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      Why Election Denialism Might Cost Fox News $1.6 Billion

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      Rikki Novetsky and Stella Tan and Listen and follow The DailyApple Podcasts | Spotify | Stitcher | Amazon MusicAfter the 2020 election, wild theories ran rampant on the right of an election stolen from Donald Trump through a coordinated conspiracy. The news channel Fox News became one of the loudest voices amplifying these false claims into millions of U.S. households.Now, a defamation lawsuit by Dominion, a voting machine maker that was cast as a villain in these conspiracy theories, seeks to hold the media company responsible for the false claims made by its hosts and guests, presenting evidence that Fox knew what it was doing was wrong.On today’s episodeJeremy W. Peters, a correspondent for The New York Times who covers the media and its intersection with politics, culture and law.Advertisements on Sixth Avenue featuring Fox News personalities including Bret Baier, Martha MacCallum, Tucker Carlson, Laura Ingraham and Sean Hannity.Drew Angerer/Getty ImagesBackground readingHere’s what Fox News hosts said privately and publicly about voter fraud.The comments, by Tucker Carlson, Sean Hannity and others, were released as part of a defamation suit against Fox News by Dominion Voter Systems.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.Jeremy W. Peters More

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      The Colossal Corruption of the Two-Party System

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      The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More

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      Let’s All Do the DeSantis Shimmy!

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      I suppose all contemporary young politicians dream of meeting their moment. At the enthusiastic dawn of their politico careers, they entertain a fantasy that some day, as a great historical challenge looms into view, their future selves will rise to the occasion — and masterfully dodge it!They envision themselves bobbing and weaving, triangulating and feinting — filling the air with meaningless clichés so that no one knows where they stand and no one can hold them accountable. Their political career sails on, soaring upward, their electoral viability unbruised and glorious!Ron DeSantis is now trying to live out that dream.There are two dominant views on Ukraine within the Republican Party. The first one, embraced by, say, Nikki Haley and Tim Scott, holds that Russia’s assault on Ukraine threatens the liberal world order. Helping the Ukrainians push back is in America’s vital national interest.The second view, embraced by the populist wing, is that the United States has no vital national interests in Ukraine. Tucker Carlson has said he doesn’t really care what Vladimir Putin does in Ukraine. Donald Trump has suggested that the war will last longer if the United States continues to send aid.DeSantis has magically cast himself in between these two positions. In the past, DeSantis was tougher on Russia than Trump. In 2017, he noted that Putin “wants to reconstitute the Russian Empire,” and chided Trump for being too soft on Putin, saying that “you’re better off dealing with Putin by being strong.” If Putin thinks he can gain an inch, DeSantis argued, “he’s apt to take a mile.”But this week DeSantis went on “Fox & Friends,” where great statesmen have always gone to unfurl their foreign policy doctrines, and he feinted in a Trump-like direction.He said the war wouldn’t have happened if Joe Biden weren’t so weak. He said he didn’t want to give the Ukrainians a “blank check” (as if anyone does). He said Biden should be more concerned with securing the border at home and less concerned with borders far away. He minimized the threat Putin poses to the West, adding, “I don’t think it’s in our interests to be getting into a proxy war with China, getting involved over things like the borderlands or over Crimea.”It was like that Richard Gere character in the musical “Chicago” — giving them the old razzle-dazzle, even if his dance steps are more plodding. It’s not clear if DeSantis is for more Ukraine aid or not. No one can quite pin him down. Tippity tap. Tappity tip.This has been DeSantis’s general approach to Trump. He doesn’t want to take on Trump directly, so he shimmies. This month, Trump insinuated that DeSantis behaved inappropriately with high school girls while he was a teacher. Instead of slamming Trump, DeSantis shimmied. Trump calls DeSantis “Ron DeSanctimonious” and “Meatball Ron.” DeSantis glides blithely by.The problem with running a campaign in which you are trying to be Trumpy-but-not-Trump is that you’re never your own man. You have to compete with the king without crossing him. You’re always trying to find that magic sweet spot between just-MAGA and plain-crazy.If he were more of a strategic thinker and less a tactician, I think DeSantis would realize that he’s either going to have to fight Trump directly on some issue or copy him right down the line. And I think he’d realize that he’s already locked himself into a position in which he’s going to have to copy him.On Ukraine policy, for example, I suspect that DeSantis will soon be enthusiastically parroting the Trump position. I say that for two interrelated reasons.First, DeSantis, for better or worse, has hitched his wagon to the populist movement. This movement is now broad and deep in the Republican Party and has deep roots running back through American history. This movement has long been opposed to the cosmopolitan East Coast elites, has long adopted the posture that we need to pull inward and take care of our own, and is now allergic to talk about America being actively involved in preserving a liberal world order. This is where populist voters are, and this is where DeSantis, running as a populist, needs to be.Then there is Tucker Carlson. The DeSantis campaign won’t be able to survive if Carlson and the rest of the right-wing media sphere start blasting him for being a “globalist,” the way Trump already is.“Globalist” is to foreign policy what “C.R.T.” is to education. No one knows precisely what it means but everybody in MAGA-world knows it’s really bad. DeSantis has to take whatever position will get that label off his back.This week’s dancing makes me realize DeSantis is in a weaker position than I thought. The G.O.P. is evenly split on foreign policy and significantly split on whether the party should be fiery populist or more conventionally conservative. According to a Pew survey, 40 percent of Republicans think the United States is giving too much aid to Ukraine, while 41 percent believe America is giving Ukraine the right amount of aid or not enough. This data illustrates something also evident in the 2022 election results — that while there are a lot of populists in the party, there are still a lot of normie Republicans who are not.As the campaign wears on, and the debate on Ukraine continues, DeSantis will be condemned to playing Mini-Me to Trump in trying to win that populist 40 percent. Meanwhile, he’ll be cutting ties to many in the nonpopulist 41 percent. That will leave room for some normie Republican in the Brian Kemp/Tim Scott mold to rise.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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      Your Thursday Briefing: Key Meetings for Biden and Putin

