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    How Democrats Can Win the Morality Wars

    I’m a fan of FiveThirtyEight, a website that looks at policy issues from a data-heavy perspective, but everyone publishes a clunker once in a while. In February, FiveThirtyEight ran a piece called “Why Democrats Keep Losing Culture Wars.” The core assertion was that Republicans prevail because a lot of Americans are ignorant about issues like abortion and school curriculum, and they believe the lies the right feeds them. The essay had a very heavy “deplorables are idiots” vibe.Nate Hochman, writing in the conservative National Review, recognized a hanging curve when he saw one and he walloped the piece. He noted that “all the ‘experts’ that the FiveThirtyEight writers cite in their piece are invested in believing that the progressive worldview is the objective one, and that any deviations from it are the result of irrational or insidious impulses in the electorate.”He added: “All this is a perfect example of why the left’s cultural aggression is alienating to so many voters. Progressive elites are plagued by an inability to understand the nature and function of social issues in American life as anything other than a battle between the forces of truth and justice on one side and those of ignorance and bigotry on the other.”There’s a lot of truth to that. The essence of good citizenship in a democratic society is to spend time with those who disagree with you so you can understand their best arguments.But over the last few decades, as Republicans have been using cultural issues to rally support more and more, Democrats have understood what’s going on less and less. Many progressives have developed an inability to see how good and wise people could be on the other side, a lazy tendency to assume that anybody who’s not a social progressive must be a racist or a misogynist, a tendency to think the culture wars are merely a distraction Republican politicians kick up to divert attention from the real issues, like economics — as if the moral health of society was some trivial sideshow.Even worse, many progressives have been blind to their own cultural power. Liberals dominate the elite cultural institutions — the universities, much of the mainstream news media, entertainment, many of the big nonprofits — and many do not seem to understand how infuriatingly condescending it looks when they describe their opponents as rubes and bigots.The Republican Party capitalizes on this. Some days it seems as if this is the only thing the party does. For example, Republican candidates could probably cruise to victory in this fall’s elections just by talking about inflation. Instead, many are doubling down on the sort of cultural issues that helped propel Glenn Youngkin to the governor’s office in Virginia.They’re doing it because many Americans believe the moral fabric of society is fraying, and the Republican messages on this resonate. In a recent Fox News poll, 60 percent of Hispanic respondents favored laws that would bar teachers from discussing sexual orientation or gender identity with students before the fourth grade. Nearly three-quarters of American voters are very or extremely concerned about “what’s taught in public schools.”Documents this year from the Democratic Congressional Campaign Committee recognized that the Republican culture war issues are “alarmingly potent” and that some battleground state voters think the Democrats are “preachy” and “judgmental.”The fact is the culture wars are not a struggle between the enlightened few and the ignorant and bigoted masses. They are a tension between two legitimate moral traditions. Democrats will never prevail on social issues unless they understand the nature of the struggle.In the hurly-burly of everyday life, very few of us think about systemic moral philosophies. But deep down we are formed by moral ecologies we are raised within or choose, systems of thought and feeling that go back centuries. We may think we are making up our own minds about things, but usually our judgments and moral sentiments are shaped by these long moral traditions.In this essay I’m going to try to offer a respectful version of the two rival moral traditions that undergird our morality wars. I’ll try to summarize the strengths and weaknesses of each. I’ll also try to point to the opportunities Democrats now have to create a governing majority on social and cultural matters.***The phrase “moral freedom” captures a prominent progressive moral tradition. It recognizes the individual conscience as the ultimate authority and holds that in a diverse society, each person should have the right to lead her own authentic life and make up her own mind about moral matters. If a woman decides to get an abortion, then we should respect her freedom of choice. If a teenager concludes they are nonbinary, or decides to transition to another gender, then we should celebrate their efforts to live a life that is authentic to who they really are.In this ethos society would be rich with a great diversity of human types.This ethos has a pretty clear sense of right and wrong. It is wrong to try to impose your morality or your religious faith on others. Society goes wrong when it prevents gay people from marrying who they want, when it restricts the choices women can make, when it demeans transgender people by restricting where they can go to the bathroom and what sports they can play after school.This moral freedom ethos has made modern life better in a variety of ways. There are now fewer restrictions that repress and discriminate against people from marginalized groups. Women have more social freedom to craft their own lives and to be respected for the choices they make. People in the L.G.B.T.Q. communities have greater opportunities to lead open and flourishing lives. There’s less conformity. There’s more tolerance for different lifestyles. There’s less repression and more openness about sex. People have more freedom to discover and express their true selves.However, there are weaknesses. The moral freedom ethos puts tremendous emphasis on individual conscience and freedom of choice. Can a society thrive if there is no shared moral order? The tremendous