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From the “this is fine” files

New book details Trump trying to enlist McConnell in the coup

CNN reports:

In the weeks after he lost the 2020 election, then-President Donald Trump had a plan to stay in office — and he wanted Mitch McConnell to know about it.If Trump could successfully pressure Republican Gov. Brian Kemp to de-certify Biden’s narrow win in Georgia, that would lead to a domino effect: Officials in Pennsylvania and Michigan would follow suit and overturn Biden’s electoral victory, Trump believed, a stunning reversal that could keep him in the White House for a second term.

And Trump was certain he could subvert the election outcome, telling McConnell, then the Senate majority leader, and other top Republicans that he had personally been on the phone with officials in Pennsylvania and Michigan — and they told him they would move to keep him in power, despite the results showing Biden had won their states.

“I’ve been calling folks in those states and they’re with us,” Trump is reported to have told the Senate GOP leaders in a private December 2020 phone call, according to a soon-to-be-released book by New York Times political reporters Jonathan Martin and Alexander Burns, both CNN political analysts.

The book, “This Will Not Pass: Trump, Biden, and the Battle for America’s Future,” offers insight into the former President’s mindset in the weeks after the election, a topic of high interest to House investigators now probing the roots of the January 6, 2021, Capitol insurrection. While Trump’s plan was never successful, the private pressure campaign showcases the length he was willing to go to stay in office, even as election officials in both parties certified Biden’s victory and courts across the country turned away dozens of Trump-inspired lawsuits.

Seriously, is this guy really going to be the Republican nominee in 2024? Oh, what am I saying? This probably makes him more likely to win. Sigh.

The phone call was one of the final conversations McConnell had with Trump. Their ​relationship that effectively ended after McConnell went to the Senate floor on December 15, 2020, and acknowledged Biden’s victory following states’ certification of the electoral results. The two haven’t spoken since, the GOP leader’s aides have told CNN, and the tension has only grown since McConnell pointedly blamed Trump for the Capitol attack, even as he voted to acquit the former President in his second impeachment trial last year.

But in the days before the mid-December speech, McConnell avoided any criticism of Trump’s “stolen” and “rigged” election claims, even as he was privately scoffing at the then-President.Speaking to reporters in an ornate room just off the Senate floor on December 1, 2020, McConnell was asked by CNN why he had been quiet about Trump’s claims given the GOP leader’s long-standing concerns over electoral integrity.

McConnell punted.”As I’ve said repeatedly we have this government for the next three weeks for sure,” he said. “And what I’m focusing on is trying to accomplish as much as we can during this three-week period, which requires dealing with the government that we have right now. The future will take care of itself. As I’ve said repeatedly, we’re going to go through these processes. The Electoral College is going to meet December 14, there’ll be an inauguration on January 20.”But privately, McConnell was far more candid about his views.

According to the book, McConnell was worried that if he said anything to anger Trump, the President would take out his fury and effectively derail the runoff campaigns of then-Sens. David Perdue and Kelly Loeffler, the two Republicans battling to hang on to the Georgia seats. In the December call, Trump had told McConnell and GOP senators that Georgia voters would not tolerate Kemp’s assurance that the November election was safe and secure — and contended that Perdue and Loeffler shouldn’t tolerate it either or otherwise they’d lose their races — as the GOP leader stayed quiet on the call.

In an interview with the two reporters in December 2020, McConnell said Trump was looking for a scapegoat ahead of the crucial Georgia runoffs.”What it looks to me like he’s doing is setting this up so he can blame the governor and the secretary of state if we lose,” McConnell said. “He’s always setting up somebody to blame it on.”

And McConnell didn’t mince words to the reporters about some in Trump’s inner orbit — such as attorneys Sidney Powell and Lin Wood — who were advancing far-fetched conspiracies about the election.”Everybody around him, except for clowns like Sidney Powell and Lin Wood, are trying to get him to do the right thing,” he said in the interview, referring to the effort to get Trump to accept the fact that he lost and concede the race.Efforts to reach Powell and Wood for comment were unsuccessful.

But McConnell and his wife, Elaine Chao, who served as Trump’s transportation secretary until she resigned in the immediate aftermath of the Jan. 6 attack, were at a loss with how to deal with Trump after the elections.”Every day the leader and I wake up saying, ‘How do we manage the president?'” Chao told a friend in December 2020, according to the book.

Please. They didn’t manage him at all and really didn’t try. All McConnell cares about is maintaining control of the Senate and packing the courts. From there he can assure the right wing agenda is protected and advanced. The problem with Trump was that he was unpredictable and might interfere with McConnell’s agenda.

Russia to Q to January 6th

It’s all of a piece

Marcy Wheeler notes that the 2016 Russian interference has had a serious effect on our politics, going all the way up to January 6th:

Last May, I observed that QAnon had far more evident success in getting its adherents in places to obstruct the vote certification on January 6, 2021 than the organized militias did.

QAnon managed to get far more of their adherents to the Senate floor than either the Proud Boys (Joe Biggs and Arthur Jackman showed up after getting in with the help of people inside) or the Oath Keepers (Kelly Meggs and Joshua James showed up too late). QAnon held a prayer on the dais while the militias were still breaching doors.

While he didn’t make it to the Senate floor, that’s true, in part, because of the fervor with which QAnoner Doug Jensen sprinted up the stairs after Officer Eugene Goodman (though Jensen’s fervor was also one of the things that Goodman exploited to buy time to evacuate the Senate).

According to an FBI interview Jensen did just days after the insurrection (the transcript was released as part of a suppression motion that is unlikely to work), that was his stated intent.

He wanted QAnon to get credit for breaching the Capitol.

I wanted Q to get the attention.

Q. I see.

A. And that was my main intention basically —

Q. Um-hum.

A. — was to use my shirt. I basically intended on being the poster boy, and it really worked out.

The transcript is a tough read. It reveals (as the court filings associated with many of the January 6 defendants do) the urgency with which the US needs to address mental health treatment. It reveals how Trump’s propagandists won the allegiance of a blue collar union member who had previously voted Democratic.

But most vividly, it reveals how Jensen got radicalized into QAnon. And that started — as he repeatedly describes — from the files stolen from John Podesta released by WikiLeaks in advance of the 2016 election. He planned to vote for Hillary (!!!) until he came to believe the misrepresentations he read (pushed, in significant part, by accused Proud Boy leader Joe Biggs) of the Podesta files. When the flow of Podesta files ended, Jensen was left with a void, which Q drops filled shortly thereafter. After that, Jensen came to believe Trump’s lies that he had been shafted by the Deep State, by some guy (Peter Strzok) and his girlfriend whose name he couldn’t remember. Perhaps as a result, Jensen came to believe of Putin that, “this guy don’t seem so bad, you know.”

Also, Q said — Q has said things, okay, so like — and anonymous, okay. I follow that, Mayjan (ph.) and all that stuff, you know, because basically I was not into politics until the Wiki leaks dropped, and then when I realized about Haiti, and the Clinton Foundation, and the kidnappings all through the Clinton Foundation, and then I learned about Epstein Island and then I learned Mike Pence owns an island, right — or not Mike Pence, Joe Biden owns an island next door, and then I find that Hunter Biden and Bris Moldings (ph.) and all that, I knew about that a year or two ago.

[snip]

It all started with all the crap I found out about Hillary Clinton, John Podesta, you know, all of that stuff, and then so right before I was going to vote for Hillary, I was like, whoa, we’ve got to vote Trump in because we can’t have Hillary. And then I start finding things like we were supposed to be dead by now, and if Hillary would have won, we were going to be attacked by North Korea or Iran. We were going to go to war, and we would most likely — half of us wouldn’t be here right now if Trump wouldn’t have won that election is what I got from it.

