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    Fact-Checking Trump's Lawyers on Day 4 of Impeachment Trial

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentFriday’s HighlightsDay 4: Key TakeawaysWhat Is Incitement?Trump’s LawyersAdvertisementContinue reading the main storySupported byContinue reading the main storyFact CheckTrump’s Lawyers Repeated Inaccurate Claims in Impeachment TrialThe three members of the former president’s legal team made a number of misleading or false claims about the events of Jan. 6, antifa, the impeachment process and voter fraud.Former President Donald J. Trump’s defense lawyers Bruce L. Castor Jr. and Michael van der Veen arriving at the Capitol on Friday.Credit…Jason Andrew for The New York TimesFeb. 12, 2021Updated 7:52 p.m. ETAs they mounted their defense of the former president on Friday, Donald J. Trump’s lawyers made a number of inaccurate or misleading claims about the Jan. 6 riot at the Capitol, Mr. Trump’s remarks, the impeachment process and 2020 election. Many claims were echoes of right-wing talking points popularized on social media or ones that were spread by Mr. Trump himself.Here’s a fact check.Mr. Trump’s lawyers were misleading about what happened on Jan. 6.What Was Said“Instead of expressing a desire that the joint session be prevented from conducting its business, the entire premise of his remarks was that the democratic process would and should play out according to the letter of the law.” — Michael van der Veen, lawyer for Mr. TrumpFalse. In his speech on Jan. 6 and before, Mr. Trump repeatedly urged former Vice President Mike Pence to reject the certification of the Electoral College votes, saying Mr. Pence should “send it back to the States to recertify.” Mr. Trump continued his speech on Jan. 6 saying he was “challenging the certification of the election.”What Was Said“Far from promoting insurrection of the United States, the president’s remarks explicitly encouraged those in attendance to exercise their rights peacefully and patriotically.” — Mr. van der VeenThis is exaggerated. Mr. Trump used the phrase “peacefully and patriotically” once in his speech, compared with 20 uses of the word “fight.”What Was Said“As everyone knows, the president had spoken at hundreds of large rallies across the country over the past five years. There had never been any moblike or riotous behaviors.” — Mr. van der VeenThis is misleading. While no other Trump rally has led to a siege of the Capitol, there have been episodes of violence, sometimes encouraged by the president. Less than two months before the riot on Jan. 6, Mr. Trump waved to supporters who had gathered in Washington to protest his election loss and who later violently clashed with counterprotesters. Previously, other supporters had attacked counterprotesters, and in one case a BBC cameraman, at several Trump rallies. Mr. Trump called one victim “disgusting” and offered to pay the legal fees of a supporter who had punched a protester.What Was Said“Given the timeline of events, the criminals at the Capitol weren’t there at the Ellipse to even hear the president’s words. They were more than a mile away engaged in their preplanned assault on this very building.” — Bruce L. Castor Jr., another lawyer for Mr. TrumpThis is misleading. It is true that the Capitol was first breached before Mr. Trump had concluded his remarks, but this does not rule out the possibility that some rioters were inspired by his speech. In fact, several have said that they were.For example, Robert L. Bauer, who had attended Mr. Trump’s rally on Jan. 6 and entered the Capitol, told law enforcement that when Mr. Trump told the crowd to march to the Capitol (about 16 minutes into his speech), many heeded those words. Mr. Bauer “reiterated that he marched to the U.S. Capitol because President Trump said to do so,” according to a criminal complaint.Mr. Castor’s reasoning that Mr. Trump could not have incited the crowd to riot because the siege was preplanned also ignores an argument that House managers had made this week: Mr. Trump had spent months trying to invalidate the results of the election and encouraging his supporters to act.What Was Said“At no point was the president informed the vice president was in any danger.” — Mr. van der VeenThis is disputed. Comments by Senator Tommy Tuberville, Republican of Alabama, suggest otherwise. This week, Mr. Tuberville recounted that he and Mr. Trump had spoken just as the Capitol was breached before the phone call was cut short.“I said ‘Mr. President, they just took the vice president out, I’ve got to go,’” Mr. Tuberville said.They made inaccurate references to antifa, left-wing protests and the 2016 election.What Was Said“One of the first people arrested was the leader of antifa.” — Mr. van der VeenThis is misleading. Mr. van der Veen was most likely referring to John E. Sullivan, a Utah man who was charged on Jan. 14 with violent entry and disorderly conduct. Mr. Sullivan, an activist, said he was there to film the siege. He had previously referred to antifa — a loosely affiliated group of antifascist activists that has no leader — on social media, but he has repeatedly denied being a member of the movement.The F.B.I. has said there is no evidence that supporters of the antifa movement had participated in the Capitol siege.What Was Said“As many will recall, last summer the White House was faced with violent rioters night after night. They repeatedly attacked Secret Service officers, and at one point pierced a security wall, culminating in the clearing of Lafayette Square.” — Mr. van der VeenFalse. This timeline is wrong. Law enforcement officials began clearing Lafayette Square after 6 p.m. on June 1 to allow Mr. Trump to pose with a Bible in front of a church, not because of a breach. Additional security barriers were installed after those events, according to local news reports and the National Park Service.What Was Said“The entire Democratic Party and national news media spent the last four years repeating without any evidence that the 2016 election had been hacked.” — Mr. van der VeenFalse. United States intelligence agencies concluded years ago that Russia had tried to interfere in the 2016 election. The Republican-led Senate agreed last year that Russia had disrupted that election to help Mr. Trump.They mischaracterized the impeachment process.What Was Said“The House waited to deliver the articles to the Senate for almost two weeks, only after Democrats had secured control over the Senate. In fact, contrary to their claim that the only reason they held it was because Senator McConnell wouldn’t accept the article, Representative Clyburn made clear they had considered holding the articles for over 100 days to provide President Biden with a clear pathway to implement his agenda.” — David I. Schoen, another lawyer for Mr. TrumpThis is misleading. Democrats had considered delivering the article of impeachment earlier, but Senator Mitch McConnell of Kentucky, then the majority leader, precluded the possibility. In a letter on Jan. 8, he informed Republican lawmakers that the Senate was in recess and “may conduct no business until Jan. 19.”Representative James E. Clyburn, Democrat of South Carolina, suggested withholding the articles longer after Mr. McConnell made his timeline known. In an interview with CNN, Mr. Clyburn suggested Mr. McConnell was “doing what he thinks he needs to do to be disruptive of President Biden,” but Democrats might respond to that tactical delay with one of their own to “give President-elect Biden the 100 days he needs to get his agenda off and running.”What Was Said“Our Constitution and any basic sense of fairness require that every legal process with significant consequences for a person’s life, including impeachment, requires due process under the law, which includes fact-finding and the establishment of a legitimate, evidentiary record. Even last year, it required investigation by the House. Here, President Trump and his counsel were given no opportunity to review evidence or question its propriety.” — Mr. SchoenThis is misleading. The point about lack of “due process” is one that Mr. Trump’s lawyers and supporters had argued during his first impeachment and one that law scholars have dismissed.There are no “enforceable rights” to due process in a House inquiry, and while those rights exist in the Senate trial, they are limited, said Frank O. Bowman III, a law professor at the University of Missouri and an expert on impeachment.“One justice suggested something like that if it were found that the Senate was deciding cases on a coin flip, that might violate due process,” Mr. Bowman said. “Anything short of that, basically court’s not going to get involved.”Moreover, a senior aide on the House impeachment team said that the Trump legal team was given the trial material, including all video and audio footage, before the start of the proceedings.They repeated Mr. Trump’s false claims about voter fraud.What Was Said“Based on an analysis of publicly available voter data that the ballot rejection rate in Georgia in 2016 was approximately 6.42 percent, and even though a tremendous amount of new, first-time mail-in ballots were included in the 2020 count, the Georgia rejection rate in 2020 was a mere 0.4 of 1 percent, a drop-off from 6.42 percent to 0.4 percent.” — Mr. CastorThis is misleading. Georgia elections officials have repeatedly debunked this claim, which conflates the overall rejection rate for mail-in ballots in 2016 to the rejection rate specifically for signature mismatch in 2020. (Ballots can also be rejected for arriving late or not having a signature, among other reasons.)In 2016, Georgia rejected about 6.4 percent of all returned mail-in ballots and 0.24 percent of those ballots because of signature-matching issues. It is unclear what the 0.4 percent refers to, but in both 2018 and 2020, Georgia rejected 0.15 percent of mail-in ballots because of signature-matching issues.What Was Said“President Trump wanted the signature verification to be done in public. How can a request for signature verifications to be done in public be a basis for a charge for inciting a riot?” — Mr. CastorThis is misleading. Contrary to Mr. Trump’s belief and Mr. Castor’s repetition of it, Georgia does verify signatures. Georgia’s Republican secretary of state noted that the state trained officials on signature matching and created a portal that checked and confirmed voters’ driver’s licenses. In a news conference last month debunking Mr. Trump’s claims, Gabriel Sterling, a top election official in Georgia, explained that the secretary of state’s office also brought in signature experts to check over 15,000 ballots. They discovered issues with two, and after further examination, concluded that they were legitimate.“Shockingly, the disinformation continues,” Mr. Sterling tweeted during the trial.Nicholas Fandos More

