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    Trump and the Republican Party's Cruel Logic

    Donald Trump has claimed credit for any number of things he benefited from but did not create, and the Republican Party’s reigning ideology is one of them: a politics of cruelty and exclusion that strategically exploits vulnerable Americans by portraying them as an existential threat, against whom acts of barbarism and disenfranchisement become not only justified but worthy of celebration. This approach has a long history in American politics. The most consistent threat to our democracy has always been the drive of some leaders to restrict its blessings to a select few.This is why Joe Biden beat Mr. Trump but has not vanquished Trumpism. Mr. Trump’s main innovation was showing Republicans how much they could get away with, from shattering migrant families and banning Muslim travelers to valorizing war crimes and denigrating African, Latino and Caribbean immigrants as being from “shithole countries.” Republicans have responded with zeal, even in the aftermath of his loss, with Republican-controlled legislatures targeting constituencies they identify either with Democrats or with the rapid cultural change that conservatives hope to arrest. The most significant for democracy, however, are the election laws designed to insulate Republican power from a diverse American majority that Republicans fear no longer supports them. The focus on Mr. Trump’s — admittedly shocking — idiosyncrasies has obscured the broader logic of this strategy.After more than a decade in which Barack Obama and Hillary Clinton provided fruitful targets for an audience fearful of cultural change, conservative media has struggled to turn the older white president who goes to Mass every Sunday into a compelling villain. Yet the apocalypse remains nigh, threatened by the presence of those Americans they consider unworthy of the name.On Fox News, hosts warn that Democrats want to “replace the current electorate” with “more obedient voters from the third world.” In outlets like National Review, columnists justify disenfranchisement of liberal constituencies on the grounds that “it would be far better if the franchise were not exercised by ignorant, civics-illiterate people.” Trumpist redoubts like the Claremont Institute publish hysterical jeremiads warning that “most people living in the United States today — certainly more than half — are not Americans in any meaningful sense of the term.”Under such an ideology, depriving certain Americans of their fundamental rights is not wrong but praiseworthy, because such people are usurpers.*The origin of this politics can arguably be found in the aftermath of the Civil War, when Radical Republicans sought to build a multiracial democracy from the ashes of the Confederacy. That effort was destroyed when white Southerners severed emancipated Black Americans from the franchise, eliminating the need to win their votes or respect their rights. The founders had embedded protections for slavery in the Constitution, but it was only after the abolition war, during what the historian Eric Foner calls the Second Founding, that nonracial citizenship became possible.The former Confederates had failed to build a slave empire, but they would not accept the demise of white man’s government. As the former Confederate general and subsequent six-term senator from Alabama John T. Morgan wrote in 1890, democratic sovereignty in America was conferred upon “qualified voters,” and Black men, whom he accused of “hatred and ill will toward their former owners,” did not qualify and were destroying democracy by their mere participation. Disenfranchising them, therefore, was not merely justified but an act of self-defense protecting democracy against “Negro domination.”In order to wield power as they wanted, without having to appeal to Black men for their votes, the Democratic Party and its paramilitary allies adopted a theory of liberty and democracy premised on exclusion. Such a politics must constantly maintain the ramparts between the despised and the elevated. This requires fresh acts of cruelty not only to remind everyone of their proper place but also to sustain the sense of impending doom that justifies these acts.As the historian C. Vann Woodward wrote, years after the end of Reconstruction, Southern Democrats engaged in “intensive propaganda of white supremacy, Negrophobia and race chauvinism” to purge Black men from politics forever, shattering emerging alliances between white and Black workers. This was ruthless opportunism, but it also forged a community defined by the color line and destroyed one that might have transcended it.The Radical Republicans believed the ballot would be the ultimate defense against white supremacy. The reverse was also true: Severed from that defense, Black voters were disarmed. Without Black votes at stake, the party of Lincoln was no longer motivated to defend Black rights.