[snip]

You guys have an FBI thing that you released all that Ben Swan who was on ABC years ago and he tried to expose pizza gate and he got fired that night from ABC, and he works for RT now.

[snip]

I am for America, and I feel like we are being taken over by communist China, you know, and the whole Russian collusion was fake. I don’t know what the deal with Russia is, but I don’t know, Vladimir Putin, he seems to be like a decent person, but I could be crazy, you know. But I think we were taught from a young age to hate Russia and all of this stuff. I’ve researched on Vladimir Putin. I was like this guy don’t seem so bad, you know, but I don’t know, you know.

[snip]

A. And all this information, and Trump’s taking down all these people, you know? And — well, firing them or whatever, you know? Like Brennan, Clapper, you know, that guy that I hate with his girlfriend, I can’t remember their names. Those texting back and forth. But they were all like top, you know, members, they’re high up and stuff.

Q. Yeah.

A. And you saw that they were out to destroy Trump, and they were members of our, you know, Central Intelligence or our FBI, you know?

[snip]

I did not preplan nothing. I am not a leader. I am just a hardcore patriot. I am a diehard — I believe all this stuff to be true, and I feel like Trump’s just got the absolute shaft from everything around, our own government, the media.

[snip]

So I voted both terms for Obama, and during the presidency, I thought he was a great president. The health thing. The health thing didn’t benefit me and my family because I had union health insurance. So I got no benefits from it, but I was happy that all those people got insurance, you know? And so I was happy with him. And then I was going to vote for Hillary because I’ve been a democrat my whole life.

Q. Yeah.

A. And then the WikiLeaks thing happened and I had to start questioning where I was getting my info from. And that’s when I realized, you know, holy cow, I can’t vote for this woman. And then it became — like I started telling everybody I know about WikiLeaks and everything else back then. And then that died off when Trump won. And then I didn’t really have anything. I was happy Trump won, you know? And then all of a sudden Q drops started. And it was just — that’s all I did —

Q. Yeah.

A. — was follow those Q drops. [my emphasis]

This is a narrative of how an information operation started by Russia six years ago continues to poison American politics, up to and including persuading Americans to affiliate with the architect of that information operation.

After that radicalization process — Jensen described to the FBI — he readily responded to the propagandists trying to help Trump steal an election: Lin Wood, Sidney Powell, and Rudy Giuliani, as well as the December 19, 2020 Trump tweet that arose out of their machinations. And so he drove all night from Iowa to answer Trump’s call.

There’s more at the link. It’s a big, big mistake to think that Russia 2016 stuff didn’t matter. It did.

January 6th Committee waffles on Trump referral

They think it might be seen as partisan. Lol.

The Washington Post reports:

The leaders of the House committee investigating the Capitol attack have grown divided over whether to make a criminal referral to the Justice Department of former President Donald J. Trump, even though they have concluded that they have enough evidence to do so, people involved in the discussions said.

The debate centers on whether making a referral — a largely symbolic act — would backfire by politically tainting the Justice Department’s expanding investigation into the Jan. 6 assault and what led up to it.

Since last summer, a team of former federal prosecutors working for the committee has focused on documenting the attack and the preceding efforts by Mr. Trump and his allies to reverse his defeat in the 2020 election. The panel plans to issue a detailed report on its findings, but in recent months it has regularly signaled that it was also weighing a criminal referral that would pressure Attorney General Merrick B. Garland to open a criminal investigation into Mr. Trump.

But now, with the Justice Department appearing to ramp up a wide-ranging investigation, some Democrats are questioning whether there is any need to make a referral — and whether doing so would saddle a criminal case with further partisan baggage at a time when Mr. Trump is openly flirting with running again in 2024.

The shift in the committee’s perspective on making a referral was prompted in part by a ruling two weeks ago by Judge David O. Carter of the Federal District Court for Central California. Deciding a civil case in which the committee had sought access to more than 100 emails written by John C. Eastman, a lawyer who advised Mr. Trump on efforts to derail certification of the Electoral College outcome, Judge Carter found that it was “more likely than not” that Mr. Trump and Mr. Eastman had committed federal crimes.

The ruling led some committee and staff members to argue that even though they felt they had amassed enough evidence to justify calling for a prosecution for obstructing a congressional proceeding and conspiring to defraud the American people, the judge’s decision would carry far greater weight with Mr. Garland than any referral letter they could write, according to people with knowledge of the conversations.

The members and aides who were reluctant to support a referral contended that making one would create the appearance that Mr. Garland was investigating Mr. Trump at the behest of a Democratic Congress and that if the committee could avoid that perception it should, the people said.

I hate to break the news but any criminal indictment is going to be seen as partisan regardless. They are already saying that the judge who made the fining earlier is a hack because he’s a Clinton appointee from California, which might as well be Beijing as far s they’re concerned.

Will it happen? Who knows? Here’s a piece from the Guardian in which former DOJ officials discuss the pitfalls and possibilities:

The attorney general, Merrick Garland, is facing more political pressure to move faster and expand the US Department of Justice’s investigation into the January 6 Capitol attack and charge Donald Trump and some of his former top aides.

With mounting evidence from the January 6 House panel, court rulings and news reports that Trump engaged in a criminal conspiracy in his aggressive drive to thwart Joe Biden’s election win in 2020, Garland and his staff face an almost unique decision: whether to charge a former US president.

Ex-justice officials caution, however, that while there’s growing evidence of criminal conduct by Trump to obstruct Congress from certifying Biden’s win on January 6 and defraud the government, building a strong case to prove Trump’s corrupt intent – a necessary element to convict him – probably requires more evidence and time.

In an important speech in January this year, Garland said he would hold “all January 6 perpetrators, at any level” accountable, if they were present at the Capitol that day or not, who were responsible for this “assault on our democracy”, which suggested to some ex-prosecutors that Trump and some allies were in his sights.

But rising pressures on Garland to move faster with a clearer focus on Trump and his top allies have come from Democrats on the House panel investigating the Capitol attack.

Those concerns were underscored this past week when the House sent a criminal referral to the justice department charging contempt of Congress by two Trump aides, trade adviser Peter Navarro and communications chief Dan Scavino, who refused to cooperate after being subpoenaed.

“We are upholding our responsibility, the Department of Justice must do the same,” panel member Adam Schiff said. Likewise, Congresswoman Elaine Luria urged Garland to “do your job so we can do ours.”

About four months ago, the House sent a criminal contempt of Congress referral to the justice department for the former White House chief of staff Mark Meadows, but so far he has not been indicted.

Some former top DoJ officials and prosecutors, however, say Garland is moving correctly and expeditiously in pursuing all criminal conduct to overturn Biden’s election in its sprawling January 6 inquiry.

“When people (including many lawyers) criticize the DoJ for not more clearly centering the January 6 investigation on Trump, they are expressing impatience rather than a clear understanding of the trajectory of the investigation,” the former justice inspector general Michael Bromwich told the Guardian.

“DoJ is methodically building the case from the bottom up. It is almost surely the most complex criminal investigation in the nation’s history, involving the most prosecutors, the most investigators, the most digital evidence – and the most defendants,” he added.

Bromwich added that “people view the scores of ongoing criminal prosecutions of participants in the January 6 insurrection as somehow separate from the investigation of Trump. They are not. He is the subject of the investigation at the top of the pyramid. People need to carefully watch what is happening, not react based on their impatience.”

The department’s investigation is the biggest one ever. More than 750 people have been charged so far with federal crimes, and about 250 have pleaded guilty.

Still, concerns about the pace of the investigation – and why charges have not been filed against Trump – have been spurred in part by a few revelations over the last couple of months.

Last month, for instance, federal judge David Carter in a crucial court ruling involving a central Trump legal adviser, John Eastman, stated that Trump “more likely than not” broke the law in his weeks-long drive to stop Biden from taking office.

