More stories

  • in

    Why Fox News Lied to the Viewers It ‘Respects’

    There are some stories that are important enough to pause the news cycle and linger on them, to explore not just what happened, but why. And so it is with Fox News’s role in the events leading up to Jan. 6, 2021. Thanks to a recent filing by Dominion Voting Systems in its defamation lawsuit against Fox, there is now compelling evidence that America’s most-watched cable news network presented information it knew to be false as part of an effort to placate an angry audience. It knowingly sacrificed its integrity to maintain its market share.Why? There are the obvious reasons: Money. Power. Fame. These are universal human temptations. But the answer goes deeper. Fox News became a juggernaut not simply by being “Republican,” or “conservative,” but by offering its audience something it craved even more deeply: representation. And journalism centered on representation ultimately isn’t journalism at all.To understand the Fox News phenomenon, one has to understand the place it occupies in Red America. It’s no mere source of news. It’s the place where Red America goes to feel seen and heard. If there’s an important good news story in Red America, the first call is to Fox. If conservative Christians face a threat to their civil liberties, the first call is to Fox. If you’re a conservative celebrity and you need to sell a book, the first call is to Fox.And Fox takes those calls. In the time before Donald Trump, I spent my share of moments in Fox green rooms and pitching stories to Fox producers. I knew they were more interested in stories about, say, religious liberty than most mainstream media outlets were. I knew they loved human-interest stories about virtuous veterans and cops. Sometimes this was good — we need more coverage of religion in America, for example — but over time Fox morphed into something well beyond a news network.Fox isn’t just the news hub of right-wing America, it’s a cultural cornerstone, and its business model is so successful that it’s more accurate to think of the rest of the right-wing media universe not as a collection of competitors to Fox, but rather as imitators. From television channels to news sites, right-wing personalities aren’t so much competing with Fox as auditioning for it.Take, for example, the online space. Fox News is so dominant that, according to data from December, you could take the total traffic of the next 19 conservative websites combined, and still not reach half of Fox’s audience.But that kind of loyalty is built around a social compact, the profound and powerful sense in Red America that Fox is for us. It’s our megaphone to the culture. Yet when Fox created this compact, it placed the audience in charge of its content.During the Trump years, Fox faithfully upheld its end of the bargain. If you were Republican and felt embattled for supporting Donald Trump, a quick visit to Fox (especially in prime time) would calm your mind and soothe your soul. There you’d be reminded that the Democrats are the real radicals. That the Democrats are the true threat to America. And if you voted for Trump even though you were uncomfortable with some of his conduct, it was only because “they” forced your hand.As the Trump years wore on, the prime-time messaging became more blatant. Supporting Trump became a marker not just of patriotism, but also of courage. And what of conservatives, like myself, who opposed Trump? We were “cowards” or “grifters” who sold our souls for 30 pieces of silver and airtime on MSNBC.Our disagreement was cast as an act of outright betrayal. People like me had allegedly turned our backs on our own community. We had failed in our obligation to be their voice.So you can start to understand the shock when, on Election Day in 2020, Fox News accurately, if arguably prematurely, called Arizona for Joe Biden. It broke the social compact. By presuming the fairness of the election and by declaring Joe Biden the winner of a previously red state, Fox sent a message to its own audience — an audience that had been primed to mistrust election results by Trump and by reports on Fox News — that it did not hear them. It did not see them.In the emails and texts highlighted in the Dominion filing, you see Fox News figures, including Sean Hannity and Suzanne Scott and Lachlan Murdoch, referring to the need to “respect” the audience. To be clear, by “respect” they didn’t mean “tell the truth” — an act of genuine respect. Instead they meant “represent.”Representation can have its place. Fox’s deep connection with its conservative audience means that it can be ahead of the rest of the media on stories that affect red states and red culture.But there is a difference between coming from a community and speaking for a community. In journalism, the former can be valuable, but the latter can be corrupt. It can result in audience capture (writing to please your audience, not challenge it) and in fear and timidity in reporting facts that contradict popular narratives. And in extreme instances — such as what we witnessed from Fox News after the 2020 presidential election — it can result in almost cartoonish villainy.There are courageous reporters at Fox. We learned some of their names in the Dominion filing. They were the people who had the courage to tell the truth. But then there are the leaders, and the prime-time stars. Tough? Courageous? Hardly. When push comes to shove, they embody the possibly apocryphal remark of the French revolutionary Alexandre Auguste Ledru-Rollin: “There go the people. I must follow them, for I am their leader.” And follow them they did, straight into a morass of lies and conspiracy theories that should undermine Fox’s credibility for years to come.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Michigan G.O.P. Leadership Race Fixates on Election Deniers

