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    The House Finally Has a Speaker

    Michael Simon Johnson and Rachel Quester and Dan Powell and Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicWarning: this episode contains strong language.After 21 days without a leader, and after cycling through four nominees, House Republicans have finally elected a speaker. They chose Representative Mike Johnson of Louisiana, a hard-right conservative best known for leading congressional efforts to overturn the 2020 election.Luke Broadwater, a congressional reporter for The Times, was at the capitol when it happened.On today’s episodeLuke Broadwater, a congressional correspondent for The New York Times.Representative Mike Johnson of Louisiana won the election on Wednesday to become the 56th speaker of the House of Representatives.Kenny Holston/The New York TimesBackground readingThe House elected Mike Johnson as speaker, embracing a hard-right conservative.Speaker Johnson previously played a leading role in the effort to overturn the 2020 election results.There are a lot of ways to listen to The Daily. Here’s how.We aim to make transcripts available the next workday after an episode’s publication. You can find them at the top of the page.Luke Broadwater More

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    Trump’s Allies Pledged Loyalty to Him. Until They Didn’t.

    The former president is facing down Michael Cohen, his longtime fixer, in a Manhattan courtroom, while other ex-loyalists are cooperating in a case against him in Georgia.Donald J. Trump could not hide his anger. Sitting at the front of a crowded New York courtroom this week, he folded his arms tightly across his chest. He tossed his head and scowled. He stared into the middle distance and scrolled through his phone.His ire was directed at Michael D. Cohen, his former personal lawyer and fixer, who had taken the witness stand 15 feet away and had promptly called Mr. Trump a liar. Mr. Cohen has told his share of lies as well. But in court, he swore he had done so “at the direction of, in concert with and for the benefit of Mr. Trump.”Mr. Cohen’s two days of dramatic testimony this week provided the first glimpse of what could become a familiar scene: Mr. Trump, sitting at a defense table, watching as a lawyer who once did his bidding now cooperated with the authorities seeking to hold him to account.On the same day Mr. Cohen began his testimony, Jenna Ellis, who had sought to help Mr. Trump overturn the results of the 2020 election, pleaded guilty to state charges in Georgia. She was preceded by Sidney Powell and Kenneth Chesebro, both lawyers who worked with Mr. Trump’s campaign, both now expected to cooperate in the criminal case that the Georgia prosecutors brought against him.The circumstances surrounding the Georgia criminal case and the Manhattan civil fraud trial are vastly different. But near the center of each case are lawyers who pledged public fealty to Mr. Trump — until they very publicly did not.Mr. Trump has long relied on a phalanx of legal attack dogs to speak on his behalf, or to do or say things he would rather not do or say himself. And because Mr. Trump has such a tenuous relationship with the truth, those lieutenants often spread a message that prosecutors and investigators consider to be outright lies. Lies about an election he lost, a relationship with a porn star he may have had and a net worth he may not quite have achieved.Now those statements are ricocheting back at Mr. Trump as he contends with the civil trial in New York, brought by the state’s attorney general, Letitia James, and with four criminal indictments up and down the East Coast. And while Mr. Trump is quick to blame his betrayers — Mr. Cohen is “proven to be a liar,” he said outside the courtroom this week — his predicament was born from his own lopsided approach to relationships.Mr. Trump has a history of disavowing people who were once close to him and find themselves in trouble. He had long since cut ties with Mr. Cohen — until Tuesday, they had not seen each other in five years — and more recently he distanced himself from the lawyers in the Georgia case. He had also refused to pay their mounting legal bills.Their relationships, a one-way street flowing in Mr. Trump’s direction, appeared to work for a time. But when those loyal soldiers faced their own legal jeopardy, their allegiance to the former president became strained or even shattered.There have been exceptions since Mr. Trump’s split with Mr. Cohen. Mr. Trump’s political action committee has picked up the legal bills for his co-defendants in the federal criminal case involving his handling of classified government documents, as well as those of several witnesses connected to the case.Mr. Trump’s company also agreed to dole out a $2 million severance payment to his longtime chief financial officer, Allen H. Weisselberg, and continues to pay for Mr. Weisselberg’s lawyers. Mr. Weisselberg pleaded guilty to tax fraud and testified at the company’s criminal trial last year, but has stopped short of turning on Mr. Trump.Mr. Cohen was among several in a series of people who Mr. Trump turned to over decades in the hopes they would emulate his first fixer and defender, the lawyer Roy Cohn. “Roy was brutal, but he was a very loyal guy,” Mr. Trump told one of his biographers, Timothy O’Brien, in an interview. “He brutalized for you.”That brutality — along with Mr. Cohn’s method of conflating public relations defenses with legal ones, making showy displays in court and accusing the federal government of “Gestapo-like tactics” against Mr. Trump in a 1970s suit alleging housing discrimination — became Mr. Trump’s preferred model for a lawyer.Mr. Cohen has often said that those sort of tactics influenced what Mr. Trump looks for in those who defend him.While it is unclear how useful Ms. Ellis and the other two lawyers will be to the case against Mr. Trump in Georgia, Mr. Cohen has already been tormenting Mr. Trump for the last five years. Ms. Ellis became critical of him publicly in the last several months.Mr. Trump made a point of attending the trial in Manhattan this week to watch Mr. Cohen’s testimony in person.Dave Sanders for The New York TimesFor Mr. Trump, the feud with