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    What Republicans Might Gain if They Lose Georgia

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyWhat Republicans Might Gain if They Lose GeorgiaThey have survived Trump for the last four years. But disentangling from him might get easier if his latest sabotage succeeds.Opinion ColumnistJan. 5, 2021Defeats for Senators Kelly Loeffler and David Perdue would show there is a real political cost to endorsing not just President Trump but also his fantasy politics.Credit…Damon Winter/The New York TimesAt this time of year, normally a sleepy, unremarkable period, I often write a column summing up the things that I got wrong in the previous year’s worth of punditry. Given that everything is rather more harrowing than usual this year, the habit feels a little self-indulgent — except that one important and mostly falsified hypothesis that I once held, not just for 2020 but across the entire Trump era, is about to be put to one last test.The hypothesis was that by nominating Donald Trump for the presidency and lashing itself so closely to his unique mixture of corruption, incompetence and malice, the Republican Party set itself up for a sweeping political repudiation — on the order of what it faced in 1964, after Watergate and in the last two elections of the George W. Bush era.I was wrong about this in 2016, but after the pandemic arrived in 2020 and Trump responded so Trumpishly, I suspected that the reckoning had finally arrived — that the president was sinking himself and that his party would likely go down with him.Trump did sink, but not as deeply as I anticipated — and meanwhile, the G.O.P. kept bobbing, its House caucus actually increasing, its hold on a few crucial Senate seats surprisingly maintained.Where did I go wrong? Despite making it a frequent theme, I probably underestimated the public’s reluctance to hand a self-radicalizing liberalism full control of government, given its matchless power in other institutions. I also probably underestimated the stabilizing effect of the economic relief efforts on people’s finances, which made the pandemic year less devastating and the anti-incumbent mood less intense. And I suspect there was more lockdown fatigue, more wariness of the Democratic Party’s preferred public-health regime, than the coronavirus polling captured.Add up all those factors, and you have a decent explanation for both the slightly higher-than-expected Trump vote and the voters who wanted to be rid of him but preferred divided government, in numbers that helped keep the Republican Party afloat.Pundits are supposed to learn from the past, and learning from the Republican overperformance in November 2020 would lead one to expect that the G.O.P. will keep its two Georgia Senate seats in today’s runoffs. After all, Trump himself has been defeated (his unwillingness to admit as much notwithstanding), the Georgia suburbs boast plenty of the kind of mildly conservative voters who voted for Joe Biden but also might like to see his presidency held in check, and David Perdue, one of the two Republican senators on the ballot, ran ahead of the president nine weeks ago. A Republican Party that survived the Trump era without the kind of shellacking I kept expecting should surely be able to win the first Senate races of the Biden era.Except that this isn’t the Biden era, is it? Not for two more weeks; for now, it’s still the Trump era, the Trump show, the last crazy act (until he runs in 2024, that is), with everything dialed up as far as he can take it: the wildest conspiracy theories, the most perfect phone calls to beleaguered state officials and the most depressing sort of voter-fraud pandering from the irresponsibility caucus among congressional Republicans. And all of it happening while the Covid curve bends upward, a new strain spreads and the vaccine rollout falls well short of Trump administration predictions — not that the president shows any evidence of caring.This context makes prediction a fool’s errand. You can’t use historical case studies to model pandemic-era runoff elections in which the president is making war on the officials of his own party and some of his fiercest online supporters are urging a boycott of the vote.But since prediction is often just an expression of desire, I’ll tell you what I want to happen. Even though the party richly deserved some sort of punishment, I didn’t want the G.O.P. to be destroyed by its affiliation with