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    Sidney Powell Seeks Distance From Trump Ahead of Georgia Trial

    Ms. Powell, a lawyer who promoted conspiracy theories about election fraud after Donald J. Trump’s 2020 defeat, now says she never represented him or his campaign.Few defenders of Donald J. Trump promoted election fraud theories after his 2020 defeat as stridently as Sidney K. Powell. In high-profile appearances, often alongside other members of the Trump legal team, she pushed conspiracies involving Venezuela, Cuba and China, as well as George Soros, Hugo Chávez and the Clintons, while baselessly claiming that voting machines had flipped millions of votes.But now Ms. Powell, who next week will be one of the first defendants to go to trial in the Georgia racketeering case against Mr. Trump and 17 of his allies, is claiming through her lawyer that she actually “did not represent President Trump or the Trump campaign” after the election.That claim is undercut by Ms. Powell’s own past words, as well as those of Mr. Trump — and there is ample video evidence of her taking part in news conferences, including one where Rudolph W. Giuliani, then Mr. Trump’s personal lawyer, introduced her as one of “the senior lawyers” representing Mr. Trump and his campaign.Most of the Georgia charges against Ms. Powell relate to her role in a data breach at an elections office in rural Coffee County, Ga. There, on the day after the Jan. 6 riots, Trump allies copied sensitive and proprietary software used in voting machines throughout the state in a fruitless hunt for ballot fraud.At a recent court hearing, Ms. Powell’s lawyer, Brian T. Rafferty, said that his client “had nothing to do with Coffee County.”But a number of documents suggest otherwise, including a 392-page file put together by the Georgia Bureau of Investigation that was obtained by The New York Times. The file, a product of the agency’s investigation into the data breach, has been turned over to Georgia’s attorney general, Chris Carr, a Republican.It is not clear that Mr. Carr will take any action, given that Fulton County’s district attorney, Fani T. Willis, has already brought racketeering charges against Ms. Powell, Mr. Trump and 17 others. The Fulton indictment accuses them of participating in a “criminal organization” with the goal of subverting Georgia’s election results.Brian Rafferty, a lawyer representing Ms. Powell, spoke during a hearing this week.Pool photo by Alyssa PointerJury selection in Ms. Powell’s trial and that of Kenneth Chesebro, a legal architect of the plan to deploy fake electors for Mr. Trump in Georgia and other swing states, starts on Monday. Ms. Powell and Mr. Chesebro demanded a speedy trial, their right under Georgia law, while Mr. Trump and most other defendants are likely to be tried much later.Ms. Powell’s vow during a Fox Business Network appearance in 2020 to “release the kraken,” or a trove of phantom evidence proving that Mr. Trump had won, went viral after the election, though the trove never materialized. The next year, after Dominion Voting Systems sued her and a number of others for defamation, Ms. Powell’s lawyers argued that “no reasonable person would conclude” that some of her wilder statements “were truly statements of fact.”That led the office of Brad Raffensperger, Georgia’s Republican secretary of state, to crow that “The Kraken Cracks Under Pressure,” and precipitated a spoof of Ms. Powell on Saturday Night Live.Not all are convinced that her conduct veered into criminality.“You have to separate crazy theories from criminal conspiracies,” said Harvey Silverglate, a Boston-area lawyer and civil liberties advocate who has a unique perspective: He is representing John Eastman, another lawyer-defendant in the case, and is a co-author of a 2019 book with Ms. Powell that looked at prosecutorial overreach.“That’s the big dividing line in this whole prosecution — what is criminal and what is wacky, or clearly erroneous or overreaching,” Mr. Silverglate said.Ms. Powell, he added, is “in a tougher position” than his own client, because the accusations against her go beyond the notion that she merely gave legal advice to the Trump campaign as it sought to overturn Mr. Biden’s win. But Mr. Silverglate also said he didn’t think prosecutors would win any convictions in the Georgia case or the three other criminal cases against Mr. Trump in New York, Florida and Washington, given how politicized the trials will be.“I think in any jurisdiction — even Washington, D.C. — you will have at least one holdout,” he said.Ms. Powell is a North Carolina native and a onetime Democrat who spent a decade as a federal prosecutor in Texas and Virginia before establishing her own defense practice. In 2014, she wrote a book, “Licensed to Lie: Exposing Corruption in the Department of Justice.” She billed it as an exposé of a department riddled with prosecutors who used “strong-arm, illegal, and unethical tactics” in their “narcissistic pursuit of power.”Ms. Powell appeared on Mr. Trump’s radar when she represented his national security adviser, Michael Flynn, who in 2017 pleaded guilty to lying to federal investigators about his contacts with Russia’s ambassador to the United States during the presidential transition. He later tried to withdraw the plea.Ms. Powell, appearing on Fox News, argued that the case should never have been brought and that the F.B.I. and prosecutors “broke all the rules.” Mr. Trump would go on to pardon Mr. Flynn a few weeks after losing the 2020 election.On election night itself, Ms. Powell was at the White House watching the returns come in, according to her testimony to House investigators. When they asked what her relationship with Mr. Trump had been, she declined to answer, she said, because of “attorney-client privilege.”By Nov. 14, Mr. Trump, in a tweet, specifically referred to Ms. Powell as a member of his “truly great team.” Ms. Powell’s lawyer has pointed out that she was not paid by the Trump campaign. But the Trump connection helped her raise millions of dollars for Defending the Republic, her nonprofit group that is dedicated in part to fighting election fraud.Around that time, Ms. Powell, Mr. Flynn and other conspiracy-minded Trump supporters began meeting at a South Carolina plantation owned by L. Lin Wood, a well-known plaintiff’s attorney. According to the Georgia Bureau of Investigation file, it was decided there that an Atlanta-based technology firm, SullivanStrickler, “would be used to capture forensic images from voting machines across the nation to support litigation” and that “Powell funded SullivanStrickler’s efforts.”By late November, the Trump team grew exasperated with Ms. Powell’s wild claims and publicly cut ties. But the schism was short-lived; she would make several trips to the White House in the weeks that followed.On Dec. 18, Ms. Powell attended a heated Oval Office meeting with Mr. Trump and Mr. Giuliani that the Georgia indictment lists as an “overt act” in furtherance of the election interference conspiracy. According to the Georgia indictment, they discussed “seizing voting machines” as well as possibly naming Ms. Powell a special counsel to investigate allegations of voter fraud, though the appointment was never made.Sidney Powell appeared on a screen during a July 2022 hearing of the House committee investigating the Jan. 6 attacks.Doug Mills/The New York TimesOn Jan. 7, a number of Trump allies, along with SullivanStrickler employees, traveled to Coffee County. “We scanned every freaking ballot,” Scott Hall, a Georgia bail bondsman who made the trip, recalled in a recorded phone conversation at the time. He pleaded guilty to five misdemeanors last month and agreed to cooperate with prosecutors.Misty Hampton, a defendant in the racketeering case who was the Coffee County elections administrator, welcomed the Trump-aligned team into the building. But the Georgia Bureau of Investigation file makes clear that the county election board did not officially approve the visit and that local officials lacked authority over the voting equipment. (Ms. Hampton, Ms. Powell and other Fulton County defendants are among the subjects of the state investigation listed in the G.B.I. file, as is Katherine Friess, a lawyer who worked with Mr. Giuliani after the election.)While SullivanStrickler didn’t deal exclusively with Ms. Powell, a number of the firm’s employees have asserted that Ms. Powell was the client for its work copying the Coffee County election data, according to the G.B.I. investigation.“The defense’s stance that Sidney Powell was not aware of the Coffee County breaches is preposterous,” said Marilyn Marks, executive director of the Coalition for Good Governance, a plaintiff in civil litigation over Georgia’s voting security that unearthed much of what happened in Coffee County.According to the racketeering indictment, the data copied that day included “ballot images, voting equipment software and personal voter information.” SullivanStrickler invoiced Ms. Powell more than $26,000 for its work, and her organization, Defending the Republic, paid the bill.Mr. Raffensperger, the secretary of state, subsequently replaced Coffee County’s voting machines and said that “the unauthorized access to the equipment” had violated Georgia law. 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    Conservative Election Activists Use Virginia as a Dry Run for 2024