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    Georgia Prosecutors Open Criminal Investigation of Trump Call

    #masthead-section-label, #masthead-bar-one { display: none }Campaign to Subvert the 2020 ElectionKey TakeawaysTrump’s RoleGeorgia InvestigationExtremist Wing of G.O.P.AdvertisementContinue reading the main storySupported byContinue reading the main storyGeorgia Prosecutors Open Criminal Investigation of Trump CallFulton County prosecutors have initiated a criminal investigation into former President Donald J. Trump’s January phone call to the Georgia secretary of state asking him to “find” votes.Georgia Secretary of State Brad Raffensperger, who was overseeing the electoral process in the state.Credit…Erik S Lesser/EPA, via ShutterstockRichard Fausset and Feb. 10, 2021, 9:57 a.m. ETATLANTA — Prosecutors in Fulton County have initiated a criminal investigation into former President Donald J. Trump’s attempts to overturn Georgia’s election results, including a phone call he made to Secretary of State Brad Raffensperger in which Mr. Trump pressured him to “find” enough votes to help him reverse his loss.On Wednesday, Fani Willis, the recently elected Democratic prosecutor in Fulton County, sent a letter to numerous officials in state government, including Mr. Raffensperger, requesting that they preserve documents related to Mr. Trump’s call, according to a state official with knowledge of the letter. The letter explicitly stated that the request was part of a criminal investigation, said the official, who insisted on anonymity to discuss internal matters. The inquiry makes Georgia the second state after New York where Mr. Trump faces a criminal investigation. And it comes in a jurisdiction where potential jurors are unlikely to be hospitable to the former president; Fulton County encompasses most of Atlanta and overwhelmingly supported President Biden in the November election.The Fulton County investigation comes on the heels of a decision Monday by Mr. Raffensperger’s office to open an administrative inquiry. Ms. Willis has been weighing for several weeks whether to open an inquiry, after Mr. Trump’s phone call to Mr. Raffensperger on Jan. 2 alarmed election experts who call it an extraordinary intervention into a state’s electoral process.That call was one of several attempts Mr. Trump made to persuade top Republican officials in the state to uncover instances of voting fraud that might change the outcome. He also called Gov. Brian Kemp in early December and pressured him to call a special legislative session to overturn his election loss. Later that month, Mr. Trump called a state investigator and pressed the official to “find the fraud,” according to those with knowledge of the call.Former prosecutors said Mr. Trump’s calls might run afoul of at least three state laws. One is criminal solicitation to commit election fraud, which can be either a felony or a misdemeanor; as a felony, it is punishable by at least a year in prison. There is also a related conspiracy charge, which can be prosecuted either as a misdemeanor or a felony. A third law, a misdemeanor offense, bars “intentional interference” with another person’s “performance of election duties.”Mr. Biden’s victory in Georgia was reaffirmed after election officials recertified the state’s presidential election results in three separate counts of the ballots: the initial election tally; a hand recount ordered by the state; and another recount, which was requested by Mr. Trump’s campaign and completed by machines. The results of the machine recount show Mr. Biden won with a lead of about 12,000 votes.Mr. Biden was the first Democrat to win the presidential election in Georgia since 1992. Mr. Trump accused Gov. Brian Kemp and Mr. Raffensperger, both Republicans, of not doing enough to help him overturn the result in the weeks after the election. Mr. Kemp and Mr. Raffensberger had each resisted numerous attacks from Mr. Trump who called the governor “hapless” and he called on the secretary of state to resign.The Georgia investigation comes as Mr. Trump is also facing an ongoing criminal fraud inquiry into his finances by the Manhattan district attorney, Cyrus R. Vance Jr., and a civil fraud inquiry by the New York attorney general, Letitia James. The mere beginning of an investigation into the polarizing former president could be a career-defining moment for Ms. Willis, who took office in January. She is the first African-American woman to hold the job in Georgia’s most populous county, and has already faced some daunting challenges: Atlanta is coming off a year with a high number of homicides, and Ms. Willis has promised an ambitious set of changes to the office, as well as a review of her predecessor’s controversial handling of the police shooting of a Black man, Rayshard Brooks, in June.If Mr. Trump were to be convicted of a state crime in New York or Georgia, a federal pardon would not be applicable. In Georgia, Mr. Trump cannot look to Gov. Brian Kemp, a Republican, for a state pardon, and not just because the two have a fractured relationship. In Georgia, pardons are granted only by the state board of pardons and paroles.AdvertisementContinue reading the main story More

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    How Long Can Democracy Survive QAnon and Its Allies?

    AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyHow Long Can Democracy Survive QAnon and Its Allies?Politicians and political scientists wonder if there are electoral reforms that might blunt the lunacy.Mr. Edsall contributes a weekly column from Washington, D.C. on politics, demographics and inequality.Feb. 10, 2021Credit…Shannon Stapleton/ReutersHas a bloc of voters emerged that is not only alien to the American system of governance but toxic to it?“The central weakness of our political system now is the Republican Party,” Daniel Ziblatt, a political scientist at Harvard, said in an interview with Vox on Jan. 13, a week after the storming of the Capitol.“The American Republican Party looks like a European far-right party,” Ziblatt continued. “But the big difference between the U.S. and a lot of these European countries is that the U.S. only has two parties and one of them is like a European far-right party. If the G.O.P. only controlled 20 percent of the legislature, like you see in a lot of European countries, this would be far less problematic — but they basically control half of it.”A central question, then, is how distant from the rest of the American electorate the voters who align themselves with the radical wing of the Republican Party are.Rachel M. Blum and Christopher Sebastian Parker, political scientists at the Universities of Oklahoma and Washington, conducted a two-wave panel study of the MAGA movement in late December 2020 and the second half of January 2021 that was designed to answer this question and others.They found that “at least 60 percent of them are white, Christian and male. Further, around half are retired, over 65 years of age, and earn at least $50K per year. Finally, roughly 30 percent have at least a college degree.” More than 50 percent were born at a time of white hegemony, before the civil rights and women’s rights movements and the sexual revolution.Overwhelming majorities of the 1,431 MAGA supporters surveyed by Blum and Parker — from 80 to 99 percent — said they were concerned that “real Americans are losing freedoms”; “our lives are controlled by secret plots”; “unknown actors make the big decisions” and “forces are changing our country for the worse.”These MAGA supporters, who were recruited after signaling sympathy for the movement on Facebook, were rock-solid Republicans, Blum and Parker found, voting at or near 100 percent for the party’s House and Senate candidates in 2018 and 2020, and for Trump last year. They are far more engaged in politics — contributing money, going to meetings and volunteering — than the average American. “By any metric, this group appears committed to the political process,” Blum and Parker wrote.Not only are these voters partisan, the authors note, but “when we asked our respondents about whether or not they agreed with Trump’s fraud claims, 98 percent believed them valid.”Blum and Parker cited a Pew Research Center survey that found “75 percent of Americans believe that Trump bears at least some responsibility” for the Jan. 6 mob attack on Congress. Among all Republicans, “this figure declines significantly to 52 percent.”Blum and Parker also asked MAGA supporters whether Trump “bears responsibility for the Capitol riot.” They found that “barely 30 percent of these respondents believe Trump bears any responsibility whatsoever,” and, of those, more than half said Trump bears “a little” responsibility.In contrast, they wrote, “roughly 95 percent of MAGA supporters believe Antifa — the left wing protest group — bears some responsibility for the riots,” with more than 85 percent agreeing that Antifa bears “a great deal” or “a lot” of responsibility.Along similar lines, a Washington Post/ABC News survey taken Jan. 10-13 demonstrated how the views of a majority of Republicans stand far apart from the views of a majority of Americans.Asked if Trump has acted “responsibly” or “irresponsibly” since the Nov. 3 election, the 1002 adults polled chose “irresponsibly” by 66-30. Republicans, in contrast, chose “responsibly” by 66-29.Are Trump’s claims of election fraud “based on solid evidence?” All adults: 62 percent no, 31 percent yes. Republicans: 25 no, 65 yes.Should Trump be “charged with the crime of inciting a riot?” All adults: yes 54, no 43. Republicans: yes 12, no 84.What the panel studies and the Post survey suggest is that a majority of Republicans, primarily Trump loyalists and MAGA supporters, have evolved, as a core component of their conspiracy theories, a coded or a cryptic language — a set of symbols, or an almost occult “cipher,” revolving around something like a secret cabal. “We are Q,” read one sign at the event in Florida. “Where Go One We Go All,” read another, which is the QAnon movement’s revealing motto.Using their accusations almost as a lingua franca, a way to identify the like-minded, MAGA partisans and followers of QAnon signal one another by alleging that pedophile rings seek to wrest control of government or by alleging that school shootings were staged by leftists to win passage of gun control. They evoke a world in which unknown forces pull the levers of government, where nothing is as it seems to be. Professing your belief in claims like these attests to MAGA loyalties while expressing — in an arcane, politicized shorthand — your fervent opposition to liberalism and racial and cultural change.At the extreme, these conspiratorial views can lead to the violence and sedition of Jan. 6, which gives immediacy to the question of whether there are electoral reforms that might blunt the impact of this lunacy.Are you close to someone who has fallen for conspiracy theories? Share your story.

