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      Mike Pence Plays to the G.O.P. Base From a Times Stage

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      Mr. Pence, while promoting his new book at the DealBook Summit, frowned upon the idea of the Justice Department’s taking action against his former boss.Former Vice President Mike Pence said that he hoped Elon Musk would “create a level playing field” on Twitter that doesn’t censor users.Hiroko Masuike/The New York TimesNEW YORK — Former Vice President Mike Pence leaned into Republican talking points on Wednesday about Elon Musk and Disney while walking a familiar fine line on his former boss, delivering a message seemingly geared toward conservatives who will decide whether he is a viable presidential contender in 2024.Appearing at The Times’s DealBook Summit in New York, Mr. Pence was repeatedly pressed by Andrew Ross Sorkin, the founder of DealBook, to talk about the Jan. 6, 2021, attack on the U.S. Capitol and the character of former President Donald J. Trump. He demurred.Even as he repeated his belief that Mr. Trump is not an antisemite, he again condemned Mr. Trump for hosting Nick Fuentes, an outspoken antisemite and racist, at a recent dinner.“President Trump was wrong to give a white nationalist, a Holocaust denier, a seat at the table,” Mr. Pence said.He defended the role he had played on Jan. 6, when Mr. Trump’s supporters called for his hanging after he had refused to overturn the election of Joseph R. Biden Jr. as president.And he said that he had never seen “evidence of widespread fraud that would change the outcome” of the 2020 presidential election.When asked whether Mr. Trump should face an indictment by the Justice Department, he frowned on the scenario.“I’m not sure that taking bad advice from lawyers is a violation of criminal law,” he said. “We see too many cases in third world countries where the incoming administration prosecutes a prior administration. That is not an image I want to resonate for the United States.”He also doubled down on comments he made earlier in the day during a Fox News appearance about Mr. Musk, saying he had faith in Mr. Musk’s overhaul of Twitter and its content guidelines, which had led the company under its previous ownership to banish Mr. Trump after the Jan. 6 attack.Mr. Pence, who is weighing a run for president, took a swipe at Disney during his remarks as well. He sought to correlate its stock losses and a recent executive shake-up with the company’s criticism of Florida’s “Don’t Say Gay” bill. The measure prohibits classroom instruction about sexual orientation and gender identity in some elementary school grades.“I think Bob Iger’s recent statements, coming into lead Disney again, prove that the antidote to woke America is America,” he said, referring to Mr. Iger’s return as Disney’s chief executive.He also mentioned his new book, “So Help Me God,” no fewer than seven times — enough to make it a punchline.“As you can tell, if I haven’t mentioned, I have a book,” Mr. Pence joked.“We got that,” Mr. Sorkin said. “We are good.”Mr. Pence underlined, as he often had before, that he was proud of the work done by the Trump administration. But, he noted, “It obviously didn’t end well.” More

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      Mike Pence Is Having a Moment He Doesn’t Deserve

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      Mike Pence had a go-to line during his time as vice president of the United States. When his boss would ask him to carry out some task or duty — say, take an overseas trip or run the response to a pandemic — Pence would look President Trump in the eye, nod and say, “I’m here to serve.”The phrase recurs in Pence’s new memoir, “So Help Me God,” which covers his years as a congressman, governor of Indiana and vice president, with a focus on Pence’s actions during the assault on the Capitol on Jan. 6, 2021. It is the tale of the loyalist who finally had enough, of the prayerful stand-taker who insisted that he did not have the power to overturn an election, no matter the arguments concocted by Trump and his air-quote lawyers.With rioters calling for his hanging and Trump tweeting that Pence lacked “the courage to do what should have been done,” the vice president turned to the aides and family members with him in an underground loading dock at the Capitol. “It doesn’t take courage to break the law,” he told them. “It takes courage to uphold the law.” It is an inspiring scene, marred only by Pence then asking his daughter to write down what he said.Pence has been busy promoting “So Help Me God” on television, distancing himself from Trump (urging him to apologize for dining with a Holocaust-denying white supremacist at Mar-a-Lago last week) and even teasing a possible White House run of his own in 2024. The book debuted at No. 2 on The New York Times hardcover nonfiction best-seller list, and the Justice Department is now seeking to question Pence in its investigation of Trump’s efforts to remain in power after the 2020 election. Clearly, the former veep is having his moment.Feel free to buy the book, but don’t buy the redemption tale just yet. Pence was indeed in the White House to serve, but he served the president’s needs more than those of the nation. In “So Help Me God,” Pence rarely contradicts the president, even in private, until the days immediately preceding Jan. 6. He rarely attempts to talk Trump out of his worst decisions or positions. He rarely counters Trump’s lies with the truth.Most damning, Pence failed to tell the president or the public, without hedging or softening the point, that the Trump-Pence ticket had lost the 2020 election, even after Pence had reached that conclusion himself. Americans should be enormously grateful that the vice president did not overstep his authority and attempt to reverse the will of the voters on Jan. 6. But you shouldn’t get the glory for pulling democracy back from the brink if you helped carry it up there in the first place. And, so help me God, Pence did just that.Why wouldn’t Trump — a man Pence invariably calls “my president” and “my friend” — assume that his vice president would help steal the election? Pence had agreed to so much else, had tolerated every other national and personal indignity with that faraway, worshipful gaze.The irony is that Pence’s record of reliable servility was a key reason he was in position to be the hero at the end. And so the vice president became that rarest of Trump-era creatures: a dedicated enabler who nonetheless managed to exit the administration with a plausible claim to partial credit. If Pence got to do the right thing on Jan. 6, it was because he had done the wrong one for so long.The purpose of the vice president, of course, is to serve as second banana, preferably without getting too mottled by lousy assignments, presidential indifference or embarrassing deference. (Pence fills his sycophancy quotas in the book, extolling the president’s physical stamina, likening Trump to Jimmy Stewart’s character in “Mr. Smith Goes to Washington” and noting that he displayed a signed copy of “The Art of the Deal” in his West Wing office during his entire vice presidency.) Still, I searched through the 542 pages of this memoir for any instances in which Pence exercised enough character and independent judgment to tell Trump that he might have been on the wrong course about something, about anything. I found two such cases before the events surrounding Jan. 6. Two.No, it’s not when the president fired F.B.I. director James Comey in May of 2017, an action Trump took not for self-serving reasons, he assured Pence, but because it was “the right thing to do for the country.” (Apparently Pence is so persuaded by this argument that he quotes it twice.) It’s not when Trump praised the “very fine people” on both sides of the Charlottesville tragedy in August 2017. (Any notion of a false equivalence between neo-Nazis and those opposing them, Pence explains, was an unfortunate “narrative” that “smeared” his good friend in the Oval Office.)It’s not when the administration separated children from their parents at the southern U.S. border. (On immigration, Pence writes, Trump “led with law and order but was prepared to follow with compassion.”) It’s not when Trump pressed Ukraine’s leader to investigate a potential Democratic rival in the 2020 election. (“It was a less-than-perfect call,” Pence acknowledges, but its imperfections were stylistic, the product of Trump’s “casual” and “spontaneous” approach to foreign relations.)It’s not when Trump confused a frightened populace with his nonsensical coronavirus briefings in the spring of 2020. In fact, Pence explains away those sessions by suggesting that Trump believed that “seeing him and the press argue was in some way reassuring to the American people that life was going on.” And it’s not when Trump shared a stage with Vladimir Putin in Helsinki in July 2018 and accepted the Russian president’s denials about election interference. Pence says he encouraged Trump to “clarify” his views, but the vice president seemed far more troubled by media coverage of the event. “The press and political establishment went wild,” he writes. “It sounded as though the president was taking Putin’s side over that of his national security officials.” If it sounded that way, it was because that was the sound the words made when they left the president’s mouth.That is a standard Pence feint: When Trump says or does something wildly objectionable, Pence remains noncommittal on the matter and just condemns the “ever-divisive press” that covered it. When Trump derided Haiti, El Salvador and various African nations as “shithole countries” in an Oval Office conversation in early 2018, “the media predictably went into a frenzy,” Pence laments. The former vice president even faults journalists for drawing attention to Covid infection numbers in May 2020, “at a time,” Pence writes, “when cases in more than half of the states were dropping, and case rates were also in decline, numbering 20,000 a day, down from 30,000 in April.” As if 20,000 new Americans infected with a dangerous virus each day was not newsworthy.The two meaningful disagreements that Pence expressed to the president in real time were these: First, Pence demurred when Trump considered inviting Taliban representatives to Camp David; he suggested that the president “reflect on who they are and what they’ve done and if they have truly changed.” Second, the president and vice president had a testy exchange when Corey Lewandowski, a former Trump campaign manager, left a pro-Trump super PAC and joined