Mr. Cohen is personal. Although he is running for president and fighting the four indictments, none of those obligations could pry him away from the Manhattan courtroom to watch Mr. Cohen’s testimony. Mr. Trump did not have to attend the testimony, but people close to him say he believes events go better for him when he is present.Mr. Trump’s falling out with Mr. Cohen stemmed from their dealings with the porn star Stormy Daniels.In the final stretch of the 2016 presidential campaign, Mr. Cohen paid Ms. Daniels $130,000 to silence her story of an affair with Mr. Trump years earlier — an affair that Mr. Trump denied had ever taken place.The deal came to light in 2018, and soon, the F.B.I. had searched Mr. Cohen’s home and office. As Mr. Cohen’s life imploded, Mr. Trump began to distance himself from his fixer, and eventually, his company stopped paying Mr. Cohen’s legal bills altogether.Mr. Cohen soon lashed out and began to speak with prosecutors. When he pleaded guilty that year for his role in the hush-money deal, he stood up in court and pointed the finger at the then-president. Mr. Trump, Mr. Cohen declared, had directed the payment of the hush money.Although the federal prosecutors declined to indict Mr. Trump, this year the Manhattan district attorney’s office brought charges against him related to the deal, using Mr. Cohen as a potential star witness for a trial scheduled to start in the spring. Mr. Cohen has also testified before Congress that the former president’s company had manipulated financial statements to reach Mr. Trump’s desired net worth. That testimony was the catalyst for Ms. James to open her investigation.When Ms. James’s team questioned Mr. Cohen on Tuesday, he repeated many of the same accusations, testifying that Mr. Trump had directed him to “reverse engineer” annual financial statements to reach the former president’s desired net worth.Mr. Cohen spoke calmly and confidently as he recounted Mr. Trump’s obsession with his net worth.But the Trump team’s cross-examination exposed the perils of relying on a disgruntled former aide, especially one as temperamental as Mr. Cohen.Mr. Trump’s lawyers seized on Mr. Cohen’s inconsistent statements about the former president and his own crimes, leading him to admit to having lied a number of times. Toward the end of the second day of cross-examination, Mr. Cohen appeared visibly flustered as he tripped over rapid-fire questions about whether Mr. Trump had personally directed him to inflate numbers on his annual financial statements. Mr. Cohen said he had not, prompting Mr. Trump and one of his lawyers, Alina Habba, to throw their hands up in victory.Ms. Habba also resurfaced a series of glowing remarks Mr. Cohen once made about his boss, further underscoring his about-face.“I think he’s going to be an amazing president”; “I’m the guy who would take the bullet for the president”; “I think the world of him, I respect him as a business man and I respect him as a boss,” Ms. Habba emphatically read, as she circled the courtroom with a hand-held microphone like a preacher delivering a sermon.This appeared to delight Mr. Trump, who turned to watch Ms. Habba while draping his arm over her empty chair.Before Mr. Cohen completed his testimony on Wednesday, one of Mr. Trump’s lawyers asked Justice Arthur J. Engoron to dismiss the case, citing Mr. Cohen’s contradictions.Justice Engoron denied the request, and Mr. Trump stormed out of the courtroom.Kate Christobek More

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    Solidarity Between American Activists and Palestinians — Including a Rebuke of Biden

    Since the heinous Oct. 7 Hamas attacks and Israel’s declaration of war against the terrorist group, I have been going over and over a question I’ve not been able to answer fully: During this episode, why has the Palestinian cause sparked so much passion among veteran activists of the movement for Black lives?Last week, I wrote that this could be traced to the ideological lens and residual energy of a younger generation attuned to protest and the ideas of equality and justice. But after interviewing several prominent activists in recent days, I realize there’s more to explore in the critical dynamics fueling that passion, which is born, in part, out of longstanding personal connections and a common sense of purpose.There are two pivotal events that seem to have ignited the new era of solidarity between some young American activists and the people of Palestine. The first came in the form of Palestinian activists expressing support on social media for the 2014 protests in Ferguson, Mo., which activists describe as an uprising, not just a series of protests. Palestinians provided not just moral support, but offered practical tips that, as activist Cherrell Brown told me, included advice for protesters about how to protect themselves from tear gas.Around that time, a small delegation of Palestinians even traveled to Ferguson and St. Louis to meet with American activists. This all created a moment of bonding around a shared sense of resistance.The second event was a 2015 pilgrimage to Israel and the Palestinian territories organized by Ahmad Abuznaid, a Jerusalem-born Palestinian American who co-founded the Dream Defenders, a group of activists who came together in response to the 2012 killing of Trayvon Martin.The small delegation included some people who would also become central in the American movement, like the journalist and scholar Marc Lamont Hill.When we spoke, Abuznaid, who has been criticized for his support for B.D.S., a movement calling for boycott, divestment and sanctioning of Israel, said he has led or been a part of several delegations to the Palestinian territories focused on what he describes as the injustices caused by the Israeli occupation.These trips help not only to develop strong bonds between communities half a world away from each other, but also to connect the issues facing them. Hill, who lost his job as a CNN contributor after he gave a speech at the United Nations about Israel and Palestine that was condemned by groups including the Anti-Defamation League, would go on to be a co-author of a book about the Israeli-Palestinian conflict, “Except for Palestine: The Limits of Progressive Politics.”The events during