midterm, in every case more than the 5 seats that Democrats can spare in 2022.”Public Opinion Strategies, a Republican polling firm, provided historical data to The Times based on Gallup polling and House election outcomes in nonpresidential contests from 1962 to 2018. When the president’s approval rating was 60 percent or higher, the president’s party gained one seat; when the rating was in the 49 percent to 59 percent range, the president’s party lost an average of 12 seats; when the favorability rating fell below 49 percent, the average loss was 39 House seats. Biden, with eight months until the midterms, is well below that mark.The picture, according to Lee,is not entirely bleak. The employment recovery is strong; the pandemic seems to be abating. The battle for the Senate is more evenly matched, and Republicans have come up short in some high-profile candidate recruitment efforts. But Democrats have no margin for error. Any losses given a 50-50 balance will tip Senate control to Republicans. In a midterm year, one would have to rate that outcome as the more likely outcome.Lee suggested that “the more plausible question for Biden is how bad things are likely to get for Democrats.”She pointed out:Thirty House Democrats have already retired rather than run for re-election. Inflation is expected to be running well above Federal Reserve targets through the rest of 2022. Even though Biden has been able to rally the democratic world in opposition to Russia’s invasion of Ukraine, few experts expect a favorable outcome of the conflict on any near-term horizon. The pandemic has defied predictions to date, and public patience is wearing thinner.Charlie Cook, founder of the Cook Political Report, argued in an email that Biden is in a deep hole very difficult to climb out of:Between the Mexican border, not anticipating a rush across the border when Trump left town, being caught flat-footed, Kabul made the fall of Saigon look fairly dignified, ignoring/dismissing inflation. The worst sin for most voters, inflation, hurts 100 percent of people, a totally unrealistic legislative agenda, party line vote on coronavirus package, 7.5 months to get half of what they wanted on infrastructure, he has pretty much soiled his nest. Republican voters are hyper-motivated, Democratic voters lethargic, independents alienated, doesn’t sound terribly promising to me.Alex Theodoridis, a political scientist at the University of Massachusetts-Amherst, is pessimistic about Democratic prospects, but less so than Cook.Russia’s invasion of Ukraine, Theodoridis wrote by email, “is an awkward one for GOP elites and voters. They have spent the last few years downplaying the nefariousness of Putin’s regime and portraying Ukraine as a hopelessly corrupt hotbed of profiteering for the Biden family.”This message, he continued, hastrickled down to the Republican rank-and-file. UMass Poll data from 2020 and 2021 show that Republicans, on average, rate Democrats, Joe Biden, Nancy Pelosi, and even people who vote for Democrats, as greater threats to America than Vladimir Putin and Russia. In the weeks before the invasion, Tucker Carlson, Steve Bannon and Donald Trump, among others, peddled takes flattering to Putin. This stance has grown uncomfortable as Russia and Putin have clearly played the role of unprovoked aggressor and Ukrainians and Zelensky emerge as both sympathetic and heroic.But, in Theodoridis’s view, the “positive signs for Biden and Democrats over the last couple weeks” do not “yet rise to the level of changing the expectation that 2022 will likely follow the historical pattern of midterm loss for the president’s party. And, Democrats have precious little margin with which to sustain any loss of seats.”There are still major uncertainties to be resolved before Election Day, Nov. 8. These include the possibility that Trump will be embroiled in criminal charges and the chance that Trump himself will become an albatross around the neck of the Republican Party.The Supreme Court is expected to rule soon on Dobbs v. Jackson Women’s Health Organization, a Mississippi case that could unwind Roe and bar access to abortion for millions of women with the political response quite likely to cost the Republican Party a significant number of votes. Trump’s legal status, in turn, will be determined by prosecutors in Georgia, New York and possibly the United States Justice Department.Finally, the Russian invasion of Ukraine is a wild card, giving rise, among other things, to mounting speculation about Trump’s judgment and his fitness for office.On Feb. 22, the day after Putin said he would recognize the independence of Luhansk and Donetsk, two regions in eastern Ukraine, Trump remarked, “This is genius”— a comment in line with Trump’s history of fulsomely praising Putin.On March 2, Trump tried to cut his losses and abruptly told Maria Bartiromo of Fox News that the invasion amounted to a “holocaust” and Russia must “stop killing these people.” He condemned the Russian military: “They’re blowing up indiscriminately, they’re just shooting massive missiles and rockets into these buildings and everybody is dying​.”On March 5, speaking at a meeting of top Republican donors in New Orleans, Trump wandered farther afield, suggesting, however insincerely, that the United States should paste Chinese flags on F-22s and “bomb the [expletive] out of Russia.”On Feb. 27, Senator Tom Cotton of Arkansas was clearly discomfited by George Stephanopoulos on ABC’s “This Week” when Stephanopoulos, speaking of Trump, noted:Last night, he finally condemned the invasion, but he also repeated his praise of Putin, calling him smart.Earlier in the week, he called him pretty smart. He called him savvy. He says NATO and the U.S. are dumb.Are you prepared to condemn that kind of rhetoric from the leader of your party?Pressed repeatedly, Cotton ducked repeatedly:George, if you want to know what Donald Trump thinks about Vladimir Putin or any other topic, I’d encourage you to invite him on your show. I don’t speak on behalf of other politicians. They can speak for themselves.Mike Pence, on the other hand, has determined that his best strategy as he continues to explore a presidential bid is to defy Trump.