“Dr Eastman and President Trump launched a campaign to overturn a democratic election, an action unprecedented in American history,” Carter wrote in a civil case which resulted in an order for Eastman to release more than 100 emails he had withheld from the House panel.

Similarly, the January 6 select committee made a 61-page court filing on 2 March that implicated Trump in a “criminal conspiracy” to block Congress from certifying Biden’s win.

On another legal front that could implicate Trump and some top allies, the deputy attorney general, Lisa Monaco, revealed in January that the DoJ was starting a criminal investigation into a sprawling scheme – reportedly spearheaded by Trump’s ex-lawyer Rudy Giuliani and Trump campaign aides – to replace legitimate electors for Biden with false ones pledged to Trump in seven states that Biden won.

Further, the Washington Post reported late last month that the DoJ had begun looking into the funding and organizing of the January 6 “Save America” rally in Washington involving some Trump allies. Trump repeated his false claims at the rally that the election was stolen.

“We won this election, and we won it by a landslide,” Trump falsely told the cheering crowd. “You don’t concede, when there’s theft involved,” he said, urging the large crowd to “fight like hell”, shortly before the Capitol attack by hundreds of his supporters that led to 140 injured police and several deaths.

They have the evidence. Do they have the Right Stuff?

Jan. 6 panel reluctant to make Trump criminal referral

Jan. 6 Select Committee chair Rep. Bennie Thompson (D-Miss., center).

The House panel investigating the violent Jan. 6 attempt to overturn the 2020 presidential election has sufficient evidence to make a criminal referral of former President Donald J. Trump to the Department of Justice. What investigators lack, reports The New York Times, is consensus on whether, colloquially speaking, to pull the trigger.

The House team plans to issue a report on its findings when finished but is wavering over whether political fallout could taint investigations by Attorney General Merrick Garland’s department. Those appear to be widening in recent weeks:

The shift in the committee’s perspective on making a referral was prompted in part by a ruling two weeks ago by Judge David O. Carter of the Federal District Court for Central California. Deciding a civil case in which the committee had sought access to more than 100 emails written by John C. Eastman, a lawyer who advised Mr. Trump on efforts to derail certification of the Electoral College outcome, Judge Carter found that it was “more likely than not” that Mr. Trump and Mr. Eastman had committed federal crimes.

The ruling led some committee and staff members to argue that even though they felt they had amassed enough evidence to justify calling for a prosecution for obstructing a congressional proceeding and conspiring to defraud the American people, the judge’s decision would carry far greater weight with Mr. Garland than any referral letter they could write, according to people with knowledge of the conversations.

The members and aides who were reluctant to support a referral contended that making one would create the appearance that Mr. Garland was investigating Mr. Trump at the behest of a Democratic Congress and that if the committee could avoid that perception it should, the people said.

But can it?

The House voted Wednesday to refer criminal contempt charges against former Trump aides Peter Navarro and Dan Scavino to the DoJ. It did the same with former White House chief Mark Meadows in December, but the department has yet to bring an indictment.

Commenting on Garland’s inaction on Meadows, Rep. Adam Schiff (D-Calif.) told reporters (Politico) in March, “The Department of Justice has a duty to act on this referral and others that we have sent.”

“Without enforcement of congressional subpoenas,” Schiff continued, “there is no oversight, and without oversight, no accountability — for the former president, or any other president, past, present, or future. Without enforcement of its lawful process, Congress ceases to be a co-equal branch of government.”

Panel members Rep. Elaine Luria (D-Va.) and Rep. Zoe Lofgren (D-Calif.) at the time vented frustration at Garland’s department.

“Attorney General Garland, do your job so we can do ours,” said Luria in March.

But now Lofgren argues that any referral of Trump would have no “legal impact.” She and other unnamed members believe a formal referral would be superfluous in light of evidence they have and that has been reviewed already by Judge Carter.

Luria disagrees.

“I think it’s a lot more important to do what’s right than it is to worry about the political ramifications,” Luria told MSNBC. “This committee, our purpose is legislative and oversight, but if in the course of our investigation we find that criminal activity has occurred, I think it’s our responsibility to refer that to the Department of Justice.”

Luria has the principled argument here. Garland himself has insisted his department will follow the evidence where it leads. The panel must do the same.

Having made multiple criminal referrals of White House staff in the course of its investigation, the panel’s punting on a criminal referral against Trump will reinforce public perception that politics trumps principle and that Trump stands above the law.

Republicans would make a criminal referral of a Democratic president whether or not any evidence supports it, and damn the consequences. See what they are passing in the states.

As for political fallout, what’s the worst that can happen? Democrats lose the House and Senate in November? The media promises daily that that is a virtual certainty. Should that happen, Democrats will be better off losing with their principles intact. Compromising for political expedience will demonstrate to voters across the political spectrum that Democrats do not have the Right Stuff to lead.

What Democrat and unaffiliated voters need to see is that justice is not dependent on position or power. They need to see Democrats willing to fight for justice and damn the political risks. No one gets excited about voting for the gutless.

Update: Fixed first name reference for Luria and Lofgren. (Had it out of order.)

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For The Win, 4th Edition is ready for download. Request a copy of my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us. This is what winning looks like.

The gravedigger of democracy strikes again

This is so grotesquely cynical, I just don’t know what to say. McConnell wants to accuse incumbent Democrats of being soft on child porn in November so he’s encouraging them to vote against Ketanji Brown Jackson, based upon the horrific lie that she’s an enabler of child sexual exploitation. He’s brazenly exploiting the QAnon faction for electoral gain.

There is nothing he won’t do to maintain power. Nothing:

Senate Minority Leader Mitch McConnell (R-Ky.) is putting public and private pressure on his Senate Republican colleagues to oppose President Biden’s nominee to the Supreme Court, despite the historic nature of her nomination to be the first Black woman on the court.  

McConnell has dug in against Biden’s nominee, arguing the vote isn’t about “race or gender” but about Judge Ketanji Brown Jackson’s record, which he says is too soft on crime and indicates she’ll likely turn into an activist judge on the bench.  

McConnell made an impassioned plea at a recent Senate GOP lunch for his colleagues to oppose Biden’s choice, according to senators who attended the meeting.  

One Republican senator said McConnell leaned in hard on Jackson’s nomination. 

“He sought recognition and said, ‘I just want to thank the members of the Judiciary Committee for the great work they’ve done in exposing this judge’s radical record, and in particular her record on child pornography cases are alarmingly extreme,’” the source said, recounting McConnell’s message to the conference. 

McConnell talked about Jackson’s record in detail, including her decision to give one offender, Wesley Hawkins, a three-month sentence when federal prosecutors asked for him to be sent to prison for two years.  

McConnell said, “I think the Democrats thought this would be an easy process, confirmation, but it’s not going to be because she’s a radical nominee, and I would hope that every Republican would look seriously at her record, which I think is troubling.”  

The message is putting pressure on GOP swing voters such as Sens. Lisa Murkowski (Alaska) and Mitt Romney (Utah) to toe the party line and vote “no.”

Murkowski was present at the meeting where McConnell delivered his comments about the nominee but didn’t say anything. The Alaska Republican, who is up for re-election this year and faces a Republican primary challenger, also declined to comment about Jackson when asked about it by reporters on Tuesday and Thursday.  

Romney says he still has to dig deeper into Jackson’s record before announcing his decision.  

He said he “enjoyed” meeting with her Tuesday and that “her dedication to public service and her family are obvious.”   

Republican strategists and longtime observers of McConnell’s leadership style say he views a unified Republican vote against Jackson as good politics heading into the midterm election and good for his own standing within the Senate GOP conference, which he plans to lead again in 2023 and 2024.  

Scott Jennings, a Kentucky-based GOP strategist who has advised McConnell’s past campaigns, said Biden’s nomination of Jackson “fits into the overall [argument that] the Democrats are soft on crime and criminals, and Republicans aren’t.” 