Pence’s political action committee. Pence reminded Trump that he had encouraged the move, but Trump denied having done so. “By that point I was angry,” Pence acknowledges; he even admits to raising his voice. Somehow, the Taliban and Corey Lewandowski rated equally as lines that shall not be crossed.Between Election Day on Nov. 3, 2020, and the tragedy of Jan. 6, 2021, while Trump and his allies propagated the fiction of a stolen vote, Pence enabled and dissembled. Describing the outcome of the vote in his memoir, he offers a gloriously exculpatory euphemism, writing that “we came up short under circumstances that would cause millions of Americans to doubt the outcome of the election.” (Circumstances could not be reached for comment.)When Trump declared victory in the early hours of Nov. 4, Pence stood alongside him in the East Room of the White House, in front of dozens of U.S. flags and behind a single microphone, and “promised that we would remain vigilant to protect the integrity of the vote,” Pence recalls. In the days that followed, Pence addressed conservative audiences and pledged to continue the fight “until every legal vote is counted and every illegal vote is thrown out!”Note those slippery, wiggle-room formulations. Pence does not directly state that he believed the election had been stolen, yet his rhetoric still appears fully in line with Trump’s position. The ovations at his speeches were “deafening,” Pence notes. So was his public silence about the truth. Less than a week after the election, Pence had already admitted to Jared Kushner that “although I was sure that some voter fraud had taken place, I wasn’t convinced it had cost us the election.” Why not share that conclusion with the public? Why stand by as the big lie grew bigger and Jan. 6 grew inevitable?The memoir revisits several conversations between Pence and Trump in the weeks immediately preceding Jan. 6 — all missed opportunities to convey the truth to the boss. Instead, Pence reassured Trump that “the campaign was right to defend the integrity of America’s elections.” (Pence often refers obliquely to the actions of “the campaign,” as if he played no role in it, as if his name was not even on the ballot.) He dances around reality, coming closest to it when he advised the president that “if the legal challenges came up short and if he was unwilling to concede, he could simply accept the results of the elections, move forward with the transition, and start a political comeback.”On Dec. 14, 2020, state electors officially voted and delivered an Electoral College majority to Joe Biden and Kamala Harris, leading Pence to acknowledge that “for all intents and purposes, at that point the election was over.” He says so now in the memoir; if only he had said it in public at the time. Yes, he told Trump repeatedly that the vice president lacks the authority to overturn the results of the election. But not once in his book does Pence say to the president that, even if I had the authority, I would not exercise it — because we lost.Throughout “So Help Me God,” readers find Pence still running interference for Trump, still minimizing his transgressions. When he quotes the president’s video from the afternoon of Jan. 6, in which Trump finally called on the rioters to stand down, Pence makes a revealing omission. Here is how he quotes Trump: “I know your pain, I know your hurt … but you have to go home now, we have to have peace.” What did Pence erase with that ellipsis? “We had an election that was stolen from us,” Trump said in the middle of that passage. “It was a landslide election, and everyone knows it, especially the other side.” So much of Pence’s vice presidency is captured in those three little dots.Sometimes the problem is not the relevant material Pence leaves out, but the dubious material he puts in. Pence writes, with an overconfidence bordering on overcompensation, that he was going to win re-election as Indiana governor in 2016, that his victory “was all but assured.” In fact, Pence’s approval ratings in the final stretch of his governorship were low and polls indicated a tight contest against his Democratic opponent.Pence writes that Trump “never tried to obscure the offensiveness of what he had said” on the infamous “Access Hollywood” tape, perhaps forgetting that Trump dismissed his words as mere “locker room talk” and later suggested that the voice on the recording might not have been his own.Pence also writes that the White House, busy with its Covid response, did not have “much time for celebrating” after the president’s acquittal in his first Senate impeachment trial in February 2020, even though the next day Trump spoke about it in the White House for more than an hour before a crowd of lawmakers, aides, family members and lawyers. Trump explicitly called the speech a “celebration” and referred to that day, Feb. 6, 2020, as “a day of celebration,” as Pence, sitting in the front row, no doubt heard. The day would indeed prove a high point in the administration’s final year, as a pandemic, electoral defeat and insurrection soon followed.“I prayed for wisdom to know the right thing to do and the courage to do it,” Pence writes of the days before Jan. 6. Unsurprising for a book with this title, Pence’s Christian faith is a constant reference point. Raised Catholic, Pence describes being born again during his college years and joining an evangelical church with his wife. Throughout the memoir, Pence is often praying, and often reminding readers of how often he prays.Each chapter begins with a Bible passage, and Pence highlights individuals he deems particularly “strong” or “devout” Christians, with Representative Julia Carson of Indiana, who died in 2007, Senator Josh Hawley, Representative Jim Jordan and Secretary of State Mike Pompeo making the cut. I kept wondering if he would consider the role that his outspoken faith may have played in getting him on the ticket in the first place. If Trump picked him to reassure Christian conservatives, how does Pence feel about that bargain?In the epilogue, Pence provides a clue. Of all the Trump administration’s accomplishments, he writes, the “most important of all” was making possible the Supreme Court’s decision in Dobbs v. Jackson, which ended the constitutional right to abortion. “The fact that three of the five justices who joined that opinion were appointed during the Trump-Pence administration makes all the hardship we endured from 2016 forward more than worth it.” Pence, in other words, is the ultimate “But Gorsuch!” voter. That is what he got out of the bargain, plus a new national profile that he may leverage into a bid for the only higher office left to seek.In the book’s appendix, Pence reprints several documents that emphasize different aspects of his public service. There is his 2016 Republican convention speech, in which he hailed Trump as both an “uncalculating truth-teller” and “his own man, distinctly American”; his 2016 State of the State of Indiana address; his letter to Congress on Jan. 6, 2021, in which he stated that the vice president’s role in certifying an election is “largely ceremonial”; and his letter to then-Speaker Nancy Pelosi, six days after the attack on the Capitol, refusing to invoke the Constitution’s 25th Amendment to remove Trump from office. Pence also adds two texts in which he takes special pride, and which I imagine him citing in any future presidential run.First is an essay titled “Confessions of a Negative Campaigner,” which Pence published in 1991 after his second failed run for Congress. “It is wrong, quite simply, to squander a candidate’s priceless moment in history, a moment in which he or she could have brought critical issues before the citizenry, on partisan bickering,” Pence wrote. He was describing himself, with regret. The second is a speech that Pence, then representing Indiana’s Sixth Congressional District, delivered at Hillsdale College in 2010. “You must always be wary of a president who seems to float upon his own greatness,” Pence declared. He was describing the Obama presidency, with disdain. The president, he wrote, “does not command us; we command him. We serve neither him nor his vision.” Pence warned that “if a president joins the power of his office to his own willful interpretation, he steps away from a government of laws and toward a government of men.”These documents provide an apt coda to Pence’s vice presidency. One day, he may use them to distinguish himself from his president and his friend, to try to show that Pence, too, can be his own man. For now, he does not make the obvious connection between the sentiments in his essay and speech and his experience campaigning and governing alongside Donald Trump. Or if he does, he is calculating enough to keep it to himself.After all, Mike Pence was there to serve.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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      No One Is Coming to Save Us From the ‘Dagger at the Throat of America’

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      This article is part of a collection on the events of Jan. 6, one year later. Read more in a note from Times Opinion’s politics editor Ezekiel Kweku in our Opinion Today newsletter.The saturation coverage of the anniversary of the Jan. 6 insurrection and of Donald Trump’s attempt to bully his way into a reversal of his loss in the 2020 presidential election has felt dispiriting. More than 70 percent of Republican voters say that they believe Mr. Trump’s false claim of a stolen election, and 59 percent say that accepting the Big Lie is an important part of what it means to be a Republican today.As we all know, the hyperpolarized, social media-driven information environment makes it virtually impossible to persuade those voters that the 2020 election was fairly run. Those who believe the last election was stolen will be more likely to accept a stolen election for their side next time. They are more willing to see violence as a means of resolving election disputes. Political operatives are laying the groundwork for future election sabotage and the federal government has done precious little to minimize the risk.Many people who are not dispirited by such findings are uninterested. Exhausted by four years of the Trump presidency and a lingering pandemic, some Americans appear to have responded to the risks to our democracy by simply tuning out the news and hoping that things will just work out politically by 2024.We must not succumb to despair or indifference. It won’t be easy, but there is a path forward if we begin acting now, together, to shore up our fragile election ecosystem.Let’s