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    The Ginni Thomas Question

    We have a Times investigation of Ginni and Clarence Thomas — as well as the latest news from Ukraine.Early in the Reagan administration, several Christian conservative leaders founded a group called the Council for National Policy. It soon turned into what my colleague David Kirkpatrick has described as “a little-known club of a few hundred of the most powerful conservatives in the country.” One of its main functions was introducing political activists to wealthy donors who could finance their work.After Donald Trump lost the 2020 election, the group’s political arm, known as C.N.P. Action, sprang into action. It encouraged its members to spread stories about “election irregularities and issues” in five swing states that Joe Biden had won narrowly. The goal was to persuade Republican state legislators to adopt Trump’s false claims about election fraud — and then award their states’ electoral votes to him, overturning Biden’s victory.One vocal proponent of the effort was a C.N.P. board member who had spent decades in conservative politics. In the lead-up to the Jan. 6 rally at the Capitol, she reportedly mediated between feuding factions so that they would work together to plan it. On the day of the rally, she posted a message on Facebook: “GOD BLESS EACH OF YOU STANDING UP or PRAYING!”This board member’s name is Ginni Thomas, and she is married to Clarence Thomas, the longest-serving justice on the Supreme Court. Today, The Times Magazine has published an investigation of Ginni Thomas’s work and its connections to her husband, written by Danny Hakim and Jo Becker.I recognize that conflict-of-interest questions involving the work of spouses can be difficult to resolve. On the one hand, people generally deserve the right to have their own careers, separate from their spouses’. On the other hand, the privilege of being a top government official seems to call for a higher standard of neutrality than most jobs would.But I don’t think you need to resolve that debate to be concerned about the Thomases’ recent actions. You simply need to acknowledge this: The spouse of a sitting Supreme Court justice played an active role in an effort to overturn the result of a presidential election, hand victory to the loser and unravel American democracy.That Supreme Court justice, in turn, seemed to endorse the effort. When Trump’s attempt to undo the election’s outcome came before the Supreme Court, six of the nine justices ruled against him. But Thomas was one of three justices who sided with Trump and, his dissent echoed the arguments of C.N.P. Action, as Danny and Jo explain. Thomas effectively argued for giving partisan state legislators more control over elections and their outcomes.Roberts vs. ThomasThe Times Magazine story has more details, including:After the Jan. 6 rally turned into a violent attack on the Capitol, C.N.P. advised its members to defend the rioters. And Thomas herself signed a letter criticizing the House committee investigating the attack. The investigation, the letter said, “brings disrespect to our country’s rule of law” and “legal harassment to private citizens who have done nothing wrong.” (Ginni Thomas also made baseless accusations of election fraud in 2018, The Washington Post has reported.)The Thomases have used his position as a justice to advance her causes as an operative. During the Trump presidency, White House aides were surprised when Justice Thomas brought an uninvited guest — his wife — to a scheduled lunch with the president.I also recommend a recent New Yorker article on the couple, by Jane Mayer. It notes that the Supreme Court has exempted itself from some conflict-of-interest rules that apply to all other judges. In reporting the story, Mayer uncovered previously unknown payments to Ginni Thomas from conservative activists — including a group involved in a case before the Supreme Court.The result, Mayer told NPR, is “the appearance of a conflict of interest that undermines the public confidence that the court is ruling in favor of justice rather than in favor of a justice’s pocketbook.”I’m especially struck that the Thomases have been willing to mix Supreme Court cases with both their own finances and partisan politics at a time when the justices seem so worried about the court’s image.Several justices, including Chief Justice John Roberts, have recently given speeches insisting that the justices are neutral arbiters of the law rather than partisan figures. Justice Stephen Breyer has argued that the court’s authority depends on “a trust that the court is guided by legal principle, not politics,” and Justice Amy Coney Barrett has said, “This court is not comprised of a bunch of partisan hacks.”Justice Thomas has made a version of this argument himself, saying that a justice is not “like a politician” who makes a decision based on “personal preference.” His actions send a different message, though. They seem to acknowledge that the court is indeed a political body.THE LATEST NEWSUkraine-RussiaUkrainian soldiers at the front.Tyler Hicks/The New York TimesPresident Vladimir Putin ordered Russian troops into two separatist regions of Ukraine after recognizing the territories’ independence.In a fiery speech, Putin laid claim to Ukraine as a country “created by Russia.” History suggests otherwise.The U.S. and its allies condemned Russia at an emergency meeting of the U.N. Security Council.President Volodymyr Zelensky told the people of Ukraine to stay calm. “We are on our own land,” he said. “We are not afraid of anything or anyone.”President Biden made three critical decisions about how to handle Russia’s provocations.Why would a war in Ukraine be different from most other modern wars? Yesterday’s Morning newsletter explained.The VirusCommuters in London this month.Andy Rain/EPA, via ShutterstockPrime Minister Boris Johnson lifted all restrictions in England and announced an end to most free testing.Studies suggest that one booster shot is enough to protect most people from severe illness for an extended period.Neil Cavuto, a Fox News host who is immunocompromised, said that he had been hospitalized with Covid and that “had I not been vaccinated at all, I wouldn’t be here.”Big tech companies are betting that offices are still the future.Mask wearing at a national park in Rwanda helped protect great apes.Other Big StoriesEquipment at a safe injection site in New York.David Dee Delgado for The New York TimesA Biden administration plan to reduce drug deaths includes clean-needle exchanges, reviving a decades-old fight with conservatives.Colombia decriminalized abortion. Mexico and Argentina recently made similar moves.Japan’s bid to label gold mines as World Heritage sites has stoked tensions with South Korea, evoking memories from Japan’s imperial past.Horse racing officials overturned the outcome of the 2021 Kentucky Derby because the winner, Medina Spirit, failed a drug test.The Beijing Olympics had the smallest prime-time audience of any Winter Games.OpinionsUkraine’s comic-turned-president is in over his head, Olga Rudenko argues.This is Putin’s war. But the U.S. and NATO aren’t entirely innocent, Thomas Friedman writes.These women don’t want it all. In a Times Opinion focus group, they say they want better.MORNING READSHank weighs 500 pounds.Bear LeagueHank the Tank: An “exceptionally large” bear keeps breaking into California houses.Psychology and the Good Life: A happiness professor says anxiety is destroying her students.Corner Office: At the Sierra Club, a focus on race, gender and the environment, too.A Times classic: Is that dress white and gold, or blue and black?Advice from Wirecutter: Protect against hearing loss.Lives Lived: Dr. Paul Farmer made it his life mission to bring quality health care to poor people in Haiti and Rwanda. He died at 62.ARTS AND IDEAS Christopher Simpson for The New York TimesNew ways to bakeBaking is a science: Measure ingredients carefully, mix them together the right way and it should turn out as planned. As in all sciences, though, experimentation is key — sometimes doing things the wrong way can yield exciting results.A new feature from NYT Cooking presents 24 innovative baking recipes. Did you know that 7Up can replace baking soda and baking powder? Or that dunking a tray of freshly cooked brownies into an ice bath can make them rich and fudgy?For more — including a mango pie, Earl Grey cookies and a single-bowl chocolate cake — open the collection of recipes.PLAY, WATCH, EATWhat to CookAndrew Scrivani for The New York TimesSalmon burgers are best when the center stays the color of salmon.What to WatchHere’s what’s fact and what’s fiction in HBO’s “The Gilded Age.”TheaterAmber Gray is saying goodbye to Persephone, the “Hadestown” character she took from Off Broadway to London to Broadway.Late NightSeth Meyers discussed Donald Trump’s social media site.Now Time to PlayThe pangram from yesterday’s Spelling Bee was childlike. Here is today’s puzzle — or you can play online.Here’s today’s Wordle. Here’s today’s Mini Crossword, and a clue: Diner on “Gilmore Girls” (five letters).If you’re in the mood to play more, find all our games here.Thanks for spending part of your morning with The Times. See you tomorrow. — DavidP.S. The Times won two George Polk Awards for investigations, one about the assassination of Haiti’s president and the other about U.S. airstrikes.Here’s today’s front page.“The Daily” is about Russia.Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti, Ashley Wu and Sanam Yar contributed to The Morning. You can reach the team at themorning@nytimes.com.Sign up here to get this newsletter in your inbox. More

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    The Long Crusade of Clarence and Ginni Thomas

    Listen to This ArticleAudio Recording by AudmTo hear more audio stories from publications like The New York Times, download Audm for iPhone or Android.The call to action was titled “Election Results and Legal Battles: What Now?” Shared in the days after the 2020 presidential election, it urged the members of an influential if secretive right-wing group to contact legislators in three of the swing states that tipped the balance for Joe Biden — Arizona, Georgia and Pennsylvania. The aim was audacious: Keep President Donald J. Trump in power.The group, the Council for National Policy, brings together old-school Republican luminaries, Christian conservatives, Tea Party activists and MAGA operatives, with more than 400 members who include leaders of organizations like the Federalist Society, the National Rifle Association and the Family Research Council. Founded in 1981 as a counterweight to liberalism, the group was hailed by President Ronald Reagan as seeking the “return of righteousness, justice and truth” to America.As Trump insisted, without evidence, that fraud had cheated him of victory, conservative groups rushed to rally behind him. The council stood out, however, not only because of its pedigree but also because one of its newest leaders was Virginia Thomas, the wife of Justice Clarence Thomas and a longtime activist in right-wing circles. She had taken on a prominent role at the council during the Trump years and by 2019 had joined the nine-member board of C.N.P. Action, an arm of the council organized as a 501(c)4 under a provision of the tax code that allows for direct political advocacy. It was C.N.P. Action that circulated the November “action steps” document, the existence of which has not been previously reported. It instructed members to pressure Republican lawmakers into challenging the election results and appointing alternate slates of electors: “Demand that they not abandon their Constitutional responsibilities during a time such as this.”Such a plan, if carried out successfully, would have almost certainly landed before the Supreme Court — and Ginni Thomas’s husband. In fact, Trump was already calling for that to happen. In a Dec. 2 speech at the White House, the president falsely claimed that “millions of votes were cast illegally in swing states alone” and said he hoped “the Supreme Court of the United States will see it” and “will do what’s right for our country, because our country cannot live with this kind of an election.”The Thomases have long posed a unique quandary in Washington. Because Supreme Court justices do not want to be perceived as partisan, they tend to avoid political events and entanglements, and their spouses often keep low profiles. But the Thomases have defied such norms. Since the founding of the nation, no spouse of a sitting Supreme Court justice has been as overt a political activist as Ginni Thomas. In addition to her perch at the Council for National Policy, she founded a group called Groundswell with the support of Stephen K. Bannon, the hard-line nationalist and former Trump adviser. It holds a weekly meeting of influential conservatives, many of whom work directly on issues that have come before the court.Ginni Thomas insists, in her council biography, that she and her husband operate in “separate professional lanes,” but those lanes in fact merge with notable frequency. For the three decades he has sat on the Supreme Court, they have worked in tandem from the bench and the political trenches to take aim at targets like Roe v. Wade and affirmative action. Together they believe that “America is in a vicious battle for its founding principles,” as Ginni Thomas has put it. Her views, once seen as on the fringe, have come to dominate the Republican Party. And with Trump’s three appointments reshaping the Supreme Court, her husband finds himself at the center of a new conservative majority poised to shake the foundations of settled law. In a nation freighted with division and upheaval, the Thomases have found their moment.This article draws on hours of recordings and internal documents from groups affiliated with the Thomases; dozens of interviews with the Thomases’ classmates, friends, colleagues and critics, as well as more than a dozen Trump White House aides and supporters and some of Justice Thomas’s former clerks; and an archive of Council for National Policy videos and internal documents provided by an academic researcher in Australia, Brent Allpress.The reporting uncovered new details on the Thomases’ ascent: how Trump courted Justice Thomas; how Ginni Thomas used that courtship to gain access to the Oval Office, where her insistent policy and personnel suggestions so aggravated aides that one called her a “wrecking ball” while others put together an opposition-research-style report on her that was obtained by The Times; and the extent to which Justice Thomas flouted judicial-ethics guidance by participating in events hosted by conservative organizations with matters before the court. Those organizations showered the couple with accolades and, in at least one case, used their appearances to attract event fees, donations and new members.New reporting also shows just how blurred the lines between the couple’s interests became during the effort to overturn the 2020 election, which culminated in the rally held at the Ellipse, just outside the White House grounds, aimed at stopping Congress from certifying the state votes that gave Joe Biden his victory. Many of the rally organizers and those advising Trump had connections to the Thomases, but little has been known about what role, if any, Ginni Thomas played, beyond the fact that on the morning of the March to Save America, as the rally was called, she urged her Facebook followers to watch how the day unfolded. “LOVE MAGA people!!!!” she posted before the march turned violent. “GOD BLESS EACH OF YOU STANDING UP or PRAYING!”President Donald J. Trump greeting Justice Thomas during Trump’s inauguration ceremony in 2017. Alex Wong/Getty ImagesBut her role went deeper, and beyond C.N.P. Action. Dustin Stockton, an organizer who worked with Women for America First, which held the permit for the Ellipse rally, said he was told that Ginni Thomas played a peacemaking role between feuding factions of rally organizers “so that there wouldn’t be any division around January 6.”“The way it was presented to me was that Ginni was uniting these different factions around a singular mission on January 6,” said Stockton, who previously worked for Bannon. “That Ginni was involved made sense — she’s pretty neutral, and she doesn’t have a lot of enemies in the movement.”Ginni Thomas, who turns 65 on Feb. 23, did not respond to requests for comment, and Justice Thomas, who is 73, declined to comment through a court spokesperson. In a posting on a private Facebook group for her high school classmates, Ginni Thomas wrote that “a NYT reporter” might have “contacted you looking for stories, etc on me. This reporter seems to have been told to write a hit piece” and “has knocked on many doors and written many emails. They all contact me and are not responding. 😁” she wrote. “Whatever. 🤷‍♀️” (The message was forwarded by one of those classmates to the reporter in question.)In the weeks that followed Jan. 6, as public condemnation of the insurrection grew to include some Republican leaders like Senator Mitch McConnell, the Council for National Policy circulated in its newsletter another previously unreported memo, written by one of its members, that outlined strategies to make the Capitol riot seem more palatable. “Drive the narrative that it was mostly peaceful protests,” a leading member of the group advised, according to a copy reviewed by The Times. “Amplify the concerns of the protestors and give them legitimacy.”In the year since the insurrection, a number of friends and allies of the Thomases, and even a former Thomas clerk, have received subpoenas from the congressional committee investigating the events of Jan. 6. Ginni Thomas co-signed a letter in December calling for House Republicans to expel Representatives Liz Cheney and Adam Kinzinger from their conference for joining the Jan. 6 committee. Thomas and her co-authors said the investigation “brings disrespect to our country’s rule of law” and “legal harassment to private citizens who have done nothing wrong,” adding that they would begin “a nationwide movement to add citizens’ voices to this effort.”A few weeks later, the Supreme Court ruled 8 to 1 to allow the release of records from the Trump White House related to the Jan. 6 attack. Justice Thomas was the sole dissenter.Nearly 10 months after the dramatic events at the Capitol, Ginni Thomas ventured out onto a small balcony inside the Heritage Foundation, the conservative redoubt that stands on Massachusetts Avenue a few blocks from the Capitol. In a bright red dress, she beamed and waved to friends in the crowd who gathered last October to celebrate her husband’s three decades on the Supreme Court. Beyond a sweeping bank of windows, the sun had sunk to just above the horizon, next to the Washington Monument.The attendees represented the cream of Washington’s Republican legal establishment, “really a who’s who of all-stars,” as one of them, Donald F. McGahn II, the first White House counsel under Trump, would say when the speeches started. Many had clerked for Justice Thomas, including a number of Trump-appointed judges who are themselves touchstones on the right, like Neomi Rao and James Ho. Others were activists who had worked alongside Ginni Thomas, a Tea Party veteran.Though efforts to overturn the election had failed and Joe Biden was deep into his first year as president, the mood in the room was buoyant, even triumphal. Justice Thomas, who for years labored at the margins of the court, now found himself with a new 6-to-3 conservative majority. At the Heritage tribute, Mitch McConnell, the Senate Republican leader, called Thomas “a legal titan” and “the brightest possible north star.” Playing to the crowd of nearly 250 of his party’s elite, he dryly asked: “What could I, Mitch McConnell, possibly know about a notable leader who is parsimonious with his public statements? Who shuns the performative aspect of public life? And who is viewed as a boogeyman by the radical left? What would I know about that?” Among the crowd’s laughter, Thomas’s deep baritone was most audible.‘He has charted a very radical approach to judging — it’s surprising, actually, how far the court has moved in his direction.’Much has changed since Thomas joined the court in 1991, when the judicial orthodoxy of the right had little traction — including the belief that Roe v. Wade, which established a right to abortion, relied on a phantom “right to privacy” that isn’t explicit in the Constitution, or that there was “no device more destructive to the notion of equality” than affirmative action and racial quotas, as former Chief Justice William H. Rehnquist once wrote in a dissenting opinion. During his first decade on the court, Thomas was often characterized by his critics as a cipher who almost never asked questions from the bench and was an underwhelming understudy to Justice Antonin Scalia.But on the right, Thomas has come to be regarded as an epochal justice. The man who succeeded Thurgood Marshall, becoming the second Black justice, may end up with a legacy just as consequential. Trump’s conservative appointments have tipped the balance of the Supreme Court toward Thomas and his originalist philosophy, which purports to interpret the Constitution as it would have been in the era in which it was written, transforming him into a shadow chief justice. When the consensus-seeking justice who formally holds that title, John G. Roberts Jr., sides with the court’s shrunken liberal wing, as is increasingly the case, it falls to Thomas, who has served the longest on the court, to assign who will write the majority opinion.Three decades into his lifetime term, Thomas has not built his reputation by writing landmark majority rulings. Instead, he has been setting the stage for a shift in influence, writing solo opinions on issues like free speech, guns and abortion that are now poised to become majority opinions. “Take his jurisprudence on unborn life,” McConnell told the Heritage Foundation crowd. “Every time, without fail, Justice Thomas writes a separate, concise opinion to cut through the 50-year tangle of made-up tests and shifting standards and calmly reminds everybody that the whole house of cards lacks a constitutional foundation.”