this period reinforced a sense of internationalism among activists and connected a present solidarity with a historical one. It called back to a time when an American figure as notable as Malcolm X spoke out for the Palestinian cause.Even activists who didn’t make these journeys describe coming to this cause in part through personal connections with Palestinians and Palestinian Americans.And unlike some conflicts around the world, this one continues to play out in full view, in traditional media and social media. As the comedian, actress and activist Amanda Seales told me, this crisis has an urgency around it that others don’t because “we’re able to see it” in an unfiltered way.The other thing that I initially underestimated is the level of criticism of the Biden administration for its response to this conflict and what effect that might have in 2024.Shaun King, a former writer for The Daily News who has millions of followers on Facebook, Instagram and X, the site formerly known as Twitter, posted recently about how he would not vote for President Biden next year because of his embrace of Israel.King, who has never been a strong Biden supporter and is far from a mainline Democrat, told me, “I feel like a voter without a candidate.”While most activists I spoke to didn’t sound a note as strident as King’s about their voting intentions, several of them sounded an alarm about a possible wave of voter disappointment on the left over Biden’s stance in this conflict.As Maurice Mitchell, the national director of the Working Families Party, told me, he couldn’t think of a more “demobilizing experience” for young, democracy-minded, multiracial coalition voters than an escalating war and escalating human suffering “with the understanding that our country and our government could have done more to prevent it.”Tiffany Loftin, who describes herself as a civil rights activist and labor union organizer, and is a former national director of the N.A.A.C.P. youth and college division, said she would have a difficult time casting her ballot for “somebody who supported genocide” of Palestinians, which is how she characterized Biden’s position in the Israel-Gaza war. “I don’t know if I can do that, Charles,” she said.The questions for the Democratic Party and the Biden administration are: How much of their support base does this discontent represent, and how much voter abstention can they absorb?A lot will happen next year, and public attention will inevitably turn to other issues and controversies, but in a tight presidential race, an increasingly disaffected activist base on the left could be disastrous for Biden, and in a rematch with Donald Trump, that could be disastrous for our democracy.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 and Twitter (@NYTopinion), and Instagram. More

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    The Speakership Is Yours, Mike Johnson. Good Luck With That.

    That House speaker mess was all Donald Trump’s fault. Yeah, yeah, I know you’re not going to argue with me if I blame him for something bad. (“Saturday night’s block party was canceled because of the threat of rain and … Donald Trump.”) Still, follow this thought.The House Republicans are a rancorous crew, and they’ve got only a nine-member majority, one of the tightest in recent history. We’ve been hearing all week that a mere five rebels can halt progress on anything, even a basic task like electing a speaker. Interesting how narrow that majority is. Normally, in nonpresidential-election years, the party that didn’t win the White House gets a lift — often a huge one. Some voters are looking for balance, others are just kinda bored. Given the deeply nonelectric nature of Joe Biden’s victory, you’d figure the Republicans would have made a scary sweep in 2022.But no — and one of the reasons was the completely loopy candidates running on Republican lines in districts that should have been up for grabs. Some had been handpicked by Trump, like Bo Hines, a 28-year-old former college football star who moved into a North Carolina swing district a month before the May primary, won the nomination with the ex-president’s enthusiastic support and then, well, went down the drain.Trump endorsed three candidates in tossup districts last year; all of them lost. Plus there were lots of other dreadful Trump-backed contenders on the ballots — like Mehmet Oz, the longtime New Jersey resident who ran a disastrous race for the Senate in Pennsylvania and almost certainly pulled down the rest of his party’s ticket.POP QUIZ:Donald Trump, who’s facing 91 criminal charges around the country, is now on trial in New York for falsifying records to make himself look like an, um, non-failure in the real estate business. This week, he compared himself to a South African Nobel Peace Prize winner who served time in prison for his battles against apartheid. (“I don’t mind being Nelson Mandela, because I’m doing it for a reason.”) He’s also compared himself to:A) Abraham LincolnB) JesusC) George WashingtonD) The Mona LisaThe answer is everybody but Jesus. And he did recently post a sketch on Truth Social showing Christ next to him in the courtroom.All that flailing around over selecting a House speaker was due, in part, to the Republicans’ failure to corral their Flimsy Five around any of the original contenders. But it was also very, very much about Trump’s lack of enthusiasm for logical candidates like Tom Emmer, the House Republican whip, who’d made the dreaded mistake of voting to certify the results of the last presidential election.“I have many wonderful friends wanting to be Speaker of the House, and some are truly great Warriors,” Trump declaimed. “RINO Tom Emmer, who I do not know well, is not one of them. He never respected the Power of a Trump Endorsement.”RINO, of course, stands for Republican in Name Only, something Trump has truly hated ever since he registered as a Republican in Manhattan back in 1987. Until he registered with the Independence Party in 1999, followed by the Democratic Party in 2001. But hey, he became a Republican again in 2009, then dropped his party affiliation in 2011, and switched back to being a Republican in 2012. There is absolutely no reason to imagine he would ever switch again. Unless, you know, there was something in it for him.Mike Johnson of Louisiana, who finally won the speaker’s job, is exactly the kind of guy you’d expect to come up on top. Right-wing anti-abortion activist who gets along with his colleagues and who, crucially, has items in his résumé that won Trump’s heart. A former radio talk show host who helped lead the Republicans’ battle to overturn the election results! What could be more perfect?