emphasis on self-fulfillment means that all relationships are voluntary. Marriage is transformed from a permanent covenant to an institution in which two people support each other on their respective journeys to self-fulfillment. What happens when people are free to leave their commitments based on some momentary vision of their own needs?If people find their moral beliefs by turning inward, the philosopher Charles Taylor warned, they may lose contact with what he called the “horizons of significance,” the standards of truth, beauty and moral excellence that are handed down by tradition, history or God.A lot of people will revert to what the philosopher Alasdair MacIntyre calls “emotivism”: What is morally right is what feels right to me. Emotivism has a tendency to devolve into a bland mediocrity and self-indulgence. If we’re all creating our own moral criteria based on feelings, we’re probably going to grade ourselves on a forgiving curve.Self-created identities are also fragile. We need to have our identities constantly affirmed by others if we are to feel secure. People who live within this moral ecology are going to be hypersensitive to sleights that they perceive as oppression. Politics devolves into identity wars, as different identities seek recognition over the others.The critics of moral freedom say that while it opens up lifestyle choices, it also devolves into what Zygmunt Bauman calls “liquid modernity.” When everybody defines his own values, the basic categories of life turn fluid. You wind up in a world in which a Supreme Court nominee like Ketanji Brown Jackson has to dodge the seemingly basic question of what a woman is. I don’t blame her. I don’t know how to answer that question anymore, either.Under the sway of the moral freedom ethos, the left has generally won the identity wars but lost the cosmology wars. America has moved left on feminist and L.G.B.T.Q. issues and is much more tolerant of diverse lifestyles. But many Americans don’t quite trust Democrats to tend the moral fabric that binds us all together. They worry that the left threatens our national narratives as well as religious institutions and the family, which are the seedbeds of virtue.***The conservative moral tradition has a very different conception of human nature, the world and how the good society is formed. I’ll call it “you are not your own,” after the recent book by the English professor and Christian author Alan Noble.People who subscribe to this worldview believe that individuals are embedded in a larger and pre-existing moral order in which there is objective moral truth, independent of the knower. As Charles Taylor summarizes the ethos, “independent of my will there is something noble, courageous and hence significant in giving shape to my own life.”In this ethos, ultimate authority is outside the self. For many people who share this worldview, the ultimate source of authority is God’s truth, as revealed in Scripture. For others, the ultimate moral authority is the community and its traditions.We’re in a different moral world here, with emphasis on obedience, dependence, deference and supplication. This moral tradition has a loftier vision of perfect good, but it takes a dimmer view of human nature: Left to their own devices, people will tend to be selfish and shortsighted. They will rebel against the established order and seek autonomy. If a person does not submit to the moral order of the universe — or the community — he may become self-destructive, a slave to his own passions.The healthier life is one lived within limits — limits imposed by God’s commandments, by the customs and sacred truths of a culture and its institutions. These limits on choice root you so you have a secure identity and secure attachments. They enforce habits that slowly turn into virtues.In the “moral freedom” world you have to be free to realize your highest moral potential.In the “you are not your own” world you must be morally formed by institutions before you are capable of handling freedom. In this world there are certain fixed categories. Male and female are essential categories of personhood. In this ethos there are limits on freedom of choice. You don’t get to choose to abort your fetus, because that fetus is not just cells that belong to you. That fetus belongs to that which brings forth life.Researchers Jesse Graham, Jonathan Haidt and Brian Nosek found that liberals are powerfully moved to heal pain and prevent cruelty. Conservatives, they discovered, are more attuned than liberals to the moral foundations that preserve a stable social order. They highly value loyalty and are sensitive to betrayal. They value authority and are sensitive to subversion.The strengths of this moral tradition are pretty obvious. It gives people unconditional attachments and a series of rituals and practices that morally form individuals.The weaknesses of this tradition are pretty obvious, too. It can lead to rigid moral codes that people with power use to justify systems of oppression. This ethos leads to a lot of othering — people not in our moral order are inferior and can be conquered and oppressed.But the big problem today with the “you are not your own” ethos is that fewer and fewer people believe in it. Fewer and fewer people in the United States believe in God. And more Americans of all stripes have abandoned the submissive, surrendering, dependent concept of the self.This is the ultimate crisis on the right. Many conservatives say there is an objective moral order that demands obedience, but they’ve been formed by America’s prevailing autonomy culture, just like everybody else. In practice, they don’t actually want to surrender obediently to a force outside themselves; they want to make up their own minds. The autonomous self has triumphed across the political spectrum, on the left where it makes sense, and also on the right, where it doesn’t.