begin by reviewing some of the key problems. Those who administer elections have faced threats of violence and harassment. One in four election administrators say that they plan to retire before 2024. Republican election and elected officials who stood up to Mr. Trump’s attempt to rig the 2020 vote count, like Georgia’s Secretary of State, Brad Raffensperger, who refused Mr. Trump’s entreaties to “find” 11,780 votes to flip the election to him, are being pushed out or challenged for their jobs in primaries by people embracing Mr. Trump’s false claims, like Representative Jody Hice.The new Republicans running elections or certifying or counting votes may have more allegiance to Mr. Trump or his successor in 2024 than to a fair vote count, creating conditions for Democrats to join Republicans in believing the election system is rigged. If Mr. Hice is Georgia’s Secretary of State in 2024 and declares Mr. Trump the winner of the 2024 election after having embraced the lie that Mr. Trump won Georgia in 2020, which Democrats will accept that result?Trumpist election administrators and Mr. Trump’s meddling in Republican primaries and gerrymandered Republican legislatures and congressional districts create dangerous electoral conditions. They make it more likely that state legislatures will try to overturn the will of the people — as Mr. Trump unsuccessfully urged in 2020 — and select alternative slates of presidential electors if a Democrat wins in their states in 2024. A Republican majority in the U.S. House of Representatives in 2025 could count the rogue, legislatively submitted slates of presidential electors instead of those fairly reflecting actual election results in the states. In the meantime, some Republican states are passing or considering additional laws that would make election sabotage more likely.The federal government so far has taken few steps to increase the odds of free and fair elections in 2024. Despite the barely bipartisan impeachment of Mr. Trump for inciting an insurrection and the barely bipartisan majority vote in the U.S. Senate for conviction, Mr. Trump was neither convicted under the necessary two-thirds vote of the Senate nor barred from running for office again by Congress, as he could have been under Section 3 of the Fourteenth Amendment for inciting insurrection. While the Department of Justice has prosecuted the rioters — obtaining convictions and plea agreements for hundreds who trespassed and committed violence — so far no one in Mr. Trump’s circle, much less Mr. Trump, has been charged with federal crimes connected to Jan. 6 events. He faces potential criminal action in Georgia for his call with Mr. Raffensperger, but neither indictment nor conviction by a jury is assured.Congress has fallen down, too. House and Senate Republicans bear the greatest share of the blame. Some were just fine with Mr. Trump’s authoritarian tendencies. Others abhorred his actions, but have done nothing of substance to counteract these risks. The Senate minority leader, Mitch McConnell, gave an impassioned speech against Mr. Trump’s actions after Jan. 6, but he did not vote for conviction, perhaps fearing the wrath of the Republican base.More surprisingly, Democratic House and Senate leaders have not acted as if the very survival of American democracy is at issue, even though leading global experts on democratic backsliding and transitions into authoritarianism have been sounding the alarm.President Biden put it well in his Jan. 6 anniversary speech about Mr. Trump and his allies holding “a dagger at the throat of America, at American democracy.” But we need action, not just strong words.Here are the three principles that should guide action supporting democratic institutions and the rule of law going forward.To begin with, Democrats should not try to go it alone in preserving free and fair elections. Some Democrats, like Marc Elias, one of the leading Democratic election lawyers, are willing to write off the possibility of finding Republican partners because most Republicans have failed to stand up to Mr. Trump, and even those few Republicans who have do not support Democrats’ broader voting rights agenda, such as passage of the John Lewis Voting Rights Advancement Act.Flying solo is a big mistake. Democrats cannot stop the subversion of 2024 election results alone, particularly if Democrats do not control many statehouses and either house of Congress when Electoral College votes are counted on Jan. 6, 2025. Why believe that any legislation passed only by Democrats in 2022 would stop subversive Republican action in 2024? A coalition with the minority of Republicans willing to stand up for the rule of law is the best way to try to erect barriers to a stolen election in 2024, even if those Republicans do not stand with Democrats on voting rights or other issues. Remember it took Republican election officials, elected officials, and judges to stand up against an attempted coup in 2020.Other Republicans may find it in their self-interest to work with Democrats on anti-subversion legislation. Senator Minority Whip John Thune recently signaled that his party may support a revision of the Electoral Count Act, the old, arcane rules Congress uses to certify state Electoral College votes. While Mr. Trump unsuccessfully tried to get his Republican vice president, Mike Pence, to throw the election to him or at least into chaos, Republicans know it will be Democratic vice president Kamala Harris, not Mr. Pence, who will be presiding over the Congress’s certification of Electoral College votes in 2025. Perhaps there is room for bipartisan agreement to ensure both that vice presidents don’t go rogue and that state legislatures cannot simply submit alternative slates of electors if they are unsatisfied with the election results.Reaching bipartisan compromise against election subversion will not stop Democrats from fixing voting rights or partisan gerrymanders on their own — the fate of those bills depend not on Republicans but on Democrats convincing Senators Manchin and Sinema to modify the filibuster rules. Republicans should not try to hold anti-election subversion hostage to Democrats giving up their voting agenda.Second, because law alone won’t save American democracy, all sectors of society need to be mobilized in support of free and fair elections. It is not just political parties that matter for assuring free and fair elections. It all of civil society: business groups, civic and professional organizations, labor unions and religious organizations all can help protect fair elections and the rule of law. Think, for example, of Texas, which in 2021 passed a new restrictive voting law. It has been rightly attacked for making it harder for some people to vote. But business pressure most likely helped kill a provision in the original version of the bill that would have made it much easier for a state court judge to overturn the results of an election.Business groups also refused to contribute to those members of Congress who after the insurrection objected on spurious grounds to Pennsylvania’s Electoral College votes for Mr. Biden. According to reporting by Judd Legum, “since Jan. 6, corporate PAC contributions to Republican objectors have plummeted by nearly two-thirds.” But some businesses are giving again to the objectors. Customers need to continue to pressure business groups to hold the line.Civil society needs to oppose those who run for office or seek appointment to run elections while embracing Trump’s false claims of a stolen election. Loyalty to a person over election integrity should be disqualifying.Finally, mass, peaceful organizing and protests may be necessary in 2024 and 2025. What happens if a Democratic presidential candidate wins in, say, Wisconsin in 2024, according to a fair count of the vote, but the Wisconsin legislature stands ready to send in an alternative slate of electors for Mr. Trump or another Republican based on unsubstantiated claims of voter fraud or other irregularities? These gerrymandered legislators may not respond to entreaties from Democrats, but they are more likely to respond to widespread public protests made up of people of good faith from across the political spectrum. We need to start organizing for this possibility now.The same applies if Kevin McCarthy or another Republican speaker of the House appears willing to accept rogue slates of electors sent in by state legislators — or if Democrats try to pressure Kamala Harris into assuming unilateral power herself to resolve Electoral College disputes. The hope of collective action is that there remains enough sanity in the center and commitment to the rule of law to prevent actions that would lead to an actual usurpation of the will of the people.If the officially announced vote totals do not reflect the results of a fair election process, that should lead to nationwide peaceful protests and even general strikes.One could pessimistically say that the fact that we even need to have this conversation about fair elections and rule of law in the United States in the 21st century is depressing and shocking. One could simply retreat into complacency. Or one could see the threats this country faces as a reason to buck up and prepare for the battle for the soul of American democracy that may well lay ahead. If Republicans have embraced authoritarianism or have refused to confront it, and Democrats in Congress cannot or will not save us, we must save ourselves.Richard L. Hasen (@rickhasen) is a professor of law and political science at the University of California, Irvine, and the author of “Election Meltdown: Dirty Tricks, Distrust and the Threat to American Democracy” and the forthcoming “Cheap Speech: How Disinformation Poisons Our Politics — and How to Cure It.”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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      Las frustraciones de Kamala Harris en la vicepresidencia