“GET IT DONE, FAST! LOVE, DJT!” our ex-president posted on Truth Social.(Earlier, once Emmer had crashed, Trump praised all the possible successors to the ousted Kevin McCarthy as “fine and very talented men.” Quick question: What’s missing in that description? One minor detail — the candidate swarm was notably lacking in female representation. Just saying.)So the beat goes on. Mike Johnson’s friends are celebrating. Much of the rest of the nation is wondering why the heck anybody would ever want to be speaker of the House with its current crush of Republican crazies.Welcome to your new job, Mike. Hope you enjoyed your big day. Just remember that it won’t be long before Congress has to pass another bill to keep the government operating or send the country teetering into disaster.Details, details.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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    Speaker Mike Johnson Helped Efforts to Overturn The 2020 Election

    If Representative Jim Jordan of Ohio was the most prominent public face of the congressional effort to fight the results of the 2020 election, his mentee, the newly elected Speaker Mike Johnson of Louisiana, was a silent but pivotal partner.The election on Wednesday of Mr. Johnson, 51, to the post second in line to the presidency has focused new attention on his behind-the-scenes role in trying to overturn the election results on behalf of former President Donald J. Trump.A social conservative, Mr. Johnson played a leading role in recruiting House Republicans to sign a legal brief supporting a lawsuit seeking to overturn the results.In December 2020, Mr. Johnson collected signatures for a legal brief in support of a Texas lawsuit, rooted in baseless claims of widespread election irregularities, that tried to throw out the results in four battleground states won by Joseph R. Biden Jr.The Supreme Court ultimately rejected the suit, but not before Mr. Johnson persuaded more than 60 percent of House Republicans to sign onto the effort. He did so by telling them that the initiative had been personally blessed by Mr. Trump, and that the former president was “anxiously awaiting” to see who in Congress would defend him.A constitutional lawyer, Mr. Johnson was also a key architect of Republicans’ objections to certifying Mr. Biden’s victory on Jan. 6, 2021. Many Republicans in Congress relied on his arguments.In 2020, Mr. Johnson embraced Mr. Trump’s wild and false claims of fraud. In a radio interview, he asserted that a software system used for voting was “suspect because it came from Hugo Chávez’s Venezuela.”Mr. Johnson also falsely claimed the election was “rigged.”“You know the allegations about these voting machines, some of them being rigged with this software by Dominion, there’s a lot of merit to that,” Mr. Johnson said.No credible evidence has ever emerged to support the conspiracy theories about Dominion and another voting machine firm having helped to ensure Mr. Trump’s defeat. In April, Fox News agreed to pay $787.5 million to settle a defamation suit by Dominion over reports broadcast by Fox that Dominion machines were susceptible to hacking and had flipped votes from Mr. Trump to Mr. Biden.On the eve of the Jan. 6 votes, Mr. Johnson had honed his arguments undermining the election to be more palatable. He presented colleagues with arguments they could use to oppose the will of the voters without embracing conspiracy theories and the lies of widespread fraud pushed by Mr. Trump. Mr. Johnson instead faulted the way some states had changed voting procedures during the pandemic, saying it was unconstitutional.After a mob of Mr. Trump’s supporters, believing the election was rigged, stormed the Capitol on Jan. 6 and injured about 150 police officers, Mr. Johnson condemned the violence. But he defended the actions of congressional Republicans in objecting to Mr. Biden’s victory.He wrote a two-page memo of talking points meant to buck up Republicans, and lamented that the violence had almost eclipsed his careful arguments. “Most of the country has also never heard the principled reason,” he wrote.Over a year later, on “Truth Be Told,” the Christian podcast he hosts with his wife, Kelly, Mr. Johnson continued to argue that he and his colleagues had been right to object to the election results.“The slates of electors were produced by a clearly unconstitutional process, period,” he said.Mr. Johnson came to Congress in 2017 with support from the ultraconservative House Freedom Caucus, though he has never joined the group.In an interview this year, he referred to Mr. Jordan, a co-founder of the Freedom Caucus, as a “very close friend” who “has been a mentor to me since I got here.”Mr. Johnson said Mr. Jordan called him when he was running for office, because “he knew I was a conservative,” contributed money to his campaign and invited him to Washington for a meeting with him and other Freedom Caucus members.“He started providing advice to me,” Mr. Johnson said. “So now we’ve become very close.”In 2020, the two men and their wives traveled to Israel together and met with Prime Minister Benjamin Netanyahu.Mr. Johnson has also made a close ally of Mr. Trump, and he served on Mr. Trump’s impeachment defense team.On Nov. 8, 2020, Mr. Johnson was onstage at a northwest Louisiana church speaking about Christianity in America when Mr. Trump called. Mr. Johnson had been in touch with the president’s team on his myriad legal challenges seeking to overturn the results, “to restore the integrity of our election process,” according to a Facebook post by Mr. Johnson recounting the exchange.“We have to keep fighting for that, Mike,” he said Mr. Trump told him.“Indeed we do, sir!” Mr. Johnson said he replied.Karoun Demirjian More

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    Trump’s Lawyers Are Going Down. Is He?