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      Also, another deadly Israeli raid in the West Bank and South Korea’s fight over L.G.B.T.Q. rights.In this photograph, provided by Russian state media, President Vladimir Putin meets with China’s top foreign policy official at the Kremlin.Anton Novoderezhkin/Sputnik, via ReutersBiden and Putin build up alliancesPresident Biden met with leaders from NATO’s eastern flank in Warsaw, while President Vladimir Putin welcomed China’s top diplomat, Wang Yi, in Moscow. As Russia’s war in Ukraine appears set to drag on, both are trying to shore up allegiances.Biden reminded Eastern European leaders that they know “what’s at stake in this conflict, not just for Ukraine, but for the freedom of democracies throughout Europe and around the world.” He vowed to defend America’s NATO allies, which are most at risk from Russia’s aggression.In his talks with Wang, Putin noted that President Xi Jinping of China was expected to visit Russia, but indicated that the meeting had yet to be confirmed. The Kremlin is working to keep China in Russia’s corner amid a flurry of diplomacy across Europe by Beijing. The threat of U.S. sanctions looms if China were to increase its economic support for Russia.A pro-war rally: Putin told a crowd of tens of thousands of people gathered at a Moscow stadium that “there is a battle underway on our historical borders, for our people.” It was probably the most public celebration of war that Russia has mounted since the invasion.The battleground: A barrage of Russian missiles struck Kharkiv, in northeastern Ukraine, and nearly a dozen explosions were reported overnight in Russian-held territory, including in Mariupol, which suggests that Ukraine has increased attacks on Russian positions deep behind the front lines.The aftermath of clashes in the West Bank city of Nablus.Majdi Mohammed/Associated Press10 Palestinians killed in Israeli raidPalestinian officials said at least 10 Palestinians were killed and more than 100 others wounded in an hourslong gun battle between Israeli security forces and armed Palestinian groups in the Israeli-occupied West Bank. The region is bracing for more unrest.Israel’s military said that the rare daytime firefight occurred during an operation to arrest Palestinian gunmen in Nablus. Six of the dead were fighters, several armed Palestinian groups said. But four had no known affiliation with any armed faction. Videos circulating on social media seemed to show that at least two people were shot with their backs to gunfire.Palestinian officials say this has been the deadliest start to a year for Palestinians in the West Bank since 2000, prompting comparisons with the Palestinian insurgency known as the second intifada. Nearly 60 Palestinians have been killed so far.The State of the WarBiden’s Kyiv Visit: President Biden traveled covertly to the besieged Ukrainian capital, hoping to demonstrate American resolve and boost shellshocked Ukrainians. But the trip was also the first of several direct challenges to President Vladimir V. Putin of Russia.Contrasting Narratives: In sharply opposed speeches, Mr. Biden said Mr. Putin bore sole responsibility for the war, while Mr. Putin said Russia had invaded in self-defense. But they agreed the war would not end soon.Nuclear Treaty: Mr. Putin announced that Russia would suspend its participation in the New START nuclear arms control treaty — the last major such agreement remaining with the United States.In the North: A different sort of war game is playing out in northern Ukraine, where Russian shelling is tying up thousands of Ukrainian troops that might otherwise defend against attacks farther south.A heavy toll: Palestinians say there’s an increased readiness among Israeli soldiers to shoot to kill. Israelis attribute the high death toll to a proliferation of guns and an increased readiness among Palestinians to fire instead of surrendering. Analysts said the timing of the raids — during the day instead of during the night, when the army usually conducts its operations — was a factor. During the day, residents are more likely to get caught in the crossfire or join the clashes.A Pride event in Seoul last year.Anthony Wallace/Agence France-Presse — Getty ImagesSouth Korea’s stalled same-sex equality billL.G.B.T.Q. people in South Korea got a welcome victory this week when a court ordered the national health insurance service to provide spousal coverage to same-sex couples. But a broader bill that aims to prevent discrimination against sexual minorities is being blocked in the National Assembly.The Anti-Discrimination Act, which was first introduced decades ago, has faced tough opposition from a powerful Christian conservative lobby, despite the growing social acceptance of sexual minorities in South Korea. Opponents of the bill say their ranks are growing. They have prayed in public against the bill, flooded politicians’ phones with texts and persuaded school boards to remove books with transgender characters from libraries.Public support: A recent Gallup poll found that about 57 percent of adults in South Korea were in favor of the broader bill. Supporters see the failure to pass it as an example of how laws are out of step with the times.Region: Legislation recognizing same-sex equality has found support in other Asian countries. In Thailand, a law protecting queer rights took effect in 2015. In Taiwan, discrimination against sexual minorities has been illegal for about 15 years.THE LATEST NEWSAsia PacificThe chip maker announced the factory expansion in December.Adriana Zehbrauskas for The New York TimesA Taiwanese computer chip giant’s $40 billion investment in an Arizona factory has stoked apprehension among employees.The disappearance of Bao Fan, a deal maker in China’s tech industry, threatens to upend Beijing’s promise to support private enterprise, our columnist Li Yuan writes.A U.S. judge rejected a bid by families of Sept. 11 victims to seize $3.5 billion in frozen Afghan funds as compensation for their losses.Around the WorldA British court upheld a ruling that stripped a woman of her citizenship after she left the country