***Both of these moral traditions have deep intellectual and historical roots. Both have a place in any pluralistic society. Right now, the conservative world looks politically strong, but it is existentially in crisis. Republicans will probably do extremely well in the 2022 midterms. But conservatism, especially Christian conservatism, is coming apart.Conservative Christians feel they are under massive assault from progressive cultural elites. Small-town traditionalists feel their entire way of life is being threatened by globalism and much else. They perceive that they are losing power as a cultural force. Many in the younger generations have little use for their god, their traditional rooted communities and their values.This has produced a moral panic. Consumed by the passion of the culture wars, many traditionalists and conservative Christians have adopted a hypermasculine warrior ethos diametrically opposed to the Sermon on the Mount moral order they claim as their guide. Unable to get people to embrace their moral order through suasion, they now seek to impose their moral order through politics. A movement that claims to make God their god now makes politics god. What was once a faith is now mostly a tribe.This moral panic has divided the traditionalist world, especially the Christian part of it, a division that has, for example, been described in different ways by me, by my Times colleague Ruth Graham and by Tim Alberta in The Atlantic. Millions of Americans who subscribe to the “you are not your own” ethos are appalled by what the Republican Party has become.So is there room in the Democratic Party for people who don’t subscribe to the progressive moral tradition but are appalled by what conservatism has become?First, will Democrats allow people to practice their faith even if some tenets of that faith conflict with progressive principles? For example, two bills in Congress demonstrate that clash. They both would amend federal civil rights law to require fair treatment of L.G.B.T.Q. people in housing, employment and other realms of life. One, the Fairness for All Act, would allow for substantial exceptions for religious institutions. A Catholic hospital, say, wouldn’t be compelled to offer gender transition surgeries. The other, the Equality Act, would override existing law that prevents the federal government from substantially burdening individuals’ exercise of religion without a compelling government interest.Right now, Democrats generally support the latter bill and oppose the former. But supporting the Fairness for All Act, which seeks to fight discrimination while leaving space for religious freedom, would send a strong signal to millions of wavering believers, and it would be good for America.Second, will Democrats stand up to the more radical cultural elements in their own coalition? Jonathan Rauch was an early champion of gay and lesbian rights. In an article in American Purpose, he notes that one wing of the movement saw gay rights as not a left-wing issue but a matter of human dignity. A more radical wing celebrated cultural transgression and disdained bourgeois morality. Ultimately, the gay rights movement triumphed in the court of public opinion when the nonradicals won and it became attached to the two essential bourgeois institutions — marriage and the military.Rauch argues that, similarly, the transgender rights movement has become entangled with ideas that are extraneous to the cause of transgender rights. Ideas like: Both gender and sex are chosen identities and denying or disputing that belief amounts is violence. Democrats would make great strides if they could champion transgender rights while not insisting upon these extraneous moral assertions that many people reject.The third question is, will Democrats realize that both moral traditions need each other? As usual, politics is a competition between partial truths. The moral freedom ethos, like liberalism generally, is wonderful in many respects, but liberal societies need nonliberal institutions if they are to thrive.America needs institutions built on the “you are not your own” ethos to create social bonds that are more permanent than individual choice. It needs that ethos to counter the me-centric, narcissistic tendencies in our culture. It needs that ethos to preserve a sense of the sacred, the idea that there are some truths so transcendentally right that they are absolutely true in all circumstances. It needs that ethos in order to pass along the sort of moral sensibilities that one finds in, say, Abraham Lincoln’s Second Inaugural Address — that people and nations have to pay for the wages of sin, that charity toward all is the right posture, that firmness in keeping with the right always has to be accompanied by humility about how much we can ever see of the right.Finally, we need this ethos, because morality is not only an individual thing; it’s something between people that binds us together. Even individualistic progressives say it takes a village to raise a child, but the village needs to have a shared moral sense of how to raise it.I’ll end on a personal note. I was raised in Lower Manhattan and was shaped by the progressive moral values that prevailed in the late 1960s and the 1970s. But as I’ve grown older I’ve come to see more and more wisdom in the “you are not your own” tradition.Is there room for people like us in the Democratic Party? Most days I think yes. Some days I’m not sure.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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    States Turn to Tax Cuts as Inflation Stays Hot

    WASHINGTON — In Kansas, the Democratic governor has been pushing to slash the state’s grocery sales tax. Last month, New Mexico lawmakers provided $1,000 tax rebates to households hobbled by high gas prices. Legislatures in Iowa, Indiana and Idaho have all cut state income taxes this year.A combination of flush state budget coffers and rapid inflation has lawmakers across the country looking for ways to ease the pain of rising prices, with nearly three dozen states enacting or considering some form of tax relief, according to the Tax Foundation, a right-leaning think tank.The efforts are blurring typical party lines when it comes to tax policy. In many cases, Democrats are joining Republicans in supporting permanently lower taxes or temporary cuts, including for high earners.But while the policies are aimed at helping Americans weather the fastest pace of inflation in 40 years, economists warn that, paradoxically, cutting taxes could exacerbate the very problem lawmakers are trying to address. By putting more money in people’s pockets, policymakers risk further stimulating already rampant consumer demand, pushing prices higher nationally.Jason Furman, an economist at Harvard University who was an economic adviser under the Obama administration, said that the United States economy was producing at full capacity right now and that any additional spending power would only drive up demand and prices. But when it comes to cutting taxes, he acknowledged, the incentives for states do not always appear to be aligned with what is best for the national economy.