“Justice Thomas does not break, or bend, or bow,” he said. “We need a federal judiciary full of men and women who are as bright as Justice Thomas, as expertly trained as Justice Thomas, but most importantly, most importantly, as committed to total unflinching judicial independence.” But in Thomas’s own remarks, he alluded to the shared purpose of those gathered. “It is a joy, an absolute joy, to be able to stand here and celebrate this moment,” he said, “not because of me but because of you all and what we’re trying to defend in this great country.”If Thomas has been laying the groundwork for a conservative revolution, so has his wife, who once worked at Heritage herself. Groundswell, the group she founded, plotted what it called a “30-front war” on hot-button issues and seeded talking points throughout the right-wing media, including with Bannon’s own publication at the time, Breitbart News. “She’s an operator; she stays behind the scenes,” Bannon said in an interview. “Unlike a lot of people who just talk, she gets shit done.”The Thomases have long emphasized how little distance there is between them. As Justice Thomas once wrote, his searing 1991 confirmation, buffeted by sexual-harassment allegations, brought them closer together: “The fiery trial through which we passed had the effect of melding us into one being — an amalgam, as we like to say.” At the Heritage Foundation celebration, he made it clear that bruised feelings about the “very, very dark time” of his confirmation have lingered, thanking “the senators who voted for me, all 52 of them.” He named supporters who had stuck by him, including Heritage’s president at the time, Kay Coles James, who he said was “among my prayer partners 30 years ago.” And he called his wife “the rock of my life.”The Thomases during his Supreme Court confirmation hearings in 1991.Doug Mills/AP Photo While no one suggests that Thomas is writing his opinions to please his wife, he does speak of a shared Thomas philosophy. And his wife has advocated hard-line positions on many of the cultural and political issues that come before the justices, presenting an unprecedented conundrum for the Supreme Court. Orin Kerr, a law professor at the University of California, Berkeley, said that while there are no clear-cut rules outlining when justices need to recuse themselves, there are appearance concerns. “I’m sure there are justices’ spouses who have had strong opinions about politics,” Kerr said. “What’s unusual here is that Justice Thomas’s wife is an activist in politics. Historically, this is the first example of something like this that I can think of at the Supreme Court.”Justice Thomas has flipped such criticisms on their head, saying that those who raise such issues were “bent on undermining” the court. And he defended “my bride” in a 2011 speech at an event sponsored by the Federalist Society, a conservative legal group, as reported by Politico at the time. He said she worked “24/7 every day in defense of liberty,” adding, “We are equally yoked, and we love being with each other because we love the same things.” If the Thomases are at the height of their powers, the question, now, is how they will use that power in the years to come.“He has charted a very radical approach to judging — it’s surprising, actually, how far the court has moved in his direction,” John Yoo, a law professor at U.C.-Berkeley and former Thomas clerk known for drafting some of the “torture memos” under President George W. Bush, said during a discussion at the Heritage event. (Yoo also advised former Vice President Mike Pence that he did not have the authority to reject electoral votes on Jan. 6.) “What do you think is going to happen in the next 10 years when he might have a workable majority of originalists? I think we’re going to see the fruition of the last 30 years in the next 10.”The founders saw the courts as the guardians of the Constitution. In Federalist No. 78, which laid out the role of American courts, Alexander Hamilton wrote that they “were designed to be an intermediate body between the people and the legislature” and “keep the latter within the limits assigned to their authority.” But at the same time, he wrote, the judiciary would be the weakest of the new government’s three branches. While the executive “holds the sword” and the legislature “commands the purse,” the judiciary “will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.”The Supreme Court must rely on public acceptance of its decisions. For decades, the desire to shield the court from charges of partisanship has given rise to institutionalist justices who uphold certain norms. They avoid opinions that get too far out ahead of public opinion or too blithely overturn precedents. Instead they adhere to the doctrine of stare decisis, for the most part treating prior decisions as settled law, and prefer to rule in ways that win broad support. They also steer clear of attending openly partisan events.But as the court has taken a hard right turn with Trump’s appointments, it is also increasingly seen as composed of clashing ideologues, both liberal and conservative, rather than independent jurists. Even the court’s newest justice, Amy Coney Barrett, is sensitive to the charge. “My goal today is to convince you that this court is not comprised of a bunch of partisan hacks,” she said during a speech last year, accompanying Mitch McConnell at a center named for him at the University of Louisville. And as the court signals an appetite to take up cases that may well overturn settled law, including Roe v. Wade, more Americans view it as increasingly politicized, with a steep decline over the past year to a 40 percent approval rating, a new low in Gallup polling.Justice Thomas administering the Constitutional Oath to the newest Supreme Court justice, Amy Coney Barrett, on Oct. 26, 2020, as her husband, Jesse Barrett, and President Trump looked on.Oliver Contreras/Redux, for The New York TimesThis dynamic has left Chief Justice John Roberts in an increasingly isolated position as the Supreme Court’s leading institutionalist. He refrains from attending partisan legal forums, like those at the Federalist Society. And his wife, Jane, stepped down as a litigator at her law firm after his appointment. Justice Thomas, however, “believes that human beings have free will to chart our own course,” said Helgi Walker, a former Thomas clerk and a partner at Gibson Dunn. “And I have no doubt that applies, perhaps especially so, to his wife.” That said, she added, he “takes direction from no one but the law.”Thomas has also rejected the institutionalist approach when it comes to the doctrine of stare decisis. “When faced with a demonstrably erroneous precedent, my rule is simple,” he wrote in a 2019 opinion. “We should not follow it.” When he has cited Federalist No.78, he has underscored Hamilton’s comment that judges “would require an uncommon portion of fortitude” to defend constitutional principles when they are unpopular. “The trait that Hamilton singles out — fortitude — is fundamental to my philosophy of life,” Thomas said in a 2001 speech to the conservative American Enterprise Institute.He has said the route to safeguarding the Supreme Court is simply through stricter adherence to the Constitution, and he warned at a recent speech at the University of Notre Dame that judges have been exceeding their authority. “There’s always a temptation, I think, to go beyond,” he said, adding that when judges “begin to venture into political, legislative or executive-branch lanes,” they “are asking for trouble.” He laid out the consequences: “I think the court was thought to be the least dangerous branch, and we may have become the most dangerous.”But more than any other sitting justice, Thomas has stoked concerns of a hyperpartisan court. He has frequently appeared at highly political events hosted by advocates hoping to sway the court. He and his wife sometimes appear together at such events, and their appeal is apparent: He fulfills the hard right’s longing for a judge — and especially a Black judge — oblivious to the howls of the left, while she serves up the red meat the base wants to hear in her speeches. They often portray themselves as standing in the breach amid a crumbling society. “It’s very exciting,” Ginni Thomas said during a 2018 Council for National Policy meeting, “the fact that there’s a resistance on our side to their side.”Her role became increasingly public in the Trump era, when she started emceeing an annual awards ceremony celebrating some of the best-known Trump allies. The awards are handed out in conjunction with United in Purpose, a group created by Bill Dallas, an evangelical political activist. Some recipients lead organizations that have business before the Supreme Court.“When the Batphone rings and it’s Commissioner Ginni Gordon, otherwise known as Ginni Thomas, of course you have to show up,” said Dan Bongino, a former Secret Service agent turned popular pro-Trump radio host, after receiving one of Thomas’s Impact Awards in 2017. “I can’t say enough about Ginni,” Bongino told the audience at the event, which included the Fox News pundit Sean Hannity and Ed Meese, a Reagan administration attorney general. “I idolize her husband — he’s an icon to me,” Bongino said, but added that it was Ginni Thomas who connected him with right-wing leaders when he was making several unsuccessful congressional bids. “I think in the long run, when you look at the impact on the conservative movement and the principles we hold dear, I think her and her husband stand toe to toe.”The federal judicial code of conduct, adopted in 1973, restricts judges from being “a speaker, a guest of honor or featured on the program” at fund-raising events. While the code doesn’t officially apply to the nine justices, Roberts said in a 2011 report that the justices “do in fact consult” it when “assessing their ethical obligations” — a statement reiterated by a spokeswoman for the court when we asked for comment. But according to documents and recordings of such events reviewed by The Times, Justice Thomas has at least twice headlined annual conferences at the Eagle Forum, a conservative grass-roots group opposed to abortion and modern feminism. The first was in 1996 when he received an Eagle award. “He’s better than Rehnquist, he’s better than Scalia, he’s just wonderful,” Phyllis Schlafly, the founder of the Eagle Forum and one of the most influential conservative activists of her generation, told the audience, according to a cassette recording of the speech. She even recited a poem in his honor, which began: “No high court justice shows such promise/As our favorite, Clarence Thomas/You’re a jurist for the ages/Who sends liberals into rages.”The couple returned to the Eagle Forum years later, in 2017; this time his wife received the Eagle award. It was the year after Schlafly died, and the organization, which is dependent on member and conference fees, was struggling. They were featured on the event program, and documents show that Ginni Thomas urged attendees to come hear her and “my amazing husband” in a personal letter that was part of the event’s promotional materials, adding, “God can use such an occasion for encouragement and insights!” (Full registration for the group’s annual conference cost $350 as of 2019.) Afterward, the organization tweeted a promotional video aimed at prospective members that included footage of the couple’s appearance.The Thomases at an Eagle Forum event in 2017.Twitter In 2008, Justice Thomas delivered a keynote speech to donors to the Manhattan Institute and spoke at a secretive political retreat hosted by the billionaire Charles Koch. And he has had a long relationship with the Heritage Foundation, which employed his wife as a liaison to the George W. Bush White House. The group once invoked Justice Thomas’s speech at one of its Leadership for America fund-raisers in a direct appeal that it sent to Philip Morris seeking a $50,000 contribution. And in 2020, he objected to an ethics proposal circulated by the policymaking body of the federal court system that would have barred judges from membership in ideological legal groups like the Federalist Society, while he was speaking at the group’s convention. “I think they’re about to silence the Federalist Society,” he said. “So I guess I can’t come back.”Perhaps most important in understanding the couple’s far-reaching philosophy and project is their long relationship with the Council for National Policy, aspects of which have not been previously reported. Justice Thomas headlined an event for the group in 2002, and in 2008 he attended one of its meetings and was photographed with a gavel behind a lectern bearing the group’s name.Justice Thomas at a Council for National Policy meeting in 2008.Just over a decade later, Ginni Thomas would join the board of the council’s action arm. During a presentation in 2019, she warned that “conservatives and Republicans are tired of being the oppressed minority,” adding that they were being “falsely vilified, slandered and defamed as extremists and bigots and haters.” The left, she said, was “making it justifiable and normalized to fight us, to hurt us, to kill us even.” For her, this was a fight decades in the making.Before introducing Justice Thomas at the Eagle Forum in 1996, Schlafly spoke about his mother-in-law. “Now, first I want to present the wife of our distinguished speaker, Ginni Thomas, and I want to tell you that she is, I’m very proud to say, a second-generation Eagle,” she said. “It was back in 1973 that a little group in Omaha, Nebraska, decided that they would rescind Nebraska’s ratification of the Equal Rights Amendment, and it was just about half a dozen of them, but Ginni’s mother was in that group,” she added, calling it “a real turning point in our long battle” against the amendment, which the forum said would not “celebrate womanhood” but “erase it.”“And then later on,” Schlafly continued, “after the feminists moved on to another goal, after we beat them on E.R.A., they took up the goal of comparable worth” — a reference to a largely unsuccessful movement in the 1980s to require equal pay for men and women, which Schlafly called “an effort to give us wage and price control.”“Ginni was then with the Chamber of Commerce, and she was a great help in that, and now she is a major assistant for our good friend Dick Armey,” Schlafly said, referring to the Republican congressman from Texas who was then the House majority leader. “So, Ginni, stand up. We appreciate your being with us tonight.”Virginia Thomas is the daughter of a president of a Nebraska architecture firm; the well-to-do family had two houses, one in Omaha and one in a nearby lakeside development called Ginger Cove that her father built. Ginni Lamp, as she was known then, was on a cheer squad for taller girls known as the Squires, brandishing a sword and a shield before football games. “She would march in front with that; she loved doing that,” said Sue Norby, a classmate. “My other friends were on the pompom squad because they were so short, but Ginni was on a different squad because she was tall, with other tall girls. She was the warrior woman.”Ginni’s mother, Marjorie Lamp, was an outspoken Republican activist and became a towering figure in her daughter’s life. When Schlafly lost a bid to become president of the National Federation of Republican Women in 1967, Marjorie Lamp withdrew from the organization and called the voting “rigged.” She ran unsuccessfully for the Nebraska Legislature in 1972 and was a 1976 Reagan delegate, railing against Gerald Ford’s lack of leadership; “Reagan people are more hard-core,” she once said. She warned in a local paper that if Jimmy Carter was elected, “we’d be heading toward socialism.” Democrats, she wrote in a 1983 letter to The Lincoln Journal Star, “almost brought our great country to its knees with their wild spending policies.”Ginni Thomas has underscored her parents’ resolve in her own remarks. “Our family didn’t believe Nixon did anything wrong in Watergate until way after he admitted guilt,” she once said. “We believed any Republican until all the evidence was in, and then a little more.” She joined her high school’s Republican club in 1974, the year it started, and she and her mother attended the 1976 Republican National Convention together. It was her mother, she would later say, who “modeled conservative political feminism for her daughters.” She attended Creighton University in Omaha and earned her law degree there while working for a Nebraska congressman, Hal Daub, the first of a string of political jobs that took her far from Omaha.Clarence Thomas’s journey to Washington was far different. He grew up in poverty, first in Pin Point, Ga., a tiny enclave, now part of Savannah, that was established by formerly enslaved Black people after the Civil War. He and his mother and brother then moved to Savannah itself — his father left the family when he was 2 — and he was largely raised by an exceedingly strict and temperamental grandfather.For the future justice, conservatism was part of an ideological journey, much of it forged at College of the Holy Cross in Worcester, Mass., where he was among a small group of Black men that did the difficult work of integrating the institution in the late 1960s and early 1970s. He and other students, including the prominent defense attorney Ted Wells, started a Black Student Union, and for a time Thomas protested the Vietnam War. A pivotal moment came after a demonstration in Cambridge, Mass., turned into “a full-scale riot,” he wrote in his memoir. “Horrified,” he rejected what he saw as a posture of anger and resentment and threw himself into his studies.“Just about every evening, a few minutes after 11, there Clarence would be coming through the door from the library, every single evening,” recalled Edward P. Jones, the Pulitzer Prize-winning fiction writer known for his work chronicling Black lives in Washington, who lived down the hall from Thomas as a sophomore. “There was a fierce determination I sensed from him, that he was going to get as much as he could and get as far, ultimately, as he could.”Thomas got his law degree from Yale but stuck a 15-cent cigar sticker to the frame of his diploma after failing to get a big law job — such firms, he would write, attributed his academic pedigree to preferential treatment. Instead, he took the only job offer he received and went to work for Missouri’s Republican attorney general, John Danforth, and discovered the writings of the Black conservative Thomas Sowell, who assailed affirmative action as undercutting self-reliance; Thomas wrote that he “felt like a thirsty man gulping down a glass of cool water” to see his own beliefs articulated. A few years later, after he was appointed by Reagan to head the Equal Employment Opportunity Commission, he would complain that Black civil rights leaders “bitch, bitch, bitch, moan and moan, whine and whine.”President Ronald Reagan and Clarence Thomas in the Oval Office in 1986.Ronald Reagan Presidential LibraryThomas venerated his grandfather, Myers Anderson, who was as influential in his life as his wife’s mother was in hers, and titled his memoir “My Grandfather’s Son.” But the relationship was often fractious. Anderson, who donated to the National Association for the Advancement of Colored People, “wasn’t happy with his grandson’s choices,” Kevin Merida, now the executive editor of The Los Angeles Times, and Michael A. Fletcher wrote in a 2007 biography, “Supreme Discomfort.” The authors quoted Ketanji Brown Jackson, a Black former clerk for Justice Stephen Breyer whom Biden is now considering for the vacancy being created by Breyer’s retirement. She remembered sitting across from Thomas at lunch and thinking: “ ‘I don’t understand you. You sound like my parents. You sound like people I grew up with.’ But the lessons he tended to draw from the experiences of the segregated South seemed to be different than those of everybody I know.”Clarence and Ginni met in 1986 at a conference on affirmative action, which they both opposed. After a stint at the civil rights office of the Education Department, he was running the E.E.O.C.; she was an attorney at the U.S. Chamber of Commerce and mused that year to Good Housekeeping about someday running for Congress. She had extracted herself from a New Age-y self-help group called Lifespring, which she would denounce as a cult, but was still attending meetings held by a cult-deprogramming organization, and she took him along to one. He would describe her as a “gift from God,” and they married in 1987 at a Methodist church in Omaha; it was her first marriage, his second. “There’s no other way to politely say this, but the fact she married a Black man must’ve caused an uproar in that family, I can’t even imagine,” said Scott Bange, who dated Ginni in high school. In 1991, one of Ginni Thomas’s aunts told The Washington Post that the future justice “was so nice, we forgot he was Black,” adding, “He treated her so well, all of his other qualities made up for his being Black.”Thomas had custody of a teenage son, Jamal, from his previous marriage to Kathy Ambush, his college girlfriend. For several years, the couple also raised his great-nephew, Mark Martin. Jamal Thomas, who did not return requests for comment, has spoken warmly, if rarely, of his father on Facebook, writing in a 2015 Father’s Day post: “Dad showed me that you can enjoy all sorts of music. His album collection is legendary. Country, R&B, Classical, Blues, Gospel, Jazz, and yes, even Culture Club. But I kind of compare that to his ability to relate and connect with anyone.”Together, the Thomases considered themselves happy warriors. If he was estranged in some ways from his own upbringing, he embraced her world, and even became an ardent fan of the Nebraska Cornhuskers. “They have this happy-kindness, Nebraska thing going on,” one longtime friend of the couple’s said. “Ginni can be annoying and obnoxious with the happy talk, but when you’re with her one on one, she can be very kind. And with Clarence too, there’s a kindness too; it’s not just the manipulative happy talk. But there’s an underbelly of pain, and they turn it against other people.”Clarence Thomas has always maintained that he had to be talked into accepting an appointment to the Court of Appeals for the District of Columbia Circuit when he was nominated as a federal judge in 1989. “I was minding my business,” he said, recounting the story in his remarks at the Heritage celebration. He was championed by Danforth, by then a senator, who said on the Senate floor: “I hope that people would not attack Clarence Thomas because of some stereotype of what they think a Black lawyer should believe.”Thurgood Marshall announced his retirement from the Supreme Court in 1991, and President George H.W. Bush turned to Thomas. His confirmation hearings, presided over by Joe Biden, then the chairman of the Senate Judiciary Committee, began with an attempt to determine his views on Roe v. Wade. Then, after an F.B.I. report was leaked, Anita Hill, a law professor who worked under Thomas at the Department of Education and the E.E.O.C., testified that he made numerous unwelcome advances, persisted in workplace conversations about his “sexual prowess,” described graphic pornography and said he found a pubic hair on a cola can and asked who had put it there. The future justice flatly rejected the allegations, calling the public inquiry “a high-tech lynching for uppity Blacks who in any way deign to think for themselves, to do for themselves, to have different ideas.”Asked during the hearing whether he wanted to withdraw, he said, “I’d rather die.” He did not watch Hill’s testimony. “I was the one that tried to watch what was going on for as long as I could,” Ginni Thomas said in a 2020 documentary on Justice Thomas’s life and legal philosophy, “Created Equal,” made with the Thomases’ participation and funded by the far-right Charles Koch and Bradley Foundations. “It was all so wrong,” she continued. “It was so untrue.” When Biden informed Thomas in a phone call that he would vote against him, he tried to reassure him about the process. As she listened in, Ginni Thomas took a spoon from a kitchen drawer and pretended to gag herself, her husband later recounted. (Biden was also criticized for excluding testimony favorable to Hill and, much later, expressed regret.) Friends and associates said that the couple’s rage over the confirmation battle came to both define and unify them.