    Inspired in part by Donald Trump’s baseless rigged-election claims, the activists are trying to recruit supporters to serve as poll watchers and election workers in the state’s legislative contests.In 2021, after Republican victories in Virginia, conservative activists were so proud of their work training poll watchers, recruiting election workers and making other attempts to subtly influence the voting system that they wrote a memo called “The Virginia Model.” The memo detailed ways that other states could follow Virginia’s lead in protecting so-called election integrity.Now these activists are turning their attention back to Virginia, which is a month away from tossup elections that will decide control of the state’s closely divided legislature and offer both national parties clear evidence of their electoral strengths and weaknesses heading into 2024.Every Tuesday night, Virginia Fair Elections, the group that drafted “The Virginia Model,” holds trainings for poll watchers aligned with its mission and encourages conservative activists to register to work at the polls. The organization also hosts trainings for new members of local election boards.The trainings are permeated by an undercurrent of mistrust in the electoral system: Poll watchers are encouraged to arrive early and insist on being as close as legally possible to election workers, voters and ballot machines; to make sure to inspect those machines; and to look for any evidence of potential fraud.“All of us have eyes on,” Clara Belle Wheeler, a former member of the Virginia State Board of Elections who now leads the trainings, said at the end of an hourlong training session for poll watchers last Tuesday, according to an audio recording of the meeting obtained by The New York Times. “I’m watching.”The group, like many others across the country, is taking its cues from former President Donald J. Trump, who has continued to make baseless claims that American elections are rigged. Behind the scenes and at public events, conservative activists who share his beliefs have been working to overhaul voting laws and recruit activists and supporters to serve as poll watchers and election workers.In numerous counties and localities across Virginia, conservative activists have been appointed to local election boards, the bodies that are in charge of determining early voting hours and locations, leading some to move early polling locations or reduce voting access on the weekends. The state also withdrew from the Electronic Registration Information Center, known as ERIC, an interstate clearinghouse for voter data that helps ensure secure elections, but became a flashpoint on the right based on a widely debunked conspiracy theory.Democrats and voting rights groups say these moves could have significant consequences — that seemingly small changes and pressures on the system could add up and potentially affect the outcome of an election. They worry that overly aggressive poll watchers could intimidate voters, or that conspiracy-minded Trump supporters who insert themselves in the election process could interfere with the results.“This is sort of like a death by 1,000 cuts, and there’s no necessarily one thing that you can point to and say, ‘That’s what’s going to swing the election,’” said Aaron Mukerjee, the voter protection director for the Virginia Democratic Party. “Taken together, the goal is to disenfranchise enough voters that they can win the election.”It is often difficult to determine whether changes to election laws or other attempts to intervene in the voting process ultimately affect outcomes. Turnout alone does not determine how many voters may have been affected. In the Trump era, changes in voting patterns have scrambled the longtime presumption that higher turnout helps Democrats and lower turnout aids Republicans.And there is no evidence that Republican election activists aided victories in Virginia in 2021, nor that their policies and activities necessarily benefit either party. During that election, poll watchers at 13 voting sites were observed being disruptive, according to reports filed by elections workers.In the run-up to the 2021 election, activists trained by Virginia Fair Elections collected claims of malfeasance and filed a lawsuit challenging at least 390 ballot applications that were missing Social Security numbers. The suit was dismissed, but conservative news outlets focused on the complaint and began to argue that the coming vote in Virginia would be “stolen,” as many activists believed had happened in 2020. (Glenn Youngkin, a Republican, ended up winning, and his party made gains in the legislature.)Nonetheless, Republican-aligned groups like Virginia Fair Elections continue to try to tighten voting laws.Virginia Fair Elections is managed by the Virginia Institute for Public Policy, a conservative think tank that was formed in 1996 with moderate fund-raising in the low six figures annually. But as the think tank shifted its focus to so-called election integrity efforts after the last presidential contest, it raised over $508,000 in 2021, according to data kept by ProPublica.That money included a $125,000 grant earmarked for the “Virginia Fair Elections project” from the Lynde and Harry Bradley Foundation, a major funder of groups that have proliferated myths about voter fraud. Its board includes Cleta Mitchell, a longtime conservative lawyer who played a key role in trying to overturn the 2020 election.In 2021, the “Virginia Model” executed by Virginia Fair Elections became the blueprint for the Election Integrity Network, a national coalition guided by Ms. Mitchell that quickly became one of the most influential organizations seeking to change voting laws and recruit local activists.Last year, Virginia Fair Elections hosted a two-day gathering conceptualized by Ms. Mitchell. The group boasted of having trained 4,500 poll watchers and election officials, and of covering 85 percent of polling locations in Virginia on Election Day in 2021 and during the 45 days of early voting.Cleta Mitchell has guided the Election Integrity Network, one of the most influential organizations seeking to change voting laws and recruit activists to serve as poll watchers and election workers.Matt Rourke/Associated PressIn August, Virginia Fair Elections held a similar meeting at a Sheraton hotel outside Richmond. The daylong event featured 12 discussions, including a keynote speech from Mollie Hemingway, a well-known conservative columnist. A panel discussion held just after lunch highlighted one front in which the network has made significant gains: county election boards and registrars, who serve as the chief election officials in Virginia localities.“The most important thing we do, however, is the hiring, and sometimes the firing, of the general registrar, and I think just as critical, if not more so, is the appointment, the training and potentially the dismissal of election officers,” John Ambrose, a Republican who serves as the vice chair of the electoral board of Richmond, told the audience to loud applause, according to an audio recording of the panel obtained by Documented, a liberal investigative group, and shared with The Times.Ms. Wheeler and the president of the Virginia Institute for Public Policy did not respond to text messages seeking comment. Virginia Fair Elections did not respond to multiple requests for comment.Under a peculiarity of Virginia law, the party of the most recently elected governor holds the advantage in the partisan makeup of local election boards. After Mr. Youngkin won the governor’s office in 2021, boards across the state flipped to 2-to-1 Republican control from 2-to-1 Democratic control.Groups like Virginia Fair Elections worked to place people they had trained on local election boards across the state, which meant that in many places, conservative priorities became policy.At least 10 counties in Virginia, including at least four with predominantly Black populations, have canceled Sunday voting for the coming elections. Some of the 10 counties, among them Richmond, Spotsylvania, Virginia Beach and Chesterfield, contain major population centers.Sundays are popular voting days for Black communities, where “Souls to the Polls” events led by churches have a long history of fostering community and helping protect against intimidation at the polls.“Democracy is coming under attack, whether it’s the Republican-led electoral boards throughout different localities who are cutting down on Sunday voting, or even closing early-vote locations that were in predominately Black communities,” said Joshua Cole, a pastor and a Democratic candidate for the House of Delegates in the Fredericksburg area. He pointed to the Mattaponi Baptist Association of Virginia, a local association of Black churches, several of which are no longer able to hold Souls to the Polls events.“Don’t take that right away from Christians, especially African American Christians, when it’s been a staple in the community for years,” he said.Joshua Cole, a Democratic candidate for the House of Delegates, has been critical of the push for counties to cancel Sunday voting, which are traditionally popular voting days for Black communities. Ryan M. Kelly/Associated PressSome local election officials acknowledged that the shift in partisan control was the main cause for the changes.“The reason Sunday voting is no longer an option for the City of Richmond is because the political representation from our electoral board has changed from Democratic to Republican since 2021,” said Katherin Cardozo-Robledo, the executive assistant to the electoral board in Richmond, a city whose population of about 230,000 is roughly 45 percent Black.Others, however, said there simply wasn’t enough demand.“We have elections every November in Virginia, so we did not continue it last year, either,” said Mary Lynn A. Pinkerman, who oversees elections in Chesapeake, which is roughly 30 percent Black. “Our city has approximately 176,000 voters, and when we tried it after being told there would be busloads coming, we only had 170 voters come that day. We do not have enough of a demand for it in our city.”With just a month left before polls close in Virginia, both parties are focused on the legislative elections, but the conservative activists have larger goals in mind.“What we’re doing is so critical,” Sheryl Stanworth, an attendee at the Tuesday training, said during the gathering. “We’ve got a presidential election to be looking forward to.” More

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    Giuliani’s Drinking Has Trump Prosecutors’ Attention in Federal Election Case