“I think all these tax cuts in states are adding to inflation,” Mr. Furman said. “The problem is, from any governor’s perspective, a lot of the inflation it is adding is nationwide and a lot of the benefits of the tax cuts are to the states.”States are awash in cash after a faster-than-expected economic rebound in 2021 and a $350 billion infusion of stimulus funds that Congress allocated to states and cities last year. While the Biden administration has restricted states from using relief money to directly subsidize tax cuts, many governments have been able to find budgetary workarounds to do just that without violating the rules.Last week, Gov. Ron DeSantis of Florida signed a $1.2 billion tax cut that was made possible by budget surpluses. The state’s coffers were bolstered by $8.8 billion in federal pandemic relief money. Mr. DeSantis, a Republican, hailed the tax cuts as the largest in the state’s history.“Florida’s economy has consistently outpaced the nation, but we are still fighting against inflationary policies imposed on us by the Biden administration,” he said.Adding to the urgency is the political calendar: Many governors and state legislators face elections in November, and voters have made clear they are concerned about rising prices for gas, food and rent.“It’s very difficult for policymakers to see the inflationary pressures that taxpayers are burdened by right now while sitting on significant cash reserves without some desire to return that,” said Jared Walczak, vice president of state projects with the Center for State Tax Policy at the Tax Foundation. “The challenge for policymakers is that simply cutting checks to taxpayers can feed the inflationary environment rather than offsetting it.”The tax cuts are coming in a variety of forms and sizes. According to the Tax Foundation, which has been tracking proposals this year, some would be phased in, some would be permanent and others would be temporary “holidays.”Next month, New York will suspend some of its state gas taxes through the end of the year, a move that Gov. Kathy Hochul, a Democrat, said would save families and businesses an estimated $585 million.In Pennsylvania, Gov. Tom Wolf, a Democrat, has called for gradually lowering the state’s corporate tax rate to 5 percent from 10 percent — taking a decidedly different stance from many of his political peers in Congress, who have called for raising corporate taxes. Mr. Wolf said in April that the proposal was intended to make Pennsylvania more business friendly.States are acting on a fresh appetite for tax cuts as inflation is running at a 40-year high.OK McCausland for The New York TimesMr. Furman pointed to the budget surpluses as evidence that the $1.9 trillion pandemic relief package handed too much money to local governments. “The problem was there was just too much money for states and localities.”A new report from the Tax Policy Center, a left-leaning think tank, said total state revenues rose by about 17.6 percent last year. State rainy day funds — money that is set aside to cover unexpected costs — have reached “new record levels,” according to the National Association of State Budget Officers.Yet those rosy budget balances may not last if the economy slows, as expected. The Federal Reserve has begun raising interest rates in an attempt to cool economic growth, and there are growing concerns about the potential for another recession. Stocks fell for another session on Monday, with the S&P 500 down 3.2 percent, as investors fretted about a slowdown in global growth, high inflation and other economic woes.Cutting taxes too deeply now could put states on weaker financial footing.The Tax Policy Center said its state tax revenue forecasts for the rest of this year and next year were “alarmingly weak” as states enacted tax cuts and spending plans. Fitch, the credit rating agency, said recently that immediate and permanent tax cuts could be risky in light of evolving economic conditions.“Substantial tax policy changes can negatively affect revenues and lead to long-term structural budget challenges, especially when enacted all at once in an uncertain economic environment,” Fitch said.The state tax cuts are taking place as the Biden administration struggles to respond to rising prices. So far, the White House has resisted calls for a gas tax holiday, though Jen Psaki, the White House press secretary, said in April that President Biden was open to the idea. The administration has responded by primarily trying to ease supply chain logjams that have created shortages of goods and cracking down on price gouging, but taming inflation falls largely to the Fed.The White House declined to assess the merits of states’ cutting taxes but pointed to the administration’s measures to expand fuel supplies and proposals for strengthening supply chains and lowering health and child care costs as evidence that Mr. Biden was taking inflation seriously.“President Biden is taking aggressive action to lower costs for American families and address inflation,” Emilie Simons, a White House spokeswoman, said.The degree to which state tax relief fuels inflation depends in large part on how quickly the moves go into effect.Gov. Laura Kelly backed a bill last month that would phase out the 6.5 percent grocery sales tax in Kansas, lowering it next January and bringing it to zero by 2025. Republicans in the state pushed for the gradual reduction despite calls from Democrats to cut the tax to zero by July.Inflation F.A.Q.Card 1 of 6What is inflation? More

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    Has Democracy Become a Threadbare Reality?