    Several political scholars and strategists argue that the fault lies in our political system, that the unique way America has combined its government structure with the mechanics of its elections serves to exacerbate conflict in a deeply polarized country. These scholars have produced a variety of proposals, many involving the creation of multi-member congressional districts and the encouragement of proportional representation to replace the current single district, winner-take-all system.Lee Drutman, author of “The Two-Party Doom Loop: The Case for Multi-Party Democracy in America” and a senior fellow at New America, is a leading proponent of proportional representation.In an email, Drutman contended that “a big consequence” of the reforms he and others are calling foris that the MAGA wing would be cut loose from the rest of the G.O.P. coalition and left to operate on its own. It’s certainly conceivable that there could be even a few more Marjorie Taylor Greenes and Lauren Boeberts elected, but proportional representation (PR) would also mean more Adam Kinzingers (a House Republican who is a critic of Trump) and Romney-type Republicans elected as well.Drutman wrote that he has “come to realize how much of an existential threat the current Republican Party is to the continuation of America democracy.” A two-party democracy cannot survive “for very long if one of two dominant parties gives up on the foundational institution of democracy: free and fair elections, in which all votes count equally.”In addition, Drutman wrote,I’ve also come to appreciate how much democracy depends on a conservative party that believes in democracy, and thus how important it is to create electoral institutions in this moment that will allow the currently-marginalized small “l” liberal Republicans to separate from the MAGA wing of the party and still win some representation in the Congress.Proportional representation, he argued “is the only way to break up the current Republican coalition and free the pro-democracy forces within the Republican Party to compete on their own.”What kind of parties would likely emerge under proportional representation? Drutman pointed to a separate 2019 survey by Echelon Insights, a survey research firm, that asked voters “Suppose the Democratic and Republican Parties were replaced by a new set of political parties. Which of these parties would you be most likely to support?”The firm gave respondents five choices,A nationalist-right party promising to “stop illegal immigration, put America First, stand up to political correctness” attracted 19 percent.A traditional-right party, committed to “defend the American system of free enterprise, promote traditional family,” won 21 percent.A culturally liberal and globalist party with a platform committed to “advance social progress including women’s rights and LGBTQ rights, to work with other countries through free trade and diplomacy, to cut the deficit, and reform capitalism with sensible regulation” gathered 12 percent.A center-left party committed to putting “the middle class first, pass universal health insurance, strengthen labor unions, and raise taxes on the wealthy to support programs for those less well off” amassed 28 percent.A green party with a platform calling for passage of “a Green New Deal to build a carbon-free economy with jobs for all, break up big corporations, end systemic inequality, and promote social and economic justice” picked up 10 percent.Credit…Chip Somodevilla/Getty ImagesRepresentative Don Beyer, Democrat of Virginia, plans to reintroduce The Fair Representation Act, which would, if enacted, put into place many of the reforms Drutman supports. Beyer wrote on his website that the measurewould move U.S. House elections into multi-member districts drawn by independent redistricting commissions and elected through ranked choice voting. The multi-member districts would be effective in states apportioned six or more seats in the House, and would elect three to five Representatives each, depending on the size of the state. Taken together, these three measures would incentivize congressional candidates to appeal to a broader range of voters.Drutman has received both support and criticism from specialists in elections.Gretchen Helmke, a political scientist at the University of Rochester, wrote that Bright Line Watch — a group of political scientists that conducts surveys of experts and the general public — found that there wasquite strong support among political scientists for the proposal to repeal the 1967 law mandating single member districts for the House so that states have the option to use multi-member districts on the condition that they adopt a nonwinner-take-all election model. Of the more than 500 expert respondents, 73 percent either moderately or strongly supported the proposal.Helmke noted thatMy own view has been really shaped by Lee Drutman’s excellent work on this. I agree with the general critique of the median voter theorem, which has been misinterpreted to mean that two parties automatically converge toward the middle of the ideological spectrum. Obviously, we can see that this hasn’t been true for American politics for several decades.Lilliana Mason, a political scientist at the University of Maryland, praises Drutman — “the real expert on this right now” — and noted that “if it were possible, I do think such a shift would decrease polarization because it would eliminate the zero-sum nature of American politics.”In addition, Mason pointed out thatIt shouldn’t be overlooked that a PR system would also inevitably create some version of an explicitly white nationalist party. The big question is how many members of the current G.O.P. would join/vote for that party?Brendan Nyhan, a political scientist at Dartmouth, wrote in reply to my inquiry: “I’m convinced by Lee Drutman’s argument in his Two Party Doom Loop book that we should move in this direction.”Pippa Norris, a political scientist at Harvard who examined different levels of dissatisfaction in democratic countries in “Is Western Democracy Backsliding?” finds evidence supportive of Drutman’s argument:Parliamentary democracies with PR elections and stable multiparty coalition governments, typical of the Nordic region, generate a broader consensus about welfare policies addressing inequality, exclusion, and social justice, and this avoids the adversarial winner-take-all divisive politics and social inequality more characteristic of majoritarian systems.Jennifer McCoy, a political scientist at Georgia State University, proposed a set of reforms similar, but not identical, to those of Drutman and Beyer:I would prefer ranked-choice voting with some multi-member districts for state and national legislatures, and proportional representation (by state popular vote, not by Congressional district which are already gerrymandered) for the Electoral College.” These, she wrote, “could all be accomplished with just legislative change, no constitutional amendments.Along similar lines, Jennifer Victor, a political scientist at George Mason University, emailed to say that she doubts proportional representation could be enacted in this country, butThere are a number of reforms being talked about among activists, reformers, political scientists, and other ‘thought leaders’ that are both feasible and would move the US toward a system that approximates a PR system.Victor shares the view that Congress could repeal the law mandating single winner-take-all congressional districts to allow larger, multi-member districts coupled withranked choice voting and expanding the size of the House. These reforms can be accomplished locally, or by changes in federal law and would fundamentally change the way Congress works — in ways that are both good and bad, but where the positives outweigh the negatives.Victor also acknowledges that such a system would allow “the most extreme anti-democratic forces now present in U.S. politics to be institutionalized.” But, she continued, “that faction has always been there, even when we pretended it was gone. At least under a multiparty system it would be contained and perhaps minimized.”There is no guarantee, she notes, but it is possible thatBy creating institutions that give anti-democratic factions legitimacy, they can be controlled and marginalized, rather than pretending they don’t exist and allowing them to overcome the dominant systems.Other political experts question the effectiveness, feasibility and benefits of multi-member districts and proportional representation.Stephen Ansolabehere, a political scientist at Harvard, said by email that “a PR system would be political suicide for the parties.” Why, he asked, “would either party — let alone both — want to change?”This idea, Ansolabehere, “is not going anywhere. Good armchair speculation but it has no political support.”Bruce Cain, a political scientist at Stanford, raised another set of issues:The first question to ask when considering a reform proposal is what problem are you trying to solve? If you are interested in making it easier for the center left and center right to enter into a governing coalition, then PR might be the solution.But, he continued,It would come at a cost: more government instability as potential coalition allies jockey over cabinet posts, a particular issue or a budget item. It would also give the far ends of the political spectrum continuous formal representation in the political system. The Trumps could more easily realize their goal of becoming the Le Pens of America.More important, Cain argues,If the reform goal is to end polarization and limit populism, institutional tinkering is probably not the answer: the roots of these problems lie more deeply in economic, racial and cultural divisions exacerbated by social media, globalization and automation.The very fact that there is considerable disagreement within the ranks of political scientists, a center-left constituency, suggests that prospects for major reforms of the election system by Congress are not good.The key question is whether the formation of an angry and virulently discontent base of MAGA voters in the Republican Party — spreading obscurantist, cultish pseudo-politics — will push the long-term problems of polarization past a tipping point, threatening even more dangerous levels of disruption to the political system.If growing numbers of citizens and elected officials reach that conclusion, the odds could change, as more voters and politicians join John Carey, a political scientist at Dartmouth, in the view thatThe MAGA wing would certainly win representation if we moved to multiple-winner elections. Of course, they win a lot already — and arguably hold some Republican legislators who might prefer to move toward the center hostage via primary threats. The bet on multi-winner is that the relative gains of moderates would outstrip those of extremists. It’s a bet I’d make, but still a bet.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.AdvertisementContinue reading the main story More

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    The Daily: A Guide to Donald Trump’s Impeachment Trial

    #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storyThe DailySubscribe:Apple PodcastsGoogle PodcastsA Guide to the (Latest) Impeachment TrialAs the Senate prepares to hear the case against Donald Trump, here’s what to expect from the prosecution and the defense.Hosted by Michael Barbaro; produced by Robert Jimison, Asthaa Chaturvedi, Luke Vander Ploeg, Alexandra Leigh Young and Sydney Harper; edited by Paige Cowett and Lisa Tobin; and engineered by Chris Wood.More episodes ofThe DailyFebruary 9, 2021  •  More

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    Fox Files Motion to Dismiss Smartmatic’s $2.7 Billion Lawsuit