    On Tuesday morning, Jenna Ellis became the third Donald Trump-allied lawyer to plead guilty in Fulton County, Ga., to state criminal charges related to Trump’s efforts to overturn the results of the 2020 presidential election in Georgia. She joins Sidney Powell and Kenneth Chesebro in similar pleas, with each of them receiving probation and paying a small fine, and each of them cooperating with the prosecution in its remaining cases against Trump and his numerous co-defendants.The Ellis, Powell and Chesebro guilty pleas represent an advance for both the state election prosecution in Georgia and the federal election prosecution in Washington. While their guilty pleas came in the Georgia case (they’re not charged in the federal prosecution, though Powell and Chesebro have been identified as unindicted co-conspirators in that case), the information they disclose could be highly relevant to Jack Smith, the special counsel investigating Trump.Perhaps as important, or even more important, the three attorneys’ admissions may prove culturally and politically helpful to those of us who are attempting to break the fever of conspiracy theories that surround the 2020 election and continue to empower Trump today. At the same time, however, it’s far too soon to tell whether the prosecution has made real progress on Trump himself. The ultimate importance of the plea deals depends on the nature of the testimony from the lawyers, and we don’t yet know what they have said — or will say.To understand the potential significance of these plea agreements, it’s necessary to understand the importance of Trump’s legal team to Trump’s criminal defense. As I’ve explained in various pieces, and as the former federal prosecutor Ken White explained to me when I guest-hosted Ezra Klein’s podcast, proof of criminal intent is indispensable to the criminal cases against Trump, both in Georgia and in the federal election case. While the specific intent varies depending on the charge, each key claim requires proof of conscious wrongdoing — such as an intent to lie or the “intent to have false votes cast.”One potential element of Trump’s intent defense in the federal case is that he was merely following the advice of lawyers. In other words, how could he possess criminal intent when he simply did what his lawyers told him to do? He’s not the one who is expected to know election laws. They are.According to court precedent that governs the federal case, a defendant can use advice of counsel as a defense against claims of criminal intent if he can show that he “made full disclosure of all material facts to his attorney” before he received the advice, and that “he relied in good faith on the counsel’s advice that his course of conduct was legal.”There is a price, though, for presenting an advice-of-counsel defense. The defendant waives attorney-client privilege, opening up both his oral and written communications with his lawyers to scrutiny by a judge and a jury. There is no question that a swarm of MAGA lawyers surrounded Trump at each step of the process, much like a cloud of dirt surrounds the character Pigpen in the “Peanuts” cartoons, but if the lawyers themselves have admitted to engaging in criminal conduct, then that weakens his legal defense. This was no normal legal team, and their conduct was far outside the bounds of normal legal representation.Apart from the implications of the advice-of-counsel defense, their criminal pleas, combined with their agreements to cooperate, may grant us greater visibility into Trump’s state of mind during the effort to overturn the election. The crime-fraud exception to attorney-client privilege prevents a criminal defendant from shielding his communications with his lawyers when those communications were in furtherance of a criminal scheme. If Ellis, Powell or Chesebro can testify that the lawyers were operating at Trump’s direction — as opposed to Trump following their advice — then that testimony could help rebut Trump’s intent defense.At the same time, I use words like “potential,” “if,” “may” and “could” intentionally. We do not yet know the full story that any of these attorneys will tell. We only have hints. Ellis said in court on Tuesday, for example, that she “relied on others, including lawyers with many more years of experience than I, to provide me with true and reliable information.” Indeed, Fani Willis, the Fulton County district attorney, has indicted two other attorneys with “many more years of experience” — Rudy Giuliani and John Eastman. If Ellis’s court statement is any indication, it’s an ominous indicator for both men.If you think it’s crystal clear that the guilty pleas are terrible news for Trump — or represent that elusive “we have him now” moment that many Trump opponents have looked for since his moral corruption became clear — then it’s important to know that there’s a contrary view. National Review’s Andrew McCarthy, a respected former federal prosecutor, argued that Powell’s guilty plea, for example, was evidence that Willis’s case was “faltering” and that her RICO indictment “is a dud.”“When prosecutors cut plea deals with cooperators early in the proceedings,” McCarthy writes, “they generally want the pleading defendants to admit guilt to the major charges in the indictment.” Powell pleaded guilty to misdemeanor charges. Ellis and Chesebro both pleaded to a single felony charge, but they received punishment similar to Powell’s. McCarthy argues that Willis allowed Powell to plead guilty to a minor infraction “because minor infractions are all she’s got.” And in a piece published Tuesday afternoon, McCarthy argued that the Ellis guilty plea is more of a sign of the “absurdity” of Willis’s RICO charge than a sign that Willis is closing in on Trump, a notion he called “wishful thinking.”There’s also another theory regarding the light sentences for the three lawyers. When Powell and Chesebro sought speedy trials, they put the prosecution under pressure. As Andrew Fleischman, a Georgia defense attorney, wrote on X, the site formerly known as Twitter, it was “extremely smart” to seek a quick trial. “They got the best deal,” Fleischman said, “because their lawyers picked the best strategy.”As a general rule, when evaluating complex litigation, it is best not to think in terms of legal breakthroughs (though breakthroughs can certainly occur) but rather in terms of legal trench warfare. Think of seizing ground from your opponent yard by yard rather than mile by mile, and the question at each stage isn’t so much who won and who lost but rather who advanced and who retreated. Willis has advanced, but it’s too soon to tell how far.The guilty pleas have a potential legal effect, certainly, but they can have a cultural and political effect as well. When MAGA lawyers admit to their misdeeds, it should send a message to the Republican rank and file that the entire effort to steal the election was built on a mountain of lies. In August, a CNN poll found that a majority of Republicans still question Joe Biden’s election victory, and their doubts about 2020 are a cornerstone of Trump’s continued political viability.Again, we can’t expect any single thing to break through to Republican voters, but just as prosecutors advance one yard at a time, opposing candidates and concerned citizens advance their cultural and political cases the same way. It’s a slow, painful process of trying to wean Republicans from conspiracy theories, and these guilty pleas are an important element in service of that indispensable cause. They represent a series of confessions from the inner circle and not a heated external critique.Amid this cloud of uncertainty, there is one thing we do know: With each guilty plea, we receive further legal confirmation of a reality that should have been plainly obvious to each of us, even in the days and weeks immediately following the election. Trump’s effort to overturn the election wasn’t empowered by conventional counsel providing sound legal advice. It was a corrupt scheme empowered by an admitted criminal cabal.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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    ‘Chaos Doesn’t Scare Me. American Decline Does.’