    Rudolph W. Giuliani had always been hard to miss at the Grand Havana Room, a magnet for well-wishers and hangers-on at the Midtown cigar club that still treated him like the king of New York.In recent years, many close to him feared, he was becoming even harder to miss.For more than a decade, friends conceded grimly, Mr. Giuliani’s drinking had been a problem. And as he surged back to prominence during the presidency of Donald J. Trump, it was getting more difficult to hide it.On some nights when Mr. Giuliani was overserved, an associate discreetly signaled the rest of the club, tipping back his empty hand in a drinking motion, out of the former mayor’s line of sight, in case others preferred to keep their distance. Some allies, watching Mr. Giuliani down Scotch before leaving for Fox News interviews, would slip away to find a television, clenching through his rickety defenses of Mr. Trump.Even at less rollicking venues — a book party, a Sept. 11 anniversary dinner, an intimate gathering at Mr. Giuliani’s own apartment — his consistent, conspicuous intoxication often startled his company.“It’s no secret, nor do I do him any favors if I don’t mention that problem, because he has it,” said Andrew Stein, a former New York City Council president who has known Mr. Giuliani for decades. “It’s actually one of the saddest things I can think about in politics.”No one close to Mr. Giuliani, 79, has suggested that drinking could excuse or explain away his present legal and personal disrepair. He arrived for a mug shot in Georgia in August not over rowdy nightlife behavior or reckless cable interviews but for allegedly abusing the laws he defended aggressively as a federal prosecutor, subverting the democracy of a nation that once lionized him.Yet to almost anyone in proximity, friends say, Mr. Giuliani’s drinking has been the pulsing drumbeat punctuating his descent — not the cause of his reputational collapse but the ubiquitous evidence, well before Election Day in 2020, that something was not right with the former president’s most incautious lieutenant.Now, prosecutors in the federal election case against Mr. Trump have shown an interest in the drinking habits of Mr. Giuliani — and whether the former president ignored what his aides described as the plain inebriation of the former mayor referred to in court documents as “Co-Conspirator 1.”Their entwined legal peril has turned a matter long whispered about by former City Hall aides, White House advisers and political socialites into an investigative subplot in an unprecedented case.The office of the special counsel, Jack Smith, has questioned witnesses about Mr. Giuliani’s alcohol consumption as he was advising Mr. Trump, including on election night, according to a person familiar with the matter. Mr. Smith’s investigators have also asked about Mr. Trump’s level of awareness of his lawyer’s drinking as they worked to overturn the election and prevent Joseph R. Biden Jr. from being certified as the 2020 winner at almost any cost. (A spokesman for the special counsel declined to comment.)Mr. Giuliani was one of the most public faces of Mr. Trump’s effort to overturn the 2020 election. Erin Schaff/The New York TimesThe answers to those prompts could complicate any efforts by Mr. Trump’s team to lean on a so-called advice-of-counsel defense, a strategy that could portray him as a client merely taking professional cues from his lawyers. If such guidance came from someone whom Mr. Trump knew to be compromised by alcohol, especially when many others told Mr. Trump definitively that he had lost, his argument could weaken.In interviews and in testimony to Congress, several people at the White House on election night — the evening when Mr. Giuliani urged Mr. Trump to declare victory despite the results — have said that the former mayor appeared to be drunk, slurring and carrying an odor of alcohol.“The mayor was definitely intoxicated,” Jason Miller, a top Trump adviser and a veteran of Mr. Giuliani’s 2008 presidential campaign, told the congressional committee investigating the Jan. 6 attack on the Capitol in a deposition early last year. “But I do not know his level of intoxication when he spoke with the president.” (Mr. Giuliani furiously denied this account and condemned Mr. Miller, who had spoken glowingly of him in public, in vicious terms.)Privately, Mr. Trump, who has long described himself as a teetotaler, has spoken derisively about Mr. Giuliani’s drinking, according to a person familiar with his remarks. But Mr. Trump’s monologues to associates can betray a layered view of the former mayor, one that many Republicans share: He credits Mr. Giuliani with turning around New York City after the high-crime 1970s and 1980s and contends that it has suffered lately without him in charge. Then he returns to a lament about Mr. Giuliani’s image today.Mr. Trump does not dwell on his own role in that trajectory.In a statement that did not address specific accounts about Mr. Giuliani’s drinking or its potential relevance to prosecutors, Ted Goodman, a political adviser to the former mayor, praised Mr. Giuliani’s career and suggested he was being maligned because “he has the courage to defend an innocent man” in Mr. Trump.“I’m with the mayor on a regular basis for the past year, and the idea that he is an alcoholic is a flat-out lie,” Mr. Goodman said, adding that it had “become fashionable in certain circles to smear the mayor in an effort to stay in the good graces of New York’s so-called ‘high society’ and the Washington, D.C., cocktail circuit.”“The Rudy Giuliani you all see today,” Mr. Goodman continued, “is the same man who took down the mafia, cleaned up the streets of New York and comforted the nation following 9/11.”A spokesman for Mr. Trump did not respond to a request for comment.Many who know Mr. Giuliani best are careful to discuss his life, and especially his drinking, with considerable nuance. Most elements of today’s Mr. Giuliani were always there, they say, if less visible.Long before alcohol became a concern, Mr. Giuliani was prone to sweeping, unsubstantiated claims of election fraud. (“They stole that election from me,” he once said of his 1989 mayoral loss, alluding to supposed chicanery “in the Black parts of Brooklyn and in Washington Heights.”)Long before alcohol became a concern, he could be quick to lash out at enemies real or perceived. (“A small man in search of a balcony,” Jimmy Breslin once said of him.)In interviews with friends, associates and former aides, the consensus was that, more than wholly transforming Mr. Giuliani, his drinking had accelerated a change in his existing alchemy, amplifying qualities that had long burbled within him: conspiracism, gullibility, a weakness for grandeur.A lover of opera — with a suitably operatic sense of his own story — Mr. Giuliani has long invited supporters, as Mr. Trump has, to process his personal trials as their own, tugging the masses along through tumult, tragedy, public divorce.Yet there is a smallness to his world now, a narrowing to reflect his circumstances.In August, Mr. Giuliani was booked at the Fulton County jail in Atlanta after he was charged in a sprawling racketeering case against Mr. Trump and his allies. Brynn Anderson/Associated PressHe faces a racketeering charge (among others) in Georgia, a defamation case brought by two election workers and accusations of sexual misconduct from a former employee (he has said this was a consensual relationship) and a former White House aide (he has denied this account).One of his lawyers has said Mr. Giuliani is “close to broke.” Another, Robert Costello, once a protégé of the former mayor’s, is suing him for unpaid legal fees.Mr. Giuliani’s circle has shrunk as old friends have fallen away. His law license was suspended in New York. The Grand Havana Room closed in 2020.Most days, Mr. Giuliani hosts a radio show in Manhattan, stopping for sidewalk selfies with the occasional stranger.Most nights, he stays in for a livestream from the apartment he long shared with his third ex-wife, Judith Giuliani. It recently went up for sale.“Rudy loves opera,” said William J. Bratton, his first police commissioner, to whom Mr. Giuliani once gave a CD collection of “La Bohème” as a gift. “Few operas end in a happy place.”A crushing defeat and a growing concernMr. Giuliani recording his weekly radio show from his office at City Hall in May 2000.Ruby Washington/The New York TimesMr. Giuliani was always the kind of elected official who kept opposition researchers busy: romantic entanglements, personnel conflicts, a trail of incendiary remarks.But as he prepared for life after City Hall — mounting a short-lived Senate campaign in 2000 and harboring visions of the presidency — Democratic operatives say Mr. Giuliani’s drinking was one issue that never came up.There was a reason for that. As mayor, former aides said, Mr. Giuliani did not generally drink to excess and expected his team to follow his lead.Part of this seemed to flow from insecurity: Reared outside Manhattan in a family of modest means, Mr. Giuliani always took care to keep his wits about him, one senior city official said, because he did not want to lower his guard in view of New York’s elites.Another consideration was practical. Mr. Giuliani thrilled to the all-hours nature of the mayoralty, hustling toward scenes of emergency to project authority and control long before 9/11 showcased this instinct to the wider world, and he was vigilant about staying ready.No one doubts that the attack, and his ascendant profile, profoundly reshaped him. On Sept. 10, 2001, he was the polarizing lame duck who had antagonized artists, warred gratuitously with ferret owners and defended his police department through high-profile killings of unarmed Black men — including one episode in which Mr. Giuliani attacked the deceased and authorized the release of his arrest record.By midweek, he had become a global emblem of tenacious resolve, held up as the city’s essential man. (Mr. Giuliani quickly came to see himself this way, too: With the election to succeed him weeks away, he began pushing by late September to postpone the next mayor’s start date and remain in office for a few more months, even asking the Republican governor, George Pataki, to extend his term, according to Mr. Pataki. The idea had few takers and was abandoned.)Mr. Giuliani’s political standing rose after the terrorist attacks on Sept. 11, 2001. Last year, he faced criticism for calling that day “in some ways, you know, the greatest day of my life.”Robert F. Bukaty/Associated PressThe years that followed were a swirl of mourning and celebrity — wrenching remembrances, lucrative business ventures, an honorary British knighthood — a tension that Mr. Giuliani can still sound as if he is struggling to reconcile.He faced criticism last year for calling Sept. 11 “in some ways, you know, the greatest day of my life.” He has also seemed haunted by it, no matter what doors it opened: After a colonoscopy in 2018, he told people then, he was informed that he had been talking in his sleep as if he was establishing a command center at ground zero when the towers fell.Mr. Giuliani’s stewardship in crisis was supposed to hypercharge his long-planned presidential campaign, enshrining him as the early Republican front-runner in 2008. It did not.Instead, the earliest accounts of Mr. Giuliani’s excessive drinking date to this period of campaign failure. Though any political flop can sting, those who know Mr. Giuliani say that this one, his first loss in nearly two decades, was especially shattering.When his big electoral bet on Florida ended in humiliation, Mr. Giuliani fell into what Judith Giuliani later called a clinical depression. He stayed for weeks afterward at Mar-a-Lago, Mr. Trump’s club in Florida. The two were not especially close friends but had known each other for years through New York politics and real estate.During his presidential run in 2008, Mr. Giuliani bet heavily on a strong performance in Florida, but finished third and dropped out a day later. Chip Litherland for The New York TimesAround this time, Mr. Giuliani was drinking heavily, according to comments Ms. Giuliani made to Andrew Kirtzman, the author of “Giuliani: The Rise and Tragic Fall of America’s Mayor,” published last year.