to join ISIS in Syria as a teenager.The U.S. government could run out of cash by summer if it doesn’t raise the debt limit, according to a new estimate.Nearly all of the U.S. is experiencing ice, snow or unseasonably warm temperatures this week. Air travel has been disrupted.An alligator killed an 85-year-old woman on a walk with her dog in Florida.Science NewsNew research shows that PFAS compounds, linked to cancer, are turning up in wild animal species around the world.In people with advanced H.I.V., mpox has a death rate of about 15 percent, researchers reported.Scientists say a drought in Argentina last year was not directly caused by climate change, but global warming was a factor in the extreme heat that made it worse.A Morning ReadNate Ryan for The New York TimesRaghavan Iyer has by some estimations taught more Americans how to cook Indian food than anyone else. For five years, he has been living with cancer. Now, in his final days, Iyer is building a database of comfort-food recipes, organized by cuisine and medical condition, for other terminally ill patients.He’s also getting ready for the release of his final book, an exploration of curry powder, which comes out next week.ARTS AND IDEASRam Charan, left, and N.T. Rama Rao Jr., dancing during “Naatu Naatu.”DVV EntertainmentHow a dance hit came together“Naatu Naatu,” from the Indian blockbuster “RRR,” is nominated for the Academy Award for best original song, a first for an Indian production.Set in 1920s colonial India, the film features “Naatu Naatu” in a scene where two friends square off against a British bully who wants to eject them from a lawn party. The director, S.S. Rajamouli, conceived the musical number as a kind of fight sequence, with fiery steps instead of punches. (You can watch it here.)The giddy choreography and propulsive rhythm draw from local traditions. The song’s composer used Indian skin drums called duffs, whose sound he compared to the traditional beats of folk songs celebrated in villages. In Telugu, the language of the film, “naatu” means “raw and rustic.”For more: Read our review of “RRR.”PLAY, WATCH, EATWhat to CookAndrew Scrivani for The New York TimesThese vegan banana cookies are a good breakfast treat.What to Read“Sink,” a memoir, recounts a Black boyhood in Philadelphia.What to Listen toSZA’s “SOS” is now the longest-running No. 1 album by a woman since Adele’s “25” seven years ago.Where to GoSki in Sälen, a snowy Swedish fairy tale.Now Time to PlayPlay the Mini Crossword, and here’s a clue: Cried (four letters).Here are the Wordle and the Spelling Bee.You can find all our puzzles here.That’s it for today’s briefing. See you next time. — AmeliaP.S. A.O. Scott, The Times’s longtime film critic, will move to the Book Review to write essays and reviews that grapple with literature, ideas and intellectual life.“The Daily” is about U.S. moves to legalize psychedelics as a medical treatment.We welcome your feedback. Please email thoughts and suggestions to briefing@nytimes.com. More

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      Your Tuesday Briefing: Biden Travels to Kyiv

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      Also, another earthquake strikes Turkey and Syria.President Biden and Volodymyr Zelensky visited St. Michael’s monastery in downtown Kyiv.Daniel Berehulak/The New York TimesBiden’s surprise tripPresident Biden took a nearly 10-hour train ride from Poland to Ukraine’s capital to show the U.S.’s “unwavering commitment” to support Ukraine.As air-raid sirens sounded, Biden strolled in the sunshine and visited a monastery in downtown Kyiv with his host, President Volodymyr Zelensky. Biden promised $500 million in additional military aid but did not talk about the advanced weaponry that Ukraine was appealing for.“One year later, Kyiv stands,” Biden said during a news conference with Zelensky just four days ahead of the one-year mark of Russia’s invasion. “And Ukraine stands. Democracy stands.”Biden’s first trip to Ukraine since the war began was shrouded in secrecy. The U.S. alerted Russia about his plans hours before he arrived in Kyiv. Two reporters traveling with Biden agreed to keep details embargoed until the trip was over. Biden was in Kyiv for less than six hours before the Secret Service whisked him out of the city.Today: The contest between Biden and President Vladimir Putin will intensify when the two leaders deliver speeches, several hours and hundreds of miles apart. Putin will deliver a state-of-the-nation address in Moscow. Biden will speak in Warsaw.On the front line: While Russia has relied on prisoners and mercenaries to do some of its fighting, all ranks of society have been mobilized in Ukraine. Among them was a couple who shared a trench on the front line — and died in it.Xi Jinping is trying to keep Russia close and also repair ties with Western powers.Pool photo by Alexei DruzhininWill China help arm Russia?As Russian state media reported that China’s most senior foreign policy official had arrived in Moscow, Beijing bristled against the U.S. claim that it was poised to give Russia “lethal support.” Such a step would be a major shift for China and would transform the war into a struggle between three superpowers.China accused the Biden administration of spreading lies. “It’s the U.S., and not China, that has been incessantly supplying weapons to the battlefield,” a Chinese foreign ministry spokesman said, “and the U.S. is not qualified to issue any orders to China.”The State of the WarPortending a Global Rift: Secretary of State Antony J. Blinken said that China is strongly considering giving military aid to Russia, a move that would transform the war into a struggle involving three superpowers.Western Support: Nearly one year into the war, American and European leaders pledged to remain steadfast in their support for Ukraine amid worries about how long their resolve will last.Harris’s Comments: Vice President Kamala Harris declared that the United States had formally concluded that Russia had committed “crimes against humanity” in its invasion of Ukraine.A Russian Mole in Germany?: A director at Germany’s spy service was arrested on suspicion of passing intelligence to Russia. German officials and allies worry just how deep the problem goes.Beijing defended its ties to Moscow and insisted that it was a neutral observer trying only to coax Russia and Ukraine into peace talks. While China has supported Russia in nonmilitary ways, sending it weapons would deeply alarm the U.S. and Europe at a time when Beijing is trying to rebuild global ties after years of pandemic isolation.President Biden has stressed to Xi Jinping, China’s leader, that any such move would have far-reaching consequences. The warnings to China revealed that the Biden administration believes Beijing is close to crossing the