    Jim Jordan’s bid last week to become speaker of the House — together with the withdrawal on Tuesday of Thomas Emmer from his campaign for the same job — revealed not only how far House Republicans have moved to the right, but also how weak the intraparty forces for moderation have become.The full House, including all 212 Democrats, rejected Jordan in the first floor vote, but 90 percent of Republicans backed the election-denying Trump avatar.Minutes before Emmer withdrew from the race yesterday, Politico reported that Donald Trump told an associate, “He’s done. It’s over. I killed him.” It was, according to Politico, a reflection of Trump’s veto power among House Republicans — “that while Trump may not be able to elevate someone to the post — his earlier choice for the job, Jordan, flopped — he can ensure that a person doesn’t get it.”Lee Drutman, a political scientist and senior fellow at New America, published a piece on Oct. 20 on his Substack, “The U.S. House Has Sailed Into Dangerously Uncharted Territory. There’s No Going Back.”“Republicans have moved far to the right and polarization is at record highs,” Druckman wrote, citing a measure of ideological polarization between House Democrats and Republicans known as DWNominate which shows House Republicans moving steadily to the right, starting in 1968, reaching a level in 2022 substantially higher than at any point in time since 1880.House Democrats, in contrast, moved very slightly to the left over the same 1968-2022 period.I asked Drutman whether he thought House Republicans could move further right. He replied by email:Hard to say. We keep thinking the G.O.P. can’t move any further to the right and still win nationally, and yet, when more than 90 percent of districts are safe, and the Democratic Party is equally unpopular, and there are only two parties. the G.O.P. can win in too many places just by not being the Democrats.In 2022, Drutman continued, “the G.O.P. definitely paid a small but significant MAGA penalty. So I want to say there are limits, and that I really do hope we are close to reaching them. But I wouldn’t bank on that hope.”For those banking on hope, a closer examination of the Oct. 17 ballot I mentioned earlier, when Jordan won the votes of 200 of the 221 Republican members of the House, may dampen optimism.Not only did the Republican Caucus overwhelmingly back Jordan, but the intraparty forces that would normally press for centrist policies failed to do so.There are 18 Republicans who represent districts President Biden carried in 2020. These members, more than others, were forced to choose between voting for Jordan and facing sharp criticism in their districts, or voting against him and facing a potential primary challenger.This group voted two to one (12-6) for Jordan, deciding, in effect, that the threat of a primary challenge was more dangerous to their political futures than the fallout in their Democratic-leaning districts from voting for Jordan.Or take the bipartisan Problem Solvers Caucus, which describes its members as “tired of the obstructionism in Washington where partisan politics is too often prioritized over governing and what is best for the country.” Jordan’s approach to legislation and policymaking embodies what the problem solvers are tired of.Despite that, the Republican members of the caucus voted decisively for Jordan, 21-8, including the co-chairman of the caucus — Brian Fitzpatrick, Republican of Pennsylvania, and Tom Kean, the son and namesake of the distinctly moderate former governor of New JerseyIn a statement posted on the Problem Solvers’ website, Kean declared that he joined the group “to help find solutions for families and businesses in New Jersey. Every day of gridlock in Washington is another day that issues impacting my constituents at home go unaddressed.”A third overlapping group, The Republican Governance Group, would, in normal times, be a bastion of opposition to Jordan. The governance group calls for “common-sense legislation on issues including health care, energy, infrastructure and work force development” and its members “represent the most marginal, swing districts, and are ranked among the most bipartisan and most effective lawmakers on Capitol Hill.”The conference declares that it “needs to lead in a time when partisan gridlock often derails progress.”How did its members vote on Jordan? More than three quarters, 32, voted to make Jordan speaker; 10 voted against him.In the middle of the weeklong Jordan-for-speaker saga, Ronald Brownstein, a senior editor at The Atlantic, wrote in “The Threat to Democracy Is Coming From Inside the U.S. House” that win or lose,Jordan’s rise, like Trump’s own commanding lead in the 2024 GOP presidential race, provides more evidence that for the first time since the Civil War, the dominant faction in one of America’s two major parties is no longer committed to the principles of democracy as the U.S. has known them.Each time the Republican Party has had an opportunity to distance itself from Trump, Brownstein continued,It has roared past the exit ramp and reaffirmed its commitment. At each moment of crisis for him, the handful of Republicans who condemned his behavior were swamped by his fervid supporters until resistance in the party crumbled.Earlier this week, Nate Cohn, a Times colleague, wrote in “Fight for Speaker Reveals Four Types of House Republicans”:Mr. Jordan fell short of winning the gavel three times. But his failed bid nonetheless revealed that the ultraconservative faction of congressional Republicans is larger in number and potentially more broadly acceptable to mainstream congressional Republicans than might have been known otherwise.An examination of the votes, Cohn continued, suggeststhat nearly half of congressional Republicans are sympathetic to Mr. Jordan and the conservative right wing, putting anti-establishment outsiders within striking distance of becoming the predominant faction in the House Republican conference. It suggests that the party’s right wing could, under circumstances not necessarily too different from those today, make a serious bid for House leadership — and win.The analyses above focus on the 90 percent of Republicans who voted for Jordan as evidence of the party’s rightward shift.There is an alternative approach: to focus on the 20-plus dissenters. This approach leads to different conclusions.An Oct. 19 Times article by my news-side colleague Catie Edmondson, for example, was headlined, “Mainstream Republicans, ‘Squishes’ No More, Dig in Against Jordan.”Focusing on the small group of Republicans who rejected Jordan, Edmondson wrote:In a remarkable reversal of roles, a group of roughly 20 veteran Republicans, including institutionalists and lawmakers in politically