    AdvertisementContinue reading the main storySupported byContinue reading the main storyFox Files Motion to Dismiss Smartmatic’s $2.7 Billion Defamation SuitIn a court filing, Rupert Murdoch’s media company says it had the right to broadcast the debunked claims of election fraud promoted by President Donald Trump’s legal team on Fox News and Fox Business.The Manhattan headquarters for Rupert Murdoch’s American media companies Fox Corporation, home of Fox News and Fox Business, and News Corp.Credit…Drew Angerer/Getty ImagesMichael M. Grynbaum and Feb. 8, 2021Rupert Murdoch’s Fox Corporation on Monday filed a motion to dismiss the $2.7 billion defamation lawsuit brought against it last week by the election technology company Smartmatic, which has accused Mr. Murdoch’s cable networks and three Fox anchors of spreading falsehoods that the company tried to rig the presidential race against Donald J. Trump.The lawsuit has roiled right-wing news media outlets whose star personalities repeatedly cast doubt on Joseph R. Biden Jr.’s victory in the wake of the election and raised the specter of a significant financial penalty for Fox. On Friday, the day after the lawsuit was filed, Fox canceled the nightly Fox Business program hosted by Lou Dobbs, who is named in the suit along with the Fox anchors Maria Bartiromo and Jeanine Pirro.In its 44-page response filed in New York State Supreme Court, Fox argues that the claims of electoral fraud made on its channels by Mr. Trump’s lawyers — including Rudolph W. Giuliani and Sidney Powell, who are also named in the defamation suit — were matters of significant interest to viewers and handled fairly.“This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern,” Fox says in the motion, adding, “An attempt by a sitting president to challenge the result of an election is objectively newsworthy.”Paul D. Clement, a partner in the Washington office of the law firm Kirkland & Ellis who served as solicitor general under President George W. Bush, is leading Fox’s defense. “Smartmatic’s theory is fundamentally incompatible with the reality of the modern news network and deeply rooted principles of free speech law,” Mr. Clement said in a statement.A spokesman for Smartmatic did not immediately reply to a request for comment.“It’s a strong move on their part to try to come out and dismiss the claim,” said Timothy Zick, a professor at William & Mary Law School who specializes in First Amendment law.Mr. Zick said that Fox was making use of the concept of “neutral reportage,” arguing that it could not be sued for defamation while covering the news. “They’re arguing that shields Fox News as an organization for simply reporting on the controversy, which is a matter of public interest,” he said.A key to Fox’s defense is the argument that it cannot be held responsible for statements made on its programs by Mr. Giuliani and Ms. Powell, given their roles as Mr. Trump’s legal representatives.“The public had a right to know, and Fox had a right to cover, that the president and his allies were accusing Smartmatic (and others) of manipulating the election results, regardless of the ultimate truth or accuracy of those allegations,” the motion reads. It also asserts that Smartmatic’s suit does not identify defamatory statements by television hosts employed by Mr. Murdoch’s company.Fox also argues that Smartmatic should be considered a public figure. That argument, which is likely to be contested by the tech company, means that Smartmatic must meet a high bar to prove that it was defamed: demonstrating that the defendants knew their statements were false, or at least had serious doubts about them.Smartmatic’s 276-page lawsuit alleges that Mr. Trump’s lawyers used Fox’s platform, and its sympathetic anchors, to spin conspiracies about the company that damaged its reputation and commercial prospects. The suit has been applauded by those seeking to curb the flow of disinformation from right-wing news outlets, but it has also raised questions about the limits of speech in a changing media landscape.Fox’s argument in its motion — that it provided a forum for newsworthy interviews — may cut into the conceptual heart of Smartmatic’s case, which groups Fox, its hosts and their guests as defendants who collaborated to spread falsehoods.The defamation lawsuit cites exchanges on Fox programs that, Smartmatic said, helped spread the false claim that it was the owner of a rival election tech company, Dominion Voting System, and that it provided its services to districts in multiple contested states. In fact, Smartmatic was used in the 2020 election only by Los Angeles County.And Smartmatic offers vivid examples of Fox programming that spread bizarre falsehoods, like a claim by Ms. Powell made on Mr. Dobbs’s show that the former president of Venezuela, Hugo Chávez, had assisted the company in creating software that could covertly alter votes. (Mr. Chávez died in 2013 and had nothing to do with Smartmatic.)In other exchanges cited by Smartmatic, Fox anchors alternately expressed support and astonishment as Mr. Giuliani and Ms. Powell spun out their claims. In one case, a phrase used by Ms. Powell — “cyber Pearl Harbor” — was later invoked by Mr. Dobbs on his show and on social media.Fox’s response on Monday included a 14-page appendix under the title “Fox’s Evenhanded Coverage of Smartmatic,” documenting instances from Fox News and Fox Business that the company believes showed skepticism toward the Trump team’s claims.Among the examples are three identical, pretaped fact-checking segments that ran in mid-December on programs hosted by Ms. Bartiromo, Mr. Dobbs and Ms. Pirro and that featured Eddie Perez, an election expert who debunked a number of false claims about Smartmatic.The segments were broadcast after Smartmatic sent a letter to Fox demanding retractions and threatening legal action.AdvertisementContinue reading the main story More

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    Trump Isn’t the Only One on Trial. The Conservative Media Is, Too.