Trump, because I’m one of those Americans who don’t want to be ruled by liberalism in its current incarnation, let alone whatever form is slowly being born. But now that the party has survived four years of Trumpism without handing the Democrats a congressional supermajority, and now that Amy Coney Barrett is on the Supreme Court and Joe Manchin, Susan Collins and Mitt Romney will hold real power in the Senate, whatever happens in Georgia — well, now I do want Perdue and Kelly Loeffler to lose these races, mostly because I don’t want the Republican Party to be permanently ruled by Donald J. Trump.Obviously, a runoff-day defeat won’t by itself prevent Trump from winning the party’s nomination four years hence or bestriding its internal culture in the meantime. (Indeed, for some of his supporters it would probably confirm their belief that the presidential election was stolen — because look, the Democrats did it twice!) But the sense that there is a real political cost to slavishly endorsing not just Trump but also his fantasy politics, his narrative of stolen victory, seems a necessary precondition for the separation that elected Republicans need to seek — working carefully, like a bomb-dismantling team — between their position and the soon-to-be-former president’s, if they don’t want him to just claim the leadership of their party by default.That kind of Trump-forever future is what Josh Hawley and Ted Cruz and others are making possible, with their ambitious pandering. Hawley and Cruz both want to be Trump’s heir apparent (as though he doesn’t already have several in his family), but the deeper they go into the Trumpian dreampolitik, the more they build up the voter-fraud mythos, the more likely it becomes that they’ll just be stuck serving him for four more years — or longer.So there needs to be some counterpressure, some sense that dreampolitik has costs. And defeat for two Republicans who have cynically gone along with the president’s stolen-election narrative, to the point of attacking their own state’s Republican-run electoral system, feels like a plausible place for the diminishment of Trump to start.I don’t think that diminishment is necessary to save the American republic from dictatorship, as many of Trump’s critics have long imagined, and with increasing intensity the longer his election challenge has gone on. Whatever potentially crisis-inducing precedents Republican senators are establishing this month, the forces and institutions — technological, judicial, military — that could actually make America into some kind of autocracy are not aligned with right-wing populism, and less so with every passing day.But Trump’s diminishment is definitely necessary if the American right is ever going to be a force for something other than deeper decadence, deeper gridlock, fantasy politics and partisan battles that have nothing to do with the challenges the country really faces.Or to distill the point: You don’t have to see Trump as a Caesar to recognize his behavior this month as Nero-esque, playing a QAnon-grade fiddle while the pandemic burns. We imported at least one of the new variants of the coronavirus from overseas in the past few weeks — like the pandemic itself, the kind of thing a populist-nationalist president is supposed to try to slam the door against — but instead of shutting down flights from Britain or South Africa, he’s been too busy pushing the stupidest election challenge in recorded history, while slipping ever-closer to blaming the lizard people for his defeat.I don’t know how any of this ends. But somewhere between the wipeout of the Republican Party that I once expected and the 2024 Trump restoration that I fear, there’s a world where the party spends the next four years very gradually distancing and disentangling itself from its Mad Pretender and his claims.And since that scenario becomes a little more likely if Georgia goes for the Democrats, I think that not only liberals, but also those Republicans who want a conservatism after Trump, should welcome that result.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.AdvertisementContinue reading the main story More

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    Asian-American Voters Can Help Decide Elections. But for Which Party?

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    Electoral College Results

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    95 Percent of Representatives Have a Degree. Look Where That’s Got Us.