    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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    The Double Standards of the Western World

    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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    What Do the Midterms Mean for Biden?

    For President Biden, the outcome of the midterm elections will be critical, both for the fate of his policy agenda and for his ability to function without partisan distractions for the next two years.The president has already struggled to pass legislation he promised as a candidate because Democrats hold a bare majority in the House and the ability to break a 50-50 tie in the Senate. But that difficulty will become a near-impossibility if Republicans take control of the House or the Senate — or both. Republicans would not only have enough votes to defeat most of Mr. Biden’s proposed legislation, but they would be able to keep Democratic measures from even being considered.Furthermore, Republican control of Congress would put Mr. Biden’s political enemies in charge of investigative and oversight committees. Republicans have already vowed to use those positions to conduct high-profile inquiries into Hunter Biden, the president’s son; the administration’s handling of migrants at the border; and the chaotic exit of U.S. troops from Afghanistan.The result would most likely be a White House in a defensive crouch, constantly forced to respond to demands for information from congressional committees. Some White House staff would hire lawyers to defend themselves against subpoenas requested by Republican-led investigations. And White House briefings would be filled with questions about the newly empowered Republican majority.Previous presidents have faced the same situation. President George W. Bush called the 2006 midterms a “thumping” after Democrats won control of both chambers. In 2010, Republicans won back the House in what President Barack Obama called a “shellacking” by his adversaries. In both cases, the shift in the majorities hampered the presidents’ agendas and ratcheted up the partisan attacks from Capitol Hill.— More

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    Will Trump Face a Legal Reckoning in Georgia?

    Over 2,300 text messages to and from Mark Meadows, a former chief of staff for Donald J. Trump, offer stunning real-time details of the efforts to overturn the 2020 presidential election. Not least among the revelations are Mr. Meadows’s repeated overtures to the Georgia secretary of state, Brad Raffensperger, with Mr. Meadows pressing the Georgian to be in communication with the White House.Mr. Trump and Mr. Raffensperger eventually spoke, resulting in Mr. Trump’s now-infamous demand that the secretary “find 11,780 votes” — just one more vote than Joe Biden’s margin of victory in the state.On May 2 we see the latest consequence of those efforts: the opening of a special grand jury by District Attorney Fani Willis in Fulton County, Ga., to gather evidence relating to possible criminal charges against Mr. Trump and others associated with him. As important as congressional investigations are, Ms. Willis’s work may present the most serious prospect of prosecution that Mr. Trump and his enablers are facing.We understand that after Robert Mueller’s investigation and two impeachments, the prospect of Mr. Trump actually facing accountability may be viewed with skepticism. Most recently, he seems to have avoided charges by the Manhattan district attorney, Alvin Bragg.But Ms. Willis, a Democrat, has a demonstrated record of courage and of conviction. She has taken on — and convicted — a politically powerful group, Atlanta’s teachers, as the lead prosecutor in the city’s teacher cheating scandal.And she is playing with a strong hand in this investigation. The evidentiary record of Mr. Trump’s postelection efforts in Georgia is compelling. It is highlighted by a recording of Mr. Trump’s Jan. 2, 2021, call with Mr. Raffensperger, in which Mr. Trump exhorted Mr. Raffensperger to “find” those votes.The tape also contains threats against the secretary and his staff that had an element of coercion, like Mr. Trump’s warning that failing to identify (nonexistent) fraud would be “a big risk” to Mr. Raffensperger and to his lawyer. The recording is backed by voluminous evidence that Mr. Trump likely knew full well he had lost, including acknowledgment from administration officials like his attorney general, William P. Barr, and an internal Trump campaign memo admitting that many fraud claims were unfounded. As a federal judge noted in finding that Mr. Trump’s efforts to overturn the election were likely criminal, the former president “likely knew the justification was baseless and therefore that the entire plan was unlawful.”What’s more, Georgia criminal law is some of the most favorable in the country for getting at Mr. Trump’s alleged misconduct. For example, there is a Georgia law on the books expressly forbidding just what Mr. Trump apparently did in Ms. Willis’s jurisdiction: solicitation of election fraud. Under this statute, a person commits criminal solicitation of election fraud when he or she intentionally “solicits, requests, commands, importunes or otherwise attempts to cause” another person to engage in election fraud.The decision to impanel a special grand jury is itself another indicator of the peril Mr. Trump may face. Under Georgia practice, special purpose grand juries are typically used for focused investigation of a matter and have the power to subpoena witnesses. Special grand juries develop expertise in a single case over a sustained period (here up to 12 months), as opposed to regular grand juries, which hear many matters over a shorter period. Unlike regular grand juries, the special grand jury cannot issue an indictment, but any charging