    Matthew DePerno and Kristina Karamo, both Trump loyalists who resoundingly lost their midterm races, are the front-runners to lead the state party.LANSING, Mich. — Trump loyalists are expected to cement their takeover of Michigan’s Republican Party during its leadership vote on Saturday, most likely elevating one of two election deniers whose failed bids for office in November were emblematic of the party’s midterm drubbing in the state.Matthew DePerno, an election conspiracy theorist who is under investigation in a case involving voting equipment that was tampered with after the 2020 presidential race, is widely considered a front-runner from a field of 11 that includes no high-profile members of the Republican old guard.His closest rival appears to be Kristina Karamo, another vocal champion of former President Donald J. Trump’s election falsehoods. Both lost resoundingly last fall: Mr. DePerno, in his run for attorney general, by eight percentage points and Ms. Karamo by 14 points in the secretary of state race.The selection of either Mr. DePerno or Ms. Karamo would signal a recommitment to Mr. Trump as the state party’s north star, even though voters rejected many of his favored candidates in the midterms. The fractured state G.O.P. appears to have either purged or alienated more moderate voices and is now plotting a defiant course as the 2024 presidential election approaches.Mr. Trump urged Republican delegates to back Mr. DePerno during a telephone rally on Monday, saying that winning Michigan in 2024 was critical to his returning to the presidency. Mike Lindell, the MyPillow chief executive who has sowed conspiracy theories about election fraud, also endorsed Mr. DePerno and showed up Friday night during a packed event to support him at The Nuthouse, a sports bar near the convention center. A vehicle with video billboards on its sides touting Ms. Karamo’s candidacy circled the bar outside.Kristina Karamo at the party convention in Lansing, Mich., this past week. She lost her secretary of state race by 14 points in November.Emily Elconin for The New York TimesA consultant for Mr. DePerno, Patrick Lee, declined to answer questions about the leadership vote or the status of a prosecutor’s inquiry into the voting machines breach. But Mr. DePerno, a lawyer who has maintained that he did not break the law, used the call with Mr. Trump to cast himself as an aggressive tactician who would return the state Republican Party to viability.Ms. Karamo did not respond to requests for comment.The party’s hard-right transformation has exasperated more traditional Republicans, who said in interviews that refusal to heed the lessons of the midterms would deepen the competition gap politically and financially between the G.O.P. and Democrats in a battleground state.Former Representative Peter Meijer, whom Republican primary voters ousted last year after he voted to impeach Mr. Trump after the Jan. 6, 2021, attack on the Capitol, said in a recent interview that the state party was on the wrong track.Understand the Events on Jan. 6Timeline: On Jan. 6, 2021, 64 days after Election Day 2020, a mob of supporters of President Donald J. Trump raided the Capitol. Here is a close look at how the attack unfolded.A Day of Rage: Using thousands of videos and police radio communications, a Times investigation reconstructed in detail what happened — and why.Lost Lives: A bipartisan Senate report found that at least seven people died in connection with the attack.Jan. 6 Attendees: To many of those who attended the Trump rally but never breached the Capitol, that date wasn’t a dark day for the nation. It was a new start.“In our state, this civil war is benefiting no one but the Democrats,” he said. “Part of what the Republican Party in the state of Michigan needs to get back to is being a broad tent. To me, the fundamental challenge is, how do you rebuild trust in the state party after losses like we saw in November?”Democrats swept the governor’s race and other statewide contests last fall, in addition to flipping the full Legislature for the first time in decades.“Sadly, it looks like they want an encore,” said former Representative Fred Upton, a Republican who declined to run for re-election last year after also voting to impeach Mr. Trump.Matthew DePerno at a rally in October. Mr. DePerno lost his bid for attorney general in Michigan by eight points.Brittany Greeson for The New York TimesGarrett Soldano, an unsuccessful G.O.P. candidate for governor last year who has balked at acknowledging Mr. Biden’s 2020 victory, is running for co-chairman on the same pro-Trump “America First” ticket as Mr. DePerno..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.They both have called for reinventing the party’s donor base to include more grass-roots supporters, as has Ms. Karamo, a departure from recent history when Michigan Republicans had become reliant on prolific donors like Ron Weiser, its departing chairman, and the powerful DeVos family. But the party’s financial reserves have dwindled.Meshawn Maddock, the party’s departing co-chair, has attributed Republican losses in the state to the lack of support from longstanding donors, saying in a private briefing in November that big donors would rather “lose this whole state” than help the party’s candidates because they “hate” Mr. Trump, The Detroit News reported. Ms. Maddock did not respond to requests for comment.Both Mr. DePerno and Ms. Karamo were badly out-raised by their opponents in last year’s election, raising questions about their ability to mine cash from political donors.“Donors have said, ‘we’re not buying the crazies that you’re selling,’” said Jeff Timmer, a senior adviser for the Lincoln Project, an anti-Trump group, and a former Republican who previously served as executive director of the Michigan Republican Party.Some current and former Republican leaders in the state have suggested that Betsy DeVos, Mr. Trump’s estranged former education secretary who raised the idea of using the 25th Amendment to have him removed from office after the Capitol riot, is pulling back from the state party.The DeVos family did not marshal dollars for Mr. DePerno and Ms. Karamo last year, but it did pour $2.9 million into a super PAC supporting Tudor Dixon, a Trump-endorsed Republican who lost the governor’s race, according to campaign finance records, and it gave at least $1 million to Michigan Republicans during the most recent campaign cycle. Nick Wasmiller, a spokesman for the DeVos family, said they “invest based on enduring first principles, not fleeting flash points of the day” and in “those they believe have a serious and credible plan to win.”Michigan’s Republicans will pick a new chair during a leadership vote on Saturday. Emily Elconin for The New York TimesMr. DePerno and Mr. Soldano have outlined an intent to pack the party’s leadership ranks with Trump loyalists, close primaries to just Republicans and ratchet up the distribution of absentee ballot applications to G.O.P. voters — despite what Mr. DePerno said was lingering opposition to voting by mail within the party’s ranks.Mr. Soldano echoed Mr. DePerno during a Facebook Live broadcast on Monday, saying that relying on Election Day votes had become a flawed strategy for Republicans.“We can’t just scream anymore, ‘Hey, just show up and vote,’ because it didn’t work,” he said.While Mr. DePerno has nabbed the big-name endorsements, Ms. Karamo has her fans as well — including Mr. Forton, who said that if he doesn’t get enough votes to win he would support her instead.He highlighted that after the November election — when Ms. Karamo lost the secretary of state’s race — she did not concede, while Mr. DePerno eventually did.“To a lot of us, that makes her somewhat of a heroine,” Mr. Forton said of Ms. Karamo’s defiance.But Mr. DePerno’s legal entanglements — including the open investigation into his role in accessing voting machines after the 2020 election — have also burnished his standing with right-wing stalwarts, according to Mr. Timmer. He described Mr. DePerno as having the “it” factor for many convention delegates.“It’s similar to Trump,” he said.Last August, Michigan’s attorney general, Dana Nessel, a Democrat who went on to defeat Mr. DePerno in the November election, asked for a special prosecutor to be appointed to consider criminal charges against him and eight other election deniers in connection with what Ms. Nessel characterized as the illegal tampering with voting machines used in the 2020 election.Ms. Nessel referred to Mr. DePerno as “one of the prime instigators of the conspiracy,” but said it would not be appropriate for her to conduct an investigation into her political opponent.D.J. Hilson, the special prosector in the case, an elected Democrat from Muskegon County, said in an email on Feb. 10 that the investigation was still open. He declined to comment further and would not say whether Mr. DePerno had been subpoenaed. More