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main story95 Percent of Representatives Have a Degree. Look Where That’s Got Us.All these credentials haven’t led to better results.Opinion columnistDec. 21, 2020Credit…Damon Winter/The New York TimesOver the last few decades, Congress has diversified in important ways. It has gotten less white, less male, less straight — all positive developments. But as I was staring at one of the many recent Senate hearings, filled with the usual magisterial blustering and self-important yada yada, it dawned on me that there’s a way that Congress has moved in a wrong direction, and become quite brazenly unrepresentative.No, it’s not that the place seethes with millionaires, though there’s that problem too.It’s that members of Congress are credentialed out the wazoo. An astonishing number have a small kite of extra initials fluttering after their names.According to the Congressional Research Service, more than one third of the House and more than half the Senate have law degrees. Roughly a fifth of senators and representatives have their master’s. Four senators and 21 House members have MDs, and an identical number in each body (four, twenty-one) have some kind of doctoral degree, whether it’s a Ph.D., a D.Phil., an Ed.D., or a D. Min.But perhaps most fundamentally, 95 percent of today’s House members have a bachelor’s degree, as does every member of the Senate. Yet just a bit more than one-third of Americans do.“This means that the credentialed few govern the uncredentialed many,” writes the political philosopher Michael J. Sandel in “The Tyranny of Merit,” published this fall.There’s an argument to be made that we should want our representatives to be a highly lettered lot. Lots of people have made it, as far back as Plato.The problem is that there doesn’t seem to be any correlation between good governance and educational attainment that Sandel can discern. In the 1960s, he noted, we got the Vietnam War thanks to “the best and the brightest” — it’s been so long since the publication of David Halberstam’s book that people forget the title was morbidly ironic. In the 1990s and 2000s, the highly credentialed gave us (and here Sandel paused for a deep breath) “stagnant wages, financial deregulation, income inequality, the financial crisis of 2008, a bank bailout that did little to help ordinary people, a decaying infrastructure, and the highest incarceration rate in the world.”Five years ago, Nicholas Carnes, a political scientist at Duke, tried to measure whether more formal education made political leaders better at their jobs. After conducting a sweeping review of 228 countries between the years 1875 and 2004, he and a colleague concluded: No. It did not. A college education did not mean less inequality, a greater G.D.P., fewer labor strikes, lower unemployment or less military conflict.Sandel argues that the technocratic elite’s slow annexation of Congress and European parliaments — which resulted in the rather fateful decisions to outsource jobs and deregulate finance — helped enable the populist revolts now rippling through the West. “It distorted our priorities,” Sandel told me, “and made for a political class that’s too tolerant of crony capitalism and much less attentive to fundamental questions of the dignity of work.”Both parties are to blame for this. But it was Democrats, Sandel wrote, who seemed especially bullish on the virtues of the meritocracy, arguing that college would be the road to prosperity for the struggling. And it’s a fine idea, well-intentioned, idealistic at its core. But implicit in it is also a punishing notion: If you don’t succeed, you have only yourself to blame. Which President Trump spotted in a trice.“Unlike Barack Obama and Hillary Clinton, who spoke constantly of ‘opportunity’” Sandel wrote, “Trump scarcely mentioned the word. Instead, he offered blunt talk of winners and losers.”Trump was equally blunt after winning the Nevada Republican caucuses in 2016. “I love the poorly educated!” he shouted.A pair of studies from 2019 also tell the story, in numbers, of the professionalization of the Democratic Party — or what Sandel calls “the valorization of credentialism.” One, from Politico, shows that House and Senate Democrats are much more likely to have gone to private liberal arts colleges than public universities, whereas the reverse is true of their Republican counterparts; another shows that congressional Democrats are far more likely to hire graduates of Ivy League schools.This class bias made whites without college degrees ripe for Republican recruitment. In both 2016 and 2020, two thirds of them voted for Trump; though the G.O.P. is the minority party in the House, more Republican members than Democrats currently do not have college degrees. All 11 are male. Most of them come from the deindustrialized Midwest and South.Oh, and in the incoming Congress? Six of the seven new members without four-year college degrees are Republicans.Of course, far darker forces help explain the lures of the modern G.O.P. You’d have to be blind and deaf not to detect them. For decades, Republicans have appealed both cynically and in earnest — it’s hard to know which is more appalling — to racial and ethnic resentments, if not hatred. There’s a reason that the Black working class isn’t defecting to the Republican Party in droves. (Of the nine Democrats in the House without