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      WASHINGTON — El presidente necesitaba al senador de Virginia Occidental de su lado, pero no estaba seguro de necesitar a su vicepresidenta para conseguirlo.Era verano, y el presidente de Estados Unidos, Joe Biden, estaba bajo una inmensa presión para ganarse el apoyo del senador Joe Manchin, cuyo voto decisivo en una Cámara dividida en partes iguales lo convertía en el socio negociador más delicado del mandatario. Biden había invitado a Manchin al Despacho Oval para exponer en privado los argumentos a favor de su legislación de política interior más importante. Justo antes de que Manchin llegara, se dirigió a la vicepresidenta, Kamala Harris.Lo que necesitaba de ella no era una estrategia ni un consejo. Solo necesitaba que diera un saludo rápido, lo que ella hizo antes de dar media vuelta y abandonar la sala para ir a otra reunión.El momento, descrito como un intercambio de “breves cumplidos” por un alto funcionario de la Casa Blanca y confirmado por otras dos personas que fueron informadas al respecto, fue un vívido recordatorio de la complejidad del cargo que ocupa Harris: aunque la mayoría de los presidentes les prometen a sus vicepresidentes acceso e influencia, al final el poder y la responsabilidad no se reparten por igual, y Biden no siempre siente la necesidad de contar con la opinión de Harris a la hora de sortear algunas de sus relaciones más importantes.En el caso de Harris, ella llegó al puesto sin fuertes lazos con senadores clave; una persona informada sobre la reunión en el Despacho Oval dijo que sería más productivo que la charla entre Biden y Manchin se mantuviera en privado. Tampoco está claro que el presidente tuviera mucha influencia por sí solo, dada la decisión que tomó el senador la semana pasada de romper con la Casa Blanca en materia del proyecto de ley de política interior.Sin embargo, sin un papel protagónico en algunas de las decisiones más críticas que enfrenta la Casa Blanca, la vicepresidenta está atrapada entre las críticas de que se está quedando corta y el resentimiento entre los partidarios que sienten que está perdiendo terreno en el gobierno del que forma parte. Y a sus aliados les preocupa cada vez más que, aunque Biden se apoyó en ella para que le ayudara a ganar la Casa Blanca, no la necesita para gobernar.“Creo que fue una gran ayuda para la campaña”, dijo Mark Buell, uno de los primeros recaudadores de fondos de Harris desde su primera carrera para fiscala de distrito en San Francisco. “Me gustaría verla empleada de la misma manera, ahora que están implementando sus objetivos o metas”.La urgencia que rodea su posición está ligada a si el presidente, que a sus 79 años es la persona de mayor edad en ocupar el cargo, se presentará a la reelección en 2024. El miércoles de la semana pasada dijo a ABC News que se presentaría de nuevo si gozaba de buena salud. Pero las preguntas sobre la preparación de Harris para el puesto más alto están comenzando mucho antes de lo que es habitual para un gobierno en su primer año.Harris se negó a dar una entrevista, pero los funcionarios de la Casa Blanca dijeron que su relación con Biden es una asociación.“La vicepresidenta ha trabajado con diligencia junto al presidente, coordinándose con socios, aliados y miembros demócratas de la Cámara de Representantes y el Senado para promover los objetivos de este gobierno”, dijo Sabrina Singh, vicesecretaria de prensa de Harris.Harris, una de las primeras candidatas favoritas cuyas ambiciones presidenciales se desvanecieron en medio de una campaña disfuncional en 2020, se incorporó a la candidatura de Biden debido a sus prioridades políticas, que reflejaban en gran medida las de él, y a su capacidad, como mujer negra, de reforzar el apoyo de las coaliciones de votantes que él necesitaba para ganar la presidencia. Sin embargo, según las entrevistas realizadas a más de dos decenas de funcionarios de la Casa Blanca, aliados políticos y funcionarios públicos electos actuales y anteriores, Harris sigue luchando para definirse en la Casa Blanca de Biden o para corregir de forma significativa lo que ella y sus asesores consideran una percepción injusta de que está a la deriva en el puesto.Harris se incorporó a la candidatura de Biden por sus prioridades políticas, que reflejan en gran medida las de él, y después de que su campaña presidencial se truncara.Maddie McGarvey para The New York TimesAnte la caída de sus índices de aprobación, una notoria rotación de personal y las constantes críticas de los republicanos y los medios de comunicación conservadores, ha recurrido a confidentes poderosos, entre ellos Hillary Clinton, para que le ayuden a trazar un camino a seguir.Harris ha dicho en privado a sus aliados que la cobertura informativa sobre ella sería diferente si fuera cualquiera de sus 48 predecesores, a los que ha descrito como todos blancos y varones (Charles Curtis, quien fue vicepresidente con Hoover, habló con orgullo de su ascendencia indígena). También les ha confiado las dificultades a las que se enfrenta con los temas inextricables de su cartera, como el derecho al voto y las causas profundas de la migración. La Casa Blanca ha respondido a las críticas mordaces en ambos frentes, por lo que, según los activistas, es una falta de atención.“Creo que no es ningún secreto que las diferentes cosas que se le han pedido son increíblemente exigentes, no siempre bien entendidas públicamente y requieren mucho trabajo, así como mucha habilidad”, dijo el secretario de Transporte, Pete Buttigieg, en una entrevista. “Hay que hacer todo menos una cosa, que es atribuirse el mérito”.Incluso en los mejores tiempos, las limitaciones de ese trabajo hacen que el cargo vicepresidencial sea a menudo una idea de última hora, y no a todas las personas a las que se les pide, aceptan. (“No me propongo ser enterrado hasta que esté realmente muerto y en mi ataúd”, dijo en la década de 1840 Daniel Webster, antiguo secretario de Estado, al rechazar el cargo).A decir de todos, Harris y el presidente Biden tienen una relación cálida.Al Drago para The New York TimesSin embargo, la complejidad de los temas que se le han asignado y las soluciones a largo plazo que requieren, deberían haber impulsado al ala oeste de la Casa Blanca a defender a Harris de una manera más agresiva ante el público, señaló la representante demócrata por California Karen Bass, expresidenta del caucus de congresistas negros.“La Casa Blanca podría haber sido más clara en cuanto a las expectativas de lo que se suponía que iba a ocurrir bajo la supervisión de Harris”, dijo.Otros demócratas señalan que sus frustraciones son más profundas.Harris, quien pasó gran parte de sus cuatro años en el Senado como candidata a la presidencia, se enemistó con Manchin después de que ella concedió una serie de entrevistas en Virginia Occidental que él interpretó como una infracción no deseada en su territorio. Cuando se le preguntó sobre el encuentro en el Despacho Oval durante el verano, una vocera de Manchin dijo que el senador goza de “una relación de trabajo amistosa y respetuosa” con la vicepresidenta.Harris, quien pasó gran parte de sus cuatro años en el Senado postulando a la presidencia, no llegó a Washington con fuertes lazos con los legisladores, particularmente con los senadores cuyos votos han sido críticos para la agenda de política interior de Biden.Doug Mills/The New York TimesEl representante por Texas Henry Cuellar, moderado y una de las voces más destacadas del Partido Demócrata en cuestiones fronterizas, dijo que sus experiencias con el equipo de Harris habían sido decepcionantes. Cuando Cuellar se enteró de que Harris iba a viajar a la frontera en junio, hizo que su personal llamara a la oficina de la vicepresidenta para ofrecerle ayuda y asesoramiento para su visita. Nadie le regresó la llamada.“Digo esto con mucho respeto hacia ella: ya está olvidado”, dijo Cuellar. “A ella se le encargó ese trabajo, no parece que esté muy interesada en esto, así que vamos a ir con otros que trabajen en este tema”, agregó.En el futuro, Cuellar dijo que iría directamente al ala oeste con sus preocupaciones sobre la migración en lugar de a la oficina de la vicepresidenta.De la Casa Blanca, Cuellar dijo: “Al menos hablan contigo”.Los colaboradores de Harris han señalado su labor de presión sobre otros países y empresas para que se unan a Estados Unidos en un compromiso de inversión de unos 1200 millones de dólares para ampliar el acceso digital, la resiliencia climática y las oportunidades económicas en Centroamérica. Sin embargo, se ha avanzado poco en la lucha contra la corrupción en la región.En lo que respecta al derecho al voto, Harris, quien le pidió a Biden que le permitiera encabezar los esfuerzos de su gobierno en este tema, invitó a activistas a la Casa Blanca y pronunció discursos. Pero su oficina no ha desarrollado planes detallados para trabajar con los legisladores a fin de asegurarse de que dos proyectos de ley que reformarían el sistema sean aprobados por el Congreso, según un alto funcionario de su oficina.Desde que llegó a Washington, Harris ha buscado el consejo de otras mujeres —incluida Clinton, la primera candidata demócrata a la presidencia— que han logrado un éxito político histórico para que la ayuden a encontrar un camino.“Existe una doble moral; por desgracia, eso sigue presente y se hace notar”, dijo Clinton en una entrevista. “En realidad, influye en mucho de lo que se está utilizando para juzgarla, al igual que lo que se usó para juzgarme a mí, a las mujeres que se postularon en 2020 o a todas las demás”.Las dos hablan cada pocos meses por teléfono; en noviembre, Clinton visitó a Harris en su oficina del ala oeste.Harris y Biden tras ganar las elecciones del 7 de noviembre de 2020.Erin Schaff/The New York TimesBass señaló que el doble rasero va más allá del género de Harris.