  • in

    The Times Asks Judge to Unseal Documents in Fox News Defamation Case

    Most of the evidence in the case has remained under seal at the request of Fox’s lawyers.The New York Times asked a judge on Wednesday to unseal some legal filings that contain previously undisclosed evidence in a defamation suit brought against Fox News by Dominion Voting Systems, a company targeted with conspiracy theories about rigged machines and stolen votes in the 2020 election.Most of the evidence in the case — including text messages and emails taken from the personal phones of Fox executives, on-air personalities and producers in the weeks after the election — has remained under seal at the request of lawyers for the network.Federal law and the law in Delaware, where the case is being heard, broadly protect the public’s right of access to information about judicial proceedings. The law allows for exceptions if a party in a lawsuit can show good cause to keep something under seal, such as a company seeking to protect a trade secret or financial information.The judge in the case, Eric M. Davis, has cautioned that neither Fox nor Dominion was entitled to keep information secret for reasons not covered by those limited exceptions, including, he said last month, the fact that something “may be embarrassing.”Dominion filed the lawsuit in early 2021, arguing that “Fox sold a false story of election fraud in order to serve its own commercial purposes.” It is asking for $1.6 billion in damages from the network and its parent company, Fox Corporation.Fox has defended itself by claiming that the commentary of its hosts and guests was protected under the First Amendment, and that the allegations of fraud made by former President Donald J. Trump and his allies were inherently newsworthy, even if they were false.The Times argued that the law tilts heavily toward the public’s right to access even if it also allows for limited exceptions. The Times is being joined by National Public Radio in its request to make public hundreds of pages of documents filed under seal this month by Fox and Dominion.Dominion’s suit, The Times said in its filing with Judge Davis, “is unquestionably a consequential defamation case that tests the scope of the First Amendment.”Further, the complaint said, the suit “undeniably involves a matter of profound public interest: namely, how a broadcast network fact-checked and presented to the public the allegations that the 2020 presidential election was stolen and that plaintiff was to blame.”David McCraw, The Times’s deputy general counsel, said in a statement: “The public has a right to transparent judicial proceedings to ensure that the law is being applied fairly. That is especially important in a case that touches upon political issues that have deeply divided the country.”Judge Davis has scheduled a trial for April. More

  • in

    Will Trump Face Criminal Charges in Georgia Election Inquiry?

    The House Jan. 6 committee report offered fresh evidence that former President Donald J. Trump was at the center of efforts to overturn election results in Georgia.A few weeks after losing the 2020 election, President Donald J. Trump called Ronna McDaniel, the head of the Republican National Committee, with a plan for keeping himself in office. During the call, he asked John C. Eastman, an architect of the strategy, to lay it out: Trump supporters in states that the president had lost would act as if they were official Electoral College delegates, an audacious scheme to circumvent voters.After the plan was put in motion, Ms. McDaniel forwarded an “elector recap” report to Mr. Trump’s executive assistant, who replied soon after, “It’s in front of him!”Such details, from the report released in December by the House committee that investigated the Jan. 6 attack on the Capitol, offer fresh evidence that Mr. Trump was not on the periphery of the effort to overturn the election results in Georgia but at the center of it.For the last two years, prosecutors in Atlanta have been conducting a criminal investigation into whether the Trump team interfered in the presidential election in Georgia, which Mr. Trump narrowly lost to President Biden. With the wide-ranging inquiry now entering the indictment phase, the central question is whether Mr. Trump himself will face criminal charges.Legal analysts who have followed the case say there are two areas of considerable risk for Mr. Trump. The first are the calls that he made to state officials, including one to Brad Raffensperger, the Georgia secretary of state, in which Mr. Trump said he needed to “find” 11,780 votes. But the recently released Jan. 6 committee transcripts shed new light on the other area of potential legal jeopardy for the former president: his direct involvement in recruiting a slate of bogus presidential electors in the weeks after the 2020 election.The Atlanta prosecutors have moved more quickly than the Department of Justice, where a special counsel, Jack Smith, was recently appointed to oversee Trump-related investigations. This month, the Fulton County Superior Court disbanded a special grand jury after it produced an investigative report on the case, concluding months of private testimony from dozens of Trump allies, state officials and other witnesses.Election personnel count absentee ballots in Atlanta in November 2020.Audra Melton for The New York TimesThe report remains secret, although a hearing is scheduled for Tuesday to determine if any or all of it will be made public. Nearly 20 people known to have been named targets of the investigation could face charges, including Rudolph W. Giuliani, Mr. Trump’s former personal lawyer, and David Shafer, the head of the Georgia Republican Party.Fani T. Willis, the district attorney of Fulton County, which encompasses most of Atlanta, will need to make her case to a regular grand jury if she seeks indictments, which would likely come by May. That means the nation could be in for months more waiting and speculating, particularly if a judge decides after this week’s hearing not to make public the report’s recommendations.Mr. Trump’s lawyers said in a statement Monday that they would not be at Tuesday’s hearing, adding that Mr. Trump “was never subpoenaed nor asked to come in voluntarily by this grand jury or anyone in the Fulton County District Attorney’s Office.”Understand Georgia’s Investigation of Election InterferenceCard 1 of 5An immediate legal threat to Trump. More

  • in

    In Pennsylvania, the 2020 Election Still Stirs Fury. And a Recount.