college degrees, seven, it’s worth noting, are people of color.)For now, it seems to matter little that Republicans have offered little by way of policy to restore the dignity of work. They’ve tapped into a gusher of resentment, and they seem delighted to channel it, irrespective of where, or if, they got their diplomas. Ted Cruz, quite arguably the Senate’s most insolent snob — he wouldn’t sit in a study group at Harvard Law with anyone who hadn’t graduated from Princeton, Yale or Harvard — was ready to argue on Trump’s behalf to overturn the 2020 election results, should the disgraceful Texas attorney general’s case have reached the Supreme Court.Which raises a provocative question. Given that Trumpism has found purchase among graduates of Harvard Law, would it make any difference if Congress better reflected the United States and had more members without college degrees? Would it meaningfully alter policy at all?It would likely depend on where they came from. I keep thinking of what Rep. Al Green, Democrat of Texas, told me. His father was a mechanic’s assistant in the segregated South. The white men he worked for cruelly called him “The Secretary” because he could neither read nor write. “So if my father had been elected? You’d have a different Congress,” Green said. “But if it’d been the people who he served — the mechanics who gave him a pejorative moniker? We’d probably have the Congress we have now.”It’s hard to say whether more socioeconomic diversity would guarantee differences in policy or efficiency. But it could do something more subtle: Rebuild public trust.“There are people who look at Congress and see the political class as a closed system,” Carnes told me. “My guess is that if Congress looked more like people do as a whole, the cynical view — Oh, they’re all in their ivory tower, they don’t care about us — would get less oxygen.”When I spoke to Representative Troy Balderson, a Republican from Ohio, he agreed, adding that if more members of Congress didn’t have four-year college degrees, it would erode some stigma associated with not having one.“When I talk to high school kids and say, ‘I didn’t finish my degree,’ their faces light up,” he told me. Balderson tried college and loved it, but knew he wasn’t cut out for it. He eventually moved back to his hometown to run his family car dealership. Students tend to find his story emboldening. The mere mention of four-year college sets off panic in many of them; they’ve been stereotyped before they even grow up, out of the game before it even starts. “If you don’t have a college degree,” he explains, “you’re a has-been.” Then they look at him and see larger possibilities. That they can be someone’s voice. “You can become a member of Congress.”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.AdvertisementContinue reading the main story More

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    Trump Contradicts Pompeo Over Russia’s Role in Hack

    AdvertisementContinue reading the main storySupported byContinue reading the main storyTrump Contradicts Pompeo Over Russia’s Role in HackHours after the secretary of state said that Moscow was behind the vast cybersecurity breach, the president suggested it might have been China and downplayed the severity of the attack.Secretary of State Mike Pompeo at the White House last week. In an interview on “The Mark Levin Show,” Mr. Pompeo called the attack a “very significant effort.”Credit…Oliver Contreras for The New York TimesDavid E. Sanger and Dec. 19, 2020Updated 3:54 p.m. ETHours after Secretary of State Mike Pompeo told a conservative radio show host that “we can say pretty clearly that it was the Russians” behind the vast hack of the federal government and American industry, he was contradicted on Saturday by President Trump, who sought to muddy the intelligence findings by raising the possibility that China was responsible.Defying the conclusions of experts inside and outside the government who say the attack was a cybersecurity breach on a scale Washington has never experienced, Mr. Trump also played down the severity of the hack, saying “everything is well under control,” insisting that the news media has exaggerated the damage and suggesting, with no evidence, that the real issue was whether the election results had been compromised.“There could also have been a hit on our ridiculous voting machines during the election,” he wrote on Twitter in his latest iteration of that unfounded conspiracy theory. He tagged Mr. Pompeo, the latest cabinet member to anger him, in his Twitter post. With 30 days left in office, Mr. Trump’s dismissive statements made clear there would be no serious effort by his administration to punish Russia for the hack, and national security officials say they are all but certain to hand off the fallout and response to President-elect Joseph R. Biden Jr.So in the midst of a global pandemic, Mr. Biden will inherit a government so laced with electronic tunnels bored by Russian intelligence that it may be months, years even, before he can trust the systems that run much of Washington. And in his first days in office, even as he has to deal with Russia on arms control and other issues, he will have to confront a quandary that has confounded his predecessors for a quarter of a century: Retaliation for cyber intrusions often results in escalation.As Michael Sulmeyer, now a senior adviser to United States Cyber Command, put it before he entered government, America “lives in the glassiest of glass houses.” The United States is more reliant than almost any other nation on fragile computer networks that make the government and economy hum, making it an especially ripe target for short-of-war attacks like the one executed by the Kremlin.In contrast to Mr. Trump, who has always been reluctant to confront Moscow and President Vladimir V. Putin, Mr. Biden has signaled that he will not let the intrusion, whose full extent is not yet known, go unanswered.