recommendations are presented by a district attorney to a regular grand jury, which can then indict based on the special grand jury’s work.The special grand jury will begin issuing subpoenas for some of the 30 or so witnesses who have refused requests for voluntary interviews. Those initial witnesses will then be served and will start appearing in June. Mr. Trump and those closest to him have a history of rushing to court to fight subpoenas, but they are unlikely to be given the opportunity in this first wave. Careful prosecutors usually start with less controversial witnesses, and Ms. Willis is a careful prosecutor. If Mr. Trump or those closest to him are served, that is when subpoenas are most likely to be challenged in court — but that is probably months away.If Mr. Trump is charged, it will set off a legal battle. There are substantial legal defenses that Mr. Trump could attempt. He could argue that he has constitutional immunity from prosecution for his acts while president, that his words were protected by the First Amendment or even that he acted in absolute good faith because he genuinely believed that he had won.The judicial system will ultimately decide if these defenses will work. But soliciting election fraud is not within the scope of official presidential duties protected by immunity, the First Amendment does not protect criminal activity, and a president cannot successfully claim good faith when he was repeatedly told by his own officials that there was no fraud. Still, no one should consider the case a slam-dunk.The case also in no way diminishes the importance of the House of Representatives’ Jan. 6 committee. In fact, the committee will most likely aid the Georgia prosecution while going about the business of its own investigation. (Ms. Willis and the committee have reportedly already been in contact.) For example, litigation with Mr. Meadows disclosed key details of the alleged plot to overturn the Georgia election. An email the committee filed from one of the lawyers helping Mr. Trump, Cleta Mitchell, included a detailed 11-point memo about overturning the election. Operating outside Washington, Ms. Willis might have taken years to obtain that email and other evidence like it.Jury trials, which both of us have tried and supervised, are living events, and success is never assured. But in Georgia, if it reaches that stage, the evidence is strong, the law is favorable, the prosecutor is proven, and the cause — democracy itself — is just.Norman Eisen, a senior fellow at Brookings and the executive chair at the States United Democracy Center, was special counsel to the House Judiciary Committee during the first Trump impeachment and is the author of “Overcoming Trumpery.” Donald Ayer, a former U.S. attorney in the Reagan administration and deputy attorney general in the George H.W. Bush administration, is an adjunct professor at Georgetown Law and on the advisory board of States United.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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    The Don Jr. Road Show in Ohio Was No Joke

    WEST CHESTER, OHIO — It’s a chilly, drizzly evening, but Donald Trump Jr. is putting on a red-hot show at Lori’s Roadhouse, a bar and music joint in a strip mall on the outskirts of Cincinnati. Pretending to be a befuddled, senile President Biden, Don Jr. staggers around the low stage, eyes unfocused, making confused gestures and blundering into the giant red-white-and-blue backdrop.The crowd, a couple of hundred MAGA fans and local Republican players, laps up the wickedness. This is Don Jr.’s last public appearance of the day on behalf of J.D. Vance, whose Senate candidacy was recently endorsed by Trump Sr. As at earlier stops, the audience whoops and laughs and hollers “Amen!” as Trump the Younger slashes at a series of targets: Democrats, the media, RINOs (Senator Mitt Romney is taking a serious beating), Big Tech, America’s “stupid” military leaders and so on.Don Jr. clearly inherited the family flair for showmanship. (Democrats would do well to keep an eye on his political development. In particular, the ladies here are gaga over him.) He deploys funny voices and goofy faces, his comic timing is spot on, and he has a vicious streak untempered by decency or accuracy. “The other side has literally taken the stance that it’s OK to be a groomer,” he charges, promoting the MAGAworld calumny that Democrats are pro-pedophile. Even on this dark topic he draws laughs by marveling that, in his younger days, “being antipedophile was something that we could all agree on!”Off to the side, chuckling awkwardly, hands jammed into his jeans pockets, stands Mr. Vance. Tall and burly, with carefully manicured facial hair, the candidate has already done his quick opening act and faded into the background like a good sidekick. He gazes attentively at the former president’s son, nodding appreciatively, clapping and grinning at all the appropriate (or, rather, inappropriate) moments. He takes out his phone to snap the occasional photo. Once or twice, he shoots a glance at the audience, as if to see how this show is playing. (Answer: very well.) Distinctly overshadowed, Mr. Vance is aware that, while his name may be on the yard signs and stickers spread around the bar, he is not who most folks have come to see.Because Mr. Vance is no longer the star of his own race to win Tuesday’s Republican primary in Ohio for U.S. Senate. The moment he got the much-coveted Trump tap on April 15, the election became about one thing only: whether the former president has the juice to propel an unexceptional candidate to victory.Mark Peterson for The New York TimesMr. Trump’s kingmaking ability is, in fact, the Big Question facing the entire G.O.P. this election cycle. Ohio is just the first test, the first time voters go to the polls in a race where the