“That is going to be a big narrative in this campaign.  You’ve already seen that,” he added. “Anytime you can throw another piece of evidence on that, I do think it furthers that narrative.” 

Republican aides say Jackson’s record in sentencing child pornography offenders will be a tough one for vulnerable Democrats such as Sens. Mark Kelly (Ariz.), Maggie Hassan (N.H.), Raphael Warnock (Ga.) and Catherine Cortez Masto (Nev.) to defend on the campaign trail later this year.  

The more Republicans who vote this week for Jackson, the more political cover it gives to Democrats on the campaign trail.  

So far, Sen. Susan Collins (Maine), who represents a state that Biden won by 9 points, is the only Republican who has said she will vote to confirm Jackson.  

Democrats have pushed back against this criticism. They argue that Republicans have taken Jackson’s sentencing decisions in seven child pornography cases out of context by harping on the fact that she handed out prison terms below what federal prosecutors demanded and below the advisory guidelines.  

Democrats say that Jackson is one of many federal judges who view the federal advisory guidelines as out of date and in need of updating since they were established in 2003 with the Protect Act because internet use became more prevalent.  

Al Cross, a professor of journalism at the University of Kentucky and a longtime commentator on Kentucky politics, says McConnell likely sees a good opportunity to stand with some of the rising young conservatives in his conference, such as Sens. Josh Hawley (R-Mo.) and Ted Cruz (R-Texas), with whom he clashed over their efforts to halt the certification of Biden’s election victory on Jan. 6, 2021.  

“Once Cruz and the others made this a big issue, it gave McConnell an opportunity to practice some solidarity with his caucus,” he said.  

“He’s in a difficult position. He’s got to deal with Trumpers. He’s got to keep the caucus together. And anytime the caucus can find something to essentially agree on, then that’s probably a good thing for his leadership of the caucus,” he added.  

Cross noted that McConnell is known to view “the unity of the caucus as a prime directive.”  

“I can’t imagine he really believes her judgment in these child porn cases is a disqualifier to be on the Supreme Court, but once it’s been such an issue in conservative media, then it takes on a life of its own,” he said.  

McConnell has come out strongly against Jackson in his public statements as well.  

“She has a particularly curious view about certain kinds of criminal behavior, in this particular case, people who distributed child pornography,” McConnell told Fox News’s Shannon Bream. “She’s a judicial activist. She’s very smart. She’s very capable. She’s going to be exactly what President Biden wants: a very liberal Supreme Court justice.” 

McConnell dismissed the public lobbying of Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) who has called on his GOP colleagues to recognize “the historic significance of this nomination” and stressed the importance of Abraham Lincoln’s party, “the Grand Old Party,” being “on board.” 

“The Democrats want to make this confirmation about race or gender. We don’t look at judges that way,” McConnell said. “Most all Republicans believe in what’s called a strict construction, that is judges who make their very best effort, as [late] Justice [Antonin] Scalia put it, to follow the law.” Ukrainian officials say Russian forces shot and killed journalistEx-UN prosecutor urges global arrest warrant for Putin

Jennings, the GOP strategist who has advised McConnell, said Jackson’s refusal to express her opinion about adding more justices to the Supreme Court was a big red flag for the leader.  

“He’s extremely worried about left-wing, progressive attacks on the institution” of the court, he said. “When she would not take the Ginsburg, Breyer line on keeping the Supreme Court at nine, it was as signal to him that she’s pretty beholden to the liberal allies who have been the very people calling for court packing.”  

McConnell in recent days has repeatedly raised his concerns about Jackson’s refusal to take the same public stance as late Justice Ruth Bader Ginsburg and Justice Stephen Breyer against expanding the court.  

He isn’t worried one little bit about her being an “activist” on the count because she’s in a minority of 3. And he certainly isn’t losing any sleep over court packing because it’s clear that the Democrats are not going to go there any time soon, if ever.

McConnell is only concerned about winning the majority and thinks he can do it by smearing the first Black woman on the court as a child molester and and tie her to Democrats who voted for her. That’s all this is. It’s disgusting.

Rose Mary’s Boo-Boo revisited

This Nixon tapes collectible was for sale on Amazon.

Those of a certain vintage will recall the infamous June 20, 1972 “gap” found in President Richard Nixon’s secret Oval Office recordings surrendered during the Watergate investigation. The White House explanation offered was that somehow Nixon’s personal secretary, Rose Mary Woods, had accidentally erased 18.5 minutes (there were actually five to nine erasures). The erasure covered a conversation between Nixon and Chief of Staff H. R. Haldeman about the Watergate break-in. Woods told a grand jury how she might have erased it accidentally. Her demonstration — leaning over to answer the phone while her foot contacted a floor switch for the recording device — landed her on the cover of Newsweek. Woods died at 87 in 2005.

Never one to be outdone, Donald Trump’s White House record “gap” half a century after the Watergate coverup is much bigger. Yuge (Washington Post):

Internal White House records from the day of the attack on the U.S. Capitol that were turned over to the House select committee show a gap in President Donald Trump’s phone logs of seven hours and 37 minutes, including the period when the building was being violently assaulted, according to documents obtained by The Washington Post and CBS News.

The lack of an official White House notation of any calls placed to or by Trump for 457 minutes on Jan. 6, 2021 – from 11:17 a.m. to 6:54 p.m. – means the committee has no record of his phone conversations as his supporters descended on the Capitol, battled overwhelmed police and forcibly entered the building, prompting lawmakers and Vice President Mike Pence to flee for safety.

Very convenient.

The records show that Trump was active on the phone for part of the day, documenting conversations that he had with at least eight people in the morning and 11 people that evening. The seven-hour gap also stands in stark contrast to the extensive public reporting about phone conversations he had with allies during the attack, such as a call Trump made to Sen. Mike Lee (R-Utah) — seeking to talk to Sen. Tommy Tuberville (R-Ala.) — and a phone conversation he had with House Minority Leader Kevin McCarthy (R-Calif.).

The committee is wondering if the furnished records are complete. It also wants to find out if Trump used backchannels instead for communications that day to cover his tracks: phones belonging to aides or “burner phones.” Trump had a habit of making calls from various non-official devices. Trump claims no knowledge of what a burner phone is. That, at least, seems credible.* There are libraries filled with what Trump doesn’t know.

“Documents on file with the Select Committee.”

House investigators have by this time assembled so many other records from Jan. 6 players that “Documents on file with the Select Committee” has almost become a running joke in the footnotes of letters sent requesting Trump allies’ testimony. The Committee already knows what you know, members are saying. Don’t try to bullshit us.

Other records in the committee’s possession show Jan. 6 calls between Trump and attorney Rudy Giuliani and former advisor Steve Bannon “before Trump had a final call with [Mike] Pence, in which the vice president told him he was not going to block Congress from formalizing Biden’s victory.” Investigators know Bannon and Trump also conferred late on Jan. 6.

The Washington Post received a lot of “No comments” about this article:

The White House logs also show that Trump had conversations on Jan. 6 with election lawyers and White House officials, as well as outside allies such as then-senator David Perdue (R-Ga.), conservative commentator William J. Bennett and Fox News host Sean Hannity.

Bennett, Hannity and Perdue did not respond to requests for comment.

According to the documents, Trump spoke with other confidants and political advisers that morning ahead of the rally. At 8:34 a.m., he spoke with Kurt Olsen, who was advising Trump on legal challenges to the election.

Trump then placed calls to Sen. Mitch McConnell (Ky.), the Republican leader, and Sen. Josh Hawley (Mo.), but it is unclear whether he reached them, according to the documents. A McConnell aide said Monday that McConnell declined Trump’s call. Hawley, a Trump ally, was the first senator to declare he would object to the certification, a decision that sparked other GOP senators to say they too would object.