    Election deniers in Lycoming County convinced officials to conduct a 2020 recount, a three-day undertaking that showed almost no change, but left skeptics just as skeptical.WILLIAMSPORT, Pa. — On the 797th day after the defeat of former President Donald J. Trump, a rural Pennsylvania county on Monday began a recount of ballots from Election Day 2020.Under pressure from conspiracy theorists and election deniers, 28 employees of Lycoming County counted — by hand — nearly 60,000 ballots. It took three days and an estimated 560 work hours, as the vote-counters ticked through paper ballots at long rows of tables in the county elections department in Williamsport, a place used to a different sort of nail-biter as the home of the Little League World Series.The results of Lycoming County’s hand recount — like earlier recounts of the 2020 election in Wisconsin, Georgia and Arizona — revealed no evidence of fraud. The numbers reported more than two years ago were nearly identical to the numbers reported on Thursday.A ballot cast for former President Donald J. Trump that was part of the county’s recount.Kriston Jae Bethel for The New York TimesMr. Trump ended up with seven fewer votes than were recorded on voting machines in 2020. Joseph R. Biden Jr. had 15 fewer votes. Overall, Mr. Trump gained eight votes against his rival. The former president, who easily carried deep-red Lycoming County in 2020, carried it once again with 69.98 percent of the vote — gaining one one-hundredth of a point in the recount.Did that quell the doubts of election deniers, who had circulated a petition claiming there was a likelihood of “rampant fraud” in Lycoming in 2020?It did not.“This is just one piece of the puzzle,” said Karen DiSalvo, a lawyer who helped lead the recount push and who is a local volunteer for the far-right group Audit the Vote PA. “We’re not done.”Forrest Lehman, the county director of elections, oversaw the recount but opposed it as a needless bonfire of time, money and common sense. He sighed in his office on Friday.“It’s surreal to be talking about 2020 in the present tense, over two years down the road,” he said. He attributed the slight discrepancies between the hand recount and voting machine results to human error in reading ambiguous marks on the paper ballots.Lycoming County’s recount was part of the disturbing trend of mistrust in elections that has become mainstream in American politics, spurred by the lies of Mr. Trump and his supporters. Amid the Appalachian ridges in north-central Pennsylvania, such conspiracy theories have firmly taken hold.The county’s election professionals spent months responding to the arguments of the election deniers in public hearings and fielding their right-to-know requests for the minutiae of voting records. Mr. Lehman said he did not think an encounter with the facts would change the views of some people.“You close one election-denying door, they’ll open a window,” he said.Mr. Trump hosted a campaign rally in Lycoming County at the Williamsport Regional Airport in October 2020. Anna Moneymaker for The New York TimesOne of the residents who pushed for the hand recount, Jeffrey J. Stroehmann, the former chair of Mr. Trump’s 2020 campaign in Lycoming County, said he was happy the results matched the 2020 voting machine counts, though he said other questions needed to be addressed.“Our goal from Day 1 when we approached the commissioners, we said our goal here is not to find fraud — if we find it, we’ll fix it — we just want to restore voter confidence,” said Mr. Stroehmann, a founder of the far-right Lycoming Patriots group.He and Ms. DiSalvo were inspired by the debunked claims of a retired Army officer named Seth Keshel, who gained attention in 2021 with the assertion that there were 8 million “excess votes” cast for Mr. Biden. His analysis has been dismissed by professors at Harvard, the University of Georgia and the Massachusetts Institute of Technology.A petition circulated by Ms. DiSalvo and Mr. Stroehmann noted that registered Republicans grew their numbers in Lycoming County compared with Democrats from 2016 to 2020, but that Mr. Biden managed to win more votes than Hillary Clinton. Election deniers found this suspicious.“If Republicans GAINED voters and Democrats LOST voters — why did Biden receive 30% MORE votes in the November 2020 election than Hillary Clinton did in 2016?” their petition asked.Mr. Lehman called the argument nonsensical. Party registration does not dictate how someone will vote, he said. Mr. Biden outperformed Mrs. Clinton in nearly every Pennsylvania county in the 2020 election. Mr. Trump also raised his vote totals in the county by 16 percent.