    #masthead-section-label, #masthead-bar-one { display: none }Capitol Riot FalloutTracking the ArrestsVisual TimelineInside the SiegeMurder Charges?The Oath KeepersAdvertisementContinue reading the main storySupported byContinue reading the main storyOn PoliticsTrump Isn’t the Only One on Trial. The Conservative Media Is, Too.The former president’s second impeachment trial begins oral arguments on Tuesday. But conservative media organizations face an even more consequential test in the weeks and months ahead.Outside the Fox News headquarters in New York on the day of President Biden’s inauguration. The network and other conservative outlets have faced lawsuits over false claims about the election.Credit…Carlo Allegri/ReutersFeb. 8, 2021Updated 9:47 p.m. ETWith the Senate’s impeachment trial starting oral arguments on Tuesday, Donald Trump now faces the possibility of real consequences for his role in inciting the Capitol siege of Jan. 6.But the apparatus that fed him much of his power — the conservative news media — is facing a test of its own. This might ultimately have a much bigger impact on the future of American politics than anything that happens to Mr. Trump as an individual.In recent weeks, two voting-technology companies have each filed 10-figure lawsuits against Mr. Trump’s lawyers and his allies in the media, claiming they spread falsehoods that did tangible harm. This comes amid an already-raging debate over whether to reform Section 230 of the Communications Decency Act, which prevents online companies from being held liable for the views expressed on their platforms.“The greatest consequence of the Trump presidency has been the weaponizing of disinformation and parallel dismantling of trust in the media,” Mark McKinnon, a longtime political strategist and co-host of the Showtime political series “The Circus,” told me in an email.“Unfortunately, it took the perpetration of the big lie that the election was a fraud, an insurrection at the Capitol, and almost destroying our democracy for someone to finally take action. But it appears to be working,” Mr. McKinnon said. “Nothing like threatening the bottom line to get the desired attention.”On Thursday, the voting-machine company Smartmatic filed a $2.7 billion lawsuit against Fox News, some of its prominent hosts and two lawyers who represented Mr. Trump, Sidney Powell and Rudy Giuliani. The suit accuses them of mounting a campaign of defamation by claiming that Smartmatic had been involved in an effort to throw the election to Joe Biden. Fox News said in a statement that it was “committed to providing the full context of every story with in-depth reporting and clear opinion,” adding that “we are proud of our 2020 election coverage and will vigorously defend against this meritless lawsuit in court.”The Fox suit came on the heels of a similar $1.3 billion suit that Dominion Voting Systems brought against Mr. Giuliani the week before.The impact of both lawsuits was immediate. Newsmax, an ultraconservative TV station that has expanded its popularity by lining up to the right of Fox News, cut off an interview with the MyPillow founder Mike Lindell last week as he attacked Dominion — something that commentators had done on the station many times before. Then, over the weekend, Fox Business sidelined Lou Dobbs, one of Mr. Trump’s fiercest TV news defenders and a defendant named in the Smartmatic lawsuit.Jonathan Peters, a media law professor at the University of Georgia, said that unlike many libel lawsuits, the Dominion and Smartmatic cases do not appear to be publicity stunts; they have a firm legal basis.“In recent years it has been a boom time for nuisance claims against media organizations,” Dr. Peters said, citing lawsuits brought against traditional news media by Trump allies like Representative Devin Nunes and Joe Arpaio. “The language at issue in the Dominion and Smartmatic litigation has involved statements of fact that would be provably false,” he added. “The language at issue is not necessarily opinion, hyperbole or some other form of invective.”Because the suits seem to be serious, Dr. Peters said, “this is a corrective for companies and individuals being sued — and for those not being sued it is a shot across the bow.”But in a media landscape permanently altered by polarization, and by Mr. Trump’s indifference to facts, Fox News and other conservative broadcasters face significant competition from popular YouTubers and Twitter users, who have much more leeway to express potentially harmful views.Angelo Carusone, the president of Media Matters, a left-leaning group, said this leaves Fox News fighting a two-front war.“They’re getting attacked by their own people,” he said. “If you’re a conservative channel or host, you need to pick away at Fox News.”.css-1xzcza9{list-style-type:disc;padding-inline-start:1em;}.css-c7gg1r{font-family:nyt-franklin,helvetica,arial,sans-serif;font-weight:700;font-size:0.875rem;line-height:0.875rem;margin-bottom:15px;color:#121212 !important;}@media (min-width:740px){.css-c7gg1r{font-size:0.9375rem;line-height:0.9375rem;}}.css-rqynmc{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.9375rem;line-height:1.25rem;color:#333;margin-bottom:0.78125rem;}@media 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:not(:first-child){margin-left:5px;}.css-5gimkt{font-family:nyt-franklin,helvetica,arial,sans-serif;font-size:0.8125rem;font-weight:700;-webkit-letter-spacing:0.03em;-moz-letter-spacing:0.03em;-ms-letter-spacing:0.03em;letter-spacing:0.03em;text-transform:uppercase;color:#333;}.css-5gimkt:after{content:’Collapse’;}.css-rdoyk0{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;-webkit-transform:rotate(180deg);-ms-transform:rotate(180deg);transform:rotate(180deg);}.css-eb027h{max-height:5000px;-webkit-transition:max-height 0.5s ease;transition:max-height 0.5s ease;}.css-6mllg9{-webkit-transition:all 0.5s ease;transition:all 0.5s ease;position:relative;opacity:0;}.css-6mllg9:before{content:”;background-image:linear-gradient(180deg,transparent,#ffffff);background-image:-webkit-linear-gradient(270deg,rgba(255,255,255,0),#ffffff);height:80px;width:100%;position:absolute;bottom:0px;pointer-events:none;}#masthead-bar-one{display:none;}#masthead-bar-one{display:none;}.css-1amoy78{background-color:white;border:1px solid #e2e2e2;width:calc(100% – 40px);max-width:600px;margin:1.5rem auto 1.9rem;padding:15px;box-sizing:border-box;}@media (min-width:740px){.css-1amoy78{padding:20px;width:100%;}}.css-1amoy78:focus{outline:1px solid #e2e2e2;}.css-1amoy78[data-truncated] .css-rdoyk0{-webkit-transform:rotate(0deg);-ms-transform:rotate(0deg);transform:rotate(0deg);}.css-1amoy78[data-truncated] .css-eb027h{max-height:300px;overflow:hidden;-webkit-transition:none;transition:none;}.css-1amoy78[data-truncated] .css-5gimkt:after{content:’See more’;}.css-1amoy78[data-truncated] .css-6mllg9{opacity:1;}.css-k9atqk{margin:0 auto;overflow:hidden;}.css-k9atqk strong{font-weight:700;}.css-k9atqk em{font-style:italic;}.css-k9atqk a{color:#326891;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ccd9e3;}.css-k9atqk a:visited{color:#333;-webkit-text-decoration:none;text-decoration:none;border-bottom:1px solid #ddd;}.css-k9atqk a:hover{border-bottom:none;}Capitol Riot FalloutFrom Riot to ImpeachmentThe riot inside the U.S. Capitol on Wednesday, Jan. 6, followed a rally at which President Trump made an inflammatory speech to his supporters, questioning the results of the election. Here’s a look at what happened and the ongoing fallout:As this video shows, poor planning and a restive crowd encouraged by President Trump set the stage for the riot.A two hour period was crucial to turning the rally into the riot.Several Trump administration officials, including cabinet members Betsy DeVos and Elaine Chao, announced that they were stepping down as a result of the riot.Federal prosecutors have charged more than 70 people, including some who appeared in viral photos and videos of the riot. Officials expect to eventually charge hundreds of others.The House voted to impeach the president on charges of “inciting an insurrection” that led to the rampage by his supporters.Mr. Carusone pinpoints spring 2017 as a moment of symbolic transition. That’s when the Fox News host Sean Hannity began embracing a series of baseless claims tying Hillary Clinton to the death of a Democratic aide, claims that Mr. Trump had co-signed. “In August of 2016, Sean Hannity was chastising conservative media figures for promoting the Seth Rich conspiracy theories,” Mr. Carusone said. “And yet in May of 2017, Hannity is launching his own investigation into who in Hillary Clinton’s campaign murdered Seth Rich. There is no clearer moment of when they shifted their posture.”Mr. Carusone said that Mr. Hannity’s evolution was goaded by Mr. Trump’s ability to use social media to promote unproven, reckless arguments — and by social media companies’ ability to give him a platform without themselves facing repercussions for his speech, thanks to Section 230. “Trump increasingly was able to leapfrog Fox News, in terms of building a relationship to Fox News’s own audience,” he said. “So Fox News lost the keys to the gate.”But in the past month, Mr. Trump has lost his set of keys, too. He was kicked off Twitter and Facebook after the Capitol riot, and since leaving the White House he has been as quiet as a church mouse. In his absence, Fox News has begun to focus more on attacking Mr. Biden and other Democrats on the news of the day than on importing conspiracy theories from online.Going forward, Mr. Carusone said, “I think they’ll try to soften some of the content on the edges, and to lean heavier into the partisan attacks and less on the right-wing fever swamp fantasies and narratives.”Proponents of media reform say that this moment presents a once-in-a-generation opportunity to rethink government policy related to online speech in particular. Ellen Goodman, a Rutgers Law School professor who focuses on information policy, said that maintaining a healthy marketplace of ideas was crucial to democracy.“If this is a moment of radical, ‘Build Back Better’ adjustments, and a revival of the middle class, what would the democracy-building part of that look like?” she said. She proposed instituting taxes or regulations that would “make the surveillance-capitalism model less attractive,” preventing social media companies from microtargeting audiences in the interest of selling them products.Jonathan Zittrain, a Harvard Law School professor who studies digital media, sees a sea change coming. In the early decades of the internet, he said, most legal discussions were guided by a question of “rights,” particularly the right to free speech under the First Amendment. But in recent years, a new interest in what he called “the public health framework” has taken hold.“Misinformation and extremism — particularly extremism that’s tied to violence — can result in harm,” Mr. Zittrain said. “Given that there are compelling things in both the rights framework and the health framework, there’s going to be a balance struck.”On Politics is also available as a newsletter. Sign up here to get it delivered to your inbox.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.AdvertisementContinue reading the main story More