The records show that Trump had a 10-minute call starting at 9:24 a.m. with Rep. Jim Jordan, an Ohio Republican who worked closely with the Trump White House and was a key figure in pushing fellow GOP lawmakers to object to the certification of Biden’s election.

Jordan has declined to cooperate with the House committee. The 10-minute call Trump had with Jordan was first reported by CNN.

Giuliani and Trump spoke on Jan. 6 at 9:41 a.m. for six minutes, and at 8:39 p.m. for nine minutes, according to the White House logs. According to the documents, Giuliani called from different phone numbers.

Giuliani did not respond to a request for comment.

Trump senior adviser Stephen Miller – who told Fox News in December 2020 that an “alternate slate of electors in the contested states is going to vote” – spoke with Trump for 26 minutes on the morning of Jan. 6, the records show. That call started at 9:52 a.m. and ended at 10:18 a.m.

Miller did not respond to a request for comment.

Just yesterday, U.S. District Court Judge David Carter ordered attorney John Eastman, one of those principally behind Trump’s scheme for rejecting slates of state electors, to turn over emails records he tried to shield behind attorney-client privilege. “Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021,” Carter wrote. Attorney-client privilege does not apply when the two are committing a crime.

Telephones, computers, cell phones, emails, digital recording, the Internet and cell phone video have made it that much harder to mount a coverup since Watergate.

Technology. It’s come a long way, baby, since 1972.

* Welp, got that wrong.

● ● ● ● ● ● ● ●

For The Win, 4th Edition is ready for download. Request a copy of my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us. This is what winning looks like.

Ginni wasn’t the only traitor

Check this out about Senator Ted Cruz:

An examination by The Washington Post of Cruz’s actions between Election Day and Jan. 6, 2021, shows just how deeply he was involved, working directly with Trump to concoct a plan that came closer than widely realized to keeping him in power. As Cruz went to extraordinary lengths to court Trump’s base and lay the groundwork for his own potential 2024 presidential bid, he also alienated close allies and longtime friends who accused him of abandoning his principles.

Now, Cruz’s efforts are of interest to the House committee investigating the Jan. 6 attack on the U.S. Capitol, in particular whether Cruz was in contact with Trump lawyerJohn Eastman, a conservative attorney who has been his friend for decades and who wrote key legal memos aimed at denying Biden’s victory.

As Eastman outlined a scenario in whichVice President Mike Pence could denycertifying Biden’s election, Cruz crafted a complementary plan in the Senate. He proposedobjecting to the results in six swing states and delayingaccepting the electoral college results on Jan. 6 in favor of a 10-day “audit” — thus potentiallyenabling GOP state legislatures to overturn the result. Ten other senators backed hisproposal, which Cruz continued to advocate on the day rioters attacked the Capitol.

The committee’s interest in Cruz is notable as investigators zero in on how closely Trump’s allies coordinated with members of Congress in the attempt to block or delay certifying Biden’s victory. If Cruz’s plan worked, it could have created enough chaos for Trump to remain in power.Advertisement

“It was a very dangerous proposal, and, you know, could very easily have put us into territory where we got to the inauguration and there was not a president,” Rep. Liz Cheney (R-Wyo.), a Jan. 6 committee member, said earlier this year on the podcast “Honestly.” “And I think that Senator Cruz knew exactly what he was doing. I think that Senator Cruz is somebody who knows what the Constitution calls for, knows what his duties and obligations are, and was willing, frankly, to set that aside.”

The Jan. 6 committee’s investigators have recently focused on Eastman’s efforts to pressure Pence to declare Trump the winner, but there has been little public notice that Cruz and Eastman have known each other since they clerked together 27 years ago for then-U.S. Appeals Court Judge J. Michael Luttig. Cruz’s proposal ran on a parallel track to Eastman’s memos.

Luttig told The Post that he believesthat Cruz — who once said that Luttig was “like a father to me” — played a paramount role in the events leading to Jan. 6.

“Once Ted Cruz promised to object, January 6 was all but foreordained, because Cruz was the most influential figure in the Congress willing to force a vote on Trump’s claim that the election was stolen,” Luttig said in a statement to The Post. “He was also the most knowledgeable of the intricacies of both the Electoral Count Act and the Constitution, and the ways to exploit the two.”

Eastman, asked in an inquiry by a lawyer for the Jan. 6 committee whether he had “any communication with Senator Ted Cruz regarding efforts to change the outcome of the 2020 election,” declined to answer by invoking his Fifth Amendment right against self-incrimination. Eastman and his lawyer, Charles Burnham, declined a request for comment.(Thus far, the Jan. 6 committee has not subpoenaed Cruz, or asked for his voluntary cooperation, according to a source familiar with the matter who spoke on the condition of anonymity to discuss confidential matters. The committee has not announced the subpoena of any member of Congress as it deliberates how aggressively to pursue that line of inquiry.)

Cruz, after initially agreeing to an interview with The Post at his Senate office, canceled shortly before it was to begin and declined to speak to a reporter. The Post then submitted a lengthy set of written questions, only some of which were addressed directly by Cruz’s spokeswoman.

Asked whether Cruz had communicated in any way with Eastman about challenging the election, the senator’s spokeswoman, Maria Jeffrey Reynolds, did not respond directly.

“Sen. Cruz has been friends with John Eastman since they clerked together in 1995,” Jeffrey Reynolds said via email. “To the best of his recollection, he did not read the Eastman memo until months after January 6, when it was publicly reported.”

As for Cruz’s effort to fight the election results, the spokeswoman said: “He has repeatedly observed that, had Congress followed the path he urged and appointed an Election Commission to conduct an emergency 10-day audit and consider on the merits the evidence of voter fraud, the American people would today have much greater confidence and trust in the integrity of our elections and our democracy.”Advertisement

As Cruz fought to keep Trump in the White House, he frequently noted that this was not the first time he had played a leading role in trying to turn a contested election in favor of the Republican presidential candidate. Indeed, he had laid the groundwork 20 years earlier.

I give Cruz credit. He is one of the few to acknowledge that Bush vs Gore set the precedent for what they tried to do on January 6th.

Shortly after the 2000 presidential contest between Republican George W. Bush and Democrat Al Gore, Cruz — then a 29-year-old graduate of Harvard Law School — received an urgent request: There was going to be a recount of the Florida vote and Bush’s campaign wanted his help.

Cruz rushed to Tallahassee and arrived that afternoon, and he said he believed that after a “quick, perfunctory legal proceeding,” Bush would be declared the winner. But there were serious questions about who had received the most votes in Florida. By Cruz’s account, he played a pivotal role, rewriting briefs and sleeping for “a total of seven hours” in his first six days in Florida. He wrote in his memoir that he and others on Bush’s team were convinced Gore “was trying to steal the presidency.”

Cruz wrote that he was “astonished” at Gore’s move to contest the outcome, recalling how Richard M. Nixon had lost to John F. Kennedy amid fraud allegations but had “resisted the urge to contest the results and divide the country indefinitely. I thought it was a rather petulant display by Vice President Gore.”

Five years after writing those words in his 2015 memoir, it would be Cruz leading the charge to challenge a presidential election in an effort that continues to divide the country.

They literally have no shame. Or pride. Or integrity.

Two days after the 2020 election, as absentee ballot counts in swing states piled up in Biden’s favor,Trump tweeted the falsehood that “I WON THIS ELECTION, BY A LOT!” Around the time he sent that tweet, the president talked with Cruz on the phone, the senator from Texas has said.