“Literally falling-down drunk,” Mr. Kirtzman said in an interview, noting that several incidents over the years, in Ms. Giuliani’s telling, required medical attention. Mr. Kirtzman said that he came to consider Mr. Giuliani’s drinking “part of the overall erosion of his self-discipline.” (Mr. Giuliani has said he spent a month “relaxing” at Mar-a-Lago. Ms. Giuliani declined through her lawyer to be interviewed.)Some who encountered Mr. Giuliani after the campaign were struck by how transparently he missed the attention he once commanded, how desperate he seemed to recapture what he had lost.George Arzt, a longtime aide to former Mayor Edward I. Koch, with whom Mr. Giuliani often clashed, recalled watching Mr. Giuliani wander on a loop through a restaurant in the Hamptons, as if waiting to be stopped by anyone, while the rest of his party dined in a back room.“He would walk back and forth like he wanted everyone to see him, more than once,” Mr. Arzt said. “He just wanted to be recognized.”People close to Mr. Giuliani particularly worried about him as his third marriage began to fray, growing unnerved at snapshots of his behavior even at nominally sanctified gatherings, like an annual dinner for close associates around Sept. 11.Mr. Giuliani and his wife at the time, Judith Giuliani, standing at right, in 2005. She has said he fell into a depression and drank heavily after his 2008 election loss.Bill Cunningham/The New York TimesIn almost any company, Mr. Giuliani seemed liable to make a scene. In May 2016, he derailed a major client dinner at the law firm he had recently joined with a fire hose of Islamophobic remarks while drunk, according to a book last year by Geoffrey S. Berman, who would later become the United States attorney in Manhattan.At the 9/11 anniversary dinner that year, a former aide remembered, Mr. Giuliani appeared intoxicated as he delivered remarks that were blisteringly partisan — and tonally jarring for guests, given the event being commemorated.The next year, a longtime attendee recalled, the traditional dinner was scrapped. Weeks before the anniversary, Mr. Giuliani had been rushed to the hospital with a leg injury.After drinking too much, Ms. Giuliani would say later, the former mayor had taken a fall.Recklessness, grievance and increased isolationMr. Giuliani and Mr. Trump in September 2020. The former mayor still praises the former president, and has appealed to him for financial help. Al Drago for The New York TimesWith a few days left in the Trump presidency — and the specter of a second impeachment trial looming after the Capitol riot — Mr. Giuliani was unambiguous.Short on allies and angling for another public showcase, the former mayor did not just want to represent Mr. Trump before the Senate: “I need to be his lawyer,” Mr. Giuliani told a confidant, according to a person with direct knowledge of the exchange.By then, much of Mr. Trump’s orbit was quite certain that this was a bad idea. Mr. Giuliani’s legal efforts since the election had roundly failed. He was the source of infighting, highlighted by an associate’s email to campaign officials asking that Mr. Giuliani be paid $20,000 a day for his work. (Mr. Giuliani has said he was unaware of the request.) He was also destined to be a potential witness.Mr. Giuliani’s foray into Ukrainian politics had already helped get Mr. Trump impeached the first time. And for years, some in the White House had viewed Mr. Giuliani’s indiscipline and unpredictability — his web of foreign business affairs, his mysterious travel companions and, often enough, his drinking — as a significant liability.Before some of Mr. Giuliani’s television appearances, allies of the president were known to share messages about the former mayor’s nightly condition as he imbibed at the Trump International Hotel in Washington, where Mr. Giuliani was such a regular that a custom plaque was placed at his table: “Rudolph W. Giuliani Private Office.” (“You could tell,” one Trump adviser said of the nights when Mr. Giuliani went on the air after drinking.)Mr. Giuliani has said he does not think he ever gave an interview while drunk. “I like Scotch,” he told NBC New York in 2021, adding: “I’m not an alcoholic. I’m a functioning — I probably function more effectively than 90 percent of the population.”At the Grand Havana in New York, some steered clear when Mr. Giuliani’s near-shouting conversations gave him away.“People would walk by after he started drinking a lot and act like he wasn’t there,” said the Rev. Al Sharpton, a longtime antagonist and a fellow member at the cigar club. (Mr. Sharpton said he did indulge in a running gag: He and others who opposed Mr. Trump sometimes playfully encouraged a server to double Mr. Giuliani’s liquor orders before he went on Fox.)But Mr. Sharpton attributed the former mayor’s troubles to a different vice, as many friends have privately.“When he started running after Trump, I said, ‘This guy’s addicted to cameras,’” Mr. Sharpton recalled, adding that Mr. Giuliani “had to know the negative sides of Donald Trump.” Before long, Mr. Sharpton observed, Mr. Giuliani was “running with guys that he would have put in jail when he was U.S. attorney.”Mr. Giuliani can seem wistful now about the days when he held such influence — and fanatical about settling old scores and destroying new adversaries, forever insisting that he is denied his due.Reflecting on the death last month of his second police commissioner, Howard Safir, Mr. Giuliani swerved suddenly during his livestream into Trump-style projection, using the occasion to smear Mr. Safir’s predecessor, Mr. Bratton, with whom Mr. Giuliani fell out.“Maybe Bratton going to Elaine’s every night and getting drunk actually helped,” Mr. Giuliani said. (“If the show wasn’t so sad, it would be hilarious,” Mr. Bratton said via text.)Other complaints from Mr. Giuliani have been more current. Fox News stopped inviting him on, he has groused repeatedly, even though he was working to highlight scandals surrounding Hunter Biden — and was vilified for it — well before they became a prime Republican talking point.A television clip of Mr. Giuliani was shown during a hearing last year by the House committee investigating the Capitol riot and the events surrounding it. Doug Mills/The New York TimesMr. Giuliani’s home was searched, and his devices were seized, by federal authorities in 2021 as part of an investigation that produced embarrassing headlines and, ultimately, no charges, further inflaming his sense of persecution.He can seem wounded that some past friends have drifted away.“He feels betrayed by some of the friends who used to be his friends,” said John Catsimatidis, the billionaire political fixture who owns the local station that carries Mr. Giuliani’s radio show. “How’d you like to have those friends as friends?”While Mr. Giuliani does not seem to place Mr. Trump in this category — still publicly fawning over a man to whom he has appealed for financial help — their relationship has endured some strain. On Mr. Trump’s final weekend in office, he excoriated Mr. Giuliani in a private meeting, according to a person briefed on it.Last month, Mr. Trump’s club in Bedminster, N.J., was the site of a fund-raiser for Mr. Giuliani’s legal defense.But days later, on the Sept. 11 anniversary, Mr. Trump did not say a public word about the New Yorker most associated with the tragedy.Mr. Giuliani focused his objections elsewhere, remarking often on his allotted location among dignitaries at the memorial. “They don’t put those of us who had anything to do with Sept. 11 too close,” he said.Appraising his own legacy later that week on his livestream, where he called himself New York’s most successful mayor in history, Mr. Giuliani still seemed consumed by his standing now in his city.He also sounded resigned.“This crooked Democratic city,” he said, “would never have a plaque for me.”Olivia Bensimon More

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    Fact Checkers Take Stock of Their Efforts: ‘It’s Not Getting Better’

    The momentum behind organizations that aim to combat online falsehoods has started to taper off.After President Biden won the election nearly three years ago, three of every 10 Americans believed the false narrative that his victory resulted from fraud, a poll found. In the years since, fact checkers have debunked the claim in lengthy articles, corrections posted on viral content, videos and chat rooms.Listen to This ArticleListen to this story in the New York Times Audio app on iOS.This summer, they received a verdict on their efforts in an updated poll from Monmouth University: Very little has changed. Three of every 10 Americans still believed the false narrative.With a wave of elections expected next year in dozens of countries, the global fact-checking community is taking stock of its efforts over a few intense years — and many don’t love what they see.The number of fact-checking operations at news organizations and elsewhere has stagnated, and perhaps even fallen, after a booming expansion in response to a rise in unsubstantiated claims about elections and the pandemic. The social networking companies that once trumpeted efforts to combat misinformation are showing signs of waning interest. And those who write about falsehoods around the world are facing worsening harassment and personal threats.