“Ask yourself, where would our friends in Eastern Europe be today if they were not in NATO?” Pence asked the Republican National Committee donors on March 4. “Where would Russian tanks be today if NATO had not expanded the borders of freedom? There is no room in this party for apologists for Putin.”The biggest unknown on the political horizon is the repercussions of the sanctions imposed by the United States and its allies on Russia, which are certain to raise energy and food costs, exacerbating the administration’s continuing difficulties with rising prices.“War and sanctions means higher inflation,” The Economist warned on March 5. “Things could get much worse should sanctions expand in scope to cover energy purchases or if Russia retaliates against them by reducing its exports.” On Tuesday, the Biden administration announced that it was banning Russian oil imports.“JPMorgan Chase,” The Economist went on,projects that a sustained shut-off of the Russian oil supply might cause prices to rise to $150 per barrel, a level sufficient to knock 1.6 percent off global G.D.P. while raising consumer prices by another 2 percent. The stagflationary shock would carry echoes of the Yom Kippur war of 1973, which sparked the first of the two energy crises of that decade.A political minefield lies ahead and negotiating this terrain will require more tactical and strategic skill than the Biden administration has demonstrated in its 14 months in office.This is especially relevant in the context of another explosive unknown, the possibility of the largest land war in Europe since 1945 metastasizing into a global conflict.In an essay he posted on Monday, “The Nuclear Threat Is Back,” Mohamed ElBaradei, the recipient of the 2005 Nobel Peace Prize and the former director general of the International Atomic Energy Agency, argues that “beyond the bloodshed and needless destruction, Russia’s invasion of Ukraine has also increased the risk of radiation leaks and even nuclear war” — events, it is almost needless to say, that would create mind-boggling suffering, throw current electoral calculations into disarray and raise the stakes of every political decision we make.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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    Pressing for Evidence, Jan. 6 Panel Argues That Trump Committed Fraud

    The argument was a response to a lawsuit filed by John Eastman, who is seeking to shield his communications with former President Donald J. Trump.WASHINGTON — The House committee investigating the Jan. 6 attack on the Capitol on Tuesday laid out its theory for potential criminal charges against former President Donald J. Trump, arguing before a federal judge that he and the conservative lawyer John C. Eastman were involved in a conspiracy to perpetrate a fraud on the American public as part of a plan to overturn the 2020 election.The allegations, which the committee first leveled against the men last week in response to a lawsuit filed by Mr. Eastman, could determine just how deeply the panel can dig into emails, correspondence and other documents of lawyers close to Mr. Trump who have argued that such material should be shielded from scrutiny because of attorney-client privilege.They also form the core of the panel’s strategy for potentially holding Mr. Trump and his allies criminally liable for what happened on Jan. 6, 2021, one that turns on the notion that they knowingly sought to invalidate legitimate election results.“We’re talking about an insurrection that sadly came very close to succeeding to overturn a presidential election,” Douglas N. Letter, the general counsel of the House, told Judge David O. Carter of the United States District Court for the Central District of California, during arguments in Mr. Eastman’s case.The House committee’s argument is a risky one. If Judge Carter were to reject its claims, the inquiry’s legal team would be less likely to win support for a criminal prosecution unless investigators unearthed new evidence.In court on Tuesday, Mr. Letter repeatedly chastised Mr. Eastman for writing a memo that some in both parties have likened to a blueprint for a coup. The document encouraged Vice President Mike Pence to reject electoral votes from swing states won by President Biden, even as Mr. Eastman conceded that the maneuver was likely illegal.“Violate the law — and let them sue,” Mr. Letter said, characterizing Mr. Eastman’s counsel. “Boy, that’s not legal advice that I’ve ever given.”The committee in recent weeks has issued subpoenas to lawyers, including Rudolph W. Giuliani and Sidney Powell, who worked closely with Mr. Trump as they pursued various efforts to keep the former president in power despite losing the election. They offered up false slates of electors claiming Mr. Trump had won politically competitive states that he had lost, and explored the seizure of voting machines.Among them was Mr. Eastman, whom the committee says could potentially be charged with criminal violations including obstructing an official proceeding of Congress and conspiracy to defraud the American people.Charles Burnham, Mr. Eastman’s lawyer, said the committee’s accusations against the former president are “groundbreaking criminal allegations,” but he argued that both Mr. Eastman and Mr. Trump genuinely believed the claims of a stolen election — despite being told repeatedly that such statements were false.