*Contemporary Republicans are far less violent and racist than the Democrats of the Reconstruction era and the Gilded Age. But they have nevertheless adopted the same political logic, that the victories of the rival party are illegitimate, wrought by fraud, coercion or the support of ignorant voters who are not truly American. It is no coincidence that Mr. Obama’s rise to power began with a lyrical tribute to all that red and blue states had in common and that Mr. Trump’s began with him saying Mr. Obama was born in Kenya.In this environment, cruelty — in the form of demonizing religious and ethnic minorities as terrorists, criminals and invaders — is an effective political tool for crushing one’s enemies as well as for cultivating a community that conceives of fellow citizens as a threat, resident foreigners attempting to supplant “real” Americans. For those who believe this, it is no violation of American or democratic principles to disenfranchise, marginalize and dispossess those who never should have had such rights to begin with, people you are convinced want to destroy you.Their conviction in this illegitimacy is intimately tied to the Democratic Party’s reliance on Black votes. As Mr. Trump announced in November, “Detroit and Philadelphia — known as two of the most corrupt political places anywhere in our country, easily — cannot be responsible for engineering the outcome of a presidential race.” The Republican Party maintains this conviction despite Mr. Trump’s meaningful gains among voters of color in 2020.Even as Republicans seek to engineer state and local election rules in their favor, they accuse the Democrats of attempting to rig elections by ensuring the ballot is protected. Senator Ted Cruz of Texas, who encouraged the mob that attacked the Capitol on Jan. 6 with his claims that the 2020 election had been stolen, tells brazen falsehoods proclaiming that voting rights measures will “register millions of illegal aliens to vote” and describes them as “Jim Crow 2.0.”But there are no Democratic proposals to disenfranchise Republicans. There are no plans to deny gun owners the ballot, to disenfranchise white men without a college education, to consolidate rural precincts to make them unreachable. This is not because Democrats or liberals are inherently less cruel. It is because parties reliant on diverse coalitions to wield power will seek to win votes rather than suppress them.These kinds of falsehoods cannot be contested on factual grounds because they represent ideological beliefs about who is American and who is not and therefore who can legitimately wield power. The current Democratic administration is as illegitimate to much of the Republican base as the Reconstruction governments were to Morgan.*This brand of white identity politics can be defeated. In the 1930s, a coalition of labor unions, urban liberals and Northern Black voters turned the Democratic Party from one of the nation’s oldest white supremacist political institutions — an incubator of terrorists and bandits, united by stunning acts of racist cruelty against Black Americans in the South — into the party of civil rights. This did not happen because Democratic Party leaders picked up tomes on racial justice, embraced jargon favored by liberal academics or were struck by divine light. It happened because an increasingly diverse constituency, one they were reliant on to wield power, forced them to.That realignment shattered the one-party system of the Jim Crow South and ushered in America’s fragile experiment in multiracial democracy since 1965. The lesson is that politicians change when their means of holding power change and even the most authoritarian political organization can become devoted to democracy if forced to.With their fragile governing trifecta, Democrats have a brief chance to make structural changes that would even the playing field and help push Republicans to reach beyond their hard-core base to wield power, like adding states to the union, repairing the holes the Supreme Court under Chief Justice John Roberts blew in the Voting Rights Act, preventing state governments from subverting election results and ending partisan control over redistricting. Legislation like the PRO Act would spur unionization and the cross-racial working-class solidarity that comes with it. Such reforms would make Republican efforts to restrict the electorate less appealing and effective and pressure the party to cease its radicalization against democracy.We know this can work because of the lessons of not only history but also the present: In states like Maryland and Massachusetts, where the politics of cruelty toward the usual targets of Trumpist vitriol would be self-sabotaging, Republican politicians choose a different path.The ultimate significance of the Trump era in American history is still being written. If Democrats fail to act in the face of Republican efforts to insulate their power from voters, they will find themselves attempting to compete for an unrepresentative slice of the electorate, leaving the vulnerable constituencies on whom they currently rely without effective representation and democratic means of self-defense that the ballot provides.As long as Republicans are able to maintain a system in which they can rely on the politics of white identity, as the Democratic Party once did, their politics will revolve around cruelty, rooted in attempts to legislate their opponents out of existence or to use the state to crush communities associated with them. Americans will always have strong disagreements about matters such as the role of the state, the correct approach to immigration and the place of religion in public life. But the only way to diminish the politics of cruelty is to make them less rewarding.Adam Serwer (@AdamSerwer) is a staff writer at The Atlantic and the author of the forthcoming “The Cruelty Is the Point: The Past, Present and Future of Trump’s America.”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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    New Jersey Primary Election Results