“It’s not getting better,” said Tai Nalon, a journalist who runs Aos Fatos, a Brazilian fact-checking and disinformation-tracking company.Elections are scheduled next year in more than 5,500 municipalities across Brazil, which a few dozen Aos Fatos fact checkers will monitor. The idea exhausts Ms. Nalon, who has spent recent years navigating a disinformation-peddling president, bizarre theories about the pandemic, and an increasingly polluted online ecosystem rife with harassment, distrust and legal threats.Voters in Brasília in October. Elections are scheduled next year in more than 5,500 municipalities across Brazil, which a few dozen Aos Fatos fact checkers will monitor.Dado Galdieri for The New York TimesMs. Fatos’s organization, one of the leading operations of its kind in Brazil, started in 2015 as attention to the fight against false and misleading content online surged. It was part of a fact-checking industry that bloomed around the world. At the end of last year, there were 424 fact-checking websites, up from just 11 in 2008, according to an annual census by the Duke University Reporters’ Lab.The organizations used an arsenal of old and new tools: fact checks, pre-bunks that tried to inform viewers against misinformation before they encountered it, context labels, accuracy flags, warning screens, content removal policies, media literacy trainings and more. Facebook, which is owned by Meta, helped spur some of the growth in 2016 when it started working with and paying fact-checking operations. Online platforms, like TikTok, eventually followed suit.Yet the momentum seems to be idling. This year, only 417 sites are active. The addition of new sites has slowed for several years, with just 20 last year compared with 83 in 2019. Sites such as the Baloney Meter in Canada and Fakt Ist Fakt in Austria have gone quiet in recent years.“The leveling-off represents something of a maturing of the field,” said Angie Drobnic Holan, the director of the International Fact-Checking Network, which the nonprofit Poynter Institute started in 2015 to support fact checkers worldwide.The work continues to draw interest from new parts of the world, and some think tanks and good-government groups have begun offering their own fact-checking services, experts said. Harassment and government repression, however, remain major deterrents. Political polarization has turned fact-checking and other misinformation defenses into a target among right-wing influencers, who claim that debunkers are biased against them.Yasmin Green, chief executive of Jigsaw, a group within Google that studies threats like disinformation and extremism, recalled one study in which a participant scrolled past a fact check shared by a journalist from CNN and dismissed it out of hand. “Well, who fact-checks the fact checkers?” the user asked.“We’re in this highly distrustful environment where you’re evaluating just on the basis of the speaker and distrusting people who you decided their judgment is not trustworthy,” Ms. Green said.“We’re in this highly distrustful environment where you’re evaluating just on the basis of the speaker,” said Yasmin Green of Jigsaw, a group within Google that studies disinformation.Rengim Mutevellioglu for The Washington Post, via Getty ImagesIntervening against misinformation has a broadly positive effect, according to researchers. Experiments conducted in 2020 concluded that fact checks in many parts of the world reduced false beliefs for at least two weeks. A team at Stanford determined that education about misinformation after the 2016 election had probably contributed to fewer Americans visiting websites in 2020 that were not credible.Success, however, is inconsistent and contingent on many variables: the viewer’s location, age, political leaning and level of digital engagement, and whether a fact check is written or illustrated, succinct or explanatory. Many efforts never reach crucial demographics, while others are ignored or resisted.After falsehoods swarmed Facebook during the pandemic, the platform instituted policies against Covid-19 misinformation. Some researchers, however, questioned the effectiveness of the efforts in a study published this month in the journal Science Advances. They determined that while the amount of anti-vaccine content had declined, engagement with the remaining anti-vaccine content had not.“In other words, users engaged just as much with anti-vaccine content as they would have if content had not been deleted,” said David Broniatowski, a professor at George Washington University and an author of the paper.The remaining anti-vaccine content was more likely to be misleading, researchers found, and users linked to less trustworthy sources than they did before Facebook put its policies in place.“Our integrity efforts continue to lead the industry, and we are laser-focused on tackling industrywide challenges,” Corey Chambliss, a spokesman for Meta, said in an emailed statement. “Any suggestion to the contrary is false.”In the first six months of this year, more than 40 million Facebook posts received a fact-check label, according to a report that the company submitted to the European Commission.Social platforms where false narratives and conspiracy theories still spread widely have scaled back anti-disinformation resources over the past year. Researchers found that fact-checking organizations and similar outlets grew gradually more dependent on social media companies for a financial lifeline; misinformation watchers now worry that increasingly budget-conscious tech companies will start reducing their philanthropy spending.Such a move could “really turn the screws on fact checkers,” said Yoel Roth, the former head of trust and safety at Twitter, which is now known as X.Yoel Roth, former head of trust and safety at Twitter, said that if tech companies cut back on their philanthropy spending it could “really turn the screws on fact checkers.”Evelyn Hockstein/ReutersIf Meta ever cuts the budget for its third-party fact-checking program, it could “decimate an entire industry” of fact checkers that depend on its financial support, said Mr. Roth, now a visiting scholar at the University of Pennsylvania. (Meta said its commitment to the program had not changed.)X has undergone some of the most significant changes of any platform. Its billionaire owner of less than a year, Elon Musk, embraced an experiment that relied on its own unpaid users rather than paid fact checkers and safety teams. The expanded fact-checking program — Community Notes — allows anyone to write corrections on posts. Users can deem a note “helpful” so it becomes visible to everyone; some notes have appeared alongside content from Mr. Musk and President Biden and even a viral post about a groundhog falsely accused of stealing vegetables.X did not respond to a request for comment. Tech watchdogs fretted this week about the quality of content on X after The Information reported that the platform was cutting half the team dedicated to managing disinformation about election integrity; the company had said less than a month earlier that it planned to expand the team.Crowdsourced fact-checking has shown mixed results in research, said Valerie Wirtschafter, a fellow at the Brookings Institution. An article she co-wrote in The Journal of Online Trust and Safety found that the presence of a Community Note did not keep posts from spreading widely. Users who created misleading posts saw no change in the engagement for subsequent posts, suggesting that they paid no penalty for sharing falsehoods.Since most popular posts on X get a surge in attention within the first few hours, a Community Note added hours or days later would do little to reach people who had read the falsehoods, said Mr. Roth, who resigned from the company after Mr. Musk’s arrival last year.“I’ve never found a way around having humans in the loop,” he said in an interview. “My belief, and everything I’ve seen, is that on its own, Community Notes is not a sufficient replacement.”Defenders against false narratives and conspiracy theories are also struggling with another complication: artificial intelligence.The technology’s reality-warping abilities, which still manage to stump many of the tools designed to identify their use, are already keeping fact checkers busy. Last week, TikTok said it would test an “A.I.-generated” label, automatically appending it to content detected as having been edited or created with the technology.Tests are also being run using A.I. to quickly parse the enormous volume of false information, identify frequent spreaders and respond to inaccuracies. The technology, however, has a shaky track record with truth. After the fact-checking organization PolitiFact tested ChatGPT on 40 claims that had already been meticulously researched by human fact checkers, the A.I. either made a mistake, refused to answer or arrived at a different conclusion from the fact checkers half of the time.Between new technologies, fluctuating policies and stressed watchdogs, the online information ecosystem is in its messy adolescent years — “it’s gangly, and it’s got acne, and it’s moody,” said Claire Wardle, a co-director of the Information Futures Lab at Brown University.She is hopeful, however, that society will learn to adapt and that most people will continue to value accuracy. Misinformation during the 2022 midterm elections was less toxic than feared, thanks partly to media literacy efforts and training that helped the authorities respond far more quickly and aggressively to rumors, she said.“We tend to get obsessed with the very worst conspiracies — the people who got radicalized,” she said. “Actually, the majority of audiences are pretty good at figuring this all out.”Audio produced by More

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    Nueva ley de votación en Texas: lo que ha sucedido en el juicio