competitive districts, are flexing their muscles against Mr. Jordan’s candidacy. Their choice to do so has prolonged an extraordinary period of paralysis in the House, which began more than two weeks ago when the hard right deposed Kevin McCarthy as speaker. It has continued as Republicans wage an extraordinary feud over who should replace him.The next day, a Washington Post article by Jacqueline Alemany, “Concerns About Jordan’s Election Denialism Flare During Failed Bid for Speaker,” made the case that Jordan’s refusal to accept the outcome of the 2020 election proved to be a significant factor in his defeat.Alemany wrote:As Rep. Jim Jordan (R-Ohio) waged his battle to become House speaker, some House Republicans were uncomfortable with the possibility of having an election denier occupying the most powerful legislative seat in the U.S. government heading into a presidential election year.I asked Matthew Green, a political scientist at Catholic University, whether it was more significant that House Republicans could not come up with enough votes to push either Steve Scalise or Jordan over the top or that both Scalise and Jordan actually received plus or minus 200 votes each? He emailed back:I think it’s more significant that neither Scalise nor Jordan could get the votes they needed to be elected Speaker. It’s a norm for lawmakers to vote for their party’s nominee for Speaker, no matter how odious they may find that person. That the G.O.P. could not keep McCarthy in power or immediately elect a replacement, even at the risk of extended paralysis of the House and major damage to the party’s reputation, signifies just how weak and divided the Republican Conference is right now.There is little doubt that the three-week-long struggle, still unresolved, to pick a new speaker is quite likely to inflict some costs on Republicans.First and foremost, if, as appears possible, the government is forced to shut down because of a failure to reach agreement on federal spending, Republicans have set themselves up to take the fall when the public decides which party is at fault.Previous government shutdowns, especially those in 1995 and 1996, backfired on Republicans, reviving Bill Clinton’s re-election prospects to the point that he won easily in November.I asked Kevin Kosar, a senior fellow at the American Enterprise Institute, about the current situation, and he emailed back: “A failure to choose a speaker before appropriations expire and the government shutdowns — that would look bad to many voters.”The Jordan campaign for speaker may turn into a liability for Republican members in districts won by Biden in 2020.After Fitzpatrick voted for Jordan, his probable Democratic challenger, Ashley Ehasz, a West Point graduate and combat veteran, declared:Brian Fitzpatrick has campaigned on his supposed commitment to reaching across the aisle and solving problems — but time and again his votes have shown who he really is. He voted to install an anti-abortion, election-denying extremist as speaker and has made his values perfectly clear.Sue Altman, executive director of the New Jersey Working Families Alliance and the probable Democratic challenger to Kean, said, after Kean voted for Jordan:Tom Kean Jr. just voted for a man who in his personal life helped cover up sexual abuse and in his political life tried to overturn the results of the 2020 election and pass a national abortion ban. This is not the Republican Party of Tom Kean Jr.’s father, and Tom Kean Jr. has done nothing but enable the most extreme elements of his own party instead of being a voice for moderation. Jim Jordan is a radical election denier who does not represent the values of this district and Tom Kean Jr. should be ashamed of his vote.I asked Michael Olson, a political scientist at Washington University in St. Louis, about the possible costs of a Jordan vote for these 12 Republicans in Democratic-leaning seats. He replied by email:Concerns about appearing extreme should be particularly acute for these legislators. Most won by quite narrow margins. Voters do care about extremism on the margins — more extreme candidates seem to be more likely to subsequently lose — so a vote for Jordan could be a real liability in a campaign, or a vote against him a real feather in these folks’ caps as they try to establish their independent bona fides.The political calculus of these 12 Republicans is, however, complicated. Olson cited a 2023 paper, “A Good Partisan? Ideology, Loyalty and Public Evaluations of Members of Congress,” by Geoffrey Sheagley, Logan Dancey and John Henderson that reveals the difficulty of the choices facing members of Congress.Using poll data on the vote to impeach Donald Trump over the Jan. 6 insurrection, Sheagley, Dancey and Henderson write that Democrats are:More approving of a Republican representative who voted to impeach Trump. Republican respondents, however, are more approving of a conservative Republican representative and less approving of a representative who voted to impeach Trump.For a Republican deciding whether to vote for or against a Trump impeachment, the loss of support among Republican voters far outweighs the gains from Democrats: “Approval for a Republican representative who voted to impeach Trump decreases by nearly a full point on the 4-point approval scale, while support among Democrats increases by only half a point.”The political implications of this choice are, however, very different for a Republican evaluating prospects in a closed primary in which no Democrats can vote, than in the general election, when Democrats do cast ballots.I asked Dancey, a political scientist at Wesleyan, about the calculations a Republican in a Democratic district has to make and he emailed back to say that a vote against Jordan would not prove excessively costly in November:In a general election matchup where the main choice is between a Republican and a Democrat, I suspect that the vast majority of Republican voters would stick with a Republican candidate who voted against Jordan. Even if they don’t like the position the Republican took on that one vote, they won’t see the Democratic candidate as a better option.In contrast, Dancey continued,Voting for Jordan carries some risk of losing support from independents and moderate Democrats in the general election, especially since Jordan received Trump’s endorsement. Republicans running in Biden districts have incentives to create an image as a more independent-minded Republican who isn’t fully aligned with Trump.That said, Darcey wrote, “Jordan is a less high-profile figure than Trump and at this point isn’t on track to actually become speaker. As a result, I doubt this one vote will be as consequential as something like voting to impeach Trump.”Perhaps most