    The four-way Republican primary to run against New Jersey’s Democratic governor in November has become a test of former President Donald J. Trump’s brand of conservative politics. Jack Ciattarelli, a former state lawmaker making his second bid for governor, has been forced to defend his moderate views by his chief rival, Hirsh Singh, a self-described “Trump Republican.” More

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    Virginia Primary Election Results

    Former Gov. Terry McAuliffe is running for his old job and faces four Democratic opponents for the nomination: Lt. Gov. Justin Fairfax, State Senator Jennifer McClellan, State Delegate Lee Carter and former State Delegate Jennifer Carroll Foy. Republicans have already selected their nominee, Glenn Youngkin, a former private-equity executive. More

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    Three Paths to Containing Trump

    Last fall and winter, the president of the United States attempted, with ineffectual strategy but violent consequences, to pressure Republicans to overturn an election that he quite clearly lost. Now he reportedly believes that swing-state “audits” will somehow reinstall him in the White House by the end of summer. Many of the courtiers who encouraged his earlier delusions are still busily at work; one of them, Michael Flynn, recently suggested (before backpedaling) that the United States needed a Myanmar-style military coup. More

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    Is America’s Democracy Slipping Away?

    On Jan. 6, as Donald Trump was revving up the rioters who would attempt an insurrection at the Capitol, just a short distance away, he said to them: “We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.” More

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    Giuliani’s Allies Want Trump to Pay His Legal Bills