“Sé, y todos lo sabíamos, que lo pasaría mal porque siempre que se es ‘la primera’, lo pasas mal”, dijo Bass. “Y ser la primera mujer vicepresidenta, ser la primera mujer negra y asiática, es un triple. Así que sabíamos que iba a ser duro, pero ha sido implacable, y creo que extremadamente injusto”.Antes de su viaje a Vietnam y Singapur en agosto, Harris llamó a Clinton y a varias ex secretarias de Estado, como Condoleezza Rice y Madeleine Albright. Ha mantenido varias conversaciones privadas con Angela Merkel, quien ha relatado los retos a los que se enfrentó como primera mujer canciller de Alemania.Para este artículo, la oficina de Harris proporcionó decenas de ejemplos de su trabajo. Fue enviada a Francia para seguir reparando las frías relaciones tras un embarazoso desencuentro diplomático, y la Casa Blanca consideró el viaje un éxito. Ha asistido a más de 30 eventos centrados en la promoción de la agenda doméstica del presidente, y su huella está en el proyecto final de la ley de infraestructuras en temas como la política de agua limpia, el acceso a la banda ancha y las inversiones para combatir los incendios forestales (el derecho al voto es otro).El presidente de Francia, Emmanuel Macron, recibió a Harris en el Palacio del Elíseo de París en noviembre.Sarahbeth Maney/The New York TimesEl presidente también reconoció el interés de Harris en aliviar la deuda de los préstamos estudiantiles cuando acordó el 22 de diciembre la ampliación de una moratoria en los reembolsos de los préstamos federales hasta el 1 de mayo, una decisión que fue aclamada por activistas y legisladores demócratas que le han pedido al gobierno que haga más al respecto.Sin embargo, mientras la Casa Blanca se esfuerza por sacar adelante una legislación importante, Biden se ha apoyado en su propia experiencia —36 años en el Senado y ocho años en la vicepresidencia— para conseguir que Estados Unidos supere la pandemia de coronavirus y cumplir una serie de promesas económicas de gran importancia. Mientras tanto, Harris se enfrenta a preguntas sobre cómo encaja en las principales prioridades de la Casa Blanca.A decir de todos, ella y el presidente mantienen una relación cálida. En las reuniones, los dos suelen intercambiar opiniones y Biden le permite intervenir y hacer preguntas que van más allá de lo que él ha pedido; un asesor lo comparó con el juego del “policía bueno y el policía malo”. Al lado del presidente, Harris, exfiscala, ha interrogado a expertos en economía y funcionarios de inmigración, a veces pidiéndoles que expliquen mejor su razonamiento.Sin embargo, a sus aliados les preocupa que a la vicepresidenta en ocasiones se le dé un trato secundario.Cuando el presidente trabajó hasta altas horas de la noche de un viernes del mes pasado para conseguir la aprobación de los legisladores para su plan bipartidista de infraestructuras, un comunicado de la Casa Blanca solo decía que estaba trabajando con un grupo de asesores políticos y legislativos.El equipo de la vicepresidenta, sorprendido por la omisión de su nombre, informó a los medios de comunicación de que ella también había estado allí, realizando llamadas a los legisladores. Preguntado por la exclusión, un portavoz de la Casa Blanca dijo que el comunicado inicial emitido al público se basaba en la información recopilada antes de que la vicepresidenta llegara para reunirse con Biden y su personal de alto nivel. La Casa Blanca emitió un comunicado horas más tarde en el que señalaba la presencia de Harris.En las últimas semanas, ella ha visto una serie de salidas de la oficina de comunicaciones; otros funcionarios se marcharon a principios de este año.La urgencia que rodea a la posición de Harris está ligada a si el presidente, que a sus 79 años es la persona de más edad en ocupar el cargo, se presentará a la reelección en 2024.Tom Brenner para The New York TimesGil Duran, quien trabajó para Harris cuando era fiscala general de California en 2013, dijo que podía ser ofensiva y poco profesional. Duran dijo que renunció después de cinco meses en el trabajo cuando Harris se negó a asistir a una sesión informativa antes de una conferencia de prensa, pero luego reprendió a un miembro del personal hasta el punto de las lágrimas cuando sintió que no estaba preparada.“Muchos de nosotros seguiríamos con ella si fuera la Kamala Harris que pensamos que sería”, dijo Duran.La Casa Blanca no hizo ningún comentario cuando se le preguntó por el episodio.Consciente de las críticas que recibe, Harris se ha centrado en promover su propia agenda en una serie de entrevistas y apariciones.Pero Bass dijo que el desafío inmediato eran las elecciones intermedias del próximo año, cuando los republicanos podrían recuperar el control de la Cámara. ¿Y las ambiciones presidenciales de Harris?“Creo que es la favorita”, dijo Bass. “Creo que será la favorita”.Katie Rogers es corresponsal de la Casa Blanca y cubre la vida en la gestión de Joe Biden, la cultura de Washington y la política nacional. Se unió al Times en 2014. @katierogersZolan Kanno-Youngs es corresponsal de la Casa Blanca que cubre una variedad de temas nacionales e internacionales durante la gestión de Biden, incluida la seguridad nacional y el extremismo. Se unió al Times en 2019 como corresponsal de seguridad nacional. @KannoYoungs More

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      Kamala Harris’s Allies Express Concern: Is She an Afterthought?

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      WASHINGTON — The president needed the senator from West Virginia on his side, but he wasn’t sure he needed his vice president to get him there.It was summertime, and President Biden was under immense pressure to win the support of Senator Joe Manchin III, whose decisive vote in a 50-50 chamber made him the president’s most delicate negotiating partner. Mr. Biden had invited Mr. Manchin to the Oval Office to privately make the case for his marquee domestic policy legislation. Just before Mr. Manchin arrived, he turned to Vice President Kamala Harris.What he needed from her was not strategy or advice. He needed her to only say a quick hello, which she did before turning on her heel and leaving the room.The moment, described as an exchange of “brief pleasantries” by a senior White House official and confirmed by two other people who were briefed on it, was a vivid reminder of the complexity of the job held by Ms. Harris: While most presidents promise their vice presidents access and influence, at the end of the day, power and responsibility are not shared equally, and Mr. Biden does not always feel a need for input from Ms. Harris as he navigates some of his most important relationships.In Ms. Harris’s case, she came to the job without strong ties to key senators; one person briefed on the Oval Office meeting said it would be more productive if the discussion between Mr. Biden and Mr. Manchin remained private. It is unclear that the president had much sway on his own, either, given the senator’s decision this week to break with the White House over the domestic policy bill.But without a headlining role in some of the most critical decisions facing the White House, the vice president is caught between criticism that she is falling short and resentment among supporters who feel she is being undercut by the administration she serves. And her allies increasingly are concerned that while Mr. Biden relied on her to help him win the White House, he does not need her to govern.“I think she was an enormous help to the ticket during the campaign,” said Mark Buell, one of Ms. Harris’s earliest fund-raisers since her first race for district attorney in San Francisco. “I would like to see her employed in the same way, now that they’re implementing their objectives or goals.”The urgency surrounding her position is tied to whether the president, who at 79 is the oldest person to hold the office, will run for re-election in 2024. He told ABC News on Wednesday that he would run again if he was in good health. But questions about Ms. Harris’s readiness for the top job are starting far earlier than is usual for an administration in its first year.Ms. Harris declined requests for an interview, but White House officials said that her relationship with Mr. Biden is a partnership.“The vice president has diligently worked alongside the president coordinating with partners, allies and Democratic members of the House and Senate to advance the goals of this administration,” said Sabrina Singh, Ms. Harris’s deputy press secretary.An early front-runner whose presidential ambitions fizzled amid a dysfunctional 2020 campaign, Ms. Harris was pulled onto the Biden ticket for her policy priorities that largely mirrored his, and her ability as a Black woman to bolster support with coalitions of voters he needed to win the presidency. But according to interviews with more than two dozen White House officials, political allies, elected officials and former aides, Ms. Harris is still struggling to define herself in the Biden White House or meaningfully correct what she and her aides feel is an unfair perception that she is adrift in the job.Ms. Harris was pulled onto the Biden ticket for her policy priorities that largely mirrored his, and after her presidential campaign fizzled.Maddie McGarvey for The New York TimesFaced with declining approval ratings, a series of staff departures and a drumbeat of criticism from Republicans and the conservative news media, she has turned to powerful confidantes, including Hillary Clinton, to help plot a path forward.Ms. Harris has privately told her allies that the news coverage of her would be different if she were any of her 48 predecessors, all of whom were white and male. She also has confided in them about the difficulties she is facing with the intractable issues in her portfolio, such as voting rights and the root causes of migration. The White House has pushed back against scathing criticism on both fronts, for what activists say is a lack of attention.“I think it’s no secret that the different things she has been asked to take on are incredibly demanding, not always well understood publicly and take a lot of work as well as a lot of skill,” Transportation Secretary Pete Buttigieg said in an interview. “You have to do everything except one thing, which is take credit.”Even in the best of times, the constraints of the job often make the vice president an afterthought, and not everyone asked to serve accepts it. (“I do not propose to be buried until I am really dead and in my coffin,” Daniel Webster, a former secretary of state, said in the 1840s about declining the job.)By all accounts, Ms. Harris and President Biden have a warm relationship.Al Drago for The New York TimesBut the complexity of the issues she has been assigned, and the long-term solutions they require, should have prompted the West Wing to defend Ms. Harris more aggressively to the public, said Representative Karen Bass, Democrat of California and the former chairwoman of the Congressional Black Caucus.“What the White House could’ve done is been clearer with the expectations of what was supposed to happen under her watch,” she said.Other Democrats say their frustrations run deeper.Ms. Harris, who spent much of her four years in the Senate running for the presidency, was at odds with Mr. Manchin after she gave a series of interviews in West Virginia that he interpreted as unwelcome infringement on his home turf. Asked about the meeting in the Oval Office over the summer, a spokeswoman for Mr. Manchin said that the senator enjoys “a friendly and respectful working relationship” with the vice president.Ms. Harris, who spent much of her four years in the Senate running for the presidency, did not come to Washington with strong ties to lawmakers, particularly the senators whose votes have been critical to Mr. Biden’s domestic agenda.Doug Mills/The New York TimesRepresentative Henry Cuellar, a moderate from Texas and one of the more prominent voices on border issues in the Democratic Party, said his experiences with Ms. Harris’s team had been disappointing. When Mr. Cuellar heard Ms. Harris was traveling to the border in June, he had his staff call her office to offer help and advice for her visit. He never received a call back.