former president has put his political credibility and influence so solidly on the ballot. Mr. Vance is arguably a perfect test case for Mr. Trump: weak enough to need a boost but with enough potential to make him a worthwhile risk. Anyone still hoping to see the Trumpified G.O.P. return to sanity any time soon should be rooting for Mr. Vance to fail.The contest to replace Senator Rob Portman, who is retiring, was already among this cycle’s rowdiest and most expensive. Multiple conservatives have been jockeying to present themselves as the most MAGA-rific, with party players and moneymen picking favorites. Among the many contenders, Jane Timken, a former state Republican Party chairwoman, has been endorsed by multiple senators (Mr. Portman, Shelley Moore Capito, Joni Ernst and Deb Fischer) and denizens of Trumpworld (Kellyanne Conway, David Bossie and Corey Lewandowski). Josh Mandel, a former state treasurer, is backed by Senator Ted Cruz, the Club for Growth and Ohio Value Voters.Until recently, Mr. Vance had not been doing so well. Best known as the author of “Hillbilly Elegy,” his 2016 memoir widely embraced as a blue-staters’ guide to red-state values and grievances, his past was a bit too checkered for some conservatives. He attended Yale Law. He worked as a venture capitalist. Most damning, he was an avowed Never Trumper during the 2016 presidential election — and we’re not talking gentle criticisms. He called Mr. Trump “noxious,” “reprehensible,” “an idiot” and “cultural heroin”; fretted over Trumpism’s racist elements; and privately suggested Mr. Trump was “America’s Hitler.”Like so much of the party, Mr. Vance has changed his tune, now prostrating himself before Mr. Trump with as much zeal as anyone. (Except maybe Kevin McCarthy. That level of sycophancy is something special.) Even so, rolling into April, Mr. Vance’s campaign chest was light (despite the generosity of his former boss, the tech billionaire Peter Thiel), and polls showed him lagging other conservatives, including Mr. Mandel, who has made his own dash to the hard right in recent years.Mr. Trump has said he chose to bless Mr. Vance because “we have to pick somebody that can win.” Why he decided Mr. Vance is that somebody has prompted head scratching. Certainly, there is nothing the former president enjoys as much as watching a former adversary grovel, and Mr. Vance has been happy to gush about how wrong he was in 2016 and what a great president Mr. Trump turned out to be. (Best of his lifetime!) Mr. Trump may have been swayed by Mr. Vance’s admirers, notably Don Jr., Tucker Carlson and Mr. Thiel, a megadonor to Mr. Trump as well as to Mr. Vance. Mr. Trump is said to have been put off by an ugly confrontation between Mr. Mandel and another candidate during a debate in March.Mr. Trump may also be taken with Mr. Vance’s quasi-fame and frequent TV appearances. The former president has a longstanding love affair with celebrities — and, perhaps better than anyone, grasps the value of celebrity in electoral politics.Whatever its roots, Mr. Trump’s endorsement hit the Ohio race like the asteroid that killed the dinosaurs, spreading chaos and carnage. Mr. Mandel’s supporters have taken it particularly hard, slagging Mr. Vance as an opportunist and Mr. Trump’s endorsement as, at best, ill informed.John Stover, the head of Ohio Value Voters, “firmly” believes the decision was heavily influenced by Mr. Thiel. Mr. Stover speculated to me recently: Who knows what exactly “came up” during the billionaire money man’s pilgrimages to Mar-a-Lago?Before the former president and Mr. Vance appeared together at a rally in central Ohio a week ago Saturday, Mr. Stover’s group called on supporters to boycott the event. Alternatively, attendees were encouraged to boo when Mr. Vance was introduced. The group’s call to arms included a laundry list of the candidate’s past criticisms of Mr. Trump.The Club for Growth also finds itself feuding with Mr. Trump over its refusal to abandon Mr. Mandel. One of the group’s ads spotlighting Mr. Vance’s past attacks on Mr. Trump prompted the former president to have an aide fire off an obscene text to the group’s president, David McIntosh. The organization has doubled down with even more ad spending.Team Vance’s mission has been to hawk his status as “the only Trump-endorsed candidate” in the race. This is the verbatim message of a new TV ad running in the state, and it was one of the first things out of Don Jr.’s mouth at Lori’s Roadhouse.Even Mr. Vance seems to understand that what is at stake here has little to do with him.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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    Ron DeSantis and Other Republicans Desecrate What Their Party Long Championed

    In 2010, the Supreme Court held that “political speech does not lose First Amendment protection ‘simply because its source is a corporation.’” The case was Citizens United v. Federal Election Commission, and the conservative justices sided with a group barred by the government from airing a political documentary.Republicans used to celebrate that decision. “For too long, some in this country have been deprived of full participation in the political process,” said Mitch McConnell, then the majority leader. The Supreme Court, he added, “took an important step in the direction of restoring the First Amendment rights of these groups.”Mr. McConnell was standing up for a principle: People have a bedrock right to form associations, including corporations, and to use them to speak their minds.In the last few years, however, as large companies have increasingly agitated for left-of-center causes, many Republicans have developed a sudden allergy to corporate political speech, one that will have vast consequences for both the party and the nation.Disney’s Magic Kingdom Park in Florida.Ted