    As Rudolph Giuliani faces an escalating federal investigation and defamation suits, his advisers believe he should benefit from a $250 million Trump campaign war chest.As a federal investigation into Rudolph W. Giuliani escalates, his advisers have been pressing aides to former President Donald J. Trump to reach into a $250 million war chest to pay Mr. Giuliani for his efforts to overturn the results of the 2020 election on Mr. Trump’s behalf.The pressure from Mr. Giuliani’s camp has intensified since F.B.I. agents executed search warrants at Mr. Giuliani’s home and office last week, according to people familiar with the discussions, and comes as Mr. Giuliani has hired new lawyers and is facing his own protracted — and costly — legal battles.Federal prosecutors in Manhattan have been examining communications between Mr. Giuliani, Mr. Trump’s former personal lawyer, and Ukrainian officials as he tried to unearth damaging information about President Biden before the election. The prosecutors are investigating whether Mr. Giuliani lobbied the Trump administration on behalf of Ukrainian officials who were helping him, a potential violation of federal law.Mr. Giuliani, who has not been charged, has denied any wrongdoing and denounced the searches as “corrupt.” The actions in Ukraine were part of Mr. Trump’s first impeachment trial.Separately, Mr. Giuliani is being sued for defamation by two voting machine companies, Dominion and Smartmatic, for his false claims that the companies were involved in a conspiracy to flip votes to Mr. Biden.Mr. Giuliani led the effort to subvert the results of the 2020 race in a series of battleground states, but he was not paid for the work, according to people close to both Mr. Giuliani and Mr. Trump. His supporters now want the Trump campaign to tap into the $250 million it raised in the weeks after the election to pay Mr. Giuliani and absorb costs he has incurred in the defamation suits.“I want to know what the GOP did with the quarter of $1 billion that they collected for the election legal fight,” Bernard Kerik, the former New York City police commissioner, wrote on Twitter on Sunday. Mr. Giuliani appointed Mr. Kerik when he was mayor of New York.Using expletives, Mr. Kerik added that “lawyers and law firms that didn’t do” much work were paid handsomely, while those who worked hard “got nothing.”Mr. Kerik has made similar complaints to some of Mr. Trump’s advisers privately, according to people familiar with the conversations, arguing that Mr. Giuliani has incurred legal expenses in his efforts to help Mr. Trump and that Mr. Giuliani’s name was used to raise money during the election fight.In a separate tweet, Mr. Kerik blamed the Republican National Committee chairwoman, Ronna McDaniel. R.N.C. officials said that the group did not make the same overt fund-raising appeals as the Trump campaign to challenge the election results.A lawyer for Mr. Giuliani, Robert J. Costello, has had conversations with a lawyer for Mr. Trump about whether any of the material that was seized by the F.B.I. should be protected from scrutiny because of attorney-client privilege. Mr. Costello has also raised the question of paying Mr. Giuliani, according to two people briefed on those discussions.Jason Miller, a spokesman for Mr. Trump, declined to comment. Mr. Giuliani could not be reached for comment.Mr. Giuliani had encouraged Mr. Trump to file challenges to the election, and the former president tasked Mr. Giuliani with leading the effort in November. But when Mr. Giuliani’s associate, Maria Ryan, sent an email to Trump campaign officials seeking $20,000 a day for his work, Mr. Trump balked, The New York Times has reported.Mr. Trump later told his advisers he did not want Mr. Giuliani to receive any payment, according to people close to the former president with direct knowledge of the discussions. Before Mr. Trump left the White House in January, he agreed to reimburse Mr. Giuliani for more than $200,000 in expenses but not to pay a fee.Some of Mr. Giuliani’s supporters have blamed Mr. Trump’s aides — and not the former president — for the standoff. However, people close to Mr. Trump said he has stridently refused to pay Mr. Giuliani.Federal investigators seized cellphones and computers from Mr. Giuliani’s Manhattan home and office on April 28. Jeenah Moon for The New York TimesMr. Giuliani’s advisers were also disappointed that he did not receive a federal pardon from Mr. Trump, despite facing the long-running federal investigation into his Ukrainian dealings, a person close to Mr. Giuliani said. After months of speculation that Mr. Trump might issue Mr. Giuliani a pre-emptive pardon, Mr. Giuliani said on his radio show in January that he did not need a pardon, because “I don’t commit crimes.”The efforts to overturn the election culminated in a rally of Mr. Trump’s supporters near the White House on Jan. 6. After marching to the Capitol, where the Electoral College results were being certified, hundreds of those supporters stormed the building, resulting in deaths and scores of injuries to Capitol Police officers and others. The events led to Mr. Trump’s second impeachment trial, and Mr. Trump told Mr. Giuliani in a private meeting that he could not represent him in the proceedings, people briefed on the meeting said.Asked about Mr. Kerik’s tweet during an interview with ABC News, Mr. Giuliani’s son, Andrew, said that his father’s fees should be covered by Trump’s campaign coffers.“I do think he should be indemnified,” the younger Mr. Giuliani said. “I think all those Americans that donated after Nov. 3, they were donating for the legal defense fund. My father ran the legal team at that point. So I think it’s very easy to make a very strong case for the fact that he and all the lawyers that worked on there should be indemnified.”He added, “I would find it highly irregular if the president’s lead counsel did not get indemnified.”A person close to Mr. Giuliani, who was granted anonymity because this person was not authorized to discuss the matter publicly, made a related argument, saying the Trump campaign should be careful to ensure money in the war chest was spent in connection with the election effort because it was solicited from the public for that purpose.Although there are many differences between the two situations, for some of Mr. Trump’s advisers, the standoff with Mr. Giuliani has raised uncomfortable echoes of a similar dispute with another of Mr. Trump’s former personal lawyers, Michael D. Cohen.In 2019, Mr. Cohen said the Trump Organization, Mr. Trump’s family business, breached an agreement with him to cover his legal costs. In a lawsuit, Mr. Cohen said the company initially paid some of the bills after the F.B.I. searched his apartment and office in April 2018. But, he said in the lawsuit, company officials stopped the payments when they discovered around June 2018 that he was preparing to cooperate with federal investigators.Mr. Cohen pleaded guilty later that year to charges related to tax evasion, as well as a campaign finance charge related to his 2016 hush-money payment to a pornographic film star who had claimed to have had an affair with Mr. Trump. Mr. Cohen ended up testifying about Mr. Trump in Congress, and provided assistance to the investigation led by the special counsel Robert S. Mueller III into possible conspiracy between the Trump campaign and Russian officials.After the F.B.I. searched Mr. Cohen’s home and office, he filed a civil action against the U.S. attorney in Manhattan, which Mr. Trump joined to prevent federal officials from gaining access to material that could be protected by attorney-client privilege between Mr. Trump and Mr. Cohen.Mr. Giuliani’s lawyers are considering filing a similar action in his case, according to one of the people close to the former mayor. One lawyer advising Mr. Giuliani, Alan Dershowitz, told CNN that it would be appropriate for Mr. Trump to join such an effort. Mr. Dershowitz confirmed the comment to The Times.A new court filing made public on Tuesday showed the U.S. attorney’s office in Manhattan asked a federal judge last week to appoint a special master to conduct a review of potentially privileged materials seized from Mr. Giuliani. The prosecutors, writing to Judge J. Paul Oetken, said the F.B.I. had begun to extract materials from cellphones and computers seized from Mr. Giuliani, but that a review of those materials had not yet begun, the redacted court filing showed.Mr. Giuliani recently added four new lawyers to his team: Arthur L. Aidala, a former Brooklyn prosecutor and former Fox News commentator; Barry Kamins, a retired New York Supreme Court justice and law professor; the retired New York Appellate Division Justice John Leventhal; and Michael T. Jaccarino, a former Brooklyn prosecutor.William K. Rashbaum, Jonah E. Bromwich and Benjamin Weiser contributed reporting. More