“A good defense isn’t enough,’’ Mr. Biden said Thursday, vowing to impose “substantial costs on those responsible for such malicious attacks.”He will not find that easy.Mr. Trump’s tweet was his first comment on the hack, which came to light a week ago. Privately, the president has called the hack a “hoax” and pressured associates to downplay its significance and push alternate theories for who is responsible, two people familiar with the exchanges said. Larry Kudlow, his economic adviser, told reporters on Friday, “People are saying Russia. I don’t know that. It could be other countries.”The president’s unexplained reluctance to blame Russia — which through its embassy in Washington has denied complicity in the attack — has only complicated the response, investigators say. The government only learned of the hack from FireEye, a cybersecurity company, after the firm was itself breached. And Microsoft’s president, Brad Smith, said Thursday that government agencies are approaching Microsoft — not the national security establishment — to understand the extent of the Russian breach.“This is the most consequential cyberespionage campaign in history and the fact that the government is absent is a huge problem for the nation,” said Dmitri Alperovitch, a co-founder of CrowdStrike, a security firm, who is now chairman of Silverado Policy Accelerator, a think tank.“The response has been a total disaster, not just because of the president, but because whoever is left is just polishing up their resumes,” he said. “There’s no coordination and every agency is just doing whatever they can to help themselves.”Mr. Trump’s comments on Saturday had echoes of his stance toward the hacks during 2016 presidential campaign, when he contradicted intelligence findings to claim it was China, or a “400 pound” person “sitting on his bed,” not Russia, who interfered in that election. Two years later, Mr. Trump’s own Justice Department indicted 12 Russian intelligence officers.“Never has there been a President work so hard to provide cover for Russia,” said Clint Watts, a former F.B.I. special agent and Russian information warfare expert at the Foreign Policy Research Institute. All countries spy on each other, of course, and — for now — that appears to have been the first objective of the Russian campaign, one that researchers said on Friday appears to date back to October 2019, six months earlier than initially believed.That was when hackers, presumed to be working for the SVR, one of the most elite and talented of the Russian spy agencies, first broke into the SolarWinds network management software, which is used across the federal government and by three-quarters of the nation’s Fortune 500 companies.The theory is that the Russians were trying to figure out whether they could get into the “supply chain” of software that would give them broad access to the array of systems that make America tick.What no one in the Trump administration wants to address, at least publicly, is how the Russians managed to evade billions of dollars in American-built defenses designed to alert agencies to foreign intrusions. That question, too, now seems certain to be left to Mr. Biden to answer.From their new cyber command center in Fort Meade, Md., the NSA and Cyber Command monitor incoming attacks, the way generations of American military officials jammed underground command centers to look for incoming missile attacks. In this case, the sensors never went off, and the commander of those cyber forces, Gen. Paul M. Nakasone, one of the nation’s most experienced cyber warriors, has said not one word in public about what went wrong.The private sector will face hard questions as well. The majority of infections, Microsoft said, were of private firms, many of them cybersecurity companies. FireEye only detected the attack after Russians cleaned it out too, taking the “Red Team” tools the firm uses to probe corporate and government systems for vulnerabilities.The Russian attack was carefully calibrated to avoid cybersecurity defenses. It gained access to the updates of the SolarWinds software — akin to the updates Apple and other phone makers push onto cellphones as they charge overnight — betting that small changes in code would not be noticed.By compromising the updates, they gained access to 18,000 government agencies and companies. From there they planted “back doors” into the networks of some 40 companies, government agencies and think tanks, according to Microsoft, that allowed them to come and go, steal data and — though it apparently has not happened yet — alter data or conduct destructive attacks.