Shaffrey/Associated PressConsider the recent drama in Florida. The evident retaliation by Gov. Ron DeSantis and his Republican allies against Disney, a major corporate player in their state, is part of a larger trend: What critics once called the party of big business is now eager to lash out at large companies and even nonprofits it deems inappropriately political — which in practice means anti-Republican.Conservatives angry at technology platforms over what they see as unfair treatment of right-of-center viewpoints have found a champion in a Republican senator, Josh Hawley of Missouri, who has introduced bills to reform legal protection for certain social media platforms and offered the Bust Up Big Tech Act. J.D. Vance, running in the Ohio Republican Senate primary, has suggested that we “seize the assets” of the Ford Foundation and other progressive NGOs; he also called for raising the taxes of companies that showed concerns about state-level voting legislation favored by Republicans last year. Leading right-wing commentators, from Tucker Carlson of Fox News to Ben Shapiro of The Daily Wire, cheer the efforts on.Too many conservatives seem to have no qualms today in wielding state power to punish their political opponents and shape the economy to their whims. This is not just a departure from the Republican consensus of the last half-century. It is a wholesale rejection of free markets and the very idea of limited government. It will make America poorer and the American people more vulnerable to tyranny.Republicans’ reversal is easy enough to explain: As companies increasingly accede to activist demands to make themselves combatants in a culture war, they have alienated broad swaths of the population. Twenty years ago, according to Gallup, fewer than half of Americans said they were somewhat or very dissatisfied with “the size and influence of major corporations.” Today, that number is 74 percent. Defending economic liberty is now passé. Taking on “big business” has become an effective way to score political points on the right, at least when the businesses are also seen as “woke.”The change may be politically expedient, but it will have grave costs. Conservatives once understood that free markets are an engine that produces widespread prosperity — and that government meddling is too often a wrench in the works. Choosing winners and losers, and otherwise substituting the preferences of lawmakers and bureaucrats for the logic of supply and demand, interferes with the economy’s ability to meet people’s material needs. If Republicans continue down this path, the result will be fewer jobs, higher prices, less consumer choice and a hampering of the unforeseen innovations that make our lives better all the time.But conservatives are turning on more than markets; they may be turning on the rule of law itself. The First Amendment prohibits the government from abridging people’s ability to speak, publish, broadcast and petition for a redress of grievances, precisely because the American founders saw criticizing one’s rulers as a God-given right. Drawing attention to errors and advocating a better path forward are some of the core mechanisms by which “we, the people” hold our government to account. The use of state power to punish someone for disfavored political speech is a gross violation of that ideal.The American economy is rife with cronyism, like subsidies or regulatory exemptions, that give some businesses advantages not available to all. This too makes a mockery of free markets and rule of law, transferring wealth from taxpayers and consumers to politically connected elites. But while ending cronyism is a worthy goal, selectively revoking privileges from companies that fall out of favor with the party in power is not good-government reform.One might doubt the retaliatory nature of Republicans’ corporate speech reversal, but for their inability to quit stepping in front of cameras and stating the quiet part aloud. In the very act of signing the law that does away with Disney’s special-purpose district and several others, Mr. DeSantis said this: “You’re a corporation based in Burbank, Calif., and you’re gonna marshal your economic might to attack the parents of my state. We view that as a provocation, and we’re going to fight back against that.”But if government power can be used for brazen attacks on American companies and nonprofits, what can’t it be used for? If it is legitimate for politicians to retaliate against groups for political speech, is it also legitimate to retaliate against individuals? (As Senator Mitt Romney once said, “Corporations are people, my friend.”) And if even the right to speak out is not held sacred, what chance do the people have to resist an authoritarian turn?Conservatives, confronting these questions, once championed free markets and limited government as essential bulwarks against tyranny. Discarding those commitments is not a small concession to changing times but an abject desecration, for cheap political gain, of everything they long claimed to believe.For decades, the “fusionist” governing philosophy — which, in bringing together the values of individual freedom and traditional morality, charges government with protecting liberty so that the people will be free to pursue virtuous lives — bound conservatives together and gave the Republican Party a coherent animating force. That philosophy would reject the idea that political officials should have discretion over the positions that companies are allowed to take or the views that people are allowed to express.The G.O.P. today may be able to win elections without fusionism, but it cannot serve the interests of Americans while wrecking the economy and undermining the rule of law.Stephanie Slade (@sladesr) is a senior editor at Reason magazine.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