line.What’s next: A Kremlin spokesman said that the Chinese official, Wang Yi, may meet with President Vladimir Putin while in Moscow.Many people are traumatized from the earlier quake.Clodagh Kilcoyne/ReutersAnother earthquake strikesA powerful new earthquake shook southern Turkey and northwestern Syria, two weeks after a powerful double tremor killed more than 46,000 people and left more than a million homeless. Here are updates.The 6.3-magnitude quake struck yesterday afternoon in Hatay Province in Turkey, an area that had already suffered widespread damage from collapsed buildings.The new quake spread panic among survivors, many of whom are staying in tents or sleeping in their cars because they remain too scared to go inside any buildings. A district mayor said that people were trapped under the debris: “People are screaming for their lives.” In Syria: People were hospitalized after being hurt in stampedes, the state-run news media reported. In rebel-held territory, the White Helmets, a local rescue organization, also reported stampedes and said people had jumped from balconies to escape buildings.U.S.-Turkey tensions: During a visit to Ankara, Antony Blinken, the U.S. Secretary of State, pledged to keep helping Turkey recover. But there were few signs of progress on disputes over F-16 sales and NATO.THE LATEST NEWSAround the WorldAmmar Awad/ReutersTens of thousands of protesters gathered in Jerusalem as Israeli lawmakers prepared to hold the first votes on bills that would curb the judiciary’s power.British police found the body of Nicola Bulley, whose disappearance prompted a national debate over privacy and the treatment of missing women.The U.S. and Canadian militaries have ended the search for the remnants of downed U.F.O.s over Alaska and northern Canada.Other Big StoriesSome pieces are believed to have once been worn by Angkor royalty.Cambodia Ministry of Culture & Fine ArtsCambodia said it had recovered 77 gold relics from the collection of a British art dealer, who died in 2020 and was accused of antiquities trafficking.Deaths in U.S. prisons rose nearly 50 percent during the pandemic’s first year, according to data examined by The Times.A doodle appears to show Leonardo da Vinci’s ideas in deconstructing gravity, long before Galileo and Newton.An alligator was found in a Brooklyn lake. It may have been someone’s pet. OpinionsBig tech companies should be liable for the illegal conduct that their platforms enable, Julia Angwin writes.Nicholas Kristof argues that the U.S. should give Ukraine all of the weaponry the country needs to end the war, despite the risk of escalation.A Morning ReadFabio Bucciarelli for The New York TimesThe Duomo, Milan’s beloved landmark, has needed constant care basically since 1386, when construction began.The cathedral is crafted from rare, pink-hued marble that is particularly fragile. Now, climate change and pollution are adding to the challenges of preservation.ARTS AND IDEASNurse burnoutThe pandemic made nursing even harder in the U.S.: Nurses are burned out and exhausted. Some have left the profession. About 43 percent are considering it, according to a recent survey by the American Nurses Foundation.“It’s hard to talk about mental health,” said Kathleen Littleton, one of several trained nurses who spoke to The Times about their challenges. “In nursing, sometimes it’s frowned upon when people say, ‘Oh I feel so burned out.’ It’s almost like a shameful way to approach it.” She now works for an insurance company.Today’s burnout could make for long-term shortages. There’s still high interest in the field, but fewer experienced nurses mean fewer opportunities for students to get in-hospital training. That, in turn, leads to nursing schools not producing enough graduates to fill the gap.PLAY, WATCH, EATWhat to CookArmando Rafael for The New York Times. Food Stylist: Simon Andrews.These coconut-stuffed pancakes are enjoyed along the western coast of India.What to ReadIn “Every Man a King,” class and racial divisions collide as a Black ex-cop investigates a kidnapping in New York City.What to Watch“All Quiet on the Western Front” won seven BAFTA awards, including best film. Read our review.HealthUse this guide to avoid harmful chemicals in beauty products.Now Time to PlayPlay the Mini Crossword, and a clue: Got rid of (four letters).Here are the Wordle and the Spelling Bee.You can find all our puzzles here.That’s it for today’s briefing. See you tomorrow. — AmeliaP.S. The Times won three George Polk Awards, two for its coverage of the war in Ukraine. I’d love to hear from you. You can write at briefing@nytimes.com. I read every note. More

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      It’s Time to Prepare for a Possible Trump Indictment

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      “We find by unanimous vote that no widespread fraud took place in the Georgia 2020 presidential election that could result in overturning that election.” With those words, a Fulton County special grand jury’s report, part of which was released Thursday, repudiated Donald Trump’s assault on our democracy.The excerpts from the report did not explicitly offer new detail on a potential indictment of Mr. Trump or any other individual. But they suggest that, combined with everything else we know, Mr. Trump may very well be headed for charges in Georgia.We need to prepare for a first in our 246-year history as a nation: The possible criminal prosecution of a former president.If Mr. Trump is charged, it will be difficult and at times even perilous for American democracy — but it is necessary to deter him and others from future attempted coups.Fani Willis, the Fulton County district attorney, may present the case as a simple and streamlined one or in a more sweeping fashion. Success is more likely assured in the simpler approach, but the fact that the redacted report has eight sections suggests a broader approach is conceivable. In either event, we must all prepare ourselves for what could be years of drama, with the pretrial, trial and appeal likely dominating the coming election season.Ms. Willis opened her investigation shortly after Mr. Trump’s Jan. 2, 2021, demand that the Georgia secretary of state, Brad Raffensperger, “find 11,780 votes.” The second impeachment of Mr. Trump and the Jan. 6 committee hearings developed additional evidence about that request for fake votes and Mr. Trump and allies pushing fake electors in Georgia and nationally. There is now abundant evidence suggesting he violated Georgia statutes, like those criminalizing the solicitation of election fraud.The parts of the special grand jury’s report revealed on Thursday only reinforce Mr. Trump’s risk of prosecution. The statement that the grand jurors found “no widespread fraud” in the presidential election eliminates