“This was a cybersecurity superspreading event,’’ Mr. Smith said in an interview on Thursday evening, calling it “a moment of reckoning.” While Mr. Trump began his time in office with a strong cybersecurity team in the White House, his third national security adviser, John R. Bolton, ousted them and eliminated the post of a cyber czar with direct access to the president.The new National Defense Authorization Act, which Mr. Trump is threatening to veto for other reasons, would recreate such a post. Yet until Mr. Pompeo, who ran the C.I.A. for the first two years of the Trump administration, made his assessment in an interview on “The Mark Levin Show,” the administration had all but ignored the attack in public — perhaps realizing that an administration that came into office on the heels of Russian interference in the 2016 election was leaving as the victim of one of Russia’s most well-executed cyberattacks.“This was a very significant effort,” Mr. Pompeo said, adding that “we’re still unpacking precisely what it is.” He said he expected most of the details would remain classified.“Given the gravity of this breach, it’s concerning that President Trump is paying so little attention to it,” said Senator Martin Heinrich, the Democrat from New Mexico, home to the Los Alamos nuclear lab that Russians breached in the attack.He and other Democrats have pushed for an aggressive response. “We have failed to deter the Russians,” Senator Chris Coons of Delaware, a Democrat who is close to Mr. Biden, said on Thursday. “We are only going to see Putin stop this action when we stop him.” But if history is any guide, finding the right way to retaliate will be difficult. The United States conducts its own spying missions. America has carried out supply chain attacks, too, including against Iran’s nuclear centrifuges and its missile program. It has been running them against North Korea for years.“The U.S. government has no principled basis to complain about the Russia hack, much less retaliate for it with military means, since the U.S. government hacks foreign government networks on a huge scale every day,” Jack Goldsmith, a Harvard Law School professor who worked in the Bush administration.“Indeed, a military response to the Russian hack would violate international law.” he added. “The United States does have options, but none are terribly attractive.”That is the core of Mr. Biden’s problem. In the first 16 days of his presidency he will have to deal with Mr. Putin to address the renewal of New START, the nuclear arms control treaty that expires on Feb. 5. Mr. Biden has said he favors a clean renewal of the agreement, which can be extended five years without having to return to the Senate for approval.But he will be conducting that negotiation while also dealing with the question of how to retaliate to an ongoing attack whose full extent is still unknown.“They had unfettered access for nine months,” said Stephen Boyer, an executive at BitSight, a cybersecurity firm. “We may never know what we lost.” Reporting was contributed by Steve Kenny, Eric Schmitt and Julian Barnes.AdvertisementContinue reading the main story More

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    Pompeo Says Russia Was Behind Cyberattack on U.S.

    AdvertisementContinue reading the main storySupported byContinue reading the main storyPompeo Says Russia Was Behind Cyberattack on U.S.Secretary of State Mike Pompeo is the first member of the Trump administration to publicly link the Kremlin to the hacking of dozens of government and private systems.Secretary of State Mike Pompeo at the White House last week. In an interview on the Mark Levin Show, Mr. Pompeo called the attack a “very significant effort.”Credit…Oliver Contreras for The New York TimesDec. 19, 2020Updated 8:12 a.m. ETSecretary of State Mike Pompeo said Friday it was clear that Russia was behind the widespread hacking of government systems that officials this week called “a grave risk” to the United States.Mr. Pompeo is the first member of the Trump administration to publicly link the Kremlin to the cyberattack, which used a variety of sophisticated tools to infiltrate dozens of government and private systems, including nuclear laboratories, the Pentagon, and the Treasury and Commerce Departments.“I think it’s the case that now we can say pretty clearly that it was the Russians that engaged in this activity,” Mr. Pompeo said in an interview on “The Mark Levin Show.”“This was a very significant effort,” he said, adding that “we’re still unpacking precisely what it is.”President Trump has yet to address the attack, which has been underway since spring and was detected by the private sector only a few weeks ago. Until Friday, Mr. Pompeo had played down the episode as one of the many daily attacks on the federal government.But intelligence agencies have told Congress that they believe it was carried out by the S.V.R., an elite Russian intelligence agency. As evidence of the attack’s scope piled up this week, the Cybersecurity and Infrastructure Security Agency sent out an urgent warning on Thursday that the hackers had “demonstrated an ability to exploit software supply chains and shown significant knowledge of Windows networks.”The agency added that it was likely that some of the attackers’ tactics, techniques and procedures had “not yet been discovered.” Investigators say it could take months to unravel the extent to which American networks and the technology supply chain have been compromised.Microsoft said it had identified 40 companies, government agencies and think tanks that the hackers had infiltrated. Nearly half are private technology firms, Microsoft said, many of them cybersecurity firms, like FireEye, that are charged with securing vast sections of the public and private sector.