“Dr. Eastman and others absolutely believed that what they were doing was well-grounded in law and fact, and was necessary for what they believed was the best interest of the country,” Mr. Burnham said.In a filing in Mr. Eastman’s case last week, the committee first revealed the basis of what its investigators believe could be a criminal referral to the Justice Department against Mr. Trump. Central to the case is the argument that, in repeatedly rejecting the truth that he had lost the 2020 election — including the assertions of his own campaign aides, White House lawyers, two successive attorneys general and federal investigators — Mr. Trump was not just being stubborn or ignorant, he was knowingly perpetrating a fraud on the United States.The panel turned over to the court hundreds of pages of arguments, exhibits and court transcripts from Trump advisers telling him there was no widespread fraud in the 2020 election. But Mr. Burnham also said that Mr. Trump was given conflicting legal advice.“Multiple presidential advisers were counseling the president that there were issues with the 2020 election — fraud, illegality, and so forth,” he said.Mr. Burnham cited a book recently published by former Attorney General William P. Barr, who recounted how he tried to break through to Mr. Trump to tell him his wild fantasies about election fraud weren’t true, even as others informed the president he was right.“After the election,” Mr. Barr wrote, “he was beyond restraint. He would only listen to a few sycophants who told him what he wanted to hear. Reasoning with him was hopeless.”The arguments in court were prompted by Mr. Eastman’s attempt to shield from release documents he said were covered by attorney-client privilege. The committee responded that under the legal theory known as the crime-fraud exception, the privilege does not cover information conveyed from a client to a lawyer if it was part of furthering or concealing a crime.Capitol Riot’s Aftermath: Key DevelopmentsCard 1 of 3The first trial. More

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    Much of Smartmatic Case Against Fox News Can Proceed, Judge Rules

    The $2.7 billion defamation lawsuit against Fox News by the election technology company Smartmatic can move forward, a New York judge ruled on Tuesday. But the judge tossed out Smartmatic’s defamation claims against the Fox News host Jeanine Pirro and a network guest, Sidney Powell.Smartmatic sued Rupert Murdoch’s cable news networks last year, along with several Fox hosts and guests. The lawsuit accused them of damaging the company by promoting a false narrative about the 2020 election: that Smartmatic and other voting systems companies tried to rig the race against President Donald J. Trump. Smartmatic later expanded its legal battle against disinformation to the right-wing media outlets Newsmax and One America News Network.On Tuesday, Justice David B. Cohen of State Supreme Court in Manhattan said in a 61-page ruling that, “at a minimum, Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth.”He added, “At this nascent stage of the litigation, this court finds that plaintiffs have pleaded facts sufficient to allow a jury to infer that Fox News acted with actual malice.”He also declined to dismiss Smartmatic claims against Maria Bartiromo, the Fox Business star, and Lou Dobbs, whose Fox Business show was a frequent clearinghouse for baseless theories of electoral fraud in the weeks after Mr. Trump’s defeat. Fox canceled Mr. Dobbs’s program last year, one day after Smartmatic sued.Citing a legal technicality, Justice Cohen dismissed most of Smartmatic’s defamation claims against Rudolph W. Giuliani, who, appearing on Fox News as a legal representative for Mr. Trump, said the technology company had “tried-and-true methods for fixing elections,” among other false assertions. Even so, Justice Cohen said there was “substantial” evidence that Mr. Giuliani “acted with actual malice insofar as he evinced a reckless disregard for the truth” and ruled that Smartmatic could try again. The judge allowed another part of Smartmatic’s defamation case against Mr. Giuliani to go forward.Fox News vowed a swift appeal.“While we are gratified that Judge Cohen dismissed Smartmatic’s claims against Jeanine Pirro at this early stage, we still plan to appeal the ruling immediately,” the network said in a statement. The network added that it would “continue to litigate these baseless claims by filing a counterclaim for fees and costs” under New York’s anti-SLAPP (strategic lawsuit against public participation) statute, which is meant to quickly set aside lawsuits that may be intended to chill free speech.Fox News said it would do so “to prevent the full-blown assault on the First Amendment which stands in stark contrast to the highest tradition of American journalism.”In dismissing the claim against Ms. Pirro, Justice Cohen said that while she had asserted on her show that Democrats “stole votes,” she had not specifically blamed Smartmatic’s software.A spokesman for Smartmatic did not reply to a request for comment.Fox News is also battling a related $1.6 billion defamation lawsuit from Dominion Voting Systems, which has accused the channel of advancing lies that devastated its reputation and business. A Delaware judge rejected an attempt by Fox News to dismiss Dominion’s lawsuit in December. More