“I say this very respectfully to her: I moved on,” Mr. Cuellar said. “She was tasked with that job, it doesn’t look like she’s very interested in this, so we are going to move on to other folks that work on this issue.”In the future, Mr. Cuellar said he would go straight to the West Wing with his concerns on migration rather than the vice president’s office.Of the White House, Mr. Cuellar said, “at least they talk to you.”Ms. Harris’s aides have pointed to her work lobbying other countries and companies to join the United States in a commitment to invest about $1.2 billion to expand digital access, climate resilience and economic opportunity in Central America. But little progress has been made on curbing corruption in the region.On voting rights, Ms. Harris, who asked Mr. Biden if she could lead the administration’s efforts on the issue, has invited activists to the White House and delivered speeches. But her office has not developed detailed plans to work with lawmakers to make sure that two bills that would reform the system will pass Congress, according to a senior official in her office.Since arriving in Washington, Ms. Harris has sought the counsel of other women — including Mrs. Clinton, the first female Democratic presidential nominee — who have achieved historical political success to help her find a path.“There is a double standard; it’s sadly alive and well,” Mrs. Clinton said in an interview. “A lot of what is being used to judge her, just like it was to judge me, or the women who ran in 2020, or everybody else, is really colored by that.”The two speak every few months on the phone; in November, Mrs. Clinton visited Ms. Harris in her West Wing office.Ms. Harris and Mr. Biden speaking after winning the election on Nov. 7, 2020.Erin Schaff/The New York TimesMs. Bass pointed out that the double standard goes beyond Ms. Harris’s gender.“I know, and we all knew, that she would have a difficult time because anytime you’re a ‘first,’ you do,’” Ms. Bass said. “And to be the first woman vice president, to be the first Black, Asian woman, that’s a triple. So we knew it was going to be rough, but it has been relentless, and I think extremely unfair.”Before her trip to Vietnam and Singapore in August, Ms. Harris called Mrs. Clinton and several former female secretaries of state, including Condoleezza Rice and Madeleine Albright. She has had several private conversations with Angela Merkel, who has recounted the challenges she faced as the first female chancellor of Germany.For this article, Ms. Harris’s office supplied dozens of examples of her work. She was sent to France to further repair frosty relations after an embarrassing diplomatic spat, a trip that the White House has hailed as a success. She has attended over 30 events focused on promoting the president’s domestic agenda, and her mark is on the final infrastructure bill on issues like clean water policy, broadband access and investments to combat wildfires. (Voting rights is another.)President Emmanuel Macron of France greeted Ms. Harris at the Élysée Palace in Paris in November.Sarahbeth Maney/The New York TimesThe president also gave Ms. Harris credit for her interest in relieving student loan debt as he agreed on Wednesday to extend a moratorium on federal loan repayments until May 1, a decision that was hailed by activists and Democratic lawmakers who have pleaded with the administration to do more.And yet, as the White House struggles to push through major legislation, Mr. Biden has relied on his own experience — 36 years in the Senate and eight years as vice president — to try to pull the United States out of the coronavirus pandemic and deliver on a towering set of economic promises. And Ms. Harris is facing questions about where she fits into the White House’s biggest priorities.By all accounts, she and the president have a warm relationship. In meetings, the two often play off each other, with Mr. Biden allowing her to jump in and ask questions that go beyond what he has asked for; one adviser likened it to them playing “good cop, bad cop.” Alongside the president, Ms. Harris, a former prosecutor, has quizzed economic experts and immigration officials, at times asking them to better explain their reasoning.Still, her allies are concerned that she is sometimes treated as an afterthought.When the president worked late hours on a Friday night last month to win approval from lawmakers for his bipartisan infrastructure plan, a White House statement said only that he was working with a group of policy and legislative aides.The vice president’s team, surprised her name had been omitted, informed the news media that she had also been there, placing calls to lawmakers. Asked about the exclusion, a White House spokesman said the initial statement issued to the public was based on information gathered before the vice president had arrived to join Mr. Biden and his senior staff. The White House issued a statement hours later noting Ms. Harris’s presence.In recent weeks, she has seen a string of departures from the communications office; a number of other officials departed earlier this year.The urgency surrounding Ms. Harris’s position is tied to whether the president, who at 79 is the oldest person to hold the office, will run for re-election in 2024.Tom Brenner for The New York TimesGil Duran, who worked for Ms. Harris when she was California attorney general in 2013, said she could be insulting and unprofessional. Mr. Duran said he quit after five months on the job when Ms. Harris declined to attend a briefing before a news conference, but then berated a staff member to the point of tears when she felt unprepared.“A lot of us would still be with her if she was the Kamala Harris we thought she would be,” Mr. Duran said.The White House had no comment when asked about the episode.Aware of the criticism of her, Ms. Harris has been focused on promoting her own agenda in a series of interviews and appearances.But Ms. Bass said the immediate challenge was the midterm elections next year, when Republicans could take back control of the House. But as for Ms. Harris’s presidential ambitions?“I think she is the front-runner,” Ms. Bass said. “I think she’ll be the front-runner.” More

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      Fearing a Repeat of Jan. 6, Congress Eyes Changes to Electoral Count Law

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      Members of the special House committee investigating the Capitol riot are among those arguing for an overhaul of a more than century-old statute enacted to address disputed elections.WASHINGTON — Members of the select congressional committee investigating the Jan. 6 attack at the Capitol are pressing to overhaul the complex and little-known law that former President Donald J. Trump and his allies tried to use to overturn the 2020 election, arguing that the ambiguity of the statute puts democracy itself at risk.The push to rewrite the Electoral Count Act of 1887 — enacted more than a century ago in the wake of another bitterly disputed presidential election — has taken on new urgency in recent weeks as more details have emerged about the extent of Mr. Trump’s plot to exploit its provisions to cling to power.Mr. Trump and his allies, using a warped interpretation of the law, sought to persuade Vice President Mike Pence to throw out legitimate results when Congress met in a joint session on Jan. 6 to conduct its official count of electoral votes.It was Mr. Pence’s refusal to do so that led a mob of Mr. Trump’s supporters to chant “Hang Mike Pence,” as they stormed the Capitol, delaying the proceedings as lawmakers fled for their lives. Members of Congress and the vice president ultimately returned and completed the count, rejecting challenges made by loyalists to Mr. Trump and formalizing President Biden’s victory.But had Mr. Pence done as Mr. Trump wanted — or had enough members of Congress voted to sustain the challenges lodged by Mr. Trump’s supporters — the outcome could have been different.“We know that we came precariously close to a constitutional crisis, because of the confusion in many people’s minds that was obviously planted by the former president as to what the Congress’s role actually was,” said Zach Wamp, a former Republican congressman from Tennessee who is a co-chairman of the Reformers Caucus at Issue One, a bipartisan group that is pressing for changes to the election process.Republicans in Congress have repeatedly blocked efforts by Democrats to alter election laws in the wake of the 2020 crisis, and it is not clear whether a bid to revamp the Electoral Count Act will fare any better. But experts have described the law as “almost unintelligible,” and an overhaul has the support of several leading conservative groups..css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-3btd0c{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-3btd0c{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-3btd0c strong{font-weight:600;}.css-3btd0c em{font-style:italic;}.css-1kpebx{margin:0 auto;font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:1.125rem;line-height:1.3125rem;color:#121212;}#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-family:nyt-cheltenham,georgia,’times new roman’,times,serif;font-weight:700;font-size:1.375rem;line-height:1.625rem;}@media (min-width:740px){#NYT_BELOW_MAIN_CONTENT_REGION .css-1kpebx{font-size:1.6875rem;line-height:1.875rem;}}@media (min-width:740px){.css-1kpebx{font-size:1.25rem;line-height:1.4375rem;}}.css-1gtxqqv{margin-bottom:0;}.css-1g3vlj0{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:1rem;line-height:1.375rem;color:#333;margin-bottom:0.78125rem;}@media (min-width:740px){.css-1g3vlj0{font-size:1.0625rem;line-height:1.5rem;margin-bottom:0.9375rem;}}.css-1g3vlj0 strong{font-weight:600;}.css-1g3vlj0 em{font-style:italic;}.css-1g3vlj0{margin-bottom:0;margin-top:0.25rem;}.css-19zsuqr{display:block;margin-bottom:0.9375rem;}.css-12vbvwq{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-12vbvwq{padding:20px;width:100%;}}.css-12vbvwq:focus{outline:1px solid #e2e2e2;}#NYT_BELOW_MAIN_CONTENT_REGION .css-12vbvwq{border:none;padding:10px 0 0;border-top:2px solid #121212;}.css-12vbvwq[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-12vbvwq[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-12vbvwq[data-truncated] .css-5gimkt:after{content:’See more’;}.css-12vbvwq[data-truncated] .css-6mllg9{opacity:1;}.css-qjk116{margin:0 auto;overflow:hidden;}.css-qjk116 strong{font-weight:700;}.css-qjk116 em{font-style:italic;}.css-qjk116 