“There are more nongovernmental victims than there are governmental victims, with a big focus on I.T. companies, especially in the security industry,” Brad Smith, Microsoft’s president, said in an interview on Thursday.FireEye was the first to inform the government that the hackers had infected the periodic software updates issued by a company called SolarWinds since at least March. SolarWinds makes critical network monitoring software used by the government, hundreds of Fortune 500 companies and firms that oversee critical infrastructure, including the power grid.The national security adviser, Robert C. O’Brien, cut short a trip to the Middle East and Europe on Tuesday and returned to Washington to run crisis meetings to assess the situation. The F.B.I., the Cybersecurity and Infrastructure Security Agency and the Office of the Director of National Intelligence formed an urgent response group, the Cyber Unified Coordination Group, to coordinate the government’s responses to what the agencies called a “significant and ongoing cybersecurity campaign.”The Russians have denied any involvement. The Russian ambassador to the United States, Anatoly I. Antonov, said Wednesday that there were “unfounded attempts by the U.S. media to blame Russia” for the recent cyberattacks.According to a person briefed on the attack, the S.V.R. hackers sought to hide their tracks by using American internet addresses that allowed them to conduct attacks from computers in the very city — or appearing so — in which their victims were based. They created special bits of code intended to avoid detection by American warning systems and timed their intrusions not to raise suspicions.The attacks, said the person briefed on the matter, shows that the weak point for the American government computer networks remains administrative systems, particularly ones that have a number of private companies working under contract.President-elect Joseph R. Biden Jr. said Thursday that his administration would impose “substantial costs” on those responsible.“A good defense isn’t enough; we need to disrupt and deter our adversaries from undertaking significant cyberattacks in the first place,” Mr. Biden said, adding, “I will not stand idly by in the face of cyberassaults on our nation.”Investigators and other officials say they believe the goal of the Russian attack was traditional espionage, the sort the National Security Agency and other agencies regularly conduct on foreign networks. But the extent and depth of the hacking raise concerns that hackers could ultimately use their access to shutter American systems, corrupt or destroy data, or take command of computer systems that run industrial processes. So far, though, there has been no evidence of that happening.Across federal agencies, the private sector and the utility companies that oversee the power grid, forensic investigators were still trying to unravel the extent of the compromise. But security teams say the relief some felt that they did not use the compromised systems turned to panic on Thursday, as they learned other third-party applications may have been compromised.Inside federal agencies and the private sector, investigators say they have been stymied by classifications and a siloed approach to information sharing.“We have forgotten the lessons of 9/11,” Mr. Smith said. “It has not been a great week for information sharing and it turns companies like Microsoft into a sheep dog trying to get these federal agencies to come together into a single place and share what they know.”Reporting was contributed by David E. Sanger, Nicole Perlroth, Eric Schmitt and Julian Barnes.AdvertisementContinue reading the main story More

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    How to Reform the Presidency After the Wreckage of Trump

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyHow to Reform the Presidency After the Wreckage of TrumpOur post-Watergate laws and practices for the presidency need revamping.Bob Bauer and Mr. Bauer served as White House counsel to President Obama and as senior adviser for the Biden campaign. Mr. Goldsmith served in the George W. Bush administration as an assistant attorney general and as special counsel to the Department of Defense. They are the authors of “After Trump: Reconstructing the Presidency.”Dec. 18, 2020, 5:00 a.m. ETCredit…Damon Winter/The New York TimesNow that Donald Trump’s time in the White House is ending, an urgent task is the reform of the presidency that for four years he sought to shape in his image and to run in his personal and political self-interest. What the those years have shown is that the array of laws and norms that arose after Watergate and Vietnam requires an overhaul.Any program for reform of the presidency must give precedence to our health and economic crises. It must also acknowledge political realities. Some reforms can be carried out by the executive branch, but others require legislation. Those must attract at least modest bipartisan support in the Senate.With these constraints in mind, an agenda for reform of the presidency could realistically reflect the following priorities:Executive Branch ReformsThese reforms should focus on restoring the integrity of the rule of law, especially to check