damaging to Republicans is the perception that they are dominated by a group more determined to wreak havoc than to govern.In 2019, I looked at a small percentage of voters committed “to unleash chaos to ‘burn down’ the entire political order in the hope they gain status in the process.”The notion was salient once more on Oct. 3, when a cadre of eight Republican members of the House — led by Representative Matt Gaetz of Florida — brought down Speaker Kevin McCarthy.Gaetz evoked havoc again on Oct. 19 when he posted on X, the platform formerly known as Twitter:Ever seen a SWAMP actually drained? This Florida Man has. It’s not orderly. Turns out, the alligators & snakes get unruly when the comfort of their habitat is disrupted. Chaos doesn’t scare me. American decline does.I asked Kevin Arceneaux, a political scientist at Sciences Po Paris and lead author of the 2021 paper “Some People Just Want to Watch the World Burn: the Prevalence, Psychology and Politics of the ‘Need for Chaos,’ ” about the role of Gaetz and his seven allies. Arceneaux emailed back that he has no way of knowing, without conducting tests and interviews, how the eight “would answer the need for chaos survey items.”But, Arceneaux added, “their behavior is certainly consistent with the ‘burn-it-all-down’ mentality that we found associated with the need for chaos.”In addition, he continued,We also found that a drive to obtain status along with a sense that one’s group has lost social status increases one’s need for chaos. It would be interesting to study whether Freedom Caucus members are more preoccupied with concerns about status loss relative to other Republicans. If so, that would offer some circumstantial evidence that a need for chaos could at least partly explain their willingness to damage their own party.I asked Larry Sabato, a political scientist at the University of Virginia, for his perspective on recent events in the House. He replied by email:I’ve long thought that a party’s drift to the ideological extreme would inevitably be stopped and reversed to a certain degree by big defeats that force party voters to come to terms with pragmatic reality. These days, I’m starting to believe that Republicans moving headlong to the right may just give in to the inertia of motion and continue their lunge toward extremism until they can no longer win an overall majority. I’m not convinced of this yet, but the G.O.P. has put the idea on the table.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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    Democratic Group Steps Up Warnings Over a No Labels Third Party Bid

    A Third Way memo cites a recent polling presentation from a centrist organization, No Labels, which shows a hypothetical ticket scrambling the presidential race.The Democratic group Third Way has released a new broadside against the No Labels effort to field a third-party presidential ticket in 2024, citing a recent polling presentation that shows a hypothetical ticket scrambling a race between President Biden and former President Donald J. Trump.In a memo published Tuesday, Third Way — a center-left group — outlined what it described as a “radical new plan” by No Labels, a centrist organization, to force a contingent election by running a third-party candidate, which could cause no candidate in the race to receive 270 electoral votes. In that scenario, No Labels could theoretically bargain its electoral votes to one of the major-party candidates, or the House of Representatives would decide the presidency.The Third Way memo comes as allies of President Biden have aggressively moved to squash third party bids while warning Democrats that encouraging outsider candidacies might throw the election to Mr. Trump in what appears likely to be a rematch between the two men. The No Labels plan has been public for months, with the group’s chief strategist, Ryan Clancy, discussing preparations for a contingent election and the idea of using electoral votes “as a bargaining chip” in an interview with CNN in May. Third Way has largely taken the lead in pushing back against the idea of a so-called unity ticket, in which No Labels would secure ballot access for a centrist candidate.The key slide in No Labels’ presentation shows data from eight swing states from the polling firm HarrisX. In a two-man race, it says, Mr. Trump would lead in Arizona, Florida, Georgia and Wisconsin; Mr. Biden would lead in Pennsylvania; and Michigan, Nevada and North Carolina would be tossups, with Biden leads within the margin of error. If Mr. Biden won the tossups — or even the tossups minus Nevada — he would win the election, assuming every other state voted as it did in 2020.A No Labels ticket led by a Democrat would throw seven of the states to Mr. Trump, ensuring his election, according to the group’s data. But a No Labels ticket led by a Republican would lead in Nevada; be competitive in Arizona, Michigan, North Carolina and Wisconsin; and make Florida and Georgia tossups between Mr. Biden and Mr. Trump.These numbers are something of a Rorschach test, and are open to interpretation. In its presentation, No Labels suggests that the data indicates a third-party ticket with a Republican at the top offers the best chance at besting both Mr. Trump and Mr. Biden, even though the five states where the group’s numbers show it being competitive are worth fewer than 60 electoral votes. No third-party candidate has ever come close to winning a modern American election.Third Way, whose memo was first reported by Politico, says that the slide reflects a plan that would ensure Mr. Trump’s victory and undermine democracy and voter confidence by deliberately employing faithless electors.No Labels could “cut a deal by promising their electors’ support to whichever major-party candidate they deem more worthy,” the memo says — or the election would be decided in the House, where each state delegation would have a single vote, meaning Wyoming would have the same weight as California. “This is a new path for their third-party effort, but the destination would be the same: the election of Donald Trump,” the memo says.Republicans control more state delegations now, but the delegations that would vote would be the ones elected in 2024.“The claim that No Labels has a secret plan to throw the 2024 election to the House of Representatives is a conspiracy theorist’s fever dream,” Mr. Clancy, the group’s chief strategist, said in a statement, arguing that it planned to “win the election outright in the Electoral College” and that the polling of the eight swing states — which together account for less than half the votes it would need — showed “the path for an independent ticket to win the White House is wider now than ever before.” More