Mr. Trump’s assertion that voter fraud justified his pushing state election officials. We also know that the grand jurors voted defendant by defendant and juror by juror, and set forth their recommendations on indictments and relevant statutes over seven (currently redacted) sections. The likelihood that they did that and cleared everyone is very low. And the fact that the grand jurors felt so strongly about the issues that they insisted on writing the recommendations themselves, as they emphasize, further suggests a grave purpose.Also notable is the grand jury’s recommendation of indictments, “where the evidence is compelling,” for perjury that may have been committed by one or more witnesses. It seems unlikely that Ms. Willis will let that pass.She will now decide the next steps of the case. Her statement that charging decisions were imminent came more than three weeks ago. If she does indict Mr. Trump, the two likely paths that she might take focus on the fake electoral slates and Mr. Trump’s call to Mr. Raffensperger. One is a narrower case that would likely take weeks to try; the other is a broader case that would likely take months.Narrow charges could include the Georgia felonies of solicitation of election fraud in the first degree and related general crimes like conspiracy to commit election fraud, specifically focusing on events and people who have a strong nexus with Georgia. In addition to Mr. Trump, that might include others who had direct contacts with Georgia, like his former chief of staff Mark Meadows and his attorneys John C. Eastman and Rudolph W. Giuliani (who already received a “target” notification from Ms. Willis warning him that he may be charged). Such a case would focus on activities around the execution of the fake electoral slates on Dec. 14, 2020, followed by the conversation with Mr. Raffensperger on Jan. 2, rooting it in Georgia and avoiding events nationally except to the extent absolutely necessary.Or Ms. Willis could charge the case more broadly, adding sweeping state Racketeer Influenced and Corrupt Organizations, or RICO, charges that could still include the impact of the conduct in Georgia but bring in more of a nationwide conspiracy. This would look more like the Jan. 6 investigation, albeit with a strong Georgia flavor. It could additionally include those who appeared to have lesser contact with Georgia but were part of national efforts including the state, like the Trump campaign attorney Kenneth Chesebro and the Justice Department official Jeffrey Clark.A more narrow case might make slightly more sense: Given the extraordinary circumstances around it, Ms. Willis will surely have her hands full. And it will feature a likely lead defendant who has demonstrated his propensity for legal circuses — coming in the midst of a heated political season no less.That said, Ms. Willis has a proven propensity for bringing and winning RICO cases. And as we have learned in our criminal trial work, sometimes juries are more responsive to grander narratives that command their attention — and outrage.Whether it’s simple or broad, if a case is opened, one thing is nearly certain: It’s going to take a while, probably the better part of the next two years, and perhaps longer. We would surely see a flurry of legal filings from Mr. Trump, which while often meritless nevertheless take time. Here the battle would likely be waged around pretrial motions and appeals by Mr. Trump arguing, as he has done in other cases, that he was acting in his official presidential capacity and so is immune.That challenge, though not persuasive at all in our view, will almost certainly delay a trial by months. Other likely sallies are that the case should be removed to federal court (it shouldn’t); that he relied on the advice of counsel in good faith (he didn’t); or that his action was protected by the First Amendment (it wasn’t).Even if the courts work at the relatively rapid pace of other high-profile presidential cases, we would still be talking about months of delay. In both U.S. v. Nixon and Thompson v. Trump, about three months were consumed from the first filing of the cases to the final rejection of presidential arguments by the U.S. Supreme Court. In this case, there would be more issues, which would be likely to require additional time. At the earliest, Ms. Willis would be looking at a trial toward the end of 2023. Even on that aggressive schedule, appeals would not be concluded until the end of 2024 or beyond.Needless to say, this would have a profound impact on the election season. It would feature a national conversation about what it means for a former president to be prosecuted, and it would no doubt have unexpected consequences.Still, the debate is worth having, and the risks are worth taking. The core American idea is that no one is above the law. If there is serious evidence of crimes, then a former president should face the same consequences as anyone else. If we do not hold accountable those who engage in this kind of misconduct, it will recur.It would be the trial of the 21st century, no doubt a long and bumpy ride — but a necessary one for American democracy.Norman Eisen was special counsel to the House Judiciary Committee during the first impeachment of Donald Trump. E. Danya Perry is a former federal prosecutor and New York State corruption investigator. Amy Lee Copeland, a former federal prosecutor, is a criminal defense and appellate attorney in Savannah, Ga.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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      ‘Nikki Haley Will Not Be the Next President’: Our Columnists Weigh In

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      With candidates entering the 2024 presidential race, Times columnists and Opinion writers are starting a scorecard assessing their strengths and weaknesses. We rate the candidates on a scale of 1 to 10: 1 means the candidate will probably drop out before any actual caucus or primary voting; 10 means the candidate has a very strong chance of accepting the party’s nomination next summer. We begin with Nikki Haley, the former governor of South Carolina and United Nations ambassador in the Trump administration, who announced her bid for the Republican nomination on Tuesday.How seriously should we take Nikki Haley’s candidacy?David Brooks In a normal party, she would have to be taken seriously. She’s politically skilled, has never lost an election, has domestic and foreign policy experience, has been a popular governor, is about as conservative as the median G.O.P. voter and is running on an implicit platform: Let’s end the chaos and be populist but sensible. The question is, is the G.O.P. becoming once again a normal party?Jane Coaston To borrow a phrase, we should take it extremely literally but not seriously. She is