presidential interventions in law enforcement for self-protection or to harm political enemies. The Constitution vests executive law enforcement power in the president, so the executive branch must institute most of these reforms. Internal branch reforms lack legal enforceability but can establish or reinforce guardrails that constrain even norm-breaking presidencies, especially by influencing presidential subordinates.Because President Trump defied them regularly, and sometimes his Justice Department did, too, there’s a lot of skepticism about norms. But actually norms succeeded more in checking him than has been appreciated — for example, in ensuring that Robert Mueller, despite Mr. Trump’s opposition, could complete his inquiry; in protecting federal prosecutors in New York in any investigation of matters related to Mr. Trump; and in preventing the Justice Department from carrying out the president’s desire to prosecute his enemies.Reforms should include sharpening Justice Department regulations against political bias in law enforcement; extending to the attorney general the department norms against interfering in investigations; clarifying the rules for investigations of presidents and presidential campaigns to protect against the political impact of investigative steps or announcements, like actions taken close to an election; and changing the regulations so that a special counsel possesses enhanced independence from the attorney general and can report to Congress and American people the facts of any credible allegations of criminal conduct against a president or senior executive branch official.Congressional ReformsCongress should by statute supplement the executive reforms. Three should have broad public support and should be easier for Republican legislators to vote for once Mr. Trump is out of office.First, Congress should transform into law the anti-corruption norms of presidential behavior that have long been accepted by both parties but were flouted by Mr. Trump. That would include requiring presidents and presidential candidates to make a timely disclosure of their tax returns. It should also bar the president, under threat of criminal penalty, from any role in the oversight of any business; ban presidential blind trusts, which in this context are inconsistent with core concepts of transparency and accountability; and establish procedures for Congress to police the “emoluments” the president would receive from foreign states.Second, Congress should expressly bar presidents from obstructing justice for self-protection, protection of family members and to interfere in elections. It should also make it a crime for a president to offer a pardon in exchange for bribes, including clemency granted for silence or corrupt action in a legal proceeding.Third, Congress must upgrade legal protections against foreign electoral interference, a concern for both the American people and the U.S. intelligence community. Congress should require campaigns to report to the F.B.I. any contacts from foreign states offering campaign support or assistance. And to clarify that foreign governments cannot offer, and presidential campaigns cannot solicit or receive, anything of value to a campaign, like opposition research, it must criminalize any mutual aid agreements between presidential campaigns and foreign governments.One sharp conflict between the executive and legislative branches needs an urgent fix and is ripe for a deal: the regulation of executive branch vacancies. Many presidential administrations — the Trump administration more aggressively than others — have circumvented the Senate confirmation process for top executive branch appointments by making unilateral temporary appointments.These tactics exploited loopholes in federal vacancies law. Compounding this problem is that the number of Senate-confirmed executive branch positions has grown (it is now around 1,200), and the Senate in recent decades has become more aggressive in using holds and filibusters to block or delay confirmation. Congress should significantly reduce the number of executive positions requiring confirmation in exchange for substantially narrowed presidential discretion to make temporary appointments.The strength of a presidency is measured by its capacity for effective executive leadership. Mr. Trump’s record of feckless leadership was closely related to his unrelenting efforts to defy or destroy constraining institutions. The reforms proposed here would enhance the institutional constraints that legitimate the president’s vast powers.They would thus serve the twin aims of ensuring that the “energy in the executive” that Alexander Hamilton defined as “a leading character in the definition of good government” is nonetheless embedded, as the historian Arthur Schlesinger Jr. rightly insisted, in a “system of accountability that checks the abuse of executive power.”Bob Bauer, a senior adviser for the Biden campaign and a professor of practice and distinguished scholar in residence at New York University School of Law, and Jack Goldsmith (@jacklgoldsmith), a law professor at Harvard, a senior fellow at the Hoover Institution and a former assistant attorney general in the George W. Bush administration, are the authors of “After Trump: Reconstructing the Presidency.”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.AdvertisementContinue reading the main story More