“He was in a state of shock,” said Armstrong Williams, a Black conservative pundit and longtime friend of Justice Thomas’s, who worked for him at the E.E.O.C. and served as an adviser during the hearings. “Everything that he ever worked so hard for, everything that his grandparents and his mother were proud of him for, was reduced to sexual innuendos. And no one knew anything about his career except for those innuendos. The first time people were hearing about him were these salacious allegations.” And so, Williams said, “he threw himself into the court and becoming the best justice he could be, and that still remains his refuge.”Thomas’s early years on the court were distinguished by vigorous dissents and iconoclastic opinions. While some justices seek a narrow enough argument to garner five votes, he often staked out a lonelier, more oppositional role as a dissenter. In a 1997 Second Amendment case, he opened the door for future challenges to local gun laws. In a 2000 Nebraska abortion case, he assailed Roe v. Wade, which he called “grievously wrong.”“He was tilling the ground,” said Leonard Leo, a former executive vice president of the Federalist Society, a Council for National Policy member and a close family friend of the couple’s. “In other words, the field’s not ready for things to blossom or flourish, but he’s doing what he can to prepare it. And that’s what he’s been doing.”Leo, a Catholic like the justice, first met him when he was clerking on the District of Columbia Circuit. Thomas, then a judge on that court, became a mentor. The justice has spent time at Leo’s New England vacation home, is godfather to one of his children and has supported him through hardships, including the death of his 14-year-old daughter from spina bifida. The two men often discussed religion — Thomas once recommended he read “A History of Christianity” by Paul Johnson — and Leo says Justice Thomas saw parallels between how the church grew and how to build a body of conservative jurisprudence.“It’s very similar to what happened with the Catholic Church in the Middle Ages,” he said of the justice’s approach, adding that the church and its institutions “did their work during that time, laying the foundations for future Catholic thinking and Catholic thought to sort of grow the church and preserve its traditions. It happened quietly; it did not happen in the grand chambers of the Vatican, but it happened.”Thomas has described his judicial philosophy as one of natural law, in which liberty and equality are endowed by God. In the Thomas view, slavery and Jim Crow segregation were betrayals of the ideals enshrined in the nation’s founding documents — and so are progressive programs like affirmative action: He is equally opposed to government imposing obstacles or providing special protections. “Whether deemed inferior by the crudest bigots or considered a victim by the most educated elites, being dismissed as anything other than inherently equal is still, at bottom, a reduction of our human worth,” he said in a recent speech. In an essay called “Clarence X?” Stephen F. Smith, a Notre Dame professor and former Thomas clerk who is also Black, argues that his former boss “frequently (if not invariably) seeks to demonstrate that his conservative positions on matters of race are beneficial for Black Americans, as well as legally required.”But those positions are often out of step with a majority of Black Americans, and in his autobiography, Thomas laments being “branded a traitor to my race” for “daring to reject the ideological orthodoxy that was prescribed for blacks by liberal whites.” Such rejection of orthodoxy was evident in a 1995 concurring opinion on desegregation, when he questioned why majority-Black schools were necessarily a problem: “It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior,” he wrote.During these years, the couple were embraced on the right; they even hosted Rush Limbaugh’s third wedding at their Virginia home in 1994, with Justice Thomas officiating. Ginni Thomas was laboring in establishment Republican circles, but an ideological ferocity akin to her mother’s simmered. “I’ve been on a mission for a long time,” she told U.S. News & World Report in 1995. “I wouldn’t be in this town if I wasn’t on a mission.” By the time the Tea Party movement arose in opposition to the Obama presidency, her sense of mission was redoubled. “Over the last 30 years, I have worked and struggled inside this Beltway, waiting for you people to show up,” she told Tea Party activists in a 2010 speech at the Conservative Political Action Conference. “I adore all of the new citizen patriots who are rising up across this country, and I am happy to help show you the ropes in the Washington area, ’cause we need help.”Newly emboldened, that same year Ginni Thomas called Anita Hill, leaving a voice mail message on a Saturday morning. “I just wanted to reach across the airwaves and the years and ask you to consider something. I would love you to consider an apology sometime and some full explanation of why you did what you did with my husband,” she said. “So give it some thought. And certainly pray about this and hope that one day you will help us understand why you did what you did. OK, have a good day.” (Ginni Thomas characterized the call by saying she was “extending an olive branch.”)When asked if Justice Thomas agreed with making the call, Armstrong Williams was quick to answer. “Of course not! But he had to deal with it,” he said. “It’s his wife, it’s his best friend, his most trusted confidante, and he loves her unconditionally. He doesn’t agree with everything, but they work it out privately.”Hill was taken aback and made the call public: “She can’t ask for an apology without suggesting that I did something wrong, and that is offensive.” Hill had not been the only woman to level accusations against Clarence Thomas: At the time of his confirmation hearing, another former E.E.O.C. employee, Angela Wright, who was fired by him, detailed inappropriate sexual comments she said he made, including remarking on her bra size. A third former agency employee said, “If you were young, Black, female and reasonably attractive, you knew full well you were being inspected and auditioned as a female.” Neither was called to testify.In 2010, shortly after news broke of Ginni Thomas’s call to Hill, Lillian McEwen, a former assistant U.S. attorney who dated Clarence Thomas for several years after his separation from his first wife, spoke out: “He was always actively watching the women he worked with to see if they could be potential partners,” she told The Washington Post in support of Hill’s account. “I have no hostility toward him,” she said. “It is just that he has manufactured a different reality over time.” In 2016, Moira Smith, the general counsel at an Alaska natural-gas company, said she was groped in 1999 by Justice Thomas while she was a 23-year-old Truman Foundation scholar, eight years after he joined the court.The Thomases have rejected all such allegations. “I think, and I’ve said this only a few times publicly, one of the best things that could have happened to me was to have gone through the kind of confirmation I went through,” he told the conservative activists at the Eagle Forum in 1996. “I am the freest person on the court. I have no illusions, no desires for accolades, no desires for praise. I’m there to do a job. I will do it, and I will go home.”A few weeks after Mitt Romney lost the 2012 presidential election, Ginni Thomas called Steve Bannon, then the chairman of Breitbart, and they had lunch at the Washington townhouse that was both Bannon’s residence and Breitbart’s headquarters. Romney’s loss presaged a battle for the Republican Party’s direction, and Thomas wanted to start a hard-right round table to serve as an alternative to an establishment meeting run on Wednesdays by Grover Norquist, the anti-tax crusader. “She had the idea, ‘I think we need something to counter Grover’s Wednesday meeting,’” recalled Bannon, who didn’t know her well at the time. “And I said, ‘That’s a brilliant idea.’”The previous year, Thomas’s activism drew scrutiny of her and her husband, when Common Cause, an advocacy group, reviewed I.R.S. filings and criticized Justice Thomas for failing to disclose his wife’s income — nearly $700,000 over five years from the Heritage Foundation — as required by federal law. He subsequently amended 20 years of filings. After her stint at Heritage, Ginni Thomas ran a Washington-based constitutional studies center for Michigan’s Hillsdale College, a conservative bastion that her husband has called “a shining city on a hill.” She also briefly ran her own advocacy group called Liberty Central, which campaigned against a planned Islamic community center and mosque in Lower Manhattan near ground zero; that group was funded in large measure by Harlan Crow, a friend of the Thomases’ and board member of the American Enterprise Institute, a conservative think tank whose work Justice Thomas has cited. Crow, a major Republican donor, gave $500,000 to Liberty Central. (Ginni Thomas’s 2010 pay of $120,511 was nearly 13 percent of the organization’s revenue that year, tax records show.) In the wake of the financial disclosures, more than 70 House Democrats asked the justice to recuse himself from deliberations about President Barack Obama’s Affordable Care Act, which Ginni Thomas lobbied against. He declined.‘When you look at the impact on the conservative movement and the principles we hold dear, I think her and her husband stand toe to toe.’Now her new group, Groundswell, took shape, coupling a theatrical cloak-and-dagger sensibility with an inability to keep secrets. Early participants drew from a number of hard-line interest groups, including Frank Gaffney of the Center for Security Policy, Tom Fitton of Judicial Watch and Ken Blackwell of the Family Research Council, as well as Leonard Leo and Allen West, an outspoken former Florida congressman, and a number of right-wing journalists, including Mark Tapscott, then the executive editor of The Washington Examiner. A trove of internal emails was promptly leaked to Mother Jones magazine, highlighting the group’s use of tactical terms like “OpSec” (“operations security”) and its hatred of establishment Republican figures, in particular Karl Rove, whom they reviled as a moderating influence on the party.Ginni Thomas oversaw the group’s plan for its “30-front war” as Groundswell became a platform for far-right leaders, donors and media figures — the people Bannon called the “honey badgers” of the movement — to exchange and amplify hard-line positions on immigration, abortion and gun control. It was, as Bannon put it, “all the stuff that became the foundational stuff of the Trump movement.”Voting was an early focus. Among the early Groundswell participants was Russell J. Ramsland Jr., an influential Texas-based backer of evidence-free voting-fraud claims who would make a failed congressional run. So was James O’Keefe, the founder of Project Veritas, a right-wing group that has used deception and hidden cameras to try to buttress claims of voter fraud. Another participant was Catherine Englebrecht, a Texas activist who in 2009 founded True the Vote, a group that says it is battling “groups who subvert our elections to serve their own purposes” and has pushed for voting restrictions.The activists were particularly inflamed after Obama signed an executive order on March 28, 2013, that created a commission to study elections. “OBAMA TAKES TOTAL CONTROL OF ELECTIONS,” one Groundswell member wrote in an email to the group. Englebrecht warned in response that the commission, which had no authority beyond writing a report and making recommendations, “has the capacity to wipe out fair elections.”Bongino, another Groundswell member, wrote: “We need to reframe this. The narrative of the Left has already taken hold.” He added, “The words ‘Voter ID’ are already lost & equated with racism.” Thomas weighed in, listing key House staff members working on elections matters, and asked, “Who else are key working group members on ELECTION LAW, ELECTION REFORM and THE LEFT’S NARRATIVES, Groundswell???”Three months after the email exchange, Justice Thomas provided a critical vote in the court’s 5-to-4 Shelby County v. Holder decision, which effectively stripped the Voting Rights Act of language that protected voters in places that had historically disenfranchised them on the basis of race. The act had required states and counties with a history of discriminatory practices, mostly in the South, to get federal preclearance of such measures. The case was led in part by one of Thomas’s own former clerks, William Consovoy, whose arguments echoed the justice’s views. In fact, Thomas had advanced the argument for Shelby four years earlier, when he raised concerns about the constitutionality of preclearance in a case from Texas, arguing that there was no longer “a systematic campaign to deny black citizens access to the ballot through intimidation and violence.” Four years later, in his concurring opinion in Shelby, he wrote, “Our Nation has changed.”The ruling was cheered on the right, with The Wall Street Journal’s editorial board calling it “a triumph of racial progress.” Civil rights groups were dismayed. “The Shelby decision is one of the biggest affronts to our democracy in modern history,” said Janai Nelson, associate director of the NAACP Legal Defense and Educational Fund, arguing that it “unleashed a wave of voter suppression that is like what we witnessed in the Jim Crow era.” The decision freed states to enact restrictive laws, she added, that were “often based on mythical justifications” of supposed voter fraud and “by no coincidence disenfranchise minority voters at alarmingly disproportionate rates.”That same year, Ginni Thomas turned her attention to internal battles on the right. In 2013, the Republican National Committee came out with a report after Romney’s loss that was known as the “autopsy” of the party’s failures. But its prescriptions — to broaden the base and appeal to minorities and gay people — were roundly rejected by Ginni Thomas and Bannon. “It’s a joke, and it has nothing to do with what happened,” Bannon said in an interview, recalling how he reacted to the report. “We have to have something to counter it.”Groundswell, in a message circulated among its members after the autopsy, said that “Priebus is sending messages to the party,” referring to Reince Priebus, the R.N.C. chairman at the time. It continued: “If we were all gay illegal aliens, the party likes us. He is preparing the way for a change on social issues by giving a warning, ‘don’t go Old Testament.’”The Thomases faced other headwinds. In addition to Groundswell, Ginni Thomas had started her own small firm, Liberty Consulting, but was often relegated to symbolic gestures, as when she wrote to the I.R.S. in 2014 protesting that the Obama administration was “attempting to force the disclosure of donors to conservative organizations,” amid criticism from the right that the agency was singling out conservative groups for scrutiny. Justice Thomas, meanwhile, wrote vigorous dissents from what seemed to be a narrowing conservative position; in 2015, he was the only justice to back Abercrombie & Fitch’s dress code, which prevented the hiring of a woman who wore a head scarf. (He said the store was not intentionally discriminating but simply refusing “to create an exception.”)For their 28th wedding anniversary in May 2015, Justice Thomas bought his wife a charm bracelet. It had knots and ropes and a pixie, because, as she later recounted, he thinks of her as a pixieish troublemaker. But there was another charm too. “I said: ‘Wait, there’s a windmill here. What’s that mean?’” She was, after all, a former attorney for the U.S. Chamber of Commerce, a bastion of Big Oil, and has fumed aloud that kids are being turned into “robots for climate change.” But her husband had an explanation, she said: “He goes, ‘We both tilt at windmills.’”The death of Antonin Scalia in February 2016 left a void on the court and for Justice Thomas. He delivered an emotional eulogy for his friend, a longtime ideological ally, even if Scalia had once referred to his own brand of originalism as “fainthearted.” “For this, I feel quite inadequate to the task,” Thomas said, adding that the two had “many buck-each-other-up visits, too many to count.” He recounted gleefully chiding Scalia for excoriating an opinion he came across: “Nino, you wrote it.” For years, Thomas was overshadowed by his more voluble colleague, but a reconsideration followed. “For the first year or two, Justice Thomas was seen as Justice Scalia’s lap dog by some, which was wildly denigrating,” said John Malcolm, vice president of the Heritage Foundation’s Institute for Constitutional Government. “Now, in books and notes that have been released, it seems that Justice Scalia was just as influenced by Justice Thomas as Justice Thomas was by Justice Scalia.”Justice Thomas meeting with his clerks at the Supreme Court in 2002.David Hume Kennerly/Getty ImagesThomas has warm relationships with many of his court colleagues; he called Ruth Bader Ginsburg “simply a joy to work with” and was often seen helping her navigate the courtroom’s steps. But after Scalia’s death, it seemed as if he might become even more ideologically isolated. Mitch McConnell made it clear that Scalia’s successor would be left to the next president, even though nearly a year remained in the Obama administration. But with Hillary Clinton leading in the polls, it seemed that the court could soon see its “first liberal majority in nearly 50 years,” USA Today wrote in October 2016.Ginni Thomas attended the Republican National Convention as a Virginia delegate, this time on behalf of Senator Ted Cruz. There, she backed a convention-floor effort to overturn the will of Republican primary voters by awarding Trump’s delegates to Cruz. After the plot failed, Thomas expressed her disapproval of the party’s nominee in Facebook posts later compiled by Trump aides. “Donald Trump will have to WIN my vote, along with many others in the Cruz movement,” she wrote. “We were devastated at how he treated Ted” (Trump had lobbed insults and insinuations at Cruz’s wife and father), adding that it “does not bode well for a President worthy to lead this nation.”But like many others on the right who opposed Trump’s candidacy, she would become a believer. Thomas and her colleagues at the Council for National Policy had for years pushed for the appointment of “constitutionalist” judges in her husband’s image, with some even advocating the impeachment of judges who did not meet that definition. Few things were more important to the conservative base than reshaping the closely divided Supreme Court, and Trump did not disappoint. First he replaced Scalia with another conservative, Neil Gorsuch. Then, in July 2018, Trump nominated Brett Kavanaugh, a judge on the Court of Appeals for the District of Columbia Circuit, to succeed Justice Anthony M. Kennedy, the court’s swing vote, who was retiring. The court’s balance of power was poised to shift. It was the moment both Thomases had awaited.The Kavanaugh nomination, however, was soon imperiled amid unexpected sexual assault and harassment allegations reminiscent of Thomas’s own confirmation hearings. With the nomination in the balance, Ginni Thomas addressed the Council for National Policy’s membership, mentioning her husband no less than four times. Before introducing an off-the-record session at a council conference in October 2018, Jerry Johnson, a member of the executive committee, reminded attendees to turn their cellphones off and “do not record.” (A video of the event later surfaced.)Ginni Thomas invoked the shooting of Representative Steve Scalise at a charity baseball practice and the Kavanaugh nomination fight to make a larger claim that conservatives were under attack. “May we all have guns and concealed carry to handle what’s coming,” she said. “And what they’ve done to Brett Kavanaugh,” she continued, “I’m feeling the pain, Clarence is feeling the pain of going through false charges against a good man, and what they’re doing is unbelievable. I thought it couldn’t get worse than Clarence’s, but it did.”Her anger building, she told the audience that there were signs all around them of existential threats. “You see rainbow flags throughout businesses, sending powerful, subtle messages to all the customers that ‘We’re the kind, decent, compassionate, tolerant people, until the Republican evil conservatives show up, and those are all automatically hateful people,’” she said. “I see things in my veterinarian: ‘Spread Kindness,’ ‘Build Community,’ ‘Hate Is Not Welcome Here,’” she continued. “Look how defensive we are, because they have these cultural foundations.” Returning to the battle at hand, the Kavanaugh fight, she said, “Even if he gets in — I believe he’ll get in, I’m hoping he gets in, but they’re not going to leave him alone.” It was clear it was personal: “They’re trying to impeach him. They’re coming for my husband. They’re coming for President Trump!”The invitation went out in the weeks following Kavanaugh’s confirmation. Would Justice Thomas care to join the president for what one former Trump aide described as a “working lunch”? Kavanaugh’s elevation had created an opening on the Court of Appeals for the District of Columbia Circuit, considered a prime steppingstone to the Supreme Court. The top contender for the post, Neomi Rao, then serving as the administrator of the White House Office of Information and Regulatory Affairs, had been a Thomas clerk.Trump had long been intrigued by Justice Thomas. During the transition, in a meeting to discuss the court with Leonard Leo, he expressed an interest in learning more about the justice. “At one point during the conversation, he said to me, ‘You know, when I was out on the campaign trail, you know, when I mentioned Clarence Thomas, his name, sometimes the guy would get more applause than I did,’” Leo recalled. “ ‘What was that all about?’ And I said, ‘Well, you know, he’s a hero to a lot of people.’”A courting of Thomas followed, prompted as well by rumors that he might retire. His roster of former clerks became a go-to list for Trump judicial picks. (“You did appoint a lot of my kids,” the justice would later thank McGahn, Trump’s first White House counsel, in his Heritage speech.) Early on, there was also a photo-op with Thomas and his clerks, who went to the White House. And later, there was an invitation for the justice, along with his wife, to join the president and first lady for dinner.The lunch following the Kavanaugh battle, however, was supposed to be a private affair between the justice and the president. But when Thomas arrived, Trump aides said, they were surprised to see that he had brought an uninvited guest — his wife. Trump world was learning, as others have, that the two are a package deal.The accounts of the Thomases’ meetings and conversations with the White House are based on interviews with nine former Trump aides and advisers, most of whom requested anonymity in order to speak frankly about how the courtship of Thomas created an opening for his wife. (One said he didn’t want “the Ginni prayer warriors coming after me.”) Several said they were never clear as to whether she was there as an activist or a paid consultant. They recounted how she aggressively pushed far-right candidates for various administration jobs and positioned herself as a voice of Trump’s grass-roots base. “Here’s what the peeps think,” she would say, according to one of the aides. “We have to listen to the peeps.”Shortly after the lunch meeting with her husband, she got a meeting of her own with the president, at her request, arriving in the Roosevelt Room on Jan. 25, 2019, with a delegation that included members of Groundswell in tow. “It was the craziest meeting I’ve ever been to,” said a Trump aide who attended. “She started by leading the prayer.” When others began speaking, the aide remembers talk of “the transsexual agenda” and parents “chopping off their children’s breasts.” He said the president “tried to rein it in — it was hard to hear though,” because throughout the meeting attendees were audibly praying.It was an event with no precedent, and some of the details of what transpired soon leaked: the wife of a sitting Supreme Court justice lobbying a president when several cases involving transgender rights were making their way through the federal courts. (The following year, Justice Thomas would join a dissent that asserted that the Civil Rights Act did not cover people on the basis of sexual orientation or gender identity.) The meeting grew chaotic. Ginni Thomas and other attendees complained to the president that their favored hard-line job candidates were being blocked and that his own personnel office should be purged, depicting some of his aides as closet liberals and Never Trumpers.Before the meeting, Trump’s aides assembled the research document outlining concerns with Ginni Thomas and some of her preferred job candidates, the contents of which they shared with the president.The document, obtained by The Times, detailed how Crystal Clanton, a friend of Ginni Thomas’s whose name had been advanced, had been forced out from Turning Point USA, a conservative student group on whose advisory board Ginni Thomas once served, after The New Yorker reported that she wrote in a text: “I HATE BLACK PEOPLE. Like [expletive] them all. … I hate blacks. End of story.” (Ginni Thomas subsequently hired Clanton, and Justice Thomas, who has called the allegations against Clanton unfounded, helped her get a federal clerkship and wrote in a letter of support that he would consider her for a Supreme Court clerkship.) Other names advanced by Ginni Thomas included Bongino, whom she recommended for a counterterrorism position, and David A. Clarke, a Black former Milwaukee County sheriff whose oversight of a local jail was the subject of multiple investigations and lawsuits, whom she supported for a top post at the Department of Homeland Security.The report reminded the president that Ginni Thomas had once called him “a nonconservative candidate” whose populism was “untethered and dangerous” and whose tactics did “not bode well for a President worthy to lead this nation.” It even included a photo of her at the 2016 Republican National Convention, where she supported the effort to strip Trump of his delegates, holding her delegate badge, which was decorated with a yellow ribbon emblazoned with the words “trouble maker.”“In the White House, she was out of bounds many times,” one of Trump’s senior aides said. “It was always: ‘We need more MAGA people in government. We’re trying to get these résumés through, and we’re being blocked.’ I appreciated her energy, but a lot of these people couldn’t pass background checks.” Many of the people she pushed, another former Trump aide said, “had legitimate background issues, security-clearance issues or had done a lot of business overseas.”The president continued to allow Ginni Thomas access, telling aides that if she were in the White House visiting with other officials, she was welcome to drop by to see him. And she did on several occasions, while also passing notes on her priorities through intermediaries, multiple aides said. With her husband, she also attended a state dinner for the Australian prime minister, and she went to the White House when her husband administered the Constitutional Oath to Amy Coney Barrett, Trump’s third appointment to the Supreme Court, as guests including Laura Ingraham, the Fox News host and former Thomas clerk, celebrated.The Thomases at the White House in 2019 for a state dinner honoring Prime Minister Scott Morrison of Australia.Paul Morigi/Getty ImagesWith her place in the presidential orbit secure, Thomas became even more outspoken. In posts on Facebook, she shared a George Soros conspiracy-theory meme and criticized the teenage survivors of the school massacre in Parkland, Fla., for supporting gun control. She complained when a town near her Virginia home put up a banner in support of Black Lives Matter, saying the group was filled with extremists “seeking to foment a cultural revolution,” and traded barbs on her public Facebook page. “Hey, are you aware you married a black man?” one commenter wrote, to which she replied: “news tip, whitey, all blacks don’t think alike!”By 2019, her influence in Republican circles was growing. She took on a leadership role at the Council for National Policy, joining the board of C.N.P. Action, which had become a key cog in the Trump messaging machine. (The council declined to comment.) The board holds breakout sessions on “pressing issues,” then publishes “action steps” for members. That year, she and her friend Cleta Mitchell, a council member and Republican elections lawyer, conducted a joint session at which Mitchell discussed harnessing charitable dollars for political purposes and Thomas spoke on the culture war. Thomas told her listeners that societal forces were arrayed against them, while flashing a slide depicting the left as black snakes coiled around cultural institutions. “Our house is on fire,” she declared, “and we are stomping ants in the driveway.”During Trump’s presidency, documents obtained by The Times show, the council and its affiliates routinely took on issues that were likely to go before the Supreme Court. Ginni Thomas personally co-moderated a panel called “The Pro-Life Movement on Offense” that laid out strategies to energize “low turnout pro-life voters” and “persuadable Democrats and Hispanics” by talking to them “about late-term abortion, taxpayer funding of abortion, and the Supreme Court,” one of the slides in the presentation read. Amid the pandemic and legal challenges to lockdown restrictions, the organization urged members to “pray for our churches to rise up.” The scope of potential conflicts has little precedent beyond narrower episodes on lower federal courts, as when the wife of Judge Stephen Reinhardt was an A.C.L.U. executive but he did not always recuse himself from cases in which the A.C.L.U. had an interest. But unlike the Supreme Court, litigants there had the right to appeal.As the 2020 election neared, C.N.P. Action meetings and documents targeted Democratic strategies that make it easier to vote, including the practice of civic groups’ gathering ballot applications, derided by many on the right as “ballot harvesting.” Months later, the Supreme Court upheld an Arizona ban on the practice, with Thomas in the 6-to-3 majority. C.N.P. Action also pressed for mandatory voter-identification laws and even floated the idea of using former Navy SEALs to monitor polls.Thomas was also busy with displays of devotion: She boasted in an online biography that she “set agendas with President Trump’s White House for quarterly conservative leader briefings” and started a group of Trump supporters called the Northern Virginia Deplorables. But it was after Trump’s November loss that she would prove her loyalty beyond doubt, when she and her group urged on efforts to overturn the election.In the weeks after Trump’s loss, court challenges began to pile up from his team, his allies and even Republican lawmakers. They echoed the call put out by C.N.P. Action to challenge swing-state outcomes, with one Republican congressman, Mike Kelly of Pennsylvania, filing a lawsuit against his own state to try to stop the certification of its votes. On Dec. 8, the Supreme Court refused a request to hear that case before the certification date in a one-sentence statement. It remains unknown whether the justices were unanimous in their decision.By then, the network around the Thomases was lighting up. On Dec. 10, a former Thomas clerk and close friend of the couple’s, John C. Eastman, went on “War Room,” a podcast and radio show hosted by Bannon. Eastman argued that the country was already at the point of a constitutional crisis — and he urged the Supreme Court to intervene. Bannon eagerly agreed. Behind the scenes, Eastman was advising Trump and his campaign on a new proposal to change the outcome of the election: Vice President Mike Pence, he asserted, could refuse to accept swing-state votes and send them back to the state legislatures when he presided over the certification of the election in a joint session of Congress on Jan. 6.As the Trump court challenges to the election multiplied, C.N.P. Action took up the charge once more, training its sights on the Jan. 6 certification. In December, it circulated a newsletter that included a report titled “Five States and the Election Irregularities and Issues,” targeting five swing states where Trump and his allies were already pressing litigation. But time was running out for the courts to “declare the elections null and void,” the report warned. The newsletter advised: “There is historical, legal precedent for Congress to count a slate of electors different from that certified by the Governor of the state.” One co-author of the “Five States” report was Cleta Mitchell, who by that time was among the lawyers advising Trump.Soon a number of longtime friends and associates of the Thomases were involved in efforts to overturn the election results, or helping plan the Jan. 6 rallies. Besides Eastman and Bannon, there was Mitchell, who took part in Trump’s Jan. 2 call in which he exhorted Georgia’s secretary of state to “find” the votes he needed to claim a victory. Turning Point USA, on whose advisory board Ginni Thomas had served, was a sponsor of the Jan. 6 event and provided buses for attendees. (An early rumor suggesting that she paid for the buses was debunked.)Other sponsors included two more groups with which Ginni Thomas had long ties. One was the Tea Party Patriots, headed by Jenny Beth Martin, a fellow Council for National Policy activist. The other was Women for America First, which held the permit for the rally at the Ellipse and was run by Amy Kremer. The two women, and Ginni Thomas, had all been early Tea Party activists, though Kremer and Martin had been engaged for years in a bitter legal dispute. “That’s why it was interesting when I learned that they’d been working together on the January 6 coordination,” Dustin Stockton said, adding that he had been told by another organizer, Caroline Wren, on Jan. 5 that it was Ginni Thomas who worked to bring unity ahead of the rally. (Asked about Thomas’s mediating role, Kremer’s daughter Kylie Jane Kremer, the executive director of Women for America First, did not answer that question, instead painting Stockton as someone who makes “inaccurate and attention-seeking statements.” Martin similarly avoided the question, issuing a statement that condemned the violence at the Capitol. Wren disputed Stockton’s account but declined to elaborate.)The spectacle of a Supreme Court justice’s spouse taking to Facebook to champion the attempt of a defeated president to stay in power, as Ginni Thomas did on the morning of Jan. 6, crossed a line for several people in the Thomases’ circle who talked to The Times. “That’s what she does — it has nothing to do with him,” said Armstrong Williams, Justice Thomas’s longtime friend. “Should she use better judgment? Yes. You can quote me on that.”Ginni Thomas posted a disclaimer after the protests devolved into an insurrection — “[Note: written before violence in US Capitol]” — but she had also lamented Trump’s loss in a message to “Thomas Clerk World,” a private email group used by Ginni Thomas and former clerks and their spouses that is typically reserved for more anodyne pleasantries. Her use of the forum prompted a bitter debate among the former clerks that soon leaked. It started on Jan. 17, when Smith, the Notre Dame professor, shared an article from Christianity Today denouncing the Jan. 6 violence. Among those who weighed in was Eastman, who was a speaker at the rally. “Rest assured that those of us involved in this are working diligently to ascertain the truth,” he wrote.Eastman then used the Thomas email group to invite “those of you interested in more information” to get in touch, prompting Smith to reply that he hoped everyone agreed “that the search for truth doesn’t in any way justify insurrection, trying to kidnap and assassinate elected officials, attacking police officers, or making common cause with racists and anti-Semites” because “such things are flatly contrary to authentic Christian faith.” (Details of Eastman’s role continue to emerge, including a message he sent to Pence’s top lawyer during the Capitol attack blaming the vice president for refusing to overturn the election; he repeatedly cited the Fifth Amendment in refusing to answer questions from the Jan. 6 committee.)By Jan. 18, Ginni Thomas felt compelled to issue a semi-apology on the forum, which also leaked. “I have likely imposed on you my lifetime passions,” she wrote. “My passions and beliefs are likely shared with the bulk of you, but certainly not all. And sometimes the smallest matters can divide loved ones for too long. Let’s pledge to not let politics divide THIS family, and learn to speak more gently and knowingly across the divide,” adding, “I am certainly on the humble side of awareness here. 🙏😳”In the year that has passed, Ginni Thomas has deleted one of her two Facebook accounts and has taken a lower profile. But she remains active. Last year, she invited Gov. Ron DeSantis of Florida to join a Groundswell call, describing her group as a “cone-of-silence coalition” in an email to his staff that was obtained by American Oversight, a nonpartisan watchdog group. She invoked her husband, telling DeSantis’s aides that the justice had been in contact with the governor “on various things of late.” (DeSantis, who did not respond to requests for comment, was in the midst of a number of high-profile federal court battles at the time.)The battle over the election did not land before the court as Bush v. Gore did in 2000. But in February 2021, as Trump and his associates continued pressing for state lawmakers to audit — and reverse — the 2020 election, Justice Thomas sharply dissented when a 6-to-3 majority rejected the case brought by Pennsylvania Republicans that the court had refused to take up in December. Echoing the arguments advanced by C.N.P. Action, he wrote that legislatures have the constitutional authority to determine how federal elections are held, yet in 2020, “nonlegislative officials in various States took it upon themselves to set the rules instead.”He called the refusal by his colleagues to hear the case “inexplicable,” arguing that “allegations of systemic maladministration, voter suppression, or fraud” go “to the heart of public confidence in election results. That is obviously problematic for allegations backed by substantial evidence. But the same is true where allegations are incorrect.” In other words, election disputes and claims of fraud carried as much weight — and should lead to court hearings, just as Trump and his supporters had wished — whether they were true or not. “By doing nothing,” Thomas continued, “we invite further confusion and erosion of voter confidence.” He did concede in a footnote that the 2020 presidential election had been “free from strong evidence of systemic fraud.”Though the battle for the presidency is over, the Thomases are winning in the war for the courts — and, some would argue, the country. Some of the most important issues Ginni Thomas has worked for are now barreling toward a Supreme Court redefined by Trump, where her husband is ascendant. Landmark cases loom.One major test will be elections, particularly after Biden’s Justice Department sued Georgia over a new voting law that the department said discriminates against people of color. The Supreme Court has already agreed to review race-conscious admissions programs at Harvard and the University of North Carolina, setting the stage for a dramatic reversal on affirmative action, as Justice Thomas has long sought. And Roe v. Wade appears likely to be hollowed out, if not overturned: The court, with Thomas as the lone dissenter, recently allowed abortion providers the right to challenge a Texas anti-abortion law, though a conservative majority, joined by Thomas, declined to block the law’s enforcement in the meantime. And oral arguments in another recent case suggest that there may be enough votes to uphold a Mississippi law banning abortion after 15 weeks. Justice Thomas seemingly used his questions to press for a full reversal of Roe v. Wade, demanding: “If I were to ask you what constitutional right protects the right to abortion, is it privacy? Is it autonomy? What would it be?”Such performances have made him a hero to many on the right. Brigitte Gabriel, a Council for National Policy stalwart who once said that “every practicing Muslim is a radical Muslim” — and whose activism Ginni Thomas once praised in a glowing Daily Caller column — called Justice Thomas “the real chief justice” during December oral arguments and tweeted a doctored photo in which every justice had his face with the caption: “This would be a Supreme Court with Courage.”“I love calling it the Thomas court,” said Helgi Walker, the former Thomas clerk. “He didn’t change. That’s why it’s been wonderful to watch this arc. The influence he exerts comes from the power of his ideas,” she continued. “That’s what his legacy is built on.”In September, Justice Thomas stood before the audience at the University of Notre Dame. Asked what he thought was the biggest misconception the public has about the Supreme Court, he said: “I think that they think that we make policy. I think the media makes it sounds as though you are just always going right to your personal preference. So if they think you’re anti-abortion or something personally, they think that that’s the way you always will come out. They think you’re for this or for that. They think you become like a politician. And I think that’s a problem.”He told his audience that when he talked to his clerks about the real meaning of their work, “why we do what we do,” he insisted that “it’s not about us. It’s not about winning and losing at the court. It is about the entire country and the idea of this country.”Last summer, the Thomases took a road trip in their 40-foot Prevost bus, repeating visits to R.V. parks and Walmart parking lots that they have made to 42 states over more than two decades. The couple find such journeys restorative, a way to travel semi-anonymously in places where they feel more politically at home. (“It’s the best of America,” Ginni Thomas once said.) Justice Thomas lamented at Notre Dame that “a notable pessimism about the state of our country” had taken hold, with some Americans believing that “America is a racist and irredeemable nation” and seeking to “cancel our founders.”There are still people who have faith in the country and what it stands for, but it was on the road and beyond the East Coast elites that the couple found those Americans, at least in Justice Thomas’s telling. “My bride and I, Virginia, we were R.V.ing in the mountains of North Carolina and Tennessee. And we noticed something there,” he said. “The large number of flags of people who still believe in the ideal of this country, in an environment when there’s so much criticism, antagonism, and actually people with disdain for the very same. It was very interesting to be with regular people for three weeks.” Here, far from Washington, far from the news media, far from “the interest groups,” far from anyone who recognized him at all, was where he — where they — were at home.“There are many more of us, I think,” he told his listeners, “who feel that America is not so broken as it is adrift at sea.”Chairs reserved for the Thomases at the Heritage Foundation event last October.William Mebane for The New York Times More

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    Fringe Scheme to Reverse 2020 Election Splits Wisconsin G.O.P.