indeed running for president. But Nikki Haley will not be the next president of the United States of America.Ross Douthat Much less seriously than the likely front-running candidacies of Donald Trump and Ron DeSantis, and somewhat less seriously than the likely also-ran candidacy of Mike Pence. Which means that barring a scenario where at least two of those three men don’t catch fire, not particularly seriously at all.David French The Republican race is best summed up as two individuals (Trump and DeSantis) and a field. Maybe a third candidate can emerge from the field, and maybe that person can be Haley — a decent reason to take her seriously — but we need to see evidence of independent traction.Michelle Goldberg Not very. I can’t imagine who she thinks her constituency is. A video teasing her candidacy starts with a spiel by the neocon Reagan official Jeane Kirkpatrick. Talk about nailing the zeitgeist!Rosie Gray Haley handled the Trump years more deftly than most. She never allowed herself to be dragged into anything too embarrassing or scandalous and didn’t fall victim to vicious Trump world back-stabbing. But she probably isn’t the kind of candidate who can get through a Republican presidential primary. Shrewd as she has been, she can’t plausibly reinvent herself as a 2023 outrage merchant.Liz Mair She could be the next vice president. That’s the reason to take her seriously.Mike Madrid I don’t see Haley as a serious candidate for the presidency or the vice presidency. She brings nothing demographically or ideologically to the G.O.P. that it doesn’t already have. But it is a serious attempt to maintain her relevance in the Republican hierarchy as a nonwhite woman willing to take a cabinet position or appointment to reassure primary voters that they aren’t actually a bunch of monolithic white people.Daniel McCarthy The interventionist foreign policy that Ambassador Haley has made her signature theme in recent years is unlikely to resonate in an America First party.Bret Stephens Seriously. Last month, Haley gave a speech to an association of auto dealers — the kind of audience any G.O.P. candidate needs to win over. Someone who was in attendance told me she got three thunderous standing ovations. It’s said of Ron DeSantis that the closer you get to him, the less you like him. Haley is the opposite. She still has work to do to win over other core Republican constituencies (above all, evangelicals and Trump sympathizers), but nobody should underestimate her appeal. She looks like a winner to a party that’s desperate to win.What matters most about her as a presidential candidate?Brooks If Trump and DeSantis compete in the Trumpy lane, there will be room for a normie candidate to oppose them. She’s more charismatic than Pence or Mike Pompeo, more conservative than Larry Hogan or Chris Sununu. Her problem is South Carolina. She’ll get no credit for winning that early primary, and it will be devastating to her campaign if she loses.Coaston Haley ought to be an interesting candidate — daughter of immigrants, former governor of a state experiencing big population shifts, a U.N. ambassador — but she seems to have no real basis to run for office. She’s not a populist, and she’s not a culture warrior.Douthat Her possible ability to split off a (small) piece of the non-Trump vote in early primaries, helping him to the nomination if those primaries are extremely close.French She’s a conventional Republican. If no one like her can gain traction, it will be a decisive signal that the Republican base has fundamentally transformed and traditional ideological conservatives are at best an imperfect fit for the G.O.P.Goldberg It will be interesting to see if Trump tries to destroy her right away as a warning to others, or holds off since he’s likely to fare best in a fractured field, with Haley pulling enough votes away from DeSantis to give the nomination to Trump. The more candidates there are, the more likely Trump is to win with a plurality.Gray Not so long ago, the Republican National Committee was predicting continued electoral doom unless the party expanded beyond its mostly white base. So Marco Rubio threw himself into the failed Gang of Eight immigration bill; Paul Ryan went on a listening tour of poor urban communities; and Haley had the Confederate flag removed from the State Capitol grounds. For a time, Trump seemed to upend any hope that these savvy rising stars had of one day reaching the White House. Haley’s candidacy will test that assumption, and that’s why she matters. Did Trump stamp out the ambitions of her generation for good, putting an end to the dream of a friendlier, more moderate Republican Party? Or did he merely put those ambitions on hold?Madrid Over 70 percent of Republican primary voters are white, so her candidacy will test the viability of a nonwhite candidate.Mair She has foreign policy and national security experience, which DeSantis does not. Trump can claim to have that kind of experience, but for many people, all it amounts to is keeping classified documents he shouldn’t have had, coddling up to dictators and autocrats, being softer on China than a lot of Republicans would like and other national security failures. Less substantively, she’s a woman of color, and Republican primary voters would love a chance to show that there are indeed nonwhite people and women who think just like they do (this is something a lot of primary voters are a bit neurotic about, and Haley knows it).McCarthy She’s the running mate they wish John McCain had in 2008, the kind of Republican the party thought it needed to appeal to a less white, more educated and firmly feminist America. But Trump changed the dream of the G.O.P.’s destiny: appealing to the working class, rather than to a wider ethnic profile within the class of educated professionals, is what Republicans voters now expect. Haley is too representative of the party elite’s desires to be seen as a plausible tribune of the working class.Stephens If the subtext of a DeSantis candidacy is that he is Trump shorn of the former president’s personal flaws, the subtext of Haley’s is that she is the Republican Party shorn of the former president. A woman, a minority, an immigrant background, a self-made person: Without having to say a word, she embodies everything Trump’s vision of America isn’t. She also would be less vulnerable to Democratic attack lines about Republican bigotry.What do you find most inspiring — or unsettling — about her vision for America?Brooks Her immigrant story is a good one, her decision to get rid of the Confederate flag showed common decency. On the other hand, there was an awful lot of complicity and silence when she served under Trump.Coaston I would ask … what vision for America? What exactly is Haley offering that is distinctly different from the Generic