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    Georgia Officials Review Trump's Phone Call to Raffensperger

    #masthead-section-label, #masthead-bar-one { display: none }Campaign to Subvert the 2020 ElectionTrump’s RoleKey TakeawaysExtremist Wing of G.O.P.AdvertisementContinue reading the main storySupported byContinue reading the main storyGeorgia Officials Review Trump Phone Call as Scrutiny IntensifiesThe office of Georgia’s secretary of state, Brad Raffensperger, has initiated a fact-finding inquiry into Donald Trump’s January phone call to Mr. Raffensperger pressuring him to “find” votes.Former President Donald J. Trump boarding Air Force One on Jan. 12. He made several attempts to pressure top Republican officials in Georgia to help reverse the outcome of the election.Credit…Doug Mills/The New York TimesRichard Fausset and Feb. 8, 2021Updated 5:33 p.m. ETATLANTA — The office of Georgia’s secretary of state, Brad Raffensperger, on Monday started an investigation into former President Donald J. Trump’s attempts to overturn the state’s election results, including a phone call he made to Mr. Raffensperger in which Mr. Trump pressured him to “find” enough votes to reverse his loss.Such inquiries are “fact-finding and administrative in nature,” the secretary’s office said, and are a routine step when complaints are received about electoral matters. Findings are typically brought before the Republican-controlled state board of elections, which decides whether to refer them for prosecution to the state attorney general or another agency.The move comes as Fani Willis, the Democratic district attorney of Fulton County, which encompasses much of Atlanta, is weighing whether to begin a criminal inquiry of her own. A spokesman for Ms. Willis declined to comment on Monday.The January call was one of several attempts Mr. Trump made to try to persuade top Republican officials in the state to uncover instances of voting fraud that might change the outcome, despite the insistence of voting officials that there was no widespread fraud to be found. He also called Gov. Brian Kemp in early December and pressured him to call a special legislative session to overturn his election loss. Later that month, Mr. Trump called a state investigator and pressed the official to “find the fraud,” according to those with knowledge of the call.“The Secretary of State’s office investigates complaints it receives,” Walter Jones, a spokesman for the office, said in a statement on Monday. “The investigations are fact-finding and administrative in nature. Any further legal efforts will be left to the Attorney General.” David Worley, the sole Democrat on the state elections board, said Monday that administrative inquiries by the secretary of state’s office could result in criminal charges. “Any investigation of a statutory violation is a potential criminal investigation depending on the statute involved,” he said, adding that in the case of Mr. Trump, “The complaint that was received involved a criminal violation.” Mr. Worley said that now that an inquiry had been started by the secretary of state’s office, he would not introduce a motion at Wednesday’s state board of election meeting, as he had originally planned to do, in an effort to refer the case to the Fulton County district attorney’s office.Not long after the call to Mr. Raffensperger became public, several complaints were filed. One came from John F. Banzhaf III, a George Washington University law professor. Former prosecutors said Mr. Trump’s calls might run afoul of at least three state laws. One is criminal solicitation to commit election fraud, which can be either a felony or a misdemeanor; as a felony, it is punishable by at least a year in prison. There is also a related conspiracy charge, which can be prosecuted either as a misdemeanor or a felony. A third law, a misdemeanor offense, bars “intentional interference” with another person’s “performance of election duties.”Jason Miller, a senior adviser to Mr. Trump, said in a statement: “There was nothing improper or untoward about a scheduled call between President Trump, Secretary Raffensperger and lawyers on both sides. If Mr. Raffensperger didn’t want to receive calls about the election, he shouldn’t have run for secretary of state.” Mr. Biden’s victory in Georgia was reaffirmed after election officials recertified the state’s presidential election results in three separate counts of the ballots: the initial election tally; a hand recount ordered by the state; and another recount, which was requested by Mr. Trump’s campaign and completed by machines. The results of the machine recount show Mr. Biden won with a lead of about 12,000 votes.Mr. Biden was the first Democrat to win the presidential election in Georgia since 1992. Mr. Trump accused Mr. Kemp and Mr. Raffensperger, both Republicans, of not doing enough to help him overturn the result in the weeks after the election. Mr. Kemp and Mr. Raffensperger had each resisted numerous attacks from Mr. Trump, who called the governor “hapless” and called on the secretary of state to resign.Maggie Haberman More

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    Impeachment Case Against Trump Aims to Marshal Outrage of Capitol Attack