    Los críticos han expresado su preocupación por la posibilidad de que la ley impida la participación de los votantes con discapacidades, los de edad avanzada y los que no hablan inglés.Durante años, Stella Guerrero Mata, de 73 años, una conductora de autobús escolar jubilada que vive cerca de Houston, había podido votar por correo sin ningún problema. Guerrero, que usa un bastón para caminar y tiene una larga lista de padecimientos, entre ellos diabetes, deterioro de la vista y dolor de espalda, esperaba volver a sufragar de la misma manera en las elecciones de medio mandato de 2022.No obstante, poco tiempo después de enviar su boleta por correo, recibió una carta que la dejó enojada y confundida. Su boleta no fue aceptada porque no incluyó el número de su licencia de conducir ni los últimos cuatro dígitos de su número de seguridad social, un requisito de una nueva y polémica ley de votación que se aprobó en 2021.“Mi voto fue rechazado”, denunció Guerrero Mata y agregó que se había dado cuenta de que era demasiado tarde para corregir el error. “Estaba enojada, porque mi voz no se iba a escuchar”.Guerrero Mata forma parte de un grupo de votantes que testificaron en un juicio que se está realizando en San Antonio sobre la extensa reforma electoral del estado, conocida como SB 1. La ley se aprobó por una mayoría republicana incluso después de que los legisladores demócratas abandonaron el recinto durante 38 días, lo que puso al estado en una lucha infructuosa para impedir que el proyecto de ley llegara a votación.Desde que entró en vigor, los críticos han expresado su preocupación por la posibilidad de que la ley impida la participación de los votantes con discapacidades, los de edad avanzada y los que no hablan inglés. El juicio federal, que ahora inicia su segunda semana, brinda una oportunidad inusual para escuchar directamente a los electores que querían votar pero no pudieron hacerlo.Una coalición de grupos defensores del derecho al voto, entre ellos el Fondo Educativo de Defensa Legal Mexicoestadounidense (MALDEF, por su sigla en inglés) y la Unión Estadounidense de Libertades Civiles (ACLU, por su sigla en inglés) de Texas, afirma en su demanda que la ley afecta a las personas que votan por correo, aquellas que se apoyan en ayudantes conocidos como asistentes para votar y quienes dependen de organizaciones comunitarias para saber dónde y cómo votar.La ley agregó nuevos requisitos de identificación para votar por correo, dificultó el uso de asistentes para sufragar, estableció sanciones penales para los trabajadores electorales si son demasiado enérgicos a la hora de controlar a las personas en los centros de votación y prohibió la votación disponible 24 horas, así como la votación desde un vehículo, medidas que se utilizaron, en particular, en el condado de Harris durante la pandemia.Los abogados que representan al estado han dicho que las nuevas reglas previenen un posible fraude electoral y que los votantes parecen adaptarse mejor con cada elección. Ryan Kercher, abogado del estado, opinó que la integridad electoral significa que los votantes “van a tener confianza en el proceso”. Además, Kercher añadió que la ley permite ampliar el horario de votación anticipada para alentar una mayor participación de los electores.Durante el contrainterrogatorio, otro abogado del estado, Will Wassdorf, le dijo a Guerrero Mata que había ingresado la información requerida en el formulario en el que solicitó una boleta por correo, pero que no lo hizo cuando envió por correo la boleta electoral. Luego, Wassdorf le mostró en una pantalla los espacios que había dejado en blanco.“¿Entiende que por eso se rechazó su boleta?”, le preguntó Wassdorf. Y Guerrero Mata respondió: “Ahora lo entiendo. En este momento, sí”.Un ejemplo de los nuevos requisitos para votar como el número de la licencia de conducir y los cuatro últimos dígitos del número de Seguridad Social del votante.Sergio Flores/ReutersCuando Fátima Menéndez, una de las abogadas demandantes, le preguntó si tendría la confianza de votar por correo en 2024, Guerrero Mata respondió que no estaba segura. “Siento que no se contaría”, mencionó.Un desfile de funcionarios electorales de Dallas, Austin, El Paso y el valle del Río Grande también testificaron que consideran confusas y vagas muchas de las nuevas regulaciones y que a menudo tuvieron dificultades para explicárselas a otros votantes que también estaban confundidos.“No sabía qué decirles a los votantes”, dijo Dana DeBeauvoir, secretaria del condado de Travis, en Austin, que supervisó varias elecciones antes de jubilarse. DeBeauvoir describió el supuesto problema del fraude electoral como “un unicornio”, en el mejor de los casos, “muy pocos entre millones de votos y, en la mayoría de los casos, no fueron intencionados”.Kercher insistió en eso durante el contrainterrogatorio. “Aunque el fraude electoral sea un unicornio, tenemos que estar alerta”, dijo.“Yo siempre lo he estado”, replicó ella.Se espera que el juez a cargo de este caso, Xavier Rodriguez, del Distrito Oeste de Texas, escuche los testimonios durante las próximas semanas antes de emitir una orden.Previamente, Rodriguez consideró que una parte de la ley era ilegal: el requisito de que los votantes escriban los últimos cuatro dígitos de su número de seguridad social o el número de su licencia de conducir cuando soliciten votar por correo y que los trabajadores electorales puedan emparejar uno de los números con los datos de registro del elector.Rodriguez, designado por el expresidente George W. Bush, determinó que el requisito violaba la Ley de Derechos Civiles porque cabe la posibilidad de que los funcionarios electorales rechacen a votantes que de otro modo calificarían para votar por correo pero que tengan dificultad para proporcionar esa información adicional.La ACLU de Texas asegura que alrededor de 40.000 solicitudes de boletas de votación por correo han sido rechazadas por errores relacionados con este requisito.Nina Perales, una abogada de MALDEF, argumentó durante su discurso inicial que los votantes con discapacidades están entre los más afectados.“Añadir más pasos al proceso de votación y exigir más formularios dificulta la votación y reduce el número de boletas emitidas”, dijo Perales. “Esto impone más y más obstáculos a los votantes discapacitados y provocará la privación de sus derechos”.La nueva ley de votación se convirtió en una prioridad para el gobernador Greg Abbott después de que el expresidente Donald Trump afirmó haber perdido las elecciones de 2020 debido a un fraude electoral, una aseveración que ha sido descartada por jueces de todo Estados Unidos. Sin embargo, Abbott amenazó con convocar una sesión especial de la legislatura hasta que los legisladores le enviaran el proyecto de ley de votación para que lo firmara.Después de la legislación, hubo una serie de cambios electorales adoptados en varias áreas urbanas de Texas, lugares en gran parte dominados por demócratas, los cuales fueron diseñados para facilitar que los votantes que cumplan con los requisitos emitan su voto. Por ejemplo, Houston atrajo la atención nacional al permitir que se sufragara desde los vehículos, las 24 horas del día, en el punto álgido de la pandemia.La defensa aún está por presentar su caso. Gran parte de la primera semana estuvo dedicada a votantes y funcionarios electorales, llamados por los demandantes, quienes detallaron sus dificultades con las nuevas reglas.Toby Cole, un abogado que perdió el uso de sus brazos y piernas tras un accidente cuando tenía 18 años y que vota con la ayuda de un asistente, testificó que se sentía incómodo compartiendo su información médica con los trabajadores electorales cuando votaba en persona, la forma de votación que prefiere, para que un asistente le ayude a emitir su voto.Cole dijo que conoce a muchos otros votantes con discapacidades que pueden optar por no votar en persona o simplemente no sufragar porque no se sienten cómodos compartiendo las razones por las que tienen derecho a recibir ayuda adicional.Él dice que ha podido votar porque es muy “persistente”.Kirsten Noyes More

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    ‘My Vote Was Rejected’: Trial Underway in Texas Over New Voting Law

    Voting rights advocates say the law, intended to curb fraud, is impeding people with disabilities, older voters and non-English speakers.For years, Stella Guerrero Mata, a 73-year-old retired school bus driver who lives near Houston, has been able to cast her vote through the mail with little hassle. Ms. Mata, who uses a cane to walk and suffers from a long list of ailments, including diabetes, worsening eyesight and back pain, expected the 2022 midterm elections to be no different.But sometime after she placed her ballot in the mail, she received a letter with news that left her angry and confused. Her ballot was not accepted because she had failed to include her driver’s license number and the last four digits of her Social Security number, a requirement of a contested new voting law that was approved in 2021.“My vote was rejected,” Ms. Mata said, adding that she had realized it was too late for her to correct her mistake. “It made me feel angry, because my voice was not being heard.”Ms. Mata was one of several voters to testify in a trial, now underway in San Antonio, over the state’s sweeping election overhaul, known as S.B. 1. The law was passed by a Republican majority even after Democratic lawmakers staged a 38-day walkout, leaving the state in an unsuccessful effort to prevent the bill from coming to a vote.Since it went into effect, critics have raised concerns that the law would impede voters with disabilities, elderly voters and voters who do not speak English. The federal trial, now entering its second week, is providing an unusual opportunity to hear directly from voters who wanted to cast a vote but were not able to do so.A coalition of voting rights groups, including MALDEF, the Mexican American Legal Defense and Educational Fund, and the American Civil Liberties Union of Texas, claim in their lawsuit that the law hurts people who vote by mail, those who use the help of aides known as assisters to vote and those who rely on community organizations to learn about where and how to vote.The law added new voter identification requirements for voting by mail; made it harder to use voter assisters; set criminal penalties for poll workers if they are too forceful in reining in people at polling places; and banned 24-hour voting and drive-through voting, measures that were notably used in Harris County during the pandemic.Lawyers representing the state countered that the new rules prevent potential voter fraud and that voters seem to be adapting better with every passing election. Election integrity means that voters “are going to have confidence in the process,” said Ryan Kercher, a lawyer for the state. In addition, Mr. Kercher said, the law allows for expanded early-voting hours to encourage more voter participation.During cross-examination, another lawyer for the state, Will Wassdorf, pointed out to Ms. Mata that she had entered the required information in an application for a mail ballot, but that she did not do so when she mailed the actual ballot. Mr. Wassdorf then directed her attention to a video screen that showed the entries she had left blank.“Do you understand that that’s why your ballot was rejected?” he asked her.“Now I do. At this time, yes,” she replied.An example of a new mail-in ballot request requiring a driver’s license number and the last four digits of the voter’s Social Security number.Sergio Flores/ReutersAsked by one of the plaintiffs’ lawyers, Fátima Menéndez, if she would have the confidence to cast a vote by mail in 2024, Ms. Mata replied that she was not sure. “I feel like it would not be counted at all,” she said.A parade of election officials from Dallas, Austin, El Paso and the Rio Grande Valley also testified that they found many of the new regulations confusing and vague and that they often struggled to explain them to equally confused voters.