Republican that Donald Trump (whom she reportedly asked first before deciding to announce her candidacy) became? She is selling the idea that she is somehow both distinct enough to separate herself from the former president she continues to support and similar enough to win the nomination with this Republican Party. I don’t buy it.Douthat She has generally offered herself as the candidate of Reaganite bromides and as a potential vehicle for members of the Republican gentry who wish the Trump era had never happened but don’t particularly want to have any unpleasant fights about it. That’s a vision that’s neither inspiring nor unsettling; it’s just dull and useless and unlikely to take her anywhere.French Haley is right about the most important issues facing the free world. The United States should aggressively support Ukraine, and it should aggressively compete with China and deter Chinese aggression. What’s unsettling about her is that, like many Republicans, she never seemed to figure out quite how to handle Trump and constantly flipped and flopped between confrontation and accommodation. Yet her vacillation may be the key to her potential viability. Her back-and-forth on Trump mirrors the back-and-forth of many rank-and-file Republicans. They could perhaps see themselves in her.Goldberg She’s such a hollow figure that it’s impossible to say what her vision is. “What I’ve heard again and again is that Haley’s raw skills obscure an absence of core beliefs and a lack of tactical thinking,” Tim Alberta wrote in a great profile of her in 2021. She’d most likely pursue a hawkish foreign policy, though, so she could be the candidate of those nostalgic for the George W. Bush administration.Gray Haley might be the last person in American politics still quoting Sheryl Sandberg. “We are leaning in,” Haley told Sean Hannity last month. “It is time for a new generation. It is time for more leadership.” But at 51, she’s part of a political generation that can hardly be considered “new.” Her candidacy feels trapped in the post-Tea Party, mid-Obama administration era when she rose to prominence.Madrid Haley will be the first of many candidates trying to connect with Trump’s populist base while also resurrecting the establishment infrastructure that capitulated to him. If she can explain that she was against him before she was for him and now is against him again in a way that wins over voters and reassures party leaders, it may be inspiring for the sliver of Republicans who still maintain the party can return to the Reagan-Bush days, and unsettling for everyone else.Mair It’s not clear to me what her vision is for America. She has alternated between praising and defending Trump and Trumpism and critiquing him and it.McCarthy What’s unsettling is that her vision is a prepackaged failure. She was a moderately conservative governor and something of a soft libertarian at a time when an aggressive neoconservatism was dominant in the G.O.P. But when she took to the national stage she proved unable to distinguish between the tough realism of Jeane Kirkpatrick and the tough-sounding but inept idealism of the George W. Bush administration. She imbibed Robert Kagan when she should have studied George Kennan.Stephens There are two dueling G.O.P. visions for America: the “Fortress America” vision, of a nation besieged by undesirable immigrants and undermined by undesirable globalists, and a “City on a Hill” vision, of a nation whose powers of attraction are its greatest strength. Haley strikes me as leaning much closer to the second vision, at least within the broader parameters of conservative thinking.Imagine you’re a G.O.P. operative or campaign manager. What’s your elevator pitch for a Haley candidacy?Brooks Every wing of the party would accept her, at least as its second choice, if the top choice falters. It’s not an inspiring strategy, but it has worked for others — not the least of which a certain A. Lincoln.Coaston Remember when Republicans seemed hinged? Nikki Haley remembers.Douthat A charismatic female candidate with a vague platform and banal record is all we need to take a time machine back to the politics of 1988.Goldberg She’s canny, poised and doesn’t come off as crazy, so could be formidable in the general election.French She can beat Joe Biden!Gray Haley has already been out there making her own elevator pitch for her candidacy: “We have lost the last seven out of eight popular votes for president,” she told Sean Hannity last month. “It is time that we get a Republican in there that can lead and that can win a general election.”Madrid Nikki Haley has the establishment experience to beat the establishment.Mair No one should underestimate the appeal of a nonwhite, female conservative candidate to old, conservative, white, die-hard G.O.P. primary voters, and she’s not another white conservative dude.McCarthy Did you ever wish Hillary Clinton was a Republican? Now she is!Stephens If she can win the nomination, she will win the general election.On a scale of 1 to 10, how would you rank Nikki Haley’s potential as a presidential candidate? Share your ranking — and your reasoning for it — in the comments. (1 means she will drop out early; 10 means she has a strong chance of accepting the nomination.)David Brooks, Ross Douthat, David French, Michelle Goldberg and Bret Stephens are Times columnists.Jane Coaston is a Times Opinion writer.Rosie Gray (@RosieGray) has covered the conservative movement for more than a decade as a political reporter for BuzzFeed News and The Atlantic.Mike Madrid is a Republican political consultant and a co-founder of the Lincoln Project.Liz Mair (@LizMair) has served as a campaign strategist for Scott Walker, Roy Blunt, Rand Paul, Carly Fiorina and Rick Perry. She is the founder and president of Mair Strategies.Daniel McCarthy is the editor of “Modern Age: A Conservative Review.”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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      Barr and Durham Made a Mockery of the Rules I Wrote