    #masthead-section-label, #masthead-bar-one { display: none }The Trump ImpeachmentWhere Each Senator StandsSchumer’s Balancing ActTrump ImpeachedHow the House VotedKey QuotesAdvertisementContinue reading the main storySupported byContinue reading the main storyImpeachment Case Aims to Marshal Outrage of Capitol Attack Against TrumpArmed with lessons from the last impeachment trial of Donald J. Trump, prosecutors plan a shorter, video-heavy presentation to confront Republicans with the fury they felt around the Capitol riot.The House impeachment managers, including Representative Jamie Raskin, center, meeting with Speaker Nancy Pelosi shortly before voting on whether to charge President Donald J. Trump with “incitement of insurrection.”Credit…Erin Schaff/The New York TimesFeb. 7, 2021Updated 8:09 p.m. ETWASHINGTON — When House impeachment managers prosecute former President Donald J. Trump this week for inciting the Capitol attack, they plan to mount a fast-paced, cinematic case aimed at rekindling the outrage lawmakers experienced on Jan. 6.Armed with lessons from Mr. Trump’s first impeachment trial, which even Democrats complained was repetitive and sometimes sanctimonious, the prosecutors managing his second are prepared to conclude in as little as a week, forgo distracting witness fights and rely heavily on video, according to six people working on the case.It would take 17 Republicans joining every Democrat to find Mr. Trump guilty, making conviction unlikely. But when the trial opens on Tuesday at the very scene of the invasion, the prosecutors will try to force senators who lived through the deadly rampage as they met to formalize President Biden’s election victory to reckon with the totality of Mr. Trump’s monthslong drive to overturn the election and his failure to call off the assault.“The story of the president’s actions is both riveting and horrifying,” Representative Jamie Raskin, Democrat of Maryland and the lead prosecutor, said in an interview. “We think that every American should be aware of what happened — that the reason he was impeached by the House and the reason he should be convicted and disqualified from holding future federal office is to make sure that such an attack on our democracy and Constitution never happens again.”Mr. Trump is unlikely to be convicted as 17 Republicans would need to join with every Democrat to reach the two-thirds majority that is needed to find him guilty.Credit…Anna Moneymaker for The New York TimesIn making Mr. Trump the first American president to be impeached twice, Democrats have essentially given themselves an unprecedented do-over. When Representative Adam B. Schiff, Democrat of California, was preparing to prosecute Mr. Trump the first time for a pressure campaign on Ukraine, he read the 605-page record of President Bill Clinton’s 1999 impeachment trial cover to cover, sending aides as many as 20 dispatches a day as he sought to modernize a proceeding that had happened only twice before.This time, a new group of nine Democratic managers need reach back only a year to study the lessons of Mr. Schiff’s prosecution: Don’t antagonize Republicans, use lots and lots of video and, above all, make succinct arguments to avoid lulling the jury of lawmakers into boredom or distraction.Mr. Trump’s lawyers have indicated that they once again intend to mount a largely technical defense, contending that the Senate “lacks jurisdiction” to judge a former president at all after he has left office because the Constitution does not explicitly say it can. Though many legal scholars and a majority of the Senate disagree, Republicans have flocked to the argument in droves as a justification for dismissing the case without weighing in on Mr. Trump’s conduct.But the lawyers, Bruce L. Castor Jr. and David Schoen, also plan to deny that Mr. Trump incited the violence at all or intended to interfere with Congress’s formalizing of Mr. Biden’s victory, asserting that his baseless claims that the election was “stolen” are protected by the First Amendment. And Mr. Castor told Fox News that he, too, would rely on video, possibly of unrest in American cities led by Democrats.The managers will try to rebut them as much with constitutional arguments as an overwhelming compendium of evidence. Mr. Raskin’s team has spent dozens of hours culling a deep trove of videos captured by the mob, Mr. Trump’s own unvarnished words and criminal pleas from rioters who said they acted at the former president’s behest.“The story of the president’s actions is both riveting and horrifying,” Mr. Raskin said in an interview. “We think that every American should be aware of what happened.”Credit…Erin Schaff/The New York TimesThe primary source material may replace live testimony. Trying to call new witnesses has been the subject of an extended debate by the managers, whose evidentiary record has several holes that White House or military officials could conceivably fill. At the last trial, Democrats made an unsuccessful push for witnesses a centerpiece of their case, but this time, many in the party say they are unnecessary to prove the charge and would simply cost Mr. Biden precious time to move his agenda without changing the outcome.“It’s not that there should not be witnesses; it’s just the practical realities of where we are with a former president,” said Daniel S. Goldman, a former House lawyer who worked on Mr. Trump’s first impeachment. “This is also something that we learned from the last trial: This is a political animal, and these witnesses are not going to move the needle.”Mr. Raskin and other managers declined to speak about strategy, but current and former officials familiar with the confidential preparations agreed to discuss them anonymously. The prosecutors’ almost complete silence in the run-up to the trial has been another departure from the strategy of Mr. Trump’s first impeachment, when Democrats set up a sizable communications war room in the Capitol and saturated the cable television airwaves in an all-out battle against Mr. Trump in the court of public opinion.They have largely left it to trusted allies like Mr. Schiff and Speaker Nancy Pelosi to publicly discuss their case and bat back criticism about why the House is pressing its case even now that Mr. Trump is out of office.“If we were not to follow up with this, we might as well remove any penalty from the Constitution of impeachment — just take it out,” Ms. Pelosi told reporters who questioned why Democrats would consume so much of Congress’s time with a former president.Key questions about the scope and shape of the trial remain unsettled. Senators spent the weekend haggling over the precise structure and rules of the proceeding, the first time in American history a former president will be put on trial.Prosecutors and Mr. Trump’s defense lawyers expected to have at least 12 hours each to make their case. Mr. Raskin, a former constitutional law professor, has been coaching his colleagues in daily meetings to aggressively winnow down their arguments, cling to narrative where possible and integrate them with the visual aids they plan to display on TVs in the Senate chamber and on screens across the country.Behind the scenes, Democrats are relying on many of the same lawyers and aides who helped assemble the 2020 case, including Susanne Sachsman Grooms from the House Oversight and Reform Committee, and Aaron Hiller, Arya Hariharan, Sarah Istel and Amy Rutkin from the Judiciary Committee. The House also temporarily called back Barry H. Berke, a seasoned New York defense lawyer, to serve as chief counsel and Joshua Matz, a constitutional expert.Barry H. Berke, left, who is serving as chief counsel in the House’s impeachment case, conferring with Mr. Raskin.Credit…Erin Schaff/The New York TimesMr. Schiff said his team had tried to produce an “HBO mini-series” featuring clips of witness testimony to bring to life the esoteric plot about Mr. Trump’s pressure campaign on Ukraine. Mr. Raskin’s may appear more like a blockbuster action film.“The more you document all the tragic events leading up to that day and the president’s misconduct on that day and the president’s reaction while people were being attacked that day, the more and more difficult you make it for any senator to hide behind those false constitutional fig leaves,” said Mr. Schiff, who has informally advised the managers.To assemble the presentation, Mr. Raskin’s team has turned to the same outside firm that helped put together Mr. Schiff’s multimedia display. But Mr. Raskin is working with vastly richer material to tell a monthslong story of how he and his colleagues believe Mr. Trump seeded, gathered and provoked a mob to try to overturn his defeat.There are clips and tweets of Mr. Trump from last summer, warning he would only lose if the election was “rigged” against him; clips and tweets of him claiming victory after his loss; and clips and tweets of state officials coming to the White House as he sought to “stop the steal.” There is audio of a call in which Mr. Trump pressured Georgia’s secretary of state to “find” the votes needed to reverse Mr. Biden’s victory there; as well as presidential tweets and accounts by sympathetic lawmakers who say that once those efforts failed, Mr. Trump decisively turned his attention to the Jan. 6 meeting of Congress for one last stand.At the center is footage of Mr. Trump, speaking outside the White House hours before the mob overtook the police and invaded the Capitol building. The managers’ pretrial brief suggests they are planning to juxtapose footage of Mr. Trump urging his supporters to “fight like hell” and march to the Capitol and confront Congress with videos posted from members of the crowd who can be heard processing his words in real time.The managers are working with material to tell a monthslong story of how they believe Mr. Trump seeded, assembled and provoked a mob of loyalists to try to overturn his loss.Credit…Jason Andrew for The New York Times“Even with this trial, where senators themselves were witnesses, it’s very important to tell the whole story,” Mr. Schiff said. “This is not about a single day; it is about a course of conduct by a president to use his office to interfere with the peaceful transfer of power.”But the proximity could also create complications. Several people familiar with the preparations said the managers were wary of saying anything that might implicate Republican lawmakers who echoed or entertained the president’s baseless claims of election fraud. To have any chance of making an effective case, the managers believe, they must make clear it is Mr. Trump who is on trial, not his party.AdvertisementContinue reading the main story More