“I did not know what to tell voters,” said Dana DeBeauvoir, a county clerk in Travis County, home to Austin, who oversaw several elections before she retired. Ms. DeBeauvoir described the purported problem of voter fraud as “a unicorn,” at best, “ones and twos out of millions of votes, and in most cases unintentional.”Mr. Kercher seized on that during cross-examination. “Even though voter fraud is a unicorn, we still have to be vigilant,” he said.“I always was,” she replied.The judge in the case, Xavier Rodriguez, of the Western District of Texas, is expected to listen to testimony for the next few weeks before issuing an order.Judge Rodriguez previously found one part of the law to be unlawful: its requirement that voters write down either the last four digits of their Social Security number or a driver’s license’s number when requesting to vote by mail and that election workers be able to match one of the numbers with the voter’s registration records.Judge Rodriguez, an appointee of former President George W. Bush, ruled that the requirement violated the Civil Rights Act because elections officials may be turning away voters who otherwise qualify to vote by mail but have a hard time providing the extra information.The A.C.L.U. of Texas said that about 40,000 submissions for mail-in voting ballots have been rejected for errors connected to this requirement.Nina Perales, a lawyer with MALDEF, argued during her opening statement that voters with disabilities are among the most affected.“Adding more steps to the voting process and requiring more forms makes voting more difficult, and it reduces the number of ballots cast,” Ms. Perales said. “This imposes significant and more obstacles for disabled voters and will cause disabled voters to be disenfranchised.”The new voting law became a priority for Gov. Greg Abbott after former President Donald J. Trump claimed he lost the 2020 election because of election fraud, a claim that has been discounted by judges around the country. Nevertheless, Mr. Abbott threatened to call a special session of the Legislature until lawmakers sent him the voting bill to sign.The legislation followed a series of voting changes adopted in several urban areas across Texas, places largely dominated by Democrats, that were designed to make it easier for eligible voters to cast ballots. Houston, for example, drew national attention by offering 24-hour drive-through voting at the height of the pandemic.The defense has not yet begun presenting a case. Much of the first week was taken up by voters and election officials, called by the plaintiffs, who detailed their struggles with the new rules.Toby Cole, a lawyer who lost the use of his arms and legs after an accident when he was 18 and votes with the help of an aide, testified that he felt uncomfortable sharing his medical information with poll workers when voting in person, a method he prefers, in order to have an aide assist in casting his ballot.Mr. Cole said he knows of many fellow voters with disabilities who may choose not to vote in person or at all because they do not feel comfortable sharing why they qualify for extra assistance.He has been able to vote, he said, only “because I’m persistent.”Kirsten Noyes More

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    DeSantis Played Both Sides of the GOP Rift Over the 2020 Election

    The Florida governor created an election crimes unit that placated election deniers. It led to scores of “zany-burger” tips, and, according to one Republican, “Kabuki theater.”It resembled a political rally more than a news conference. In November 2021, exactly one year after Donald J. Trump lost the presidential election to Joseph R. Biden Jr., Gov. Ron DeSantis of Florida spoke to a raucous crowd in a hotel conference room just a few miles from Mr. Trump’s home base of Mar-a-Lago.Their suspicions about vast election malfeasance would be heard, Mr. DeSantis promised. He was setting up an election police unit and he invited the crowd to send in tips about illegal “ballot harvesting,” nodding to an unfounded theory about Democrats collecting ballots in bulk.The crowd whooped and waved furiously. “He gets it!” posted a commenter watching on Rumble.But in his seven-minute, tough-on-election-crimes sermon, Mr. DeSantis, a Republican, never explicitly endorsed that theory or the many others spread by the defeated president and embraced by much of their party.In this way, for nearly three years, Mr. DeSantis played both sides of Republicans’ rift over the 2020 election. As his state became a buzzing hub of the election denial movement, he repeatedly took actions that placated those who believed Mr. Trump had won.Most prominent was the creation of an election crimes unit that surfaced scores of “zany-burger” tips, according to its former leader, disrupted the lives of a few dozen Floridians, and, one year in, has not yet led to any charges of ballot harvesting or uncovered other mass fraud.Yet Mr. DeSantis kept his own views vague. Only last month — two years, six months and 18 days after Mr. Biden was sworn into office — did Mr. DeSantis, now running for president, acknowledge that Mr. Biden had defeated Mr. Trump.Mr. DeSantis has said he pushed “the strongest election integrity measures in the country.” But critics say their main impact was to appease a Republican base that embraced conspiracy theories about elections — and that came with a cost.He failed to counter lies about the legitimacy of the 2020 election. Florida judges are considering whether his administration overstepped its legal authority.Nathan Hart, a 50-year-old ex-felon from near Tampa, is among 32 people who have been arrested or faced warrants under the new initiative. Mr. Hart, who plans to appeal his conviction, said he lost his job as a warehouse worker because he had to show up in court. When he cast his ballot for Mr. Trump he had no idea he was ineligible to vote, he said.He and others suffered so that the governor “could have a really good photo op and make himself look tough,” he said.Workers at the Miami-Dade County Elections Department tabulating mail-in ballots in October 2020. The 2020 election was one of the smoothest in state history.Saul Martinez for The New York TimesThe 2020 AftermathTightening voting rules had not been high on Mr. DeSantis’s agenda when he first came into office in 2019. After the ballot-counting debacle during the 2000 presidential election, Florida had substantially revamped its elections. Experts considered the 2020 election, in which over 11 million Floridians voted, well run and smooth. Mr. Trump won by 371,686 votes.One significant change Mr. DeSantis made to Florida’s elections was his decision to join the Electronic Registration Information Center, or ERIC. The data-sharing program, which had bipartisan support, helps states identify people who had moved, died or registered or voted in more than one state.When he announced the move to a group of local election supervisors, they broke into applause.But after the 2020 election, Mr. DeSantis came under concerted pressure from Mr. Trump’s loyalists. Florida became a staging ground for people promoting election conspiracy theories, including Michael Flynn, Mr. Trump’s former national security adviser, and the Overstock.com founder Patrick Byrne.Pressed again and again on whether he accepted Mr. Biden’s victory over Mr. Trump, Mr. DeSantis dodged. “It’s not for me to do,” he replied in December 2020. “Obviously, we did our thing in Florida. The college voted,” he said, referring to the Electoral College. “What’s going to happen is going to happen.”But within a few months, Mr. DeSantis was pushing for legislation he said would bulletproof Florida’s elections from fraud, with tighter rules for mail-in ballots, the use of drop boxes and third-party organizations that register voters.The governor signed the bill live on Fox News in May 2021.Peter Antonacci, the now-deceased former director of the election crimes unit, and Mr. DeSantis in 2022.Amy Beth Bennett/South Florida Sun-Sentinel, via Associated PressElection Crimes UnitBut lobbying by the election denial movement did not end. Cleta Mitchell, one of Mr. Trump’s lawyers in his effort to undo the outcome of the 2020 election, helped organize Florida activists into state and local groups through her national Election Integrity Network.Members of Defend Florida, another group, went door to door canvassing for evidence of voter irregularities. They delivered their leads to local elections officials, who, to the group’s frustration, typically investigated and dismissed them.Public records show the organization’s representatives met repeatedly with aides to the governor and other high-level members of his administration. Six months after the 2021 changes became law, Mr. DeSantis proposed the election crimes unit — a top priority, aides told lawmakers. He requested a team of state law enforcement officers and prosecutors who could bypass the local officials he suggested had turned a blind eye to voting abuses.Some lawmakers worried about giving the governor’s office too much influence over law enforcement, according to people familiar with the deliberations. The Republican-led Legislature did not explicitly authorize state prosecutors to bring voter fraud charges, as Mr. DeSantis had requested.Otherwise, the governor got much of what he wanted: $2.7 million for a 15-member investigative unit and 10 state law enforcement officers dedicated to election crimes. His administration has used prosecutors under the attorney general’s office to handle the bulk of the cases, even without the Legislature’s authorization.The new investigative unit became a receptacle for activists’ tips about fraud. Activists at times alerted conservative media outlets to their leads, generating headlines about new investigations. Some accusations poured through unusual channels.Activists in Mr. DeSantis’s home county, Pinellas, handed over one binder full of tips to Mr. DeSantis’s mother. They later heard back that the package had been successfully delivered in Tallahassee, according to two people familiar with the episode.A small team reviewing the claims found the vast bulk were not credible.