    False claims that Donald J. Trump can be reinstalled in the White House are picking up steam — and spiraling further from reality as they go.MADISON, Wis. — First, Wisconsin Republicans ordered an audit of the 2020 election. Then they passed a raft of new restrictions on voting. And in June, they authorized the nation’s only special counsel investigation into 2020.Now, more than 15 months after former President Donald J. Trump lost the state by 20,682 votes, an increasingly vocal segment of the Republican Party is getting behind a new scheme: decertifying the results of the 2020 presidential election in hopes of reinstalling Mr. Trump in the White House.Wisconsin is closer to the next federal election than the last, but the Republican effort to overturn the election results here is picking up steam rather than fading away — and spiraling further from reality as it goes. The latest turn, which has been fueled by Mr. Trump, bogus legal theories and a new candidate for governor, is creating chaos in the Republican Party and threatening to undermine its push to win the contests this year for governor and the Senate.The situation in Wisconsin may be the most striking example of the struggle by Republican leaders to hold together their party when many of its most animated voters simply will not accept the reality of Mr. Trump’s loss.In Wisconsin, Robin Vos, the Assembly speaker who has allowed vague theories about fraud to spread unchecked, is now struggling to rein them in. Even Mr. Vos’s careful attempts have turned election deniers sharply against him.“This is a real issue,” said Timothy Ramthun, the Republican state representative who has turned his push to decertify the election into a nascent campaign for governor. Mr. Ramthun has asserted that if the Wisconsin Legislature decertifies the results and rescinds the state’s 10 electoral votes — an action with no basis in state or federal law — it could set off a movement that would oust President Biden from office.“We don’t wear tinfoil hats,” he said. “We’re not fringe.”Although support for the decertification campaign is difficult to measure, it wouldn’t take much to make an impact in a state where elections are regularly decided by narrow margins. Mr. Ramthun is drawing crowds, and his campaign has already revived Republicans’ divisive debate over false claims of fraud in 2020. Nearly two-thirds of Wisconsin Republicans were not confident in the state’s 2020 presidential election results, according to an October poll from the Marquette University Law School in Milwaukee.“This is just not what the Republican Party needs right now,” said Rob Swearingen, a Republican state representative from the conservative Northwoods. “We shouldn’t be fighting among ourselves about what happened, you know, a year and a half ago.”Wisconsin has the nation’s most active decertification effort. In Arizona, a Republican state legislator running for secretary of state along with candidates for Congress have called for recalling the state’s electoral votes. In September, Mr. Trump wrote a letter to Georgia officials asking them to decertify Mr. Biden’s victory there, but no organized effort materialized.In Wisconsin, the decertification push has Republican politics on its head. After more than a decade of Republican leaders marching in lock-step with their base, the party is hobbled by infighting and it’s Democrats who are aligned behind Gov. Tony Evers, who is seeking a second term in November.“Republicans now are arguing over whether we want democracy or not,” Mr. Evers said in an interview on Friday.Mr. Ramthun, a 64-year-old lawmaker who lives in a village of 2,000 people an hour northwest of Milwaukee, has ridden his decertification push to become a sudden folk hero to the party’s Trump wing. Stephen K. Bannon, Mr. Trump’s former adviser, has hosted Mr. Ramthun on his podcast. At party events, he shows off a 72-page presentation in which he claims, falsely, that legislators have the power to declare Wisconsin’s election results invalid and recall the state’s electoral votes.Mr. Ramthun has received bigger applause at local Republican gatherings than the leading candidates for governor, and last weekend he joined the race himself, announcing his candidacy at a campaign kickoff where he was introduced by Mike Lindell, the MyPillow chief executive who has financed numerous efforts to undermine and overturn the 2020 election.Mr. Trump offered public words of encouragement.“Who in Wisconsin is leading the charge to decertify this fraudulent election?” the former president said in a statement.It did not take long before the state’s top Republicans were responding to Mr. Ramthun’s election conspiracies. Within days, both of his Republican rivals for governor released new plans to strengthen partisan control of Wisconsin’s elections.During a radio appearance on Thursday, former Lt. Gov. Rebecca Kleefisch, the party establishment’s preferred candidate, refused to admit that Mr. Biden won the 2020 election — something she had already conceded last September. Ms. Kleefisch declined to be interviewed.Kevin Nicholson, a former Marine with backing from the right-wing billionaire Richard Uihlein, declined in an interview to say whether the election was legitimate, but he said there was “no legal path” to decertifying the results.Mr. Vos spent nearly an hour Friday on a Milwaukee conservative talk radio show defending his opposition to decertification from skeptical callers.“It is impossible — it cannot happen,” he said. “I don’t know how many times I can say that.”A Tuesday rally at the Wisconsin State Capitol in Madison drew about 250 people who called for decertifying the 2020 presidential election. Taylor Glascock for The New York TimesYet, Mr. Ramthun claims to have the grass-roots energy on his side. On Tuesday, he drew a crowd of about 250 people for a two-hour rally in the rotunda of the Wisconsin State Capitol.Terry Brand, the Republican Party chairman in rural Langlade County, chartered a bus for two dozen people for the three-hour ride. Mr. Brand in January oversaw the first county G.O.P. condemnation of Mr. Vos, calling for the leader’s resignation for blocking the decertification effort. At the rally, Mr. Brand stood holding a sign that said “Toss Vos.”“People are foaming at the mouth over this issue,” he said, listening intently as speakers offered both conspiracy theories and assurances to members of the crowd that they were of sound mind.“You’re not crazy,” Janel Brandtjen, the chairwoman of the Assembly’s elections committee, told the crowd.One speaker tied Mr. Vos, through a college roommate and former House Speaker Paul Ryan, to the false claims circulating in right-wing media that Hillary Clinton’s campaign spied on Mr. Trump. Another was introduced under a pseudonym, then promptly announced herself as a candidate for lieutenant governor.The rally closed with remarks from Harry Wait, an organizer of a conservative group in Racine County called HOT Government, an acronym for honest, open and transparent.“I want to remind everybody,” Mr. Wait said, “that yesterday’s conspiracies may be today’s reality.”Mr. Ramthun says he has questioned the result of every presidential election in Wisconsin since 1996. (He does not make an exception for the one Republican victory in that period: Mr. Trump’s in 2016.) He has pledged to consider ending the use of voting machines and to conduct an “independent full forensic physical cyber audit” of the 2020 election — and also of the 2022 election, regardless of how it turns out.Mr. Ramthun has adopted a biblical slogan — “Let there be light” — a reference to his claim that Mr. Vos is hiding the truth from voters. If Wisconsin pulls back its electoral votes, Mr. Ramthun said, other states may follow.(American presidents can be removed from office only by impeachment or by a vote of the cabinet.)Robin Vos, the speaker of Wisconsin State Assembly, told reporters on Tuesday that Republicans aiming to undo Mr. Trump’s loss were wrong to be angry with him.Andy Manis/Associated PressAll of this has become too much for Mr. Vos, who before the Trump era was a steady Republican foot soldier focused on taxes, spending and labor laws.Mr. Vos has often appeased his party’s election conspiracists, expressing his own doubts about who really won in Wisconsin, calling for felony charges against Wisconsin’s top election administrators and authorizing an investigation into the 2020 election, which is still underway.Now, even as he draws the line on decertification, Mr. Vos has tried to placate his base and plead for patience. He announced this week the Assembly plans to vote on a new package of voting bills. (Mr. Evers said in the interview on Friday that he would veto any new restrictions.)“It’s simply a matter of misdirected anger,” he said, of the criticism he’s facing. “They have already assumed that the Democrats are hopeless, and now they are focused on those of us who are trying to get at the truth, hoping we do more.”Other Republicans in the state are also walking a political tightrope — refusing to accept Mr. Biden’s victory while avoiding taking a position on Mr. Ramthun’s decertification effort.“Evidence might be out there, that is something other people are working on,” said Ron Tusler, who sits on the Assembly’s elections committee. “It’s too early to be sure but it’s possible we try it later.”State Senator Kathy Bernier is the only of Wisconsin’s 82 Republican state legislators who has made a public case that Mr. Trump lost the state fairly, without widespread fraud.Ms. Bernier, the chairwoman of the State Senate’s elections committee, in November asked the Wisconsin Legislature’s attorneys to weigh in on the legality of decertifying an election — it is not possible, they said. In December, she called for an end to the Assembly’s investigation into 2020. Three weeks later, she announced she won’t seek re-election this year.“I have no explanation as to why legislators want to pursue voter-fraud conspiracy theories that have not been proven,” Ms. Bernier said in an interview. “They should not do that. It’s dangerous to our democratic republic. They need to step back and only speak about things that they know and understand and can do. And outside of that, they should button it up.”Kitty Bennett contributed research. More

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    2020 Election Denier Will Run for Top Elections Position in Colorado

    Tina Peters, the Mesa County clerk, has been stripped of her county election oversight but is seeking to oversee her state’s elections as secretary of state.A Republican county clerk in Colorado who was stripped of her responsibility of overseeing county elections is joining a growing movement of people throughout the country who spread false claims about fraud in the 2020 presidential election and want to oversee the next one.Tina Peters, the Mesa County clerk, who is facing accusations that she breached the security of voting machines, announced on Monday that she would run to be the top elections official in Colorado.At least three Republican challengers are already running to unseat the current Colorado secretary of state, Jena Griswold, a Democrat.Colorado is a purple state that President Biden won with 55 percent of the vote in 2020. The state’s primary is on June 28, and Colorado is one of 27 states whose top elections official will be on the ballot this year.In 2020, when former President Donald J. Trump and his allies sought to undo the results of the election, they focused their pressure campaign on these relatively little-known officeholders.“I am the wall between your vote and nationalized elections,” Ms. Peters said during an appearance Monday on a podcast hosted by Stephen K. Bannon, the embattled former top aide to Mr. Trump. “They are coming after me because I am standing in their way — of truth, transparency and elections held closest to the people.”Ms. Griswold, who is also the head of the Democratic Association of Secretaries of State, said in a statement on Monday that Ms. Peters was “unfit to be secretary of state and a danger to Colorado elections,” citing Ms. Peters’s attempts to discredit the results of the 2020 presidential election.Ms. Peters did not immediately respond to telephone and email messages on Monday seeking comment.Elected in 2018, Ms. Peters took office as clerk and recorder of Mesa County, in far western Colorado, in 2019. By late 2021 a Mesa County Court judge had upheld Ms. Griswold’s removing Ms. Peters from overseeing elections in the county and replacing her with an appointee.In May of last year, Ms. Peters and two other people entered a secure area of a warehouse in Mesa County where crucial election information was stored. They copied hard drives and election-management software from voting machines, the authorities said.In early August, the conservative website Gateway Pundit posted passwords for the county’s election machines. In October Ms. Peters spoke at a gathering in South Dakota of people determined to show that the 2020 election had been stolen from Mr. Trump.The gathering also featured a large screen that, at one point, showed the software from the election machines in Mesa County.Ms. Griswold said her office had concluded that the passwords leaked out when Ms. Peters enlisted a staff member to accompany her to surreptitiously record a routine voting-machine maintenance procedure. State and county officials announced last month that a grand jury was looking into allegations of tampering with Mesa County election equipment and “official misconduct.”More recently, Ms. Peters was briefly detained by the police when she obstructed efforts by officials with the local district attorney to serve a search warrant for her iPad. Ms. Peters may have used the iPad to record a court proceeding related to one of her deputies, according to Stephanie Reecy, a spokeswoman for the county.In video of the Feb. 8 encounter, taken by a bystander and posted on Twitter, Ms. Peters can be heard repeatedly saying, “Let go of me,” as officers seek to detain her. “It hurts. Let go of me,” she says, before bending her leg and raising her foot toward the officer standing behind her.An officer responds, “Do not kick,” according to body camera video posted by KJCT News 8, a local station. “Do you understand?”Ms. Peters was charged with obstructing a peace officer and obstructing government operations, according to the Mesa County Sheriff’s Office. She turned herself in to the authorities on Thursday, posted $500 bond and was released, according to county officials.“I still have the bruises on my arm where they manhandled me,” Ms. Peters told Mr. Bannon on Monday. Later she said: “I just want to say I love the people. That’s why I’m doing this.”Mr. Bannon said Ms. Peters had been targeted because of her fight against “this globalist apparatus.”“Thank you,” Ms. Peters told the host. “I’ll work hard for you guys.” More

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    Black Woman’s Bid to Regain Voting Rights Ends With a 6-Year Prison Sentence

    Missteps by various officials put a Tennessee woman on a collision course with the law. Supporters say the sentence underscores racial disparities in voter fraud cases.A Black woman who was sentenced last week to six years and one day in prison for trying to register to vote in 2019 despite having a felony conviction says she was the victim of complicated voting laws in Tennessee that appeared to confuse even election officials.Prosecutors in Memphis said that accidentally or not, the woman, Pamela Moses, 44, broke the law. But Ms. Moses, a Black Lives Matter activist, and her lawyer say election officials gave her advice that they later corrected while she was seeking to have her voting rights restored.Voting rights activists say Ms. Moses’ lengthy sentence underscores racial disparities in the criminal justice system when it comes to voting fraud cases — especially since white men who have been charged in more straightforward instances of voting fraud have received probation or just days of imprisonment.Ms. Moses’ collision course with the justice system began when she decided she wanted to run for mayor of Memphis in the summer of 2019.Local election officials told Ms. Moses then that she could not be on the ballot because of prior felony convictions, including a 2015 conviction for tampering with evidence. That felony conviction meant Ms. Moses would never be allowed to vote again, but officials did not tell her that at the time and advised her only to check her probation status, said Bede Anyanwu, her lawyer.Ms. Moses was confused because she thought her probation was over, Mr. Anyanwu said. She still wanted to run for mayor, or at the very least vote in the upcoming election, so she went to find answers.In September 2019, a judge told Ms. Moses that she was indeed still on probation. She remained skeptical and went to the probation office, where a probation officer told her she was actually done with her felony probation, records show. The probation officer signed off on her voting rights restoration form. Ms. Moses submitted the form to election officials.Problems came one day later. The probation officer had made a mistake, and the Department of Correction sent a letter to the Shelby County Election Commission informing it that Ms. Moses was “still under an active felony sentence” and could not vote, records show.Ms. Moses was then charged with perjury on a registration form and consenting to a false entry on official election documents. The former charge was dropped, because there was no false statement from Ms. Moses on the voting form, but she was convicted of the second charge in November and sentenced Jan. 31 to six years and one day in prison.“This is a vendetta-type prosecution,” Mr. Anyanwu said on Monday. He added that Judge W. Mark Ward of Criminal Court had “acted like a bully and slammed her” with a lengthy sentence.Video of the hearing shows Ms. Moses telling Judge Ward, “All I did was try to get my rights to vote back the way the people at the election commission told me.”Judge Ward responded, “You tricked the probation department into giving you a document saying that you were off probation.”Judge Ward said in an email that he could not comment because the case was pending.Ms. Moses is currently in jail and could not be reached for comment, but she told WREG, a Memphis TV news station, in December that she “relied on the election commission because those are the people who were supposed to know what you know you’re supposed to do.”“And I found out that they didn’t know,” she said.Judge Ward said in his sentencing order that Ms. Moses seemed “to have nothing but contempt for the law and acts as though she believes herself above the law.”“Perhaps some time in custody will serve as a period of reflection that will give the defendant the insight she needs in order to be fully rehabilitated,” Judge Ward wrote. He added that he would consider placing her on probation after nine months.Amy Weirich, the Shelby County district attorney, did not respond to several calls and emails seeking an interview, but she said in a news release that Ms. Moses had 16 prior criminal convictions, including misdemeanor counts from 2015 of perjury, stalking and theft under $500.In the hearing, Ms. Moses said that she did not commit those crimes and pleaded guilty only to avoid jail time, according to the judge’s sentencing order. Mr. Anyanwu said she was also struggling financially at the time and could not afford to pay for a lawyer.Ms. Moses voted in at least six elections between 2015 and 2018, after she had been convicted of a felony, according to the sentencing orderBecause Ms. Moses was registered to vote before being convicted of a felony in 2015, a court clerk was supposed to notify election officials, who would remove her from voting rolls after the convictions.But that did not happen, according to a letter sent by the Shelby County Election Commission to Ms. Weirich, the district attorney, on Aug. 8, 2020. The letter shows that election officials acknowledged the error, writing that the conviction notice for Ms. Moses “was not sent to the election commission by the court.”Under Tennessee law, people convicted of certain felonies, including tampering with evidence, lose their voting rights forever, a measure that has drawn criticism from voting rights activists.“Instead of welcoming people in, we are perpetually shutting them out, making it harder to vote, and in this instance, criminalizing their efforts to become active and civically engaged members of our society,” Janai Nelson, the associate director-counsel of the NAACP Legal Defense Fund, said on Monday.Blair Bowie, a lawyer with the Campaign Legal Center who has been assisting Ms. Moses and Mr. Anyanwu with the case since October, said on Monday that Tennessee’s complex voting laws had a “disparate impact on Black people.” The NAACP Legal Defense Fund echoed that sentiment, saying on Twitter that “there are two criminal justice systems in America.”In October, Donald Kirk Hartle, a white Republican voter, was charged with two counts of voter fraud in Las Vegas after he forged his dead wife’s signature to vote with her ballot. He was sentenced in November to one year of probation, The Reno Gazette Journal reported.Edward Snodgrass, a white Republican official in Ohio, forged his dead father’s signature on an absentee ballot in 2020 and was charged with illegal voting, NBC News reported. As part of a plea agreement, he served three days in jail last year, The Delaware Gazette reported.Ms. Nelson compared Ms. Moses’ case to the cases of Hervis Rogers of Houston, a 62-year-old Black man who was charged with voting illegally while he was still on parole and faced up to 40 years in prison, and Crystal Mason, a Black woman in Tarrant County, Texas, who was sentenced to five years in prison for illegal voting, despite insisting that she did not know she was ineligible to vote as a felon on probation.Mr. Anyanwu said Ms. Moses planned to appeal the judge’s sentencing.Judge Ward said in his order that Ms. Moses should have listened to the first judge who told her in 2019 that she was indeed still on probation.Mr. Anyanwu disagreed.“It was the probation department that gave the letter that she had expired her sentence, so she’ll be prosecuted for a mistake that was made by the state,” he said. More

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    Jan. 6 Was a Warning. Will Lawmakers Do Anything to Protect the 2024 Election?