Trump’s call underscored their remarkable reconciliation. During the 2016 presidential campaign, Trump had called Cruz “the single biggest liar I have ever dealt with in my life” and attacked Cruz’s wife and father. Cruz called Trump an “arrogant buffoon,” and refused to endorse the nominee at the Republican National Convention, which got him booed off the stage.Advertisement

But in September 2016, Cruz offered a quid pro quo: He would back Trump if the candidate agreed to select a Supreme Court justice from a Cruz-approved list. “The price of my endorsement was explicit,” Cruz later wrote in his book “One Vote Away.” Trump agreed, Cruz wrote. The nominee switched from calling Cruz “Lyin’ Ted” to “Beautiful Ted,” while the senator stood by Trump after The Post revealed the “Access Hollywood” tape in which Trump talked in vulgar terms about women. Cruz became a staunch ally during Trump’s presidency.

When Trump talked to Cruz two days after the 2020 election, the senator’s allegiance was tested anew. That night, to the shock of some of his aides, Cruz amplifiedTrump’s stolen-election claims on the Fox News show hosted by Sean Hannity, who moonlighted as one of Trump’s most influential advisers. He told Hannity’s millions of viewers that Democrats were “defying the law” because they didn’t want GOP observers to see ballot counting.

“They are setting the stage to potentially steal an election not just from the president but from the media,” Cruz said.(The allegation that Republican observers were kept from seeing the vote count was rebutted by those who ran the ballot operation and rejected by the Pennsylvania Supreme Court.)Advertisement

In the weeks that followed, as Trump allies lost a string of election cases, Cruz began suggesting he could lead a more effective legal strategy. He talked about his success in helping Bush’s legal team and howhe had argued a total of nine cases before the Supreme Court, mostly as the Texas solicitor general. Two days later, he announced he had agreed to represent Pennsylvania Republicans in their effort to block certification of that state’s presidential results. The Supreme Court rejected that request, though, a near-fatal blow to efforts to overturn the election in the courts.

But the next day, Trump and Cruz focused on another avenue to put the matter before the Supreme Court: a case filed by Texas Attorney General Ken Paxton, who argued his state had standing to ask the court to throw out election results in Georgia, Pennsylvania, Michigan and Wisconsin.

When Trump called on Dec. 8 as Cruz dined out, the president asked whether he was surprised about the loss of the Pennsylvania case, Cruz later recalled on his podcast, “Verdict with Ted Cruz.” Cruz said he was unhappy but “not shocked” that the federal court did not take a case about state law: “That was a challenging hurdle.”

When Cruz agreed to Trump’s request to argue the Texascase, it shocked some who knew him best. One adviser said he called Cruz to express dismay, telling the senator it went against the principles on which he built his political brand.Advertisement

“If you’re a conservative federalist, the idea that one state can tell another state how to run their elections is outrageous, but he somehow contorted in his mind that it would be okay for him to argue that case,” said the adviser, who spoke on the condition of anonymity to describe a private conversation.

Rep. Chip Roy (R-Tex.), who had served as Cruz’s chief of staff and was a former first assistant attorney general in Paxton’s office, tweeted that the case “represents a dangerous violation of federalism” that “will almost certainly fail.” He did not respond to a request for comment.

Cruz’s spokeswoman said that he agreed to Trump’s request because “he believed Texas deserved to have effective advocacy” but said that “he told President Trump at the time that he believed the Court was unlikely to take the Texas case.”

Cruz’s cooperation was seen as crucial by Trump’s allies. They believed his experience and standing as a senator brought credibility in comparison to the much-criticized work of Trump’s other attorneys, like former New York mayor Rudolph W. Giuliani, who would later have his New York state license suspended for making “demonstrably false and misleading statements” about the election. (Giuliani could not be reached for comment.)

With Cruz’s commitment secured, Trump tweeted the next morning: “We will be INTERVENING in the Texas (plus many other states) case. This is the big one. Our Country needs a victory!”

But the Supreme Court rejected the case — the second straight decision in which it turned down Trump’s allies.

So Cruz focused on a congressional plan. At least one member of the U.S. House and Senate was needed to contest a state’s presidential results. Rep. Mo Brooks (R-Ala.) had announced his intent to do so, and he found his Senate partner on Dec. 30 when Sen. Josh Hawley (R-Mo.) volunteered.

Eastman and Cruz’s actions soon began to directly complement each other.

Eastman wrote in the first of his two memos about overturning the election that his plan relied on a senator delaying certification — and he specifically mentioned the possibility that Cruz could do it. A second version of that memo doesn’t mention Cruz, but the first line in the six-page document still argues that state legislatures have the power to choose electors — mirroring Cruz’s plan.

Cruz’s role in the Senate was crucial because it was not clear that any other senator would join Hawley, a freshman who had campaigned as an outsider without Washington relationships.

On Jan. 2, 2021, Cruz unveiled his plan for states to start an “emergency 10-day audit,”backed by 10 other senators. The idea was met with ridicule even from some of Trump’s most vociferous supporters. “Proposing a commission at this late date — which has zero chance of becoming reality — is not effectively fighting for President Trump,” Sen. Lindsey O. Graham (R-S.C.) said on Twitter. The conservative magazine National Review lambasted the idea in an article headlined: “The Folly of the Cruz Eleven.”

Cruz nonetheless pushed forward. Trump promptly tweeted his delight that the effort was “led by Sen. Ted Cruz.”

Eastman, meanwhile, met at the White House on Jan. 4 with Trump and Pence to discuss his plan. The next evening, Cruz appeared on Hannity’s show. Without noting that he had played a key role in spreading Trump’s false election claims on the same show two months earlier, Cruz told Hannity: “We have an obligation to the country. You know, you look at polling right now that shows that 39 percent of Americans believe the election was rigged. That’s heartbreaking.”

The piece goes on to say that Cruz actually lost some allies for doing this. He had allies?

The next morning, at 8:17 a.m. on Jan. 6, Trump tweeted his support for the proposal that had been put forward by Cruz, without mentioning his name. He called for Pence to send the matter back to the states, which was in line with the senator’s proposal for a 10-day audit.

“States want to correct their votes, which they now know were based on irregularities and fraud, plus corrupt process never received legislative approval,” Trump tweeted.

Cruz’s advisers were conflicted. Some supported making every effort to overturn the election, but a number of them directly urged him not to support Trump’s false claims. One adviser, who spoke on the condition of anonymity to discuss a confidential conversation, asked Cruz to certify Biden’s election by citing a Post report about Trump’s phone call urging Georgia’s secretary of state to find enough votes to declare him the winner.

An even stronger rebuff came from one of Cruz’s most important allies: Chad Sweet, the former chairman of his 2016 presidential campaign. Sweet had known Cruz since they worked together on Bush’s reelection campaign in 2004. They had talked and debated countless times over the prior 16 years.

Now, just before the events of Jan. 6, Sweet urgedthe senatornot to challenge the results. Sweet had helped create a nonpartisan group in 2020 called Citizens for a Strong Democracy, which focused on strengthening public confidence in election systems. So he was intimately familiar with how falsehoods were being used to try to overturn Biden’s win.

Sweet told Cruz “that if he proceeded to object to the Electoral count of the legitimate slates of delegates certified by the States, I could no longer support him,” Sweet later wrote on his LinkedIn page.

But Cruz rejected his friend’s advice.

Cruz was the first Senator to voice an objection that morning, following Peter Navarro’s stupid “Green Bay Sweep” plan.

In his Senate speech, Cruz stressed that he objected to “all six of the contested states” and urged approval of his audit plan. As he spoke, rioters were already storming the outer barricade west of the Capitol. He based his plan on a provision in the Constitution that says, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.”

While legislatures previously had determined electors based on the popular votes, legal scholars said it was notable that the Supreme Court, in the 2000 Bush v. Gore case in which Cruz participated, said that a state legislature “may, if it so choose, select the electors itself.”

