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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

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    Trump Didn’t Break Our Democracy. But Did He Fatally Weaken It?

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyTrump Didn’t Break Our Democracy. But Did He Fatally Weaken It?The election provides a clear example of resilience to authoritarian pressure. But it doesn’t mean our democracy is unbreakable.Susan D. Hyde and Dr. Hyde is a political scientist at the University of California, Berkeley. Dr. Saunders is a political scientist in the Walsh School of Foreign Service at Georgetown.Dec. 15, 2020, 7:04 p.m. ETCredit…Doug Mills/The New York TimesAfter the Electoral College vote on Monday affirming his election, Joe Biden declared that “nothing, not even a pandemic or an abuse of power, can extinguish” the “flame of democracy.” Mr. Biden’s speech and the vote capped a series of victories for democratic institutions, including the Supreme Court’s dismissal of a Texas lawsuit that sought to overturn the election results — just the latest turn in the extended refusal of President Trump and his Republican enablers to accept the outcome.Political scientists like us are trying to assess the damage from Mr. Trump’s baseless, inept and ultimately doomed attacks on democracy. Do the sharp rebukes from our courts and other institutions mean that democracy “survived,” and we can simply move on? Or does all the talk about what “saved” American democracy really show that it’s in deep trouble?After all, that Texas lawsuit had the public support of more than half of the Republican House members. And it looks like even Vladimir Putin beat Mitch McConnell to congratulate Mr. Biden.The problem is we’ve been treating Mr. Trump’s attacks on democracy as if they are a pass-fail test. We should instead think of democracy as both damaged and resilient, like a forest after a powerful windstorm.In our research, we argue that though all democracies are imperfect, one of their central virtues is that they are built to be resilient — to bend without breaking, even when elected leaders pull institutions in an authoritarian direction. But just because they’re more flexible doesn’t mean democracies can’t break. Resilience — the ability to adapt and keep functioning under strain — is a resource that needs replenishing, not a guarantee of safe passage.It’s normal for institutions to face challenges from events or from politicians who try to use them for their own purposes. When institutions survive a stress test, they may come out stronger or weaker. Ambiguous laws can be clarified to withstand abuse; regulations can be updated; and public officials gain experience in how to prevent or defend against future tests. But it can take time for the strengthening to occur.The 2020 election provides a clear example of democratic resilience to authoritarian pressure. Election officials and judges fielding legal challenges had to adapt not only to the enormous logistical challenges of the pandemic but also to Mr. Trump’s rhetoric. His attacks — and those from elected officials in his party and from the conservative media — put additional pressure on election officials and poll workers, who faced threats, intimidation efforts and overt pressure to ignore the will of the voters.Yet in most of the more than 10,000 electoral jurisdictions across the country, voters cast ballots without incident and Election Day was peaceful. International election observers praised the election as orderly and organized.Both democracy optimists and pessimists can draw the conclusions they want to see from this example. Optimists can say that our election system faced the 2020 test admirably, and those who run it will be better prepared for future efforts to undermine their work. Pessimists can say that Mr. Trump’s attacks will leave lasting scars. Next time, election officials might give in to political pressure. Or the damage might be invisible, like a tree’s weakened root system, deterring people from running for office or working at the polls.Right now, there’s no way to know if the damage will be permanent. But we do know that democracies are better able to recover from such assaults because they allow for routine, peaceful replacement of leaders or parties. Dictators are more likely to be replaced through rebellion, military coup or civil war than through constitutional processes like elections and impeachment.This is what democracy optimists get right. Mr. Trump’s abuse of foreign policy got him impeached. His spectacular failure to govern during a pandemic got him voted out of office.But eventually, if stretched too far, democratic institutions will reach a limit. There may not be a dramatic break, like a coup, but democracy will be twisted and warped and cannot return to its original shape.Take the example of Nicaragua. President Daniel Ortega, after losing several elections, conspired to change the voting rules such that he was able to win the presidency in 2006 with just 38 percent of the vote. He has since moved Nicaragua further toward authoritarianism.Here at home, Mr. Trump’s refusal to accept his defeat is his most blatant threat to democracy. He has generated worrisome precedents and undermined shared assumptions about what happens after an incumbent loses. His bizarre legal strategy has failed, but he has turned the base of the Republican Party and many congressional Republicans against valuing democracy for its own sake. And those values are the ultimate source of democratic resilience.But has Mr. Trump stretched democratic institutions beyond recognition, or, provided that they survive their near-term vulnerability, could U.S. democratic institutions grow back stronger?There are already many reform proposals that could help rebuild democratic resilience. Many are focused on what can be reformed: institutions and the rules that govern them. For example, the nonpartisan Election Reformers Network’s proposal to reduce conflicts of interest among secretaries of state, based on successful models in other countries, and other proposals to rectify Mr. Trump’s attacks on checks and balances across the government.But a healthy, resilient democracy also requires sufficient citizen support for democracy across the political spectrum. And that, in turn, depends on both parties embracing a commitment to democratic principles — a tall order given the Republican Party’s recent behavior.The trouble for those wanting to put this period behind them is that it’s hard to assess whether the damage is lasting until it’s too late. Our democracy has survived for now, but we don’t yet know whether some crucial democratic institutions bent so far that faced with the next test, they’ll break.Susan D. Hyde (@dshyde) is a professor of political science at the University of California, Berkeley. Elizabeth N. Saunders (@ProfSaunders) is an associate professor in the Edmund A. Walsh School of Foreign Service at Georgetown University and a nonresident senior fellow at the Brookings Institution.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