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      The recent revelations about Special Counsel John H. Durham’s investigation of the origins of Robert Mueller’s Russia inquiry paint a bleak picture — one that’s thoroughly at odds with governing law. Those rules, called the Special Counsel Regulations, contemplate someone independent of the attorney general who can reassure the public that justice is being done.I drafted those guidelines as a young Justice Department official, and there is zero chance that anyone involved in the process, as it was reported on by The New York Times, would think that former Attorney General William Barr or Mr. Durham acted appropriately.According to the report, Mr. Barr granted Mr. Durham special counsel status to dig into a theory that the Russia investigation likely emerged from a conspiracy by intelligence or law enforcement agencies. That investigation took almost four years (longer than Mr. Mueller’s inquiry) and appears to be ending soon without any hint of a deep state plot against Mr. Trump.Furthermore, the reporting suggests that the Durham inquiry suffered from internal dissent and ethical disputes as it lurched from one unsuccessful path to another, even as Americans heard a misleading narrative of its progress.But now Merrick Garland, not Mr. Barr, is the attorney general, and the regulations give him the power to require Mr. Durham to explain himself — and to discipline and fire Mr. Durham if the explanation is not adequate. Right now, there are a plethora of investigations in Washington — in addition to Mr. Durham’s, two special counsels are looking into presidential handling of classified documents, the new Republican House of Representatives has created a “weaponization” of government committee and the new House Oversight Committee is ramping up as well.At this moment, it is critical for Mr. Garland to use the supervisory powers under the Special Counsel Regulations that govern Mr. Durham to remind Americans of what actual justice, and independent investigations and decision making, look like.The special counsel regulations say that a special counsel must have “a reputation for integrity and impartial decisionmaking” and that, once appointed, the counsel “shall not be subject to the day-to-day supervision” of the attorney general or any other Justice Department official.The point of the regulations was to create a strong degree of independence, especially in highly fraught political investigations where the attorney general’s status as a presidential appointee might cause the public to question the appearance of partiality. The appointment of Robert Hur, a former Trump-appointed U.S. attorney, to examine President Biden’s handling of classified documents is a perfect illustration. The special counsel is supposed to be someone who cannot be reasonably accused of laundering an attorney general’s dirty work.In light of the new reporting, it is hard to view Mr. Durham as anything else. Indeed, no one involved in developing these regulations thought that a prosecutor who has regular scotch-sipping sessions with the attorney general would ever be remotely fit for the job. Yet that was the relationship reportedly developed by Mr. Durham and Mr. Barr, who jetted off to Italy as a team, where they learned of a lead about President Trump and potential criminal acts. Mr. Barr gave that investigation, too, to Mr. Durham, where it appears to have died.The regulations were set up to avoid a headless fourth branch of government, and so gave the attorney general the power to discipline or fire a special counsel. The Justice Department inspector general, too, should immediately begin an investigation, as members of Congress have recently requested.The regulations also require Mr. Durham to write a final report outlining his actions. Mr. Garland should call for that report immediately, and if Mr. Durham claims he has some ongoing work to do, he should be told to submit an interim report for Mr. Garland.That report should go into detail about the Italy-focused investigation of Mr. Trump and what the investigators found. And Mr. Garland should scrutinize that report closely, because it certainly appears that we can’t trust Mr. Durham’s prosecutorial judgment. Mr. Barr has said that the Italian tip “was not directly about Trump” and that it “turned out to be a complete nonissue,” but given his and Mr. Durham’s many failures and obfuscations, there is a need for more than Mr. Barr’s word.Remember, Mr. Durham tried to prosecute Michael Sussmann, a former lawyer for Hillary Clinton’s campaign, but the jury acquitted him. He then tried to prosecute Igor Danchenko about the Steele Dossier, but that prosecution led to an acquittal, too.As many lawyers will tell you, a federal prosecutor almost has to go out of his way to be 0-2 in federal jury trials. Mr. Durham managed to do it. (His only measly conviction was a minor plea for a low-level F.B.I. lawyer.) Still, Mr. Durham’s failures in court do not show a violation of the special counsel regulations. They just show bad judgment.Attorney General William Barr with Donald Trump in front of the Capitol building in 2019.Doug Mills/The New York TimesMr. Garland knows all this, so he should demand a report — though this would not be the sort of report that should be automatically made public. It may very well be that the investigation into Mr. Trump off the Italian lead fizzled because there was nothing to the allegations. If so, Mr. Garland can say that he is refusing to make the report public, but that he has looked into the matter and is satisfied by Mr. Durham’s resolution of it.That, too, is something the special counsel regulations contemplated — they were drafted after the Starr Report and its gratuitous tarnishing of individuals, and so they made clear the special counsel’s report need not be public. (More recently, James Comey tarnished Hillary Clinton in a similar way, underscoring the need for the Justice Department to speak through indictments, not public attacks.)Unfortunately, Mr. Durham and Mr. Barr allowed a misleading narrative to gain traction in public. When news organizations began to report in October 2019 that Mr. Durham’s investigation had morphed from an administrative inquiry into a criminal investigation, creating the misimpression that there might have been criminal wrongdoing by those involved in the Russia investigation, neither man corrected the narrative, even though the real investigation involved Mr. Trump.The Trump administration dealt an awful blow to the notion of a fair investigation. Mr. Trump’s playbook was to relentlessly attack the investigators. Yet foundational to our government is the notion that no one is above the law.Assuming the reporting is accurate, Mr. Barr and Mr. Durham behaved in a way that betrayed this bedrock principle. The question of who guards the guardians has plagued democracies since Juvenal. If Mr. Durham were not acting with the independence required for the position, it corrodes the rule of law and opens the door to the perception, if not the reality, of special treatment for the politically powerful.Mr. Garland has the power now to examine the accuracy of the reporting and to take the corrective action necessary to ensure that no adverse precedent is set for future investigations into high-level wrongdoing.Neal K. Katyal is a professor at Georgetown University Law Center and a co-author, with Sam Koppelman, of “Impeach: The Case Against Donald Trump.” He was an acting solicitor general in the Obama administration.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