Austin Sarat, a professor of law and politics at Amherst College, said Cruz’s plan had a deeper constitutional underpinningthan Eastman’s outline of a scenario in whichPence could overturn the election himself, although Sarat stressed he didn’t agree with it.

“I think that Cruz thing was much more dangerous because it has the kind of `constitutional plausibility’ that the Pence thing never had,” Sarat said. “Not because it was well-grounded, but one could make the argument the Constitution provides for it.”

In fact, there was no evidence of widespread fraud that would have changed the results in any of the six states that Cruz said he contested. Soon after Cruz finished speaking, rioters began breaking into the Capitol, and he went to a secure location.

Hours later, after the rioters were removed and the Senate returned to its session, Eastman emailed Pence’s lawyer, Greg Jacob, at 9:44 p.m., to plead for one last effort. Eastman suggested a “minor violation” of the law to enable a 10-day delay for legislatures to conduct an audit, according to a document released by the Jan. 6 committee — again mirroring Cruz’s plan.

Cruz’s effort to reject the Arizona results failed by a vote of 93-to-6. It seemed clear his path to overturn the election was over, and he huddled with his staff about whether to proceed with his plan to object to the Pennsylvania results.

For months, one of those staffers, communications director Lauren Bianchi, had promoted Cruz to the press as a smart and savvy constitutionalist. But now, in a telephone conference call with the senator and other aides, she pleaded with Cruz to stop. At that moment, she said in an interview with The Post, “I felt like he wanted to hear what I wanted to say.”

So she spoke up.

“My message to the senator, after reflecting on the day and seeing how the country was being torn apart, was: `We’re going to live tofight another day. There are concerns about election integrity. Let’s keep fighting but today is no longer the day to fight. You need to be a unifier.’ ”

“Senator,” Bianchi said she told Cruz, “you need to be the adult in the room.”

As she hung up the phone, Bianchi said, “I felt very alone” and she wasn’t sure what Cruz would do.

He rejected her advice.

In the days that followed many of his closest allies broke their ties.

Carly Fiorina, who Cruz chose to be his running mate in 2016 said in interview with Washington Post Live in May 2021 that she thought Cruz had spread unsubstantiated claims of election fraud, Fiorina said of Cruz and others who aided Trump, “My only explanation is they’re focused on short-term political gain, political expediency and clinging to power.”

Ya think?

Cruz, meanwhile, is making all the moves of a likely 2024 presidential candidate appealing to the Trump base.

He went on Tucker Carlson’s Fox News show to apologize for calling Jan. 6 “a violent terrorist attack,” saying his “frankly dumb” language referred only to those who attacked police officers, not “peaceful protesters supporting Donald Trump.” He played up claims that the government was somehow involved in the attack on the Capitol, asking an FBI official at a Senate hearing, “How many FBI agents or confidential informants actively participated in the events of Jan. 6?”

Last month, he visited Trump at his Mar-a-Lago resort in Florida and tweeted a photo of the meeting. He rode shotgun in the lead vehicle in a trucker convoy protesting pandemic-related mandates in a March 10 event. He posed a series of confrontational questions to Supreme Court nominee Ketanji Brown Jackson regarding her views on anti-racism.

Asked recently by an online site called the Truth Gazette whether he is considering seeking the presidency again, he responded: “Absolutely, in a heartbeat.”

God have mercy on our souls.

Yes, Trump committed a crime when he attempted a coup

A federal judge in the John Eastman case says Trump committed obstruction of congress. He’s seen the documents:

A federal judge ruled Monday that President Donald Trump “more likely than not” attempted to illegally obstruct Congress as part of a criminal conspiracy when he tried to subvert the 2020 election on Jan. 6, 2021.

“Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021,” U.S. District Court Judge David Carter wrote.

Carter’s sweeping and historic ruling came as he ordered the release to the House’s Jan. 6 committee of 101 emails from Trump ally John Eastman, rejecting Eastman’s effort to shield them via attorney-client privilege.

Eastman used the email account of his former employer, Chapman University, to discuss political and legal strategy related to efforts to overturn the 2020 election and had sued the select committee to prevent them from obtaining the emails from the school.

Carter, who sits in federal court in California, said that the plan Eastman helped develop was obviously illegal and that Trump knew it at the time, but pushed forward with an effort he says would have effectively ended American democracy.

“If Dr. Eastman and President Trump’s plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution,” Carter wrote. “If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.”

The remarkable ruling may be the first in history in which a federal judge determined a president, while in office, appeared to commit a crime. The decision has no direct role in whether Trump will be charged criminally but could increase pressure on the Justice Department and its chief, Attorney General Merrick Garland, to conduct an aggressive investigation that could lead to such charges.

Thus far, Garland has promised to probe legal violations related to Jan. 6 “at any level,” but there have been virtually no outward signs that the Justice Department is investigating Trump or his top advisers over their roles in instigating the Capitol attack or otherwise scuttling or delay the electoral-vote-tallying session.

Justice Department spokespeople did not immediately respond to requests for comment on the ruling.

Eastman’s strategy centered on pressuring then-Vice President Mike Pence to single-handedly overturn the election when Congress convened on Jan. 6 to count electoral votes. Eastman urged Pence to simply declare the election in dispute and send the process back to GOP-controlled state legislatures, who could then replace Joe Biden’s electors with Trump’s. Pence resisted that push, and his aides argued fiercely that the plan was plainly illegal.

Carter ruled that the efforts by Trump and Eastman were obviously contrary to a federal law, the Electoral Count Act, which has governed the counting of electoral votes since 1887. Eastman premised his plan on a belief that the 135-year-old law was unconstitutional and urged Pence to simply ignore aspects of it he viewed as inconvenient. Carter said the recourse to oppose the Electoral Count Act was in court, not “a last-ditch attempt to secure the Presidency by any means.”

“Our nation was founded on the peaceful transition of power, epitomized by George Washington laying down his sword to make way for democratic elections,” Carter wrote in a 44-page ruling. “Ignoring this history, President Trump vigorously campaigned for the Vice President to single-handedly determine the results of the 2020 election. With a plan this ‘BOLD,’ President Trump knowingly tried to subvert this fundamental principle.”

The decision also helps shore up a theory increasingly embraced by members of the Jan. 6 select committee: that Trump seized on legal strategies he knew were meritless in order to subvert the transfer of power to Joe Biden — an effort that contributed to the violence that unfolded at the Capitol. Trump allies have long assailed the select committee as a political effort led by Democrats, but Carter’s analysis now gives the committee the imprimatur of a federal court.

Among the emails Carter ordered released included documents prepared for members of Congress. Seven senators are named as the recipients of some of the documents, though they were created to persuade lawmakers, not in preparation for litigation.

Eastman had claimed attorney-client privilege over nine emails and attachments, but none of the emails listed Trump as a sender or recipient, Carter noted, and two of them blind copied a close Trump adviser. Other emails included discussion of state-level efforts about election fraud allegations.

Perhaps the most important email in the newly disclosed batch is a memo to Trump attorney Rudy Giuliani, which was forwarded to Eastman, sketching out a series of scenarios surrounding the Jan. 6 session.

“This may have been the first time members of President Trump’s team transformed a legal interpretation of the Electoral Count Act into a day-by-day plan of action,” Carter noted. “The memo is both intimately related to and clearly advanced the plan to obstruct the Joint Session of Congress on January 6, 2021.”

Carter indicated that the memo “maps out potential Supreme Court suits and the impact of different judicial outcomes.” Though the memo was clearly related to potential litigation, Carter determined that it warranted disclosure because of the “crime-fraud exception” to attorney-client privilege.

In his ruling, Carter agreed that 10 of Eastman’s emails should remain shielded by attorney-client privilege. But he said none of the 10 appeared “pivotal” to the select committee’s investigation. Nine of them, he wrote, were about potential litigation, and the tenth captured Eastman’s “thoughts on the evening of January 6 about potential future actions.”