“Most that comes my way has zany-burger all over it,” Peter Antonacci, the now-deceased former director of the election crimes unit, wrote to an official in a local prosecutor’s office in 2022, according to an email obtained by The New York Times through a public records request.Andrew Ladanowski, a former analyst for the unit who describes himself as an elections data hobbyist, said he spent weeks combing through voter records from the 2020 election. He had expected to find thousands of cases of illegal votes, but pickings were slim. “I can safely say there was no large-scale fraud that could have had a change in a state or a national election. It wasn’t sufficient,” he said.Jeff Brandes, a Republican former state senator who opposed the election crimes unit, described it as largely “Kabuki theater.”Five days before Florida’s 2022 primary election, the governor, then running for re-election, announced third-degree felony charges against Mr. Hart and 19 other ex-felons.Nathan Hart, a 50-year-old ex-felon from near Tampa, is among 32 people who have been charged with election crimes under the new initiative.Thomas Simonetti for The Washington Post, via Getty ImagesA 2018 ballot initiative allowed former felons to vote but exempted those who had been convicted of murder or sex offenses. Defendants and their lawyers have said they were unaware of that distinction. They said they thought they could vote because the state had allowed them to register and issued them voter registration cards.At a news conference announcing the charges, Mr. DeSantis said more cases from the 2020 election were to come. “This is the opening salvo,” he said.But by the end of 2022, the unit had announced only one other case against a 2020 voter. Mr. Ladanowski said by the time he had left in December, the team had moved on to vetting the current voter rolls.As of July, the election crimes unit had referred nearly 1,500 potential cases to local or state law enforcement agencies, according to the governor’s office. Just 32 — or 2 percent — had resulted in arrests or warrants, and those cases were unrelated to the purportedly systematic abuses that elections activists claimed had tainted the 2020 election.Thirteen of the defendants had been convicted of felonies. Defense attorneys said that some ex-felons accepted plea deals simply out of fear of being sent back to prison, and that none received a stiffer penalty than probation. Appeals court judges are now considering whether the state prosecutors had the legal authority to bring charges.The election crimes unit also fined more than three dozen organizations that ran voter registration drives a total of more than $100,000 — much of that for failing to turn in the voter registration forms quickly enough.The governor has said that even a limited number of arrests will deter voter fraud. Press officers for the secretary of state and the state law enforcement agency said the DeSantis administration expected courts to eventually decide that it acted within its authority, and that investigations of mass fraud like ballot harvesting are complex, time-consuming and still open.Warning Against ‘the Left’s Schemes’Mr. DeSantis endorsed Doug Mastriano, a vocal election denier running for governor, during a rally in Pittsburgh in 2022.Maddie McGarvey for The New York TimesIn August 2022, the day after he announced the election crime unit’s first arrests, Mr. DeSantis went to Pennsylvania to endorse Doug Mastriano, a vocal election denier running for governor.The trip was another chance for the governor to show election activists he gets it. Onstage with a man who had worked with Mr. Trump’s lawyers to send an “alternate” slate of electors to Washington, Mr. DeSantis spoke carefully.He did not mention the 2020 result, but he stressed that his state had cracked down on illegal voters. “We’re going to hold ’em accountable,” he told an enthusiastic crowd, ending his speech with an exhortation to “take a stand against the left’s schemes.”Mr. DeSantis continued to dance around the 2020 election for another year, while his policies sent a strong message to the Republican base.In March 2023, Cord Byrd, Mr. DeSantis’s secretary of state, announced that Florida would pull out of ERIC, the system Mr. DeSantis had ordered the state to join in 2019.Only a few weeks earlier, Mr. Byrd had called ERIC the “only and best game in town” to identify people who had voted in two different states, according to the notes of a private call he had with Florida activists allied with Ms. Mitchell. The notes were provided by the investigative group Documented. In its annual report, the election crimes unit also described ERIC as a useful tool.But Ms. Mitchell’s group and other critics had attacked the system as part of a liberal conspiracy to snatch Republican electoral victories. Mr. Byrd said publicly that Florida had lost confidence in it, and his agency cited ERIC’s failure to correct “partisan tendencies.”In Florida, activists celebrated the victory. But they also want more. In interviews they said they were frustrated that the election crimes unit hasn’t brought more charges or validated their claims of mass elections malfeasance.And when Mr. DeSantis finally said last month that “of course” Mr. Biden had won the 2020 election, he faced the sort of reaction he had long tried to avoid.“It’s a betrayal,” said Wesley Huff, a Florida elections activist who has been involved in Defend Florida and other groups.Trip Gabriel More

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    Special Grand Jury in Georgia Recommended Charging Lindsey Graham in Trump Case

    A special grand jury made the recommendation last year after hearing from dozens of witnesses on whether Donald J. Trump and his allies interfered in the 2020 election.A special grand jury that investigated election interference allegations in Georgia recommended indicting a number of Trump allies who were not charged, including Senator Lindsey Graham of South Carolina, the former senators David Perdue and Kelly Loeffler of Georgia, and Michael Flynn, a former national security adviser.In its final report, which a judge unsealed on Friday, the panel also recommended charges against Boris Epshteyn, one of former President Donald J. Trump’s main lawyers, as well as a number of other Trump-aligned lawyers, including Cleta Mitchell and Lin Wood.Mr. Trump and 18 allies were charged in a racketeering indictment that was handed up last month by a regular grand jury in Fulton County, Ga.The special grand jury, which Fulton County prosecutors convened to help with the investigation, met at an Atlanta courthouse from June to December of last year. It spent much of that time hearing testimony from 75 witnesses on the question of whether Mr. Trump or any of his allies had sought to illegally overturn his 2020 election loss in the state.Under Georgia law, the panel could not issue indictments itself. In the Trump case, that task fell to a regular grand jury that was seated over the summer. The regular grand jury heard evidence from prosecutors for one day in early August before voting to indict all 19 defendants whom prosecutors had sought to charge.The special grand jury’s mandate was to write a report with recommendations on whether indictments were warranted in the investigation, which was led by Fani T. Willis, the Fulton County district attorney. Ms. Willis asked to convene a special grand jury because such panels have subpoena powers, and she was concerned that some witnesses would not cooperate without being subpoenaed.Portions of the report were publicly released in February, but those excerpts did not indicate who had been recommended for indictment, or on what charges. The release of the full nine-page report this week was ordered by Judge Robert C.I. McBurney of Fulton County Superior Court.Read the Report by the Special Grand Jury in Georgia That Investigated President TrumpThe special grand jury investigated whether Mr. Trump interfered in the 2020 election in the state. Their report included recommendations on whether indictments were warranted, and for whom.Read DocumentMr. Epshteyn declined on Friday to comment about the report. Others whom the advisory panel recommended for indictment did not immediately respond to requests for comment.After the special grand jury recommended indictments of about 40 people, the district attorney had to weigh which prosecutions would be the most likely to succeed in court. A potential case against Mr. Graham, for example, would have been hampered by the fact that there were conflicting accounts of telephone calls he made to a top Georgia official. Mr. Graham has repeatedly said that he did nothing wrong.Fulton County prosecutors indicated in court filings last year that they were interested in those calls by Mr. Graham, a onetime critic of Mr. Trump who became a staunch supporter. They were made shortly after the November 2020 election to Brad Raffensperger, Georgia’s secretary of state.Mr. Raffensperger has said that in those calls, Mr. Graham suggested the rejection of all mail-in votes from Georgia counties with high rates of questionable signatures, a step that would have excluded many more Democratic votes than Republican ones. But the phone calls are not known to have been recorded, and recollections differ about exactly what was said — factors that probably figured in the decision not to charge Mr. Graham.In a filing seeking Mr. Graham’s testimony, prosecutors said that he “questioned Secretary Raffensperger and his staff about re-examining certain absentee ballots cast in Georgia in order to explore the possibility of a more favorable outcome for former President Donald Trump,” and “made reference to allegations of widespread voter fraud” during those calls.A few weeks after the calls, Mr. Trump followed up with a call of his own to Mr. Raffensperger on Jan. 2, 2021, saying that he wanted to “find” roughly 12,000 votes, enough to reverse his loss in Georgia. Mr. Trump’s call, which was recorded, is the basis for a number of charges in the 98-page indictment.Mr. Graham has characterized as “ridiculous” the idea that he had suggested to Mr. Raffensperger that he throw out legally cast votes, and the senator’s lawyers have argued that he was carrying out a legitimate investigative function as a member of the Senate Judiciary Committee. In a bid to avoid testifying before the special grand jury last year, Mr. Graham waged a legal battle that made its way to the U.S. Supreme Court. Ultimately, he was forced to testify.Afterward, he said that he had spent two hours giving testimony behind closed doors, where he said he “answered all questions.”Mr. Graham has been critical of prosecutors in the Georgia case and the three other criminal cases against Mr. Trump, characterizing them as liberals who were “weaponizing the law” to unfairly target the former president.After the Georgia indictment, Mr. Graham told reporters in South Carolina that he was not cooperating with the Fulton County prosecutors, dismissing the idea as “crazy stuff.”“I went, had my time, and I haven’t heard from them since,” he said. More