“The voters’ unpredictability — it makes democracy both majestic and messy,” Mr. Lehman told county commissioners at a hearing last year. The commission ultimately approved the recount two to one, along partisan lines.Mr. Lehman monitoring ballots being recounted in Williamsport on Wednesday.Pat Crossley/Williamsport Sun-GazetteElection officials at every level have been harassed and vilified since 2020, when election conspiracists echoing Mr. Trump blamed officials and helped inspire the “Stop the Steal” movement. On an election conspiracy show that was streamed on Rumble, Mr. Stroehmann called for an investigation into Mr. Lehman, who he said is “part of the steal.”“Our director of voter services is playing for the other team,” Mr. Stroehmann said on the show. “He’s as liberal as the day is long.”Richard Mirabito, a Lycoming County commissioner who is a Democrat, said there was no evidence whatsoever of wrongdoing by Mr. Lehman. “He’s held in the highest esteem of integrity,” he said. “Those kinds of statements undermine the confidence of people in our system.”Mr. Mirabito voted against the recount but was overruled by the two Republicans on the board. Scott L. Metzger, a Republican and the chair of the county commission, also vouched for Mr. Lehman. “He’s done an outstanding job,’’ he said. After the 2022 midterms, requests for recounts in Pennsylvania races that were not close inundated counties, delaying the certification of some results. In Arizona and New Mexico, rural county commissions held up certifying primary or general election results last year.Across the country, a wave of Trump-backed election conspiracists who ran for statewide offices with control over voting lost their races. But some election deniers won races at the local level, where pressure by activists on officials has a better chance of yielding results.Officials in Lycoming County, a rural area of north-central Pennsylvania, were still estimating the final cost of the recount.Kriston Jae Bethel for The New York TimesMr. Metzger — one of the two Republicans on the commission who approved the recount — said that he voted for it after thousands of people signed petitions, and others approached him on the street saying they didn’t want to vote because they distrusted the system. Now that the recount matched what voting tabulator machines showed in 2020 and that there was no evidence of fraud, Mr. Metzger said, it was time to move on. “As far as I’m concerned, I’m done with it,” he said.Before the commissioners voted for the recount, Ms. DiSalvo and Mr. Stroehmann presented the results of what they called a door-to-door canvass of some county residences. The canvassing was conducted by volunteers from Audit the Vote PA, a group founded in 2021 under the false belief that Mr. Trump, not Mr. Biden, won Pennsylvania.Canvassers claimed to have found multiple “anomalies,” including votes that were tabulated from people in nursing homes who did not recall voting, as well as people who said they had voted, though there was no record of it.Mr. Lehman said he and his staff addressed each case. For those in nursing homes, the election office pulled records showing they had returned a mail ballot with their signature on the envelope. The canvass, he said, lacked rigor, adding that he was not surprised some people might have claimed to have voted in a face-to-face interview when they actually had not.Election deniers have no plans to stand down. They have requested reams of documents that they believe will expose fraud once and for all.“We’ve received a series of crazy records requests,” Mr. Lehman said. “You can quote me. They are insane.”Stacks of boxes containing ballots from the 2020 election, which are stored in a secure room of the county’s elections department. Kriston Jae Bethel for The New York TimesElection deniers asked for copies of every application for a mail ballot, requiring Mr. Lehman and his staff to laboriously redact all personal information. They are pressing for copies of every ballot cast on Election Day 2020, and they have gone to court to seek digital data from the voting machines at each of the 81 county precincts.Though observers from both parties watched the hand recount this week, Ms. DiSalvo raised questions about the process, including that Mr. Lehman oversaw the adding up of the recounted votes.“We asked to see the tally sheets before the final processing and were denied,” Ms. DiSalvo said, referring to the paperwork used by ballot counters. The elections director, she added, had a “vested interest in making sure the numbers aligned.”Her group has filed a right-to-know request for the hand-count tally sheets.Mr. Lehman, a former Eagle Scout and teacher, displays two iconic photographs in his office. One shows Harry S. Truman in 1948 holding aloft the famously erroneous “Dewey Defeats Truman” newspaper headline. The other shows Lyndon Johnson solemnly taking the oath of office on Air Force One in 1963 following the assassination of President Kennedy.“They’re both transitions of power,” Mr. Lehman said. “One is comic, the other tragic. We’ve managed to process them both as a country. I don’t know which category to put 2020 in. We need to get back to a place where we can process the outcomes of elections in a constructive, healthy way.” More

  • in

    After Election Problems in Houston, Republicans Seek to Overturn Results

    A growing number of contests to elections in Texas’ Harris County are a broad attempt to cast doubt on an Election Day that officials concede had problems.HOUSTON — Jon Rosenthal has seen some close races, but his re-election to the Texas State House in November, in a Houston district redrawn to be a virtual lock for Democrats, was not one of them. Mr. Rosenthal won by 15 points.So it came as a surprise when his Republican challenger in the race contested the results, petitioning the State Legislature to order a new election.Another surprise came late Thursday when the Republican candidate for the top executive position in Harris County, which includes Houston, announced that she, too, would contest her much narrower loss, by about 18,000 votes, to the progressive Democrat who is the county’s incumbent chief executive, Lina Hidalgo. By Friday, more than a dozen losing Republican candidates had filed suits to contest the results of their races.Election Day in Harris County, Texas’ largest county, saw a range of problems at polling places, including some that opened late and others that ran out of paper for printing voted ballots. A court ordered the polls to stay open an extra hour to compensate; then the Texas Supreme Court stepped in and halted the extra voting.Republicans, who have been watching closely for election issues in races around the country, seized on the difficulties in Harris County, which is becoming a Democratic stronghold. Candidates called into question the reliability of the results in a bitter and expensive campaign that failed to dislodge Ms. Hidalgo and a slate of Democratic judges.“It is inexcusable that after two months, the public is no further along in knowing if, and to what extent, votes were suppressed,” said Alexandra del Moral Mealer in explaining her decision to contest her loss to Ms. Hidalgo, adding that her challenge was “fundamentally about protecting the right to vote in free and fair elections.”Candidates called into question the reliability of the results in a bitter campaign that ended with Republicans failing to oust Lina Hidalgo and a slate of Democratic judges. Annie Mulligan for The New York TimesElection contests are not uncommon in Texas, often involving down-ballot races in small counties where the margins are often notably slim. But the challenges in Harris County appeared to be uniquely broad in their attempt to cast doubt on much of the voting process in an election that involved 1.1 million votes. They followed calls from state leaders, including Gov. Greg Abbott, for an investigation into the county’s handling of the election. The local district attorney opened an inquiry in November.The election contests in Harris County have at times resembled the one mounted in Arizona by the Republican candidate for governor, Kari Lake, who has sought to overturn her loss by claiming that election officials in one major county deliberately disenfranchised her voters. A judge dismissed her claims last month for lack of evidence.But the latest contests in Texas have little precedent, said the Harris County attorney, Christian Menefee, a Democrat. “To my knowledge, this is the first election contest filed in Harris County that is wholly focused on these kinds of process failures,” Mr. Menefee said in an interview.The sprawling Texas county has shifted more decisively in the direction of Democrats in the last few election cycles, following in the direction of other major Texas population centers.For a variety of reasons, it has struggled to conduct elections smoothly, drawing repeated scrutiny from Republican lawmakers in the State Capitol. The county’s size has been a challenge, covering an area nearly the size of Delaware with 2.5 million registered voters and more than 700 polling places. It has struggled with newly mandated voting systems and has not had steady leadership at its elections office, with three different administrators since 2020.An audit of the 2020 election, conducted by the secretary of state, highlighted a range of issues, including instances where Harris County did not handle its electronic records properly, though there was no evidence of widespread fraud.Several steps that the county took during the coronavirus pandemic to make it easier to vote in Houston — such as limited 24-hour voting and drive-through polling places — also drew criticism from Republicans, who argued that the changes had made the election less secure. The Republican-dominated State Legislature, in its last session, took steps to curtail many of the measures.Voters waited in line at Damascus Missionary Baptist Church on Election Day in Houston in November.Annie Mulligan for The New York TimesOn Election Day in November, the county experienced problems at a number of polling places, including several that were significantly delayed in opening and others that reported running out of paper ballots.A judge ordered polling places in the county to remain open for an extra hour after the Texas Organizing Project, a nonprofit, filed suit over the issues, claiming that voters were being prevented from casting ballots. The Texas Supreme Court stepped in and stayed the ruling in response to a challenge from the Republican attorney general, Ken Paxton. The court eventually allowed about 2,000 provisional ballots that were cast during the extra voting time to be added to the official count.The county elections administrator, Clifford Tatum, has defended the election process and said the issues that came up reflected small problems in an otherwise well-run election. “Overall, Election Day was a success,” a postelection report from Mr. Tatum’s office concluded.But the report, released last week, also found that the county’s voting system was in “an immediate need of upgrades or replacements” to correct software issues, simplify voting day setup and create a system for the elections administrator to know in the moment whether problems reported at polling places had been resolved.The Harris County Republican Party has focused on a broad range of issues that arose on Election Day, including not only sites that ran out of paper ballots but also others where poll workers incorrectly fed paper ballots into the voting machines.In its report, the election administrator’s office said that officials at 68 voting centers reported running out of the initial allotment of paper on Election Day, and that only 61 of them said they had received deliveries of more paper.But it remained unclear how many voters were turned away because of the paper shortages, in part because, according to the report, some of the election judges “declined to speak after reportedly being advised not to do so by the Harris County Republican Party.”A spokeswoman for the county Republican Party, Genevieve Carter, denied any such instructions. “We encouraged them to provide their firsthand account of any issues that occurred,” she said. “Our goal is to get to the bottom of what went wrong during this election.”The party’s lawyers and leaders have not claimed that they can prove their candidates should have won. Instead, they have argued that the scope of the problems on Election Day were so great — including, they claimed, allowing some voters to cast ballots who were no longer eligible to do so in the county — that the true results in the election cannot be known; they are demanding that new elections be held. (More than two-thirds of the ballots were cast either during early voting or by mail, not on Election Day.)“We have a systematic cancer that has invaded our election process,” said the chair of the county Republican Party, Cindy Siegel.Democrats have not raised public challenges, but have privately complained that the repeated issues in the election process in Houston were not being adequately addressed, giving Republicans fuel for their efforts to pass new restrictive laws and, now, election contests.Jon Rosenthal said he believed the challenge to his election was frivolous, and that allowing it to go forward in the State House could cause future headaches for lawmakers. Kevin Dietsch/Getty ImagesOnly the candidates themselves can initiate the contests, and so far at least 14 have done so, including Ms. Mealer, a first-time candidate who received millions in campaign contributions from top Houston-area donors; Mr. Rosenthal’s challenger, Michael May; a candidate for county district clerk; and nine Republican judicial candidates.One of the earliest challenges came from a judicial candidate, Erin Lunceford, who lost by 2,743 votes, and filed suit late last year. Ms. Lunceford’s suit includes 19 separate claims of issues with the way votes were handled or counted during the November election and asks the court to void the judicial election and “declare that the true outcome of the election cannot be ascertained.” Ms. Lunceford is represented by Andy Taylor, an election lawyer for the county Republican Party.Ryan MacLeod, a lawyer for the Democrat who won the race, Tamika Craft, described the suit in court papers as a “stunt to make headlines” after an election was lost, and said that “no allegations are supported by facts” and that no evidence had been provided.In the latest challenge on Thursday to the outcome of the race for Harris County judge — effectively the county’s chief executive — Ms. Mealer’s lawyers focused primarily on the paper ballot issues, arguing that they had been concentrated in high-turnout Republican areas and that county officials had “suppressed the voting rights” of residents in those places.Ms. Hidalgo’s office referred questions to the county attorney, Mr. Menefee, who described the challenges as “frivolous attempts to overturn the votes of more than a million residents.”Unlike the other challenges, Mr. May’s contest to his loss against Mr. Rosenthal does not go before a judge, because it involved a State House race. Instead, under Texas law, it will be considered by state legislators, who reconvene this month. The House could decide that the challenge is frivolous and reject it quickly, or choose to investigate the allegations by gathering testimony and evidence before deciding whether the result should be voided and a new election held.Mr. May, in his petition, cited the paper ballot issues and argued that eligible voters were turned away and unable to cast ballots. He has not provided evidence and did not respond to a request for comment.Mr. Rosenthal said he believed the challenge was frivolous and that allowing it to go forward could cause future headaches for lawmakers.“If there is life given to this, and there is no consequence for bringing something this frivolous, you’re setting up for election challenges across the state,” he said. “You could have dozens of challenges per cycle.” More

  • in

    Donald Trump Is Weak. And Powerful. Now What?

    Everyone knows by now how many Trump candidates lost this year, especially the higher-profile, more hard-core ones who claimed the 2020 election was stolen. Kari Lake lost in Arizona. Doug Mastriano lost in Pennsylvania. Most of the notable pro-Trump secretary of state candidates lost. The Senate candidates, too. The Democrats even added on in Georgia on Tuesday, with the same, central animating force behind each development: that Donald Trump forced his party to run a candidate, Herschel Walker, who lost, weakening Mr. Trump and the party — a mutual descent.What everyone does not know by now is what to do with Mr. Trump’s third candidacy for president. What is this campaign? He’s a candidate without opponents, who has made less frequent public appearances since his announcement than he did before, whose party’s other notable members seem to want to move on but often still don’t really say so publicly. The 2022 incarnation of Mr. Trump is like some kind of trap: He keeps losing and forcing others to go with him, in part because of his and their nature and in part because without him, Republicans might not quite be able to win, either.Looming over every aspect of Mr. Trump’s current campaign is the simple question: Will this be like before? That has a technical, outcome-driven dimension (will he win and become president?) and a more cultural, psychological one (will he dominate American life, and will each day’s news turn on the actions and emotions of one person cascading through society?). Politics is about a lot more than just the outcomes of elections; a long time separates us from the 2024 election, and each day has the potential to influence the ones after. Something can be weak and a considerable force in politics or culture at the same time; someone can be losing and influential at the same time. These things are compatible.The country spent nearly two years hearing about voting machine conspiracies and the possibility of subversion in future elections. Voters rejected all that in many cases. What did the last two years mean for Mr. Trump and these candidates? For all of us? Nobody got anything of real value out of conspiracy theories and Trump recriminations. Not the Republicans, certainly, and that’s been the tenor of much post-election coverage and conversation — the way Mr. Trump’s choices produced certain outcomes that hurt the Republican Party.“The people that were on the crazy side, they’ve kind of been sent off to the frontier,” Tony Evers, Wisconsin’s Democratic governor, told Semafor this week. “If you’re denying the last election or any election, I think that balloon has been popped.” Even so, it’s no great gift to the country as a whole that candidates ran for two years on suspicion about normal election practices or advancing conspiracy theories, which people heard and internalized — a more intangible result with effects harder to measure.Since Mr. Trump’s announcement for president, as you have also heard by now, he’s repeatedly demanded that the 2020 election be redone, even straight up saying that there could be a “termination” of the Constitution. Two nights before Thanksgiving, he ate dinner with a white supremacist and Kanye West, who can’t stop saying antisemitic things. These events can also be viewed through this dual dynamic of weakness and influence. In the most basic horse race political sense, Mr. Trump’s actions almost certainly hurt him; more Republicans have criticized him, and we have multiple election cycles of results suggesting that people reject his choices. This weakens him. But he still has influence, and through this one dinner, for instance, many, many people heard about an extreme racist they probably never heard about before.In 2022, even when Mr. Trump seems to be fading politically, nobody has conclusively resolved the question of how to deal with him — when to step in and when to ignore, how to measure one action against another. The central issue flows from an understanding that most people in this country seem to share, however they feel about him: Mr. Trump will not be stopped from endlessly wanting things. And he will not confine himself to the ways in which a president or public person is supposed to behave, in pursuit of this endless array of wants and needs.Faced with this uncontrollability, people fall into complex emotional dynamics of how to react to Mr. Trump — to care or not care, how to demonstrate caring, to ignore him or this or that, to never ignore it, how far to go, when to walk away, when to stay, when someone else’s silence becomes unacceptable. How is a person supposed to be? What can a single person do? What are our duties and obligations? These questions animate centuries of literature and philosophy, but Mr. Trump’s chemical mix of emotion and power turns them into an hourly concern. He will not change; you can. This is an exhausting texture of American life in this era, even now.It’s almost hard to remember what the first campaign was like, though it, too, started with a weak hand. Mr. Trump defeated a splintered field with, initially, mere pluralities of votes. And you were constantly finding out how weak American institutions were: the thinness of political belief among Republican politicians, the inability of different institutions to do anything about Mr. Trump’s candidacy, the true incentives of cable news, how game people were to go along with, for instance, an attack on Mexicans or Gold Star parents. Practically overnight, Republican and conservative groups went from opposing Mr. Trump to caving in to the reality of his candidacy to emphatically supporting him. This general dynamic repeated again and again for years.Seven years in, one of the more disorienting aspects of the Trump era is the way there’s never any sense of resolution. The entire population hangs in a kind of eternal suspense, without past or future. Since the week of Jan. 6, 2021, without Mr. Trump’s ceaseless presence on the major social platforms, things have been somewhat different. But who knows where he goes from here? He might return to Twitter. He might really be fading. He might lose to Ron DeSantis, Florida’s governor. He might not accept a loss to anyone, at any point. He might be president again. Could we really revert to the full chaotic, exhausting, late-2010s immersion in Mr. Trump’s emotions?The need to know how it ends with Mr. Trump, what will happen next and how people respond to him, can obscure the current situation. And over the past year, it’s become clearer how power and weakness and influence can exist in one space and in one person. In this dark environment, Mr. Trump can lose an election and still change American life indefinitely.Katherine Miller is a staff writer and editor in Opinion.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

  • in

    Defamation Suit Against Fox Grows More Contentious

    Lachlan Murdoch is set to be deposed on Monday, the latest in a flurry of activity in the high-stakes case.Lachlan Murdoch, the chief executive of the Fox Corporation, is expected to be deposed on Monday as part of a $1.6 billion defamation lawsuit against Fox News for amplifying bogus claims that rigged machines from Dominion Voting Systems were responsible for Donald J. Trump’s defeat in 2020.Mr. Murdoch will be the most senior corporate figure within the Fox media empire to face questions under oath in the case so far. And his appearance before Dominion’s lawyers is a sign of how unexpectedly far and fast the lawsuit has progressed in recent weeks — and how contentious it has become.Fox and Dominion have gone back and forth in Delaware state court since the summer in an escalating dispute over witnesses, evidence and testimony. The arguments point to the high stakes of the case, which will render a judgment on whether the most powerful conservative media outlet in the country intentionally misled its audience and helped seed one of the most pervasive lies in American politics.Although the law leans in the media’s favor in defamation cases, Dominion has what independent observers have said is an unusually strong case. Day after day, Fox hosts and guests repeated untrue stories about Dominion’s ties to communist regimes and far-fetched theories about how its software enabled enemies of the former president to steal his votes.“This is a very different kind of case,” said David A. Logan, dean of the Roger Williams School of Law, who has argued in favor of loosening some libel laws. “Rarely do cases turn on a weekslong pattern of inflammatory, provably false, but also oddly inconsistent statements.”Dominion, in its quest to obtain the private communications of as many low-, mid- and high-level Fox personnel as possible, hopes to prove that people inside the network knew they were disseminating lies. Fox hopes to be able sow doubt about that by showing how its hosts pressed Trump allies for evidence they never produced and that Dominion machines were vulnerable to hacking, even if no hacking took place.The judge, Eric M. Davis, has ruled in most instances in Dominion’s favor, allowing the voting company to expand the pool of potential evidence it can present to a jury to include text messages from the personal phones of Fox employees and the employment contracts of star hosts such as Sean Hannity and Tucker Carlson, along with those of Suzanne Scott, the chief executive of Fox News Media, and her top corporate managers.More on Fox NewsDefamation Case: ​​Some of the biggest names at Fox News are being questioned in the $1.6 billion lawsuit filed by Dominion Voting Systems against the network. The suit could be one of the most consequential First Amendment cases in a generation.Exploring a Merger: Fox and News Corp, the two sides of Rupert Murdoch’s media business, are weighing a proposal that could put Fox News, The Wall Street Journal and the Fox broadcasting network under the same corporate umbrella.‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.Dominion has conducted dozens of depositions with current and former network personalities, producers, business managers and executives. The people questioned come from the rungs of middle management at Fox News headquarters in Manhattan to the corner office in Century City, Los Angeles, where Mr. Murdoch oversees the Fox Corporation and its sprawling enterprise of conservative media outlets.The fight over depositions has intensified in recent weeks as lawyers for the two companies sparred over whether Mr. Hannity and another pro-Trump host, Jeanine Pirro, should have to sit for a second round of questioning about messages that Dominion obtained from their phones as part of the discovery process. Fox lawyers have argued that the hosts should not be compelled to testify again, citing the legal protections that journalists have against being forced to reveal confidential sources.The judge ruled that Dominion’s lawyers could question both Mr. Hannity and Ms. Pirro again but limited the scope of what they could ask. Ms. Pirro’s second deposition was late last month; Mr. Hannity’s has yet to be scheduled.Fox has accused Dominion in court filings of making “escalating demands” for documents that are voluminous in quantity, saying it would have to hire a second litigation team to accommodate such a “crushing burden.” (The judge has largely disagreed.)In a sign of the simmering tensions between the two sides, Fox lawyers have asked the court to impose tens of thousands of dollars in sanctions against Dominion. Fox has accused the voting machine company’s chief executive, John Poulos, and other senior company officials of failing to preserve their emails and text messages, as parties to a lawsuit are required to do with potentially relevant evidence.After Dominion filed its lawsuit in March 2021 — claiming that Fox’s coverage of its machines not only cost it hundreds of millions of dollars in business but “harmed the idea of credible elections” — many media law experts assumed this case would end like many other high-profile defamation case against a news organization: with a settlement.Fox News has a history of settling sensitive lawsuits before they reach a jury. In the last several years alone, it has paid tens of millions of dollars in claims: to women who reported sexual harassment by its former chief executive, Roger Ailes, and by prominent hosts including Bill O’Reilly; as well as to the family of Seth Rich, a former Democratic Party staff member who was killed in a robbery that some conservatives tried to link to an anti-Clinton conspiracy theory.But a settlement with Dominion appears to be a remote possibility at this point. Fox has said that the broad protections provided to the media under the First Amendment shield it from liability. The network says it was merely reporting on Mr. Trump’s accusations, which are protected speech even if the president is lying. Dominion’s complaint outlines examples in which Fox hosts did more than just report those false claims, they endorsed them.“This does not appear to be a case that’s going to settle — but anything can happen,” said Dan K. Webb, a noted trial lawyer who is representing Fox in the dispute. “There are some very fundamental First Amendment issues here, and those haven’t changed.”In a statement, Dominion said the company was confident its case would show that Fox knew it was spreading lies “from the highest levels down.”“Instead of acting responsibly and showing remorse, Fox instead has doubled down,” the statement said. “We’re focused on holding Fox accountable and are confident the truth will ultimately prevail.”The judge has set a trial date for April of next year. A separate defamation suit against Fox by the voting company Smartmatic is not scheduled to be ready for trial until the summer of 2024.Part of the reason Fox executives and its lawyers believe they can prevail is the high burden of proof Dominion must reach to convince a jury that the network’s coverage of the 2020 election defamed it. Under the law, a jury has to conclude that Fox acted with “actual malice,” meaning that people inside the network knew that what they were reporting was false but did so anyway, or that they recklessly disregarded information showing what they were reporting was wrong.That is what Dominion hopes to show the jury with the private messages it obtained from a several-week period after the election from Fox employees at all levels of the company. Very little is known publicly about what those messages could contain.In addition to arguing that its coverage of Dominion was protected as free speech, Fox argues it was merely covering statements from newsmakers. “There is nothing more newsworthy than covering the president of the United States and his lawyers making allegations of voter fraud,” a spokeswoman said.Fox’s lawyers are also planning lines of defense that they hope will dent Dominion’s credibility, even if that means leaning into some of the conspiracy theories that are at the heart of Dominion’s case. They may argue, for example, that it was plausible that the machines had been hacked, pointing to questions that were raised by at least one independent expert about whether the software was secure.As part of their fact-finding, Fox lawyers sought information from a University of Michigan computer scientist who wrote a report this year saying there were vulnerabilities in Dominion’s system that could be exploited, even though there is no evidence of any such breach.Mr. Webb said the intent would be to show that the fraud allegations “were not made up out of whole cloth.” But it was not his plan, he said, to pretend that Mr. Trump’s voter fraud falsehoods — which were the same as many of the falsehoods uttered on the air at Fox — were true. “The president’s allegations were not correct,” Mr. Webb said. He added that he planned “to show the jury that those security concerns were there and were real and added plausibility to the president’s allegations.”After Mr. Murdoch’s deposition on Monday, lawyers on both sides of the case said they expected one additional senior executive to be questioned by Dominion’s lawyers: Rupert Murdoch, chairman of the Fox Corporation, who founded Fox News with Mr. Ailes more than 25 years ago. More