    The transfer of political power is perhaps the most delicate moment in the life of a democracy. It follows an election which the party in power lost and its opponents won. Inevitably, feelings are raw, tempers are short, and mistrust can run high … all as control of the nation is changing hands.Because politics is how a self-governing society resolves its differences peacefully, it is essential that the rules of this transfer are as clear as they can be. If they are not, they can be exploited to create confusion and discord. In the extreme, as the world saw on Jan. 6, 2021, ambiguity on the page opens the door to bloodshed in the streets — exactly what the rules aim to avoid.This is why Republicans and Democrats in Congress are right to train their sights on fixing, at long last, the 135-year-old federal law that sets out the process for tabulating the electoral votes that decide who becomes president, known as the Electoral Count Act.Legal experts have been raising the alarm over the act for years. Its most consequential provision, dealing with Congress’s counting of electoral votes, is “a virtually impenetrable maze,” one scholar wrote in 2019. This was the provision that President Donald Trump, assisted by a posse of partisan lawyers, zeroed in on to encourage arguably unconstitutional behavior by Vice President Mike Pence and members of Congress, potentially criminal behavior by Rudy Giuliani and his dozens of fake electors, and obviously criminal behavior by hundreds of rioters who laid siege to the Capitol.It doesn’t matter whether any of these people actually believed the wild claims about how the Electoral Count Act works, if they had heard of it at all. The law’s confounding language created the space for a seductive narrative about a stolen election, and a legal path to take it back.More than a year later, Mr. Trump continues to lie about the law, revealing in the process his utter contempt for the most basic democratic principles. “Mike Pence did have the right to change the outcome, and they now want to take that right away,” Mr. Trump said late last month in a statement opposing E.C.A. reform. “Unfortunately, he didn’t exercise that power — he could have overturned the election!”No, he could not. Mr. Pence acknowledged as much on Friday. “I had no right to overturn the election,” he said. Yet that much should have been crystal-clear even before 2020. Since it wasn’t, and since Mr. Trump shows every indication of planning to run again in 2024, it is imperative that Congress clarifies the law now — before anyone casts a ballot in that election, and before knowing which party will be in charge of the Senate or the House of Representatives. It’s not hyperbole to say that American democracy is at stake.To understand the mess of the Electoral Count Act requires a brief history lesson. The law arose out of one of the most controversial elections in American history, the 1876 presidential race, a nail-biter with disputes over electoral votes in several states, leading to an ad hoc congressional commission that haggled for months and did not settle on a clear winner until days before the inauguration. Rutherford B. Hayes, who in the end was awarded the presidency over the Democrat, Samuel Tilden, wrote that “radical change” was needed immediately to prevent a similar battle from tearing the nation apart. Still a decade went by before Congress took action, and the law it ultimately passed confused more than it clarified.Today, three reforms matter above all: clearly defining the role and powers of the vice president, of Congress and of the states in electing the president. All three are central to achieving the fundamental goal, which is to ensure that voters, and not partisan political officials, get to choose their leader.Let’s take each of the players in turn.First, the vice president. Contrary to the self-serving fantasies of Mr. Trump and the lawyers who schemed with him, like John Eastman, the vice president’s role on Jan. 6 is a straightforward one. Starting at 1 p.m., the job is to open the envelopes and announce the electoral-vote counts from each state, in alphabetical order, then call for any objections. That’s it.She or he has no authority to unilaterally reject electors from the states. The law already lays out this process, but its outdated language is vague and should be clarified in a way that leaves no room for mischief.Next, Congress. The national legislature has many responsibilities, but sitting as a presidential-recount board is not one of them. Whenever a state submits a single, uncontested slate of electors, as all 50 states did in 2020, Congress’s job is to accept it. The problem is that the Electoral Count Act makes it easy to throw a wrench in the works by allowing objections to a state’s submission if only a single senator and a single representative sign on. This sets off hours of debate and delay — a recipe for chaos, as Senators Ted Cruz and Josh Hawley demonstrated with their grandstanding around baseless allegations about voting irregularities that had been rejected by every court to consider them.To avoid a repeat of this shameful and reckless behavior, Congress should raise the bar significantly — by requiring the assent of one-quarter or even one-third of both houses to lodge an objection, and a supermajority to sustain one. It should also strictly limit the grounds for raising an objection in the first place.What if a state submits two conflicting slates of electors? And what if the two houses of Congress disagree over which slate is valid? That’s a different sort of problem, and while it didn’t happen in 2020, it did in 1876 and could cause a major crisis again in 2024 — if, say, a Trump-aligned governor who believes that election was stolen refuses to certify a valid popular-vote count that favors the Democratic nominee, and instead authorizes his state’s Republican electors to cast their ballots for Mr. Trump. (Think that sounds crazy? Then you haven’t been listening to David Perdue, the former senator running for governor of Georgia.) In such a scenario, the Electoral Count Act needs to make it clear that Congress should accept the electors who were chosen in accordance with state law.This is where the courts, and especially the federal courts, play an essential role. The law should leave no doubt that judges — and not political actors — have the last word in resolving any vote-counting disputes that arise between Election Day and mid-December, when electors meet in state capitals to cast their ballots.Last, but far from least, are the states themselves. Under the Constitution, state legislatures have the authority to appoint their electors however they choose. They can let the voters do it, as all 50 states do today, or they can do it themselves, as many states did in the early years of the Republic. The key point is, there are no backsies. Once a legislature has settled on a method, it may not change its mind because it’s not happy with the results on Election Day. If a state uses the popular vote to appoint electors, it is required to count those votes fairly and accurately, and to appoint electors in line with the outcome. As the speaker of the Arizona House of Representatives said last week in rejecting a bill that would have given the legislature the power to overturn the popular vote, “We gave the authority to the people. And I’m not going to go back and kick them in the teeth.’’Yet there is a glaring loophole in the federal law: If a state fails to make a choice by its prescribed method on Election Day, the legislature may step in and do as it pleases. This provision, even older than the Electoral Count Act, was written to address a narrow set of scenarios specific to the mid-19th century. Today it only invites abuse, as state legislatures can try to spin any outcome they don’t like as a “failed” election.Congress needs to limit this provision to real “failures” — a major natural disaster, terrorist attack or some other catastrophe, and even then only if it is impossible to arrange for a popular election afterward.Electoral Count Act reform is not the voting issue Democrats were hoping to push through Congress. They are rightly furious with Senators Joe Manchin and Kyrsten Sinema, along with every Senate Republican, for thwarting two badly needed bills that would have attacked many forms of voter suppression and partisan gerrymandering. Still, the current push to reform the act, whose proponents include Senators Angus King, Amy Klobuchar, Susan Collins and Mitt Romney, is worth the effort — not only because it will help protect the integrity of the presidential election, but because it may well be the only reform with enough bipartisan support to pass in this polarized moment.If its essential components do pass, Democrats can take comfort in knowing that politicians and lawmakers will have a much harder time undermining a valid vote. Republicans, who like to talk about the importance of states’ rights in our federalist system, can be reassured that Congress will stay in its lane and leave the power to appoint electors with the states, where it belongs.None of this would be an issue, of course, if the United States simply counted up all the votes and saw who won. In 2020, over seven million more Americans chose Joe Biden than chose Mr. Trump, a resounding victory that would have been impervious to all the legally dubious shenanigans Mr. Trump and his allies tried to pull. Even in the closest election of the last half century, in 2000, the national popular-vote margin was more than half a million — far more than the margins of victory in all the disputed states of 2000 and 2020 combined.But as long as we have the Electoral College, the process needs to be as clear and as foolproof as possible. Making it so will not guarantee that things run perfectly. After all, a political movement that is categorically unwilling to accept electoral defeat can do a lot of damage. But just because we can’t plan for everything is not an excuse to do nothing. When you make the perfect the enemy of the good, you get neither.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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    Arizona Republicans Sought to Overturn Votes. Rusty Said No.

    The speaker of the Republican-controlled Arizona House — who supported Donald J. Trump in 2020 — just torpedoed a bill that would have let lawmakers reject the results of an election.It is a dark time in the life of the American experiment. The world’s oldest democracy, once assumed to be unbreakable, often appears to be coming apart at the rivets.From his Florida exile, a defeated leader, whose efforts to overturn the last election are still coming into view, is working to place loyalists in key offices across the country, and his followers are racing to install themselves at the controls of future elections.Yet in Arizona this week, the unlikeliest of characters just stepped forward with a palm raised to the forces of Donald J. Trump.When right-wing lawmakers there pushed a bill that would have given the Republican-controlled Legislature the power to unilaterally reject the results of an election and force a new one, Rusty Bowers said no.For decades, Bowers, the unassuming speaker of the Arizona House, has represented die-hard Republican beliefs, supporting the kinds of low-tax, limited-government policies that made the state’s Barry Goldwater a conservative icon.Bowers could have sat on the bill, letting it die a quiet death. Instead, he killed it through an aggressive legislative maneuver that left even veteran statehouse watchers in Arizona awe-struck at its audacity.“The speaker wanted to put the wooden cross right through the heart of this thing for all to see,” said Stan Barnes, a Republican consultant who has known Bowers for some 30 years.A line drawnThe bill’s sponsor, John Fillmore — who boasts of being the most conservative member of the Arizona State Legislature — told us in an interview that Bowers’s tactics amounted to saying: “I am God. I control the rules. You will do what I say.”But to the 69-year-old Bowers, a Mormon and father of seven who first entered politics in 1992, it was clearly a matter of something bigger than parliamentary procedure.By sending Fillmore’s legislation to not one but 12 committees, effectively dooming it, he was also sending an unmistakable message about the direction of his party — a G.O.P. that is unrecognizably different from what it was back when Goldwater-style conservatism itself represented an insurgency.Fillmore’s bill would have eliminated early voting altogether and mandated that all ballots be counted by hand.Voting Rights Lab, a nonprofit group that tracks election laws, called it “one of the most comprehensive attacks on nonpartisan election administration and voter access that we have seen.”Most troubling, to voting rights advocates and independent experts, was a provision that would have empowered the Arizona Legislature to “accept or reject the election results” and given a single elector the power to demand that a fresh election be held.And while the bill was never likely to become law, it was an expression of what Barnes called a “cathartic moment” for the Republican Party. “And I think Rusty is not excited about that,” he said.‘We gave the authority to the people’The Arizona dispute comes amid a national convulsion within the Republican Party, which has split into two unequal factions — the pro-Trump forces, who have rallied behind the former president’s calls to overturn the 2020 election, and a dwindling establishment, which has either avoided the subject or faced the wrath of Trump’s allies.On Friday, the Republican National Committee moved to censure Representatives Liz Cheney and Adam Kinzinger for serving on the congressional committee investigating the Jan. 6 riot at the U.S. Capitol. In so doing, the R.N.C. officially declared that the attack was “legitimate political discourse.”Bowers did not respond to multiple requests for an interview, but his public comments indicate a deep unease with how Trump and his base of supporters have promoted wild theories about election fraud and have pushed legislation that voting rights groups say amounts to an undemocratic, nationwide power grab.“We gave the authority to the people,’’ Bowers told Capitol Media Services, an Arizona outlet, earlier this week. “And I’m not going to go back and kick them in the teeth.’’Among Arizona political insiders, Bowers is known as a Renaissance man — an artist who’s equally comfortable rolling up his sleeves to fix a broken vehicle in the middle of the desert as he is painting landscapes in watercolor. A 2015 profile describes him as “a beekeeper and an orchardist” who once trekked to Mexico to live with a remote native tribe.“He has always struck me as independent, his own man,” Robert Robb, a columnist for The Arizona Republic, told us. “He’s a doctrinaire conservative on some things, but a pragmatic, conservative problem-solver on others. Very principled, straight-shooter, full of integrity.”Bowers, a libertarian-style conservative who came of age in Goldwater’s Republican Party, backed Trump in 2020. But he resisted calls after the election to overturn the results — dismissing his colleagues’ claims, which courts and independent experts have said are unfounded, that President Biden did not win Arizona fair and square.“As a conservative Republican, I don’t like the results of the presidential election,” he said in December 2020. “I voted for President Trump and worked hard to re-elect him. But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.”The Arizona G.O.P.’s civil warBowers’s resistance to the shifting currents of Republican politics has made him a frequent target of the pro-Trump right.Last year, when he survived an attempt to recall him from the Legislature, he complained about the aggressive tactics of the Trump supporters behind it.​​“They’ve been coming to my house and intimidating our family and our neighborhood,” Bowers said, describing how mobile trucks drove by his home and called him a pedophile over a loudspeaker.He is term-limited, but his stance could revive efforts to oust him from the speakership — a move that would have national reverberations.Fillmore, who insisted he was willing to bargain over any aspects of his bill, said he was “disappointed that members of my caucus do not have the testicular fortitude” to stand up to Bowers.But he hinted at moves afoot to remove the speaker, whom he accused of sabotaging what he said was a good-faith effort to rein in voting practices that, in his view, have gone too far.“I’m an old-school person. I do not go calmly. I do not go quietly,” Fillmore warned. “I believe Republican voters are solidly in line with me.”Arizona political observers told us it was unlikely that the right wing of the Republican caucus could find a suitable replacement for Bowers, who has survived thus far through a combination of inertia and disorganization among his critics.Fillmore, who said he did not support Trump in 2016 and hadn’t spoken with him, said he had received death threats over the bill from people who accused him of racism for wanting, as he put it, to restore Arizona’s voting laws as they were when he grew up in the 1950s.He expressed his own fortitude pithily. “You know what, people?” he said. “Kiss my grits.”What to readThe Republican Party censured Representatives Liz Cheney and Adam Kinzinger, and called the events of Jan. 6 “legitimate political discourse.” Party leaders later said that the language didn’t apply to the attack on the Capitol, report Jonathan Weisman and Reid J. Epstein. Read the censure resolution here.Former Vice President Mike Pence told the Federalist Society today in Florida that “President Trump is wrong,” and that Pence “had no right to overturn the election.” Lisa Lerer reports that his remarks “offered his most forceful rebuke of Donald Trump.”Biden celebrated the Labor Department’s January jobs report today. Ben Casselman and Talmon Joseph Smith explain that the “overreaching message of the report was one of resilience in the face of a resurgent pandemic.”viewfinderIn Upper Marlboro, Md., President Biden signed an executive order on Friday requiring project labor agreements on many federal construction projects.Sarahbeth Maney/The New York TimesEye contact, with echoesOn Politics regularly features work by Times photographers. On Friday, Sarahbeth Maney caught President Biden looking up at three ironworkers, their legs hanging in the air, just before he signed an executive order benefiting construction trade unions. Here’s what she told us about capturing it:I like how all three of them are looking at Biden, and he’s looking at them. I was hoping there would be some sort of interaction. He thought it was fun. “You’re nuts,” he joked, comparing them to workers who were similarly situated at a job site when he got his first-ever union endorsement. It was a little offbeat moment that makes a speech a little more personal and interesting.They seemed like they were in their natural element. They looked really relaxed. Everyone in the crowd was sitting up very straight — very attentive, just like the men above — but down below, people had their phones out and were recording. When Biden signed the executive order, a lot of people stood up, which actually made it hard for me to take a picture — because their heads and phones were in the way.Is there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

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    Michael Flynn Is Still at War