a{color:#326891;-webkit-text-decoration:underline;text-decoration:underline;text-underline-offset:1px;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:visited{color:#326891;-webkit-text-decoration-color:#326891;text-decoration-color:#326891;}.css-qjk116 a:hover{-webkit-text-decoration:none;text-decoration:none;}“There are a few of us on the committee who are working to identify proposed reforms that could earn support across the spectrum of liberal to conservative constitutional scholars,” said Representative Adam B. Schiff, Democrat of California and a member of the Jan. 6 committee. “We could very well have a problem in a future election that comes down to an interpretation of a very poorly written, ambiguous and confusing statute.”Representative Liz Cheney, Republican of Wyoming and the vice chairwoman of the committee, said on Thursday that “the 1887 Electoral Count Act is directly at issue” and that the panel would recommend changes to it.The Constitution leaves it up to Congress to finalize the results of presidential elections shortly before Inauguration Day. Article II, Section 1 says, “The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted.”Vice President Mike Pence presided over a joint session of Congress in January convened to formalize the Electoral College tally. Erin Schaff/The New York TimesBut the process is further detailed in the Electoral Count Act, which says that as lawmakers read through the electoral results of each state during a joint session of Congress, members of the House and Senate may submit objections in writing, which can be sustained if a majority of both chambers approves. In the event that a state submitted multiple slates to Congress, the governor’s certified electors would hold, the law says, unless a majority in both chambers voted to reject them.The statute was written in the aftermath of the disputed election of 1876 between Republican Rutherford B. Hayes and Democrat Samuel J. Tilden, and has dictated how Congress formalizes elections, mostly without incident, ever since.But what unfolded on Jan. 6 tested its limits.Both of the objections by Mr. Trump’s allies — who sought to invalidate the electoral votes of Pennsylvania and Arizona — failed in the House, although the vast majority of Republicans supported them. Yet in the months since, it has become clear those challenges were part of a broader strategy. John Eastman, a lawyer advising Mr. Trump, drafted a plan that included sending to Mr. Pence, who presided over the joint session in his role as president of the Senate, a slate of Trump electors from seven states won by Mr. Biden.Mr. Eastman and other allies of Mr. Trump suggested pressuring the vice president to accept the alternate slate of Trump electors, throwing out legitimate votes for Mr. Biden. Under such a scenario, Mr. Eastman argued, a vote of those states’ delegations in the House, favoring Republicans, could keep Mr. Trump in power. (Mr. Eastman this week informed the committee he planned to invoke his Fifth Amendment right against self-incrimination to avoid answering the committee’s questions.)“The antiquated law governing the Electoral College vote count is too vague and ripe for abuse, and it resulted in baseless objections that delayed the democratic process,” said Senator Amy Klobuchar, Democrat of Minnesota and the chairwoman of the Senate Rules Committee. “It’s time to update this law to safeguard our democracy.”Senator Chuck Schumer, Democrat of New York and the majority leader, has indicated an openness to revising the statute, and a small group of senators, including Senator Angus King, independent of Maine, has been working on potential solutions.Understand the Claim of Executive Privilege in the Jan. 6. InquiryCard 1 of 8A key issue yet untested. More

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      The Jan. 6 Plotters Had a Mob. They Also Had the Eastman Plan.

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      You can understand a revolution as a time when the unthinkable becomes, suddenly, thinkable. It is a time when the rules that ordinarily govern political life lose their force and conflict takes the place of consensus, a time when the struggle for power is a struggle to define the political order itself.Sometimes, as with our Civil War, revolutions are loud, violent and disruptive. At other times, as in the 1930s, revolutions are a little quieter, if no less significant.As the full picture of Jan. 6 begins to come into view, I think we should consider it a kind of revolution or, at least, the very beginning of one. Joe Biden ultimately became president, but Donald Trump’s fight to keep himself in office against the will of the voters has upturned the political order. The plot itself shows us how.Trump, we know, urged Mike Pence to reject the votes of the Electoral College, with the mob outside as the stick that would compel his obedience. “You can either go down in history as a patriot,” Trump told Pence, as recounted in this newspaper, “or you can go down in history as a pussy.”When this was first revealed, I assumed that Trump simply wanted Pence to do whatever it would take to keep himself in power. But this week we learned that he had an actual plan in mind, devised by John Eastman, a prominent conservative lawyer who worked with the former president to challenge the election results, a job that included a speaking slot at the rally on the National Mall that preceded the attack on the Capitol.“We know there was fraud,” Eastman said to the crowd that would become a mob. “We know that dead people voted.”“All we are demanding of Vice President Pence,” he continued, “is this afternoon at 1 o’clock, he let the legislatures of the states look into this so we get to the bottom of it and the American people know whether we have control of the direction of our government or not!”These weren’t just the ravings of a partisan. Eastman was essentially summarizing the contents of a memo he had written on Trump’s behalf, describing the steps Pence would take to overturn the election in Trump’s favor.First, as presiding officer of the joint session in which Congress certifies the election, Pence would open and count the ballots. When he reached Arizona, Pence would then announce that he had “multiple slates of electors” and would defer his decision on those votes until he finished counting the other states. He would make this announcement for six other swing states — including Georgia, Michigan, Pennsylvania and Wisconsin — before announcing that “there are no electors that can be deemed validly appointed in those States” on account of election disputes and accusations of fraud.Mike Pence presiding over the certification of the 2020 Electoral College results.Erin Schaff/The New York TimesJohn Eastman, left, with Rudy Giuliani, at the “Stop the Steal” protest in Washington on Jan. 6.Jim Bourg/ReutersAt this point, Eastman explained, Pence could declare Trump re-elected, because — with seven states removed from the count — the president would have a majority of whatever electors were left, and the 12th Amendment states that the “person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed.”If, for some reason, this didn’t fly, Eastman went on, Pence could then say that no candidate had won a majority and thus the election must go to the House of Representatives, where each state has a single vote and Republicans controlled a slim majority of state delegations, 26 to 24. If Democratic objections led both houses of Congress to split into their separate chambers to resolve the dispute, then Republicans could obstruct the process in the Senate and create a stalemate that would allow Republican-controlled state legislatures “to formally support the alternate slate of electors.”As for the courts? Eastman argued that they don’t matter. “The fact is that the Constitution assigns this power to the Vice President as the ultimate arbiter.” If Pence has the power, then Pence should act and “let the other side challenge his actions in court.”Eastman’s confidence throughout this memo (he dismisses potential Democratic objections as “howls”) belies his shoddy legal, political and constitutional thinking. For one, his argument rests on an expansive reading of the Twelfth Amendment for which there is no precedent or justification. The vice president has never directly counted electoral votes. “Beginning in 1793, and in every presidential election since,” the legal scholar Derek Muller notes in a piece debunking key claims in the memo for the website Election Law Blog, “the Senate and the House have appointed ‘tellers’ to count the electoral votes. These tellers actually tally the votes and deliver the totals to the President of the Senate, who reads the totals aloud before the two houses after the tellers, acting on behalf of Congress, have ‘ascertained’ the vote totals.”The 12th Amendment, ratified in 1804, codified that practice into the Constitution. Congress would do the counting, and the vice president would simply preside over the process.Eastman also asserted that the vice president could disregard the procedure specified under the Electoral Count Act because the law itself is unconstitutional. That, Muller notes, is controversial (and something Eastman himself rejected in 2000, in testimony before the Florida Legislature during the dispute between George W. Bush and Al Gore). And even if it were true, the 117th Congress, on its first day in operation, Jan. 3, adopted the provisions of the law as its rule for counting electoral votes, which is to say Pence had no choice but to follow them. His hands were tied.Which gets to the politics of this scheme. If Pence were to disregard the rules and the history and seize control of the counting process, House Speaker Nancy Pelosi would presumably have suspended the joint session, which relies on the consent of both chambers of Congress. “With a stalled and incomplete count because of a standoff between Pence and Pelosi,” the legal scholar Ned Foley writes in a separate Election Law Blog post, “the Twentieth Amendment becomes the relevant constitutional provision.” Meaning, in short, that at noon on Jan. 20, Pelosi would become acting president of the United States. Pence would lose authority as vice president (and president of the Senate) and the joint session would resume, with Congress putting its stamp of approval on Biden’s victory.And let’s not forget that a series of moves of the sort envisioned by Eastman would spark national outrage. The “howls” would not just come from congressional Democrats; they would come from the 81 million voters who Pence would have summarily disenfranchised. It is conceivable that Trump and his allies would have prevailed over mass protests and civil disobedience. But that would depend on the support of the military, which, if the actions of Gen. Mark Milley were any indication, would not have been forthcoming.None of this should make you feel good or cause you to breathe a sigh of relief. Consider what we know. A prominent, respected member in good standing of the conservative legal establishment — Eastman is enrolled in the Federalist Society and clerked for Supreme Court Justice Clarence Thomas — schemed with the president and his allies in the Republican Party to overturn the election and overthrow American democracy under the Constitution. Yes, they failed to keep Trump in office, but they successfully turned the pro forma electoral counting process into an occasion for real political struggle.It was always possible, theoretically, to manipulate the rules to seize power from the voters. Now, it’s a live option. And with the right pieces in place, Trump could succeed. All he needs is a rival slate of electoral votes from contested states, state officials and state legislatures willing to intervene on his behalf, a supportive Republican majority in either house of Congress, and a sufficiently pliant Supreme Court majority.As it happens, Trump may well run for president in 2024 (he is already amassing a sizable war chest) with exactly that board in play. Republican state legislatures in states like Georgia and Arizona have, for example, used claims of fraud to seize control of key areas of election administration. Likewise, according to Reuters, 10 of the 15 declared Republican candidates for secretary of state in five swing states — Arizona, Georgia, Wisconsin, Michigan and Nevada — have either declared the 2020 election stolen or demanded that authorities invalidate the results in their states. It is also not unlikely that a Republican Party with pro-Trump zealots at its helm wins Congress in November of next year and holds it through the presidential election and into 2025.If Trump is, once again, on the ballot, then the election might turn on the manipulation of a ceremony that was, until now, a mere formality.Here, I’ll return to where I started. If this happens, it would be a revolutionary change. In this world, the voters, as filtered through the Electoral College, no longer choose the president. It becomes less a question of the rule of law and more one of power, of who holds the right positions at the right time, and especially, of who can bring the military to their side.On Jan. 20, Joe Biden became president and Donald Trump slunk off to Mar-a-Lago to lick his wounds. But the country did not actually return to normalcy. Jan. 6 closed the door on one era of American politics and opened the door to another, where constitutional democracy itself is at stake.There are things we can do to protect ourselves — legal experts have urged Congress to revise the Electoral Count Act to close off any Eastman-esque shenanigans — but it is clear, for now at least, that the main threat to the security and stability of the United States is coming from inside the house.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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      Kamala Harris Isn’t Being Helped by Joe Biden

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      On Sunday, after Vice President Kamala Harris’s visit to the southern border, the White House felt the need to issue a statement calling her trip a “success.” The statement cited as supporting evidence five tweets by Democratic allies of hers and some neutral media accounts. That’s a relatively modest definition of success, but then again, there were no defensive moments like during the NBC News interview in Guatemala in which she called a border visit a “grand gesture” and noted that she hadn’t visited Europe as vice president, either.Addressing the root causes of migration is one of several jobs President Biden has handed Ms. Harris, who had no deep expertise with Latin America issues or the decades-long quandary of federal immigration reform. He has also asked her to lead the administration’s voting-rights efforts, which are in a filibuster limbo. According to The Times, he has her working on combating vaccine hesitancy and fighting for policing reform, too, among other uphill battles.It’s gotten to the point that every time I see Ms. Harris, I immediately think of “The Wiz” and hear Michael Jackson singing:You can’t win, you can’t break evenAnd you can’t get out of the gamePeople keep sayin’ things are gonna changeBut they look just like they’re stayin’ the sameMs. Harris, at this point, can’t seem to win for trying. She is a historic yet inexperienced vice president who is taking on work that can easily backfire as so many people sit in judgment, with critics sniping (especially right-wing commentators) and allies spinning (like with official statements about “success”).And all the while, the clock is ticking. Most political observers think that if Mr. Biden decides not to run for re-election in 2024 (when he will be 81), Ms. Harris most definitely will. He had to know that in choosing her as his vice president, he was making her his heir apparent. But based on how things look now, her work as his No. 2 could end up being baggage more than a boon. Mr. Biden and his team aren’t giving her chances to get some wins and more experience on her ledger. Rather, it’s the hardest of the hard stuff.Ms. Harris is a complicated figure. She is not a progressive darling — never has been. As with Barack Obama, the only thing radical about her is her skin color and gender in the Oval Office. On a more substantive level, how Ms. Harris deals with her portfolio will surely alienate the left and centrist factions of the Democratic Party. She was far from a diversity hire for Mr. Biden, and she has clear potential as a national leader, but she needs the time, support and right combination of goals to learn and grow. She needs a mix of tough targets and ones that show her ideas and creativity, as Al Gore had with his Reinventing Government effort, rather than a portfolio consisting of the most difficult policy challenges in 21st-century America.The way things are going, if Mr. Biden decides not to run again in 2024, countless male Democratic senators and governors would challenge Ms. Harris for the nomination. On one level, there are far too many male leaders who wake up each morning, brush their teeth, look in the mirror and say, “I can do this job I am wholly unqualified for. Let’s go!” But there are also other reasons she would face competition — ones we aren’t talking about.This country has yet to have an honest conversation and reflection on the ways in which race and gender play out in electoral politics. There are voters who look at Ms. Harris and immediately believe she is unqualified for the job because of her gender, her immigrant parents and the color of her skin. Republicans tend to say the quiet part loud, but if we are being honest, far too many Democrats would never be able to vote for a Black woman at the top of the ticket, no matter how qualified.Many white liberals like racial and gender equality in theory but get a little gun shy when asked to make room at the table for others on a long list of issues — school integration, housing, homelessness, incarceration, policing and executive leadership among them. And for those of you scoffing, ask yourself why you can list almost every major and minor flaw of Hillary Clinton, Kirsten Gillibrand, Elizabeth Warren, Maxine Waters and Alexandria Ocasio-Cortez, to name just a few. Many liberals struggle with issues of gender and race in practice; they may not admit to having a problem with Ms. Harris per se, but many still expect her to conform to certain standards and judge her harshly when she struggles on issues that are difficult to begin with.Many voters do not see women of color, and Black women specifically, as capable of executive leadership, as evidenced by the lack of any Black female governors in the history of the United States. We must also wrestle with the fact that there have been only two Black female U.S. senators in history. Therefore, for Mr. Biden to select an African American woman from the traditional pool of acceptable vice-presidential candidates of senators and governors, he had an N of one. As brilliant as Stacey Abrams has proved herself to be, the political imagination in this country has yet to evolve to the point that many voters would support a selection of a brilliant politician and policy expert whose highest elected office was minority leader of the Georgia House.No one has been able to solve the complicated issue of immigration and undocumented immigrants coming to the U.S. border, yet Ms. Harris is charged with solving it. As the child of not one but two immigrants and the No. 2 leader of an imperial nation, she is the one charged with telling people in Guatemala “do not come” to the United States. She undertakes tasks at the pleasure of the president, but this particular role reminds me of Admiral Ackbar’s declaration in “Return of the Jedi”: “It’s a trap!” If she is somehow miraculously able to detangle the complex “immigration crisis,” she will be heralded by some, but not all, as a success and worthy of the Democratic nomination in 2024. If she becomes only the latest leader (in either party) who cannot solve the problem, she specifically will be viewed as a failure.The role of the vice president has always been undefined, left largely up to the president to shape. Ms. Harris is clearly not a yes man like Mike Pence, the one completely running the show like Dick Cheney or an institutional encyclopedia and counsel the way Mr. Biden was to Mr. Obama.Ms. Harris’s political aspirations clearly extend beyond the vice presidency, but the way the Biden team seems to be playing out the old Life cereal commercial here — “Let’s get Mikey” — makes her political future uncertain. There will be no shortage of Democratic colleagues gunning for her, not to mention Republican politicians and the right-wing media that together revel in misinformation and caricature. I can imagine a scenario in which she is the face that launches a thousand ships but all of those ships will be fighting against her, not for her.Until then, Ms. Harris will do what any faithful vice president does: put her head down, let the president shine and work on her vast portfolio with the staff she has. Hopefully for her, those lyrics from “The Wiz” won’t ring true.Christina Greer is a political scientist at Fordham University. She is political editor at TheGrio and a co-host of the podcast “What’s in It for Us?” More