Carter, who sits in Los Angeles and is an appointee of President Bill Clinton, acknowledged long-shot arguments by Eastman that the 1887 law governing the tallying and certification of electoral votes was at odds with the Constitution. However, the judge said that did not permit Trump the right to defy the statute or to seek to persuade Pence to circumvent it.

“Believing the Electoral Count Act was unconstitutional did not give President Trump license to violate it,” Carter wrote. “Disagreeing with the law entitled President Trump to seek a remedy in court, not to disrupt a constitutionally-mandated process. And President Trump knew how to pursue election claims in court — after filing and losing more than sixty suits, this plan was a last-ditch attempt to secure the Presidency by any means.”

Marcy Wheeler has been on this for many months. Of course.

Inside the wingnut civil war in Georgia

You hate to see it.

The following is from the NY Times. Enjoy:

When Donald Trump recruited David Perdue to run for governor of Georgia, Mr. Trump’s allies boasted that his endorsement alone would shoot Mr. Perdue ahead of the incumbent Republican governor, Brian Kemp. Georgia Republicans braced for an epic clash, fueled by the former president’s personal vendetta against Mr. Kemp, that would divide the party.

But two months out from the Republican primary election, Mr. Perdue’s campaign has been more underwhelming than epic. In an effort to boost Mr. Perdue and put his own stamp on the race, Mr. Trump came to Georgia on Saturday for a rally for Mr. Perdue and the slate of candidates the former president has endorsed. Thousands of Trump supporters turned out in the small city of Commerce, 70 miles northeast of Atlanta and about 20 miles outside of Mr. Kemp’s hometown, Athens.

Early polls have steadily shown Mr. Perdue, a former senator, trailing Mr. Kemp by about 10 percentage points. The governor has the backing of many of the state’s big donors and remains far ahead of Mr. Perdue in fund-raising. After pursuing a deeply conservative legislative agenda, Mr. Kemp has secured support from most of the top state leaders and lawmakers, even those who have, until now, aligned with Mr. Trump.

Mr. Perdue’s sputtering start may hint at a deeper flaw in Mr. Trump’s plan to punish the governor for refusing to work to overturn Georgia’s 2020 election results: Mr. Trump’s grievances may now largely be his alone. While polls show many G.O.P. voters believe lies about fraud and irregularities in the 2020 election, there is little evidence that Republicans remain as fixated on the election as Mr. Trump. The challenge for Mr. Perdue, as well as for other candidates backed by Mr. Trump, is to make a case that goes beyond exacting revenge for 2020.

“When you’re running against an incumbent governor, it’s a referendum on the incumbent,” said Eric Tanenblatt, a chief of staff to former Georgia Gov. Sonny Perdue, the former senator’s cousin. “And if the incumbent has a good track record, it’s going to be hard to defeat him.”

Mr. Tanenblatt backed David Perdue’s past Senate campaigns, including his losing bid last year. But Mr. Tanenblatt is now among the Republicans worried that Mr. Perdue is merely distracting the party from its top goal: fending off the likely Democratic nominee, Stacey Abrams.

“Donald Trump’s not on the ballot. And there has to be a compelling reason why you would vote out an incumbent,” Mr. Tanenblatt said. “I don’t think there is one.”

All seven of Mr. Trump’s endorsed candidates spoke at the rally. Nearly every speaker echoed Mr. Trump’s false election claims, placing the blame on Dominion voting machines and Democratic lawmakers for Republicans’ 2020 losses in Georgia. Mr. Perdue took things further, however, placing the blame for his Senate campaign loss and Mr. Trump’s defeat on Mr. Kemp.

“Let me be very clear. Very clear,” Mr. Perdue said to the crowd. “In the state of Georgia, thanks to Brian Kemp, our elections were absolutely stolen. He sold us out.”

Mr. Perdue’s allies argue that Governor Kemp’s track record is forever tainted by his refusal to try to overturn the election results or call a special legislative session to review them, even though multiple recounts confirmed Joe Biden’s win.

“That’s the wound with the salt in it right now that hasn’t healed,” said Bruce LeVell, a former senior adviser to Mr. Trump based in Georgia. “David Perdue is the only one that can unify the Republican Party in the state of Georgia. Period.”

Michelle and Chey Thomas, an Athens couple attending the rally, said they were unsure whether they would support Mr. Perdue in the primary or vote to re-elect Mr. Kemp as they knew little of Mr. Perdue before Saturday. Like many attendees, they were unsure if they could trust the results of the 2020 election. And Mr. Kemp, they believe, did not exercise the full extent of his power in November 2020.

“A lot of candidates say they are going to do something and don’t,” Ms. Thomas said. Mr. Kemp, she added, “could’ve done a lot better job.”

The candidates endorsed by Mr. Trump include Herschel Walker, a former Heisman Trophy winner running for Senate; U.S. Representative Jody Hice, a candidate for secretary of state; Vernon Jones, a former Democrat now running for Congress; and John Gordon, a conservative lawyer who helped Mr. Trump defend his false election claims in court. Mr. Trump this week endorsed Mr. Gordon’s bid for state attorney general.

Mr. Kemp has had years to guard himself against a challenge from the party’s Trump wing. He was one of the first governors to roll back Covid-19 restrictions in early 2020, drawing the support of many on the right who were angry about government-imposed lockdowns. Last year, he signed into law new voting restrictions that were popular with the Republican base. And in January, the governor backed a law allowing people to carry a firearm without a permit and another banning mailed abortion pills.

That record, Kemp supporters argue, won over Republican base voters, even those who agree with Mr. Trump that Mr. Kemp did not do enough to fight the election results in Georgia.

“I think they’ve turned the page on the election,” said State Senator Clint Dixon, a Republican representing the Atlanta suburbs. “And folks that may have been upset about that, still, they see that Governor Kemp is a proven conservative leader that we need.”

Of Mr. Trump’s rally, he added: “I don’t think it does much. And the polls are showing it.”

In early March, a Fox News poll of Georgia Republican primary voters showed Mr. Kemp ahead of Mr. Perdue by 11 percentage points.

Mr. Kemp has amassed a war chest of more than $12.7 million, compared with the $1.1 million Mr. Perdue has raised since entering the race in December. The Republican Governors Association has also cut more than $1 million in ads supporting Mr. Kemp — the first time the organization has taken sides in a primary race. (Since December, Ms. Abrams has been raising more than both men, bringing in $9.3 million by January.)

Mr. Kemp has worked to line up key Republican leaders — or keep them on the sidelines. Earlier this month, he appointed Sonny Perdue chancellor of the state’s university system. The former governor intends to remain neutral in the primary, according to people familiar with his plans.

Since losing Georgia by fewer than 12,000 votes in 2020, Mr. Trump has tried to turn the state’s politics into a proxy war over his election grievances. He blamed Mr. Kemp for his loss, saying he did not win Georgia because the governor refused to block certification of the results. Mr. Trump’s attempt to overturn the results is under criminal investigation.

Mr. Trump saw Mr. Kemp’s refusal as disloyal, in part because Mr. Trump endorsed the governor in a 2018 primary, helping to propel him to a decisive win.

“It is personal,” said Martha Zoller, a Georgia-based conservative radio host and former aide to both Mr. Kemp and Mr. Perdue. “President Trump believes that he made Brian Kemp.”

Now Mr. Perdue’s campaign is looking for the same boost from Mr. Trump. Although Mr. Perdue’s ads, social media pages and campaign website note that he is endorsed by Mr. Trump, Mr. Perdue’s campaign aides believe many voters are not yet paying attention and do not know that he has Mr. Trump’s support. The former corporate executive has been a Trump ally, but he hardly exuded the bombast of his political benefactor during his one term in the Senate.

Mr. Perdue is now running to the right of