    On Nov. 25, 2020, President Donald J. Trump announced via Twitter that he was granting a full pardon to Lt. Gen. Michael T. Flynn, his former national security adviser. Flynn pleaded guilty in 2017 to lying to federal investigators about his contacts with Russia’s ambassador to the United States during the presidential transition, though he had later tried to withdraw the plea. A CNN report that evening reflected the conventional view in Washington that the pardon, arriving 18 days after the presidential election was called for Joe Biden, was a near-final chapter of the Trump presidency, “a sign Trump understands his time in office is coming to a close.”At the time Trump announced the pardon, Flynn was encamped at the historic Tomotley estate in South Carolina, a more-than-700-acre former plantation dating back to the 17th century, where enslaved people harvested rice until much of the property was destroyed by federal troops at the close of the Civil War. Tomotley now belonged to L. Lin Wood, the Trump-supporting defamation lawyer who sued Georgia election officials over the state’s 2020 election results showing a Biden victory and predicted that the state’s Republican governor and secretary of state “will soon be going to jail.” (One of his suits was later dismissed; another is pending.) Though the next day would be Thanksgiving, Flynn had not brought his family with him. He had flown to South Carolina on the private jet of the former Overstock chief executive Patrick Byrne and set up camp at Tomotley, where he threw himself into the project of reversing the results of the election Trump had just lost.The president and his loyalists, together and independently, had been working toward this end in various ways since Election Day. Byrne told me that he and Flynn’s attorney, Sidney Powell, met with Trump’s legal adviser Rudy Giuliani in Arlington, Va., shortly after the election to offer their assistance. Through Powell, Flynn soon became part of the group as well. Byrne said he had rented several rooms at the Trump Hotel for a few months — paying a full rack rate of about $800,000 — which he, Flynn, Powell and others would move in and out of. Byrne considered the hotel “the safest place in D.C. for a command bunker.” But Flynn suggested that they also establish a separate working area far from the Beltway. Powell contacted Wood, who agreed to host them at his secluded estate. As the group began to assemble in mid-November, Wood told me that he was surprised and “honored” to discover that Flynn, whom he had never met, was among his guests.Powell had brought along two law associates. The other guests were there to gather and organize election information alongside her and Flynn. Among these was Seth Keshel, a 36-year-old former Army military intelligence captain who told me he got Flynn’s attention three weeks earlier by sending what he believed were suspicious election data to Flynn’s LinkedIn page. Another, Jim Penrose, was a cybersecurity specialist who had worked for the National Security Agency. A third, Doug Logan, was an associate of Byrne and the chief executive of a Florida-based software-security firm called Cyber Ninjas. (Powell, Penrose and Logan did not respond to requests for comment.) Wood and Byrne said the group had brought computers, printers and whiteboards. “It looked like Election Central,” Wood recalled.Flynn and the other men slept and ate at an adjacent property, Cotton Hall, but otherwise toiled in the main residence at Tomotley. In a podcast interview, Keshel recalled that when he woke up in the mornings, usually around 5:45 a.m., Flynn typically had “been up for several hours,” juggling “a few different cellphones at any given time.” Keshel told me that while he spent his three weeks at Tomotley assembling data for Powell’s legal filings, Flynn came and went without notice and did not always volunteer what he was working on. “General Flynn is very adept at need-to-know,” he said.Two days after Thanksgiving, Flynn spoke by phone with the Worldview Weekend Broadcast Network, a right-wing religious media outlet. Claiming that the 2020 election involved “probably the greatest fraud that our country has ever experienced in our history,” he asserted that China was “not going to allow 2020 to happen, and so now what we have is this theft with mail-in ballots.” A legitimate counting of the ballots would have resulted in a Trump landslide, he insisted. “I’m right in the middle of it right now,” Flynn said, “and I will tell you that, first of all, the president has clear paths to victory.”While Powell was pursuing legal options for reversing the election results, Flynn was beginning to envision a military role. “It’s not unprecedented,” Flynn, describing the nascent plan, insisted to the Newsmax host Greg Kelly on Dec. 17. “I mean, these people out there talking about martial law, like it’s something that we’ve never done. Martial law has been instituted 64 times, Greg,” he said, then added, “I’m not calling for that.”But by that point, Flynn was in fact calling for sending in the military to the contested states. Byrne told me that by Dec. 16, he had lined up a series of options for the president to consider, including using uniformed officials to confiscate voting machines and ballots in six states. Flynn suggested to Byrne that the National Guard and U.S. marshals in combination would be the most suited to the job.On the evening of Dec. 18, Flynn, Byrne, Powell and a legal associate took an S.U.V. limousine to the White House. The group found their way into the Oval Office with the help of several eager-to-please White House staff members, including Garrett Ziegler, an aide to the Trump trade adviser Peter Navarro. (Navarro had released his own extensive, and swiftly debunked, report on election fraud the day before and was in the midst of lobbying Republican members of Congress to overturn the 2020 results.) Byrne, Flynn and Powell then made their case directly to the president about the options he had at his disposal, including Flynn’s suggested use of the National Guard and U.S. marshals. According to Byrne, Powell handed Trump a packet that included previous executive orders issued by President Barack Obama and by Trump that the group believed established a precedent for a new executive order, one that would use supposed foreign interference in the election as a justification for deploying the military. In this operation, Byrne added, Flynn could serve as Trump’s “field marshal.”White House lawyers present at the meeting vehemently denounced the plan. According to Byrne, Flynn calmly replied: “May I ask what it is you think happened on Nov. 3? Do you think there was anything strange about the election?” According to another account of the meeting published by Axios, Flynn became livid. “You’re quitting!” he yelled at Eric Herschmann, a senior adviser to Trump. “You’re a quitter! You’re not fighting!” (Byrne denies that Flynn said this.)Trump was amenable to the idea of civilian authorities’ seizing voting machines; in November, he reportedly proposed the idea of the Justice Department’s doing so to his attorney general, William Barr, though Barr rejected it. But either by his own judgment or on the advice of others, he seemed to draw the line at using the military. Byrne told me that Giuliani recently explained to him that he had counseled the president to reject such a plan because “we would all end up in prison.” (A lawyer for Giuliani did not respond to a request for comment.) After Flynn and Powell’s proposal was rejected, Phil Waldron, a retired Army colonel who served with Flynn and was now working with Powell’s legal team, later offered his own revised draft executive order, in which the Department of Homeland Security would be ordered to seize the machines. But Ken Cuccinelli, the department’s acting deputy secretary, resisted. (Waldron had presented his own martial-law plan to both Flynn and Trump’s legal team; it is unclear whether the plan that Flynn’s group presented originated with him or Waldron.)A merchandise booth at the ReAwaken America event in Phoenix.Mark Peterson for The New York TimesFlynn, meanwhile, continued to agitate for military intervention. Through an intermediary, he contacted Ezra Cohen, the Defense Department acting under secretary for intelligence, who served under Flynn both at the Defense Intelligence Agency, where Flynn had been director, and on the National Security Council. Cohen (identified in other reports as Ezra Cohen-Watnick) was traveling in the Middle East at the time; the intermediary told him that Flynn wanted him to return to Washington right away.The call, Cohen told me, was out of the blue. Although it has been reported that he and Flynn were close, he insisted that this was not true: They overlapped at the D.I.A., but Cohen said they met for the first time in the spring of 2016, well after Flynn left the agency, when Cohen wanted to solicit career advice from a veteran intelligence officer. Months later, Flynn recruited him to serve on the N.S.C., but Cohen said they had spoken only briefly a couple of times since Flynn’s departure from the White House.Cohen said he demurred, but Flynn called him a second time, shortly before Christmas, catching Cohen on his cellphone as he was driving home from a Whole Foods in Maryland. He explained that he needed Cohen to direct the military to seize ballots and voting machines and rerun the election.Cohen said he was too stupefied to ask his former boss how he thought Cohen had the authority to do such a thing. “Sir, the election is over,” he said, according to the ABC News reporter Jonathan Karl’s book “Betrayal: The Final Act of the Trump Show.” “It’s time to move on.” Cohen told me that Flynn yelled so loudly that Cohen’s wife could clearly hear it from the passenger seat. “You’re a quitter!” Flynn berated him, as he had berated Herschmann. “This is not over! Don’t be a quitter!”With Flynn’s fleeting window of direct access to the president closed, he and Powell urged Representative Devin Nunes, a Trump ally, to pursue a particularly hallucinatory rumor that the election results had been manipulated by an Italian defense contractor. But a Nunes staff member found the lead to be meritless, according to someone with knowledge of the discussions. Flynn’s attempts to reach the director of national intelligence, John Ratcliffe, were blocked by the White House chief of staff, Mark Meadows, according to a government official who was privy to these efforts.It was a stunning near miss for American democracy. But after more than a month of furious machinations, Flynn seemed to have at last exhausted his options. He would later lament to a right-wing podcaster, a fellow retired general and conspiracy theorist named Paul Vallely, that “in the final days of the administration, there was a lot of decisions that could have been made.” Flynn had been boxed out, he claimed, by “a team that wanted to kind of, ‘Let’s get past this; let’s get rid of this guy Trump.’”A day after the riot at the Capitol on Jan. 6, the conservative Washington Examiner published an article suggesting that the intelligence community had delayed the publication of a report outlining China’s attempts to influence the 2020 election (though the Office of the Director of National Intelligence categorically dismissed the claim that China played any role in altering the vote totals). Flynn texted a link to the article to an associate with a bitter accompanying note: “Ratcliffe should be ashamed of himself as well as Trump for not demanding this report be made public over a month ago.”On a Friday evening this January, Flynn took the stage at Dream City Church in Phoenix, the latest stop of the ReAwaken America conference: a right-wing road show that combines elements of a tent revival, a trade fair and a sci-fi convention. Flynn, the featured speaker, was wearing a palm-tree-print blazer over a T-shirt and jeans. He began by leading a round of stretching exercises. “You’re the tough crowd, because you’re the ones who hung in there all day,” Flynn said to the audience of perhaps a thousand.The crowd had thinned considerably from a peak of 3,500. Those who remained had listened for nine hours to a procession of speakers, including Eric Trump; Mike Lindell, the MyPillow chief executive; the young conservative activist Charlie Kirk from Turning Point USA; and, just before Flynn, a New Jersey gym owner who was banned from American Airlines after refusing to wear a mask on a flight. After hours of apocalyptic pronouncements — coronavirus vaccines described by one speaker as “poison death shots,” the Biden administration by another as “worshipers of Satan” — his musings about the 2020 election seemed bland by comparison.Flynn insisted that the election was rigged against Trump and that the failure to remedy it constituted “a moment of crisis” for America. He labeled the election system “totally broken,” Democrats “socialists” and establishment Republicans “RINOs” (Republicans in Name Only). But, Flynn said, “people at the county level have the ability to change this country.” Elected county commissioners could write more restrictive voting laws. Elected sheriffs could enforce those laws.“Not everybody can be a Washington, D.C., superstar,” Flynn reminded the crowd. “Not everybody can be a Joan of Arc.”Flynn did not explicitly compare himself to the canonized martyr of the Hundred Years’ War. He did not have to. At this gathering and across the right-wing ecosystem, the story of Flynn’s victimization by a diabolical “deep state” and the news media is practically a matter of scripture. “Look at what they did to the general,” Eric Trump told the crowd earlier that afternoon, with Flynn standing onstage beside him. Warning the audience that “they want to take you down criminally,” Trump then pointed to the human evidence standing to his left: “They did it to him.”‘If you think of the classic case studies in how radicalization occurs, it all happened with Mike Flynn.’One year since Trump’s departure from office, his Make America Great Again movement has reconstituted itself as a kind of shape-shifting but increasingly robust parallel political universe, one that holds significant sway over the Republican Party but is also beyond its control. It includes MAGA-centric media outlets like One America News, Right Side Broadcasting and Real America’s Voice; well-attended events like the ReAwaken America Tour, which has also touched down in California, Texas, Oklahoma, Colorado, Michigan and Florida; its own personalities and merchandise; and above all, its shared catechism — central to which is the false claim that Trump was the legitimate victor in 2020.In this world, Flynn is probably the single greatest draw besides Trump himself. The ReAwaken America Tour organizer, Clay Clark, a 41-year-old Tulsa-based entrepreneur and anti-vaccine activist, has featured him in eight engagements across the United States over the past year. “I view it as an honor to pay him to speak at our events,” Clark told me, adding that a nondisclosure agreement prohibited him from revealing Flynn’s fee. At the Phoenix event, two nonprofit organizations Flynn helps lead, America’s Future and the America Project, had separate booths. America’s Future offered $99 annual memberships as well as T-shirts and other merchandise.All of this is bewildering to some of those who knew Flynn in his former life, as a celebrated intelligence officer in the Iraq and Afghanistan wars, and watched his spectacular fall from grace with bafflement and regret. It is as if Flynn has managed to burrow his way from a Beltway graveyard into a subterranean afterlife, where he has been welcomed by a Trumpian demimonde that deified him at first sight.Flynn possesses unique credibility among the ex-president’s followers, with his own compelling story line: that of a distinguished intelligence official who, he claims, experienced firsthand the nefariousness of the deep state. He is a MAGA martyr of such stature that the faithful have been willing to overlook some complicating elements of history. There is the fact that Trump fired Flynn from his post as national security adviser for the same lie that led to his indictment by the Justice Department, and the fact that Flynn, after pleading guilty, spent 2018 cooperating with the Justice Department investigation of other Trumpworld figures. In the right’s transfigured portrayal of Flynn, “America’s general” was at most guilty of being a conservative who dared to accuse Obama of being soft on Islamic extremists, who dared to chant “lock her up” about the Democratic presidential candidate Hillary Clinton — and who dared to ally himself with Donald Trump at a moment when doing so, for a retired military figure of his stature, was still deeply taboo. That an American three-star general had faced such persecution — that, as Eric Trump said, “they did it to him” — meant, by extension, that no conservative patriot was safe.In the year since Flynn sought to enlist the military in overturning the election, he has continued to fight the same battle by other means. He has been a key figure in spreading the gospel of the stolen election. Speaking at a rally in Washington on Jan. 5 of last year, the night before the Trump faithful stormed the Capitol, he declared that “everybody in this country knows who won” on Election Day and claimed without evidence that more dead people had voted in the election in some states than were buried on famous Civil War battlefields.In November, the House of Representatives’ Jan. 6 committee issued a subpoena to Flynn ordering him to testify, noting his reported presence at the Dec. 18 Oval Office meeting. In his speech the night before the Capitol riot, Flynn pledged: “Tomorrow, we the people are going to be here, and we want you to know that we will not stand for a lie.” The same day, Flynn was photographed with the longtime Trump adviser Roger Stone at the Willard Hotel, where several of the president’s loyalists had assembled. Flynn was also seen that evening down the street from the Willard at the Trump International Hotel, where other Trump advisers and family members had gathered and where Byrne had paid for Flynn’s lodging.Flynn has sued to block the subpoena; his attorney, David Warrington, said in a statement, “General Flynn did not organize or speak at any of the events on Jan. 6, and like most Americans, he watched the events at the Capitol unfold on television.”But the committee’s interest has both reflected and fueled a suspicion that Flynn is something more than a MAGA circuit rider. In addition to his role in the Dec. 18 meeting, Flynn is set apart by the 33 years he spent in the military establishment and the intelligence community, and by his persistent connections to that world. His brother Lt. Gen. Charles A. Flynn was an Army deputy chief of staff when rioters overtook the Capitol and took part in a phone call that day about whether to bring in the National Guard to assist the overwhelmed Capitol Police force. (Charles Flynn later denied to reporters that his brother’s views influenced the military’s response to Jan. 6.) Flynn’s suggestion at a conference last May that a Myanmar-style military coup “should happen” in the United States led Representative Elaine Luria, a moderate Democrat from Virginia and former Navy commander, to argue that Flynn should be tried for sedition under the Uniform Code of Military Justice.Flynn has denied calling for a coup. He did not respond to a detailed request for comment for this article. In Phoenix, he described his motive for his ongoing activities as the patriotic urge to “stand here and fight for this country” and alluded to the scandal and financial ruin that followed for his family. “What we experienced was unbelievable,” he said.His war against the federal government is all the more dangerous because it’s personal. “If you think of the classic case studies in how radicalization occurs, it all happened with Mike Flynn,” a fellow military veteran who later did business with Flynn observed. “You’re vilified. Your family’s ostracized. You don’t see any hope economically. This is how to make an extremist.”Long before his descent into election conspiracism, Flynn was known for his unorthodox information-gathering methods. Those who worked with him at the Joint Special Operations Command, where he arrived in 2004, and his later posting in Afghanistan, where he was the top intelligence officer for the coalition commander, Gen. Stanley McChrystal, recalled his approach as obsessive, omnivorous, high-velocity.“He was incredibly rapid,” one of his colleagues in Afghanistan recalled. “He’d take in intelligence from unusual sources, from the grass roots” — coalition soldiers in far-flung units — “and from open-source, not relying on signals. And he ran things in a very horizontal fashion. When you sent in a report, his first instinct was, ‘Who needs to see this?’ And he’d put 30 people on the email chain. It was interesting to see someone function not according to the usual rules.”Former colleagues recall Flynn reviewing reports at his desk late into the night, a half-eaten plate of tater tots beside him. His tenacity seemed to be exactly what the U.S. military effort needed. By 2004, it was clear to everyone on the ground in Iraq that one year after the invasion, U.S. troops remained at pains to understand who the enemy was, much less to defeat it. Flynn’s team closed the information gap in a hurry.But Flynn’s intelligence-gathering operation was invariably chaotic, embodied by the general himself — who, the former Afghanistan colleague said, “would contradict himself three or four times over a 10-minute period.” His determination to get actionable intelligence into the right hands also led him to defy protocol on occasion, as when a colleague saw Flynn sharing classified information on his computer with a Dutch officer in 2009. Around the same time, according to a Washington Post account, Flynn also shared sensitive intelligence with Pakistani officials, for which he was reprimanded by the Pentagon’s top intelligence official at the time, James Clapper.Flynn’s discernment as an intelligence analyst also left something to be desired, recalled one former military intelligence officer who worked with him: “During the interrogations at Abu Ghraib, you just couldn’t explain to him that ‘Look, a lot of these guys that were taken off the battlefield just don’t know anything. And they’re all not interconnected.’ And he’d be like, ‘There’s got to be some connection that we’re not making.’ And we’d be like, ‘No, it’s just not there.’” Still, Flynn’s teams provided intelligence on the whereabouts and capabilities of Iraqi and Afghan militants of such value to America’s war-fighting efforts in both countries that his problematic tendencies were largely overlooked at the time.Flynn onstage with Eric Trump in Phoenix.Mark Peterson for The New York TimesIn his book, “The Field of Fight,” Flynn describes how, after the Sept. 11 attacks, he came to believe that radical Islam was an organized global project to destroy the West, akin to the Soviet Union’s designs on the developing world during the Cold War (which Flynn experienced firsthand as a young Army lieutenant participating in the U.S. invasion of Communist-controlled Grenada in 1983). By family tradition, Flynn, the working-class son of an Army sergeant from Rhode Island, was a registered Democrat. But he also regarded the left as useful idiots in the radical Islamists’ plans, if not outright accomplices. While in Afghanistan, he disdainfully opined to a colleague that Obama wanted to “remake American society.”His misgivings about the president became personal in June 2010, when Obama fired McChrystal, Flynn’s mentor, after a Rolling Stone article quoted McChrystal’s team mocking members of the Obama administration. Six years later, Flynn would say in “The Field of Fight” that McChrystal’s “maltreatment is still hard for me to digest.”Still, Flynn’s service under McChrystal had garnered significant admiration in Washington, and Clapper, who by this point was serving as the director of national intelligence, brought Flynn to work at the O.D.N.I. in 2011. A year later, Flynn became the new director of the D.I.A. On paper, bringing in the top intelligence officer in Iraq and Afghanistan made perfect sense. On the other hand, Flynn’s experience as the supervisor of a small operation would not readily scale to an organization of 17,000 employees within a top-heavy and doctrinaire intelligence bureaucracy.One former senior intelligence official recalled trying to warn Flynn that running a large agency required different management techniques from those to which he was accustomed. Flynn, undeterred, wasted little time upending the D.I.A. He shuffled the responsibilities of the agency’s senior executives and made significant structural changes to the Defense Clandestine Service in defiance of the instruction of his Pentagon superiors. He often ignored his civilian chain of command, according to one of his subordinates.Woven into the mythology of Flynn’s martyrdom is that his dire warnings about the growing threat of Islamic extremism were what ultimately cost him his job at the D.I.A. In “The Field of Fight,” he claimed to have been given his walking papers in February 2014 “after telling a congressional committee that we were not as safe as we had been a few years back.” In fact, the only evidence I could find of Flynn saying anything along these lines was his remarks to an audience at the Aspen Institute fully five months after being asked for his resignation by James Clapper and Michael Vickers, the under secretary of defense for intelligence, not Obama. “President Obama wouldn’t have known Flynn if he’d fallen over him,” Clapper told me. “We told Susan Rice” — Obama’s national security adviser — “what we’d done after the fact.” Their reasons for ending Flynn’s tenure, he added, included insubordination and erosion of morale at the agency. Clapper termed Flynn’s fired-for-telling-the-truth narrative “baloney.”Flynn was permitted to retire with the full benefits accorded a three-star general. His retirement ceremony on Aug. 7, 2014 was well attended. He bought a three-bedroom house in the Old Town neighborhood of Alexandria, Va., and set up a consulting shop, Flynn Intel Group, in an office overlooking the Potomac River. And he began venturing into politics. Six months after his retirement, he went on “Fox News Sunday” to criticize the Obama administration’s terrorist-fighting “passivity.” A string of further appearances on the network followed. Flynn also began consulting with Republican presidential contenders, including Carly Fiorina and Scott Walker.But in the private sector, too, Flynn was reckless. His admirers were horrified to see him form a partnership with Bijan Kian, an Iranian American businessman who would later be indicted on charges of acting as an unregistered agent of the Turkish government (the case has not been resolved). Kian epitomized, in the words of a former colleague, “these guys in the D.C. swamp who prey on generals fresh out of the military with no understanding of how the business world works.”Even more concerning was Flynn’s acceptance of more than $45,000 for a speaking appearance in Moscow, at the 10th anniversary gala of Russia’s state-run RT channel in December 2015, where he was photographed sitting next to President Vladimir Putin. Friends and at least one intelligence official advised Flynn against attending the party to celebrate a Russian propaganda organization that was at the time openly spreading misinformation about and within the United States and other NATO countries. Flynn assured them that he knew what he was doing.Trump did not find Flynn’s views on Russia disqualifying in the least. By the time the candidate had wrapped up the Republican nomination, Flynn was his senior foreign-policy adviser — and, briefly, the only nonpolitician under consideration to be Trump’s running mate, according to a former Trump campaign adviser. Like most of those in Trump’s orbit, Flynn did not seem to be staking his career on a victory in November. Beginning in the final weeks of the campaign, Flynn’s consulting firm accepted over a half-million dollars from a Dutch group with ties to President Recep Tayyip Erdogan of Turkey. On Election Day in 2016, The Hill published an op-ed by Flynn (in which he failed to disclose his consulting relationship) titled “Our Ally Turkey Is in Crisis and Needs Our Support.”Even for those conservatives who reject the most garish Trump-centric conspiracy theories, there is a tendency to view Flynn as a pawn in a chess match between Trump and federal officials who had reason to wonder if the new president sought help from the Russian government during his campaign. This is true to an extent, but Flynn had placed himself on the chessboard. He lied about discussing the Obama administration’s sanctions on Russia with that country’s ambassador to the United States, Sergey Kislyak, during the presidential transition — first to incoming Vice President Mike Pence, then to White House officials, then to the media and finally to two F.B.I. agents. One former senior intelligence official who reviewed the transcript of Flynn’s conversation with Kislyak told me that he was struck by the “plain stupidity” of Flynn’s lies — knowing that Trump’s campaign was already drawing scrutiny for its contacts with Russia and knowing as well that any phone conversation with a Russian diplomat was likely to be recorded by U.S. intelligence agencies.When Flynn resigned in February 2017, Trump did not pretend to be heartbroken by the loss. As one of Trump’s senior advisers told me, Flynn “had no chemistry with Trump and didn’t come across as a guy who had it together.” But according to another adviser, the firing of Flynn constituted an early show of weakness in the eyes of the president’s son-in-law and consigliere, Jared Kushner, who confided to this individual in 2020 that throwing Flynn to the wolves was “the biggest mistake we ever made.” (Kushner could not be reached for comment.)The following December, Flynn struck a plea deal with the special counsel, Robert Mueller. Over the course of a year, Flynn sat for about 20 interviews and acknowledged, in private and later in court, that he had willfully not told the truth about the nature of his conversations with Kislyak. Though the summaries of these interviews suggest Flynn was far from expansive and at times evasive, Mueller’s team was clearly hopeful that Flynn’s experience would encourage others in Trump’s circle to come forward. The prosecutors indicated that they would not object to Flynn’s receiving no jail time.The crowd at the ReAwaken America event in Phoenix.Mark Peterson for The New York TimesStill, Flynn was racking up immense legal fees and could not find work. In the spring of 2019, he decided to fire his attorneys and replace them with the Dallas-based lawyer Sidney Powell, his future partner in the crusade to overturn the 2020 election. Powell withdrew Flynn’s guilty plea and claimed that the prosecutors were withholding what she called a crucial report that, as it turned out, did not exist. In May 2020, Attorney General William Barr intervened and moved that the case against Flynn be dismissed. A federal judge was still weighing whether to accept Barr’s recommendation when Trump rendered the matter moot by issuing his pardon on Nov. 25.Less than a month after receiving his pardon, Flynn was face to face with the man who had given it to him, presenting what Byrne called the “beautiful operational plan” for deploying the military to six contested states. When both the White House and Ezra Cohen declined to enact this plan, Flynn continued to hype fraud conspiracy theories — and intended to do the same in a speech at Trump’s rally on the morning of Jan. 6, until he was informed at the last minute that his and Byrne’s slots had been canceled.Byrne wrote that “Flynn and I sunk into our seats in despair” in the V.I.P. section throughout the program. They had hoped the president would make an evidentiary case for there having been an election-fraud conspiracy, but he had done nothing of the sort. According to Byrne’s account in his self-published book “The Deep Rig,” the two men repeatedly said to each other: “He does not get that it is not about him. He put on a [expletive] pep rally.” They returned to their hotel, hurriedly packed their bags and did not follow the throng to the Capitol, Byrne wrote.Like several other Trump allies, Flynn refused to testify as scheduled before the Jan. 6 Committee in December and sued to block its subpoena of his phone records. Flynn’s defiance of the committee fuels suspicions in some corners that Flynn has something to hide — though his reticence would also be in keeping with someone who insists an election was stolen by the same deep-state operatives who engineered his dismissal from the White House five years ago. “They did a masterful job of getting rid of me early on, because they knew exactly what I was going to do,” Flynn told Paul Vallely on a podcast in November.In September, I was attending a rally near the Capitol in support of those facing charges in the Jan. 6 riot when a short, muscular man with a shaved head approached me. He wore a T-shirt with Flynn’s face on it. Noticing my press badge, he held his iPhone up to my face and demanded to know: “Why aren’t you guys reporting on the 12th Amendment that’s going to potentially be triggered after Arizona, Georgia and Wisconsin nullify their electors?”I tried to explain that I was not writing about the election, but the man continued to talk. The next morning, I learned that a video of the encounter had been posted on the man’s Telegram account. His name was Ivan Raiklin, and he was a former Green Beret and lawyer.Raiklin has often emphasized his dealings with Flynn. When he briefly tried to run for the U.S. Senate in Virginia in 2018, Raiklin was endorsed by Flynn’s son Michael Flynn Jr., and he sat in the federal courtroom next to Sidney Powell during the elder Flynn’s hearing that December; Flynn has been photographed with Raiklin elsewhere and once described him on Twitter as “a true American patriot.” Beyond that, Flynn has never confirmed their relationship, and Flynn’s brother Joe Flynn, in a brief statement on behalf of their family, said, “We do not have any association with Ivan Raiklin.”‘He kept referring back to Mike Flynn as this linchpin and cog.’Raiklin is one of a cohort of military-intelligence and law-enforcement veterans who have found or at least claimed places in Flynn’s general orbit since the 2020 election and are engaged in ongoing efforts to relitigate its results. Others include Seth Keshel and Jim Penrose from the group that gathered at Lin Wood’s estate that November; Phil Waldron; Thomas Speciale, the leader of the group Vets for Trump, who worked at the D.I.A. during Flynn’s directorship and has provided security for Flynn; and Robert Patrick Lewis and the former Michigan police officer Geoffrey Flohr of the First Amendment Praetorian, a right-wing paramilitary outfit that has provided security for Flynn and others more than once at Flynn’s behest.Several of these men were present at the Capitol on Jan. 6, though in what capacity, and to what end, is still unclear. Flohr can be seen in video footage on the grounds near the west side of the Capitol talking on his cellphone just before the attack, though it is not known if he entered the building. Speciale was also on the west side of the building that afternoon, though he maintains that he never entered. Raiklin, too, was at the Capitol but insists he did not go inside the building.What is less ambiguous is the role that some of these figures have played in the effort to reverse 2020’s outcome by other means. Since the election, Trump’s claims of thwarted victory have given rise to a wave of state-level organizing aimed at using legislatures and other levers of power to audit the 2020 election results, on the theory that they will void enough Electoral College votes to force a rerun of the election. Although the handful of state and local audits that activists and Republican lawmakers have managed to set in motion — most significantly in Arizona — have in no cases changed the election results, it remains an area of fervent activity, in which Flynn’s name is regularly invoked.In November in New Hampshire, I attended an “election-security seminar,” presented by an organization called the New Hampshire Voter Integrity Group. The conference room was standing room only. The speakers included a state representative, a Republican candidate for Congress and Seth Keshel, who argued that their foremost mission should be “the remediation of the 2020 election.”The final speaker was Ivan Raiklin. In his hypercaffeinated cadence, Raiklin devoted his talk to enumerating the supposed conspirators whose ongoing presence helped explain “why we haven’t remedied 2020 yet.” Those forces, he said, included the F.B.I., the Bushes, Chief Justice John G. Roberts Jr., former Vice President Mike Pence and former Vice President Dick Cheney. This was the deep state that Trump was up against, Raiklin said.And, he added, “who’s the first person of any stature whatsoever who has any credibility, other than within his family and the Trump Organization, that comes in and bats for him? This is important. This is the most important thing. Say it louder: General Flynn.” Flynn and Trump’s independence was a threat to the deep state, Raiklin insisted, which led to Flynn’s indictment and Trump’s defeat. “The reason why a million people showed up on Jan. 6,” he said, was that “they know bits and pieces of the story. And they knew that something had to be called out publicly. ”The same month as the New Hampshire event, the Jan. 6 committee heard testimony from a Republican candidate for the U.S. Senate in Pennsylvania named Everett Stern, who has said he was approached last April by two associates of Raiklin at a Republican gathering in Berks County. Stern, who owns a private intelligence firm, told me that the associates wanted to enlist his help in persuading high-ranking Republican officials in Pennsylvania to support an audit in that state. When Stern asked whom they were working with, one of them replied, “General Flynn.”Later, Stern said, Raiklin communicated directly with him through text messages to find out more about his professional and personal life. After this vetting, Stern says that he was tasked with finding unflattering information about a particular Republican congressman so he could be “pushed” toward supporting an audit. Stern says he was also set up to meet personally with Flynn in Dallas in mid-June. By this time, however, Stern had reported his communications to the F.B.I. and was afraid of his legal exposure. He canceled at the last minute.Michael Flynn before the crowd in Phoenix.Mark Peterson for The New York TimesJoe Flynn told me: “We do not have anything to do with what Everett Stern is alleging,” adding, “He’s nuts.” Raiklin, too, denied to me that he helped recruit Stern to pressure elected officials into supporting a 2020 election audit. But I heard a similar story from J.D. Maddox, a former C.I.A. branch chief who ran unsuccessfully for the Virginia House of Delegates last year. Maddox, who has not previously spoken publicly about his experience, told me that he was at a candidate meet-and-greet in Arlington last May when he bumped into Raiklin. Raiklin again brought up the need for election audits — and suggested tactics far beyond lobbying legislators. “If the Democrats don’t give us that,” Maddox recalled him saying, “then violence is the next step.”Raiklin proceeded into what Maddox described as “a wild, contortionist explanation of how they would reverse Biden’s election,” involving a succession of state audits. First Arizona, then Georgia, then Wisconsin and then other state legislatures would nullify the 2020 election results, he envisioned, until Biden’s victory margin would evaporate. Maddox told Raiklin he was skeptical. “But he said he was certain it was going to happen,” Maddox told me. “And he kept referring back to Mike Flynn as this linchpin and cog.”“General Flynn is central to all this,” Raiklin had similarly claimed in New Hampshire when I spoke with him briefly after his talk. He refused to elaborate, so what that meant, exactly, was hard to say. In the feverish activity that now attends the 2020 election on the right, it can be difficult to distinguish conspiring from conspiracism — not least in Flynn’s own statements. In an interview in late January with the right-wing conspiracy website Infowars, Flynn accused George Soros, Bill Gates and others of creating the coronavirus so they could “steal an election” and “rule the world.” In another interview, he floated the rumor that “they” may be “putting the vaccine in salad dressing.”But the Capitol riot demonstrated how quickly such conspiracism could be converted into action. The belief that the 2020 election was stolen holds sway in the Republican Party as much now as it did then: According to a YouGov poll in December, 71 percent of all Republicans believe that Biden was not elected legitimately. The stolen-election myth has fused with a host of other right-wing preoccupations — the coronavirus vaccines, critical race theory, border security — into a single crisis narrative, of which Flynn is both purveyor and protagonist: The deep state intends to break America as it tried to break Flynn and the man he had the audacity to serve, Donald Trump.At the ReAwaken America event in Phoenix, I visited a booth hawking art by a man named Michael Marrone. In addition to the usual hagiographic portraits of Trump in Revolutionary War garb, Marrone had several of Flynn and other hallowed figures in the original effort to overturn the election, like Lin Wood and Sidney Powell. One featured the general seated next to Powell, both in colonial attire, signing the Declaration of Independence. In another, Flynn stood jut-jawed and eagle-eyed, wielding a musket. A third, featuring him beside Trump on a battlefield, bore Flynn’s autograph, next to the QAnon slogan WWG1WGA (“where we go one, we go all”).In real life, the bonds among this band had started to fray. Wood and Flynn endorsed different Republican candidates for governor of Georgia, a state that has become central to the right-wing efforts to overturn the 2020 results and assert partisan control over future elections. Their estrangement deepened and eventually became public when Wood posted text messages and snippets of a phone conversation on the social media app Telegram. In one of them, Flynn expressed his belief that Trump had “quit” on America.When I spoke with Wood in December, he told me that he had begun to reappraise the general. For so long Flynn’s partner in conspiracism, he had lately begun to wonder if Flynn himself might not be what he seemed. He told me about attending a Bikers for Trump rally in South Carolina last May, where Flynn led the crowd in the Pledge of Allegiance, only to fall silent momentarily during the line “and to the Republic for which it stands.” At the time, “I tried to defend him,” Wood said. “Now I don’t know. Who forgets the Pledge of Allegiance? Draw your own conclusions. It’s troublesome.”It occurred to me that this, one way or another, was probably Flynn’s life for the foreseeable future: The prospect of a normal retirement long gone, he now belonged to a MAGA storybook world of heroes and villains and nothing in between. That world “is filled with strong personalities, which is a complication in any movement,” said J.D. Rucker, a conservative podcaster who is acquainted with and admires Flynn. “When you’re fighting for a cause, you’re also fighting for a spotlight within that cause. The left is less susceptible to this — whether because they have a more collectivist view or because they’re not as capitalistic, I don’t know.”“It’s a challenge to call out a grifter,” Rucker mused, “because usually they have a very passionate, cultlike following. And sometimes we get this situation where we have these multiple grifters going after each other. It’s entertaining, but it’s also dangerous for everybody involved.”Robert Draper is a contributing writer for the magazine. He is the author of several books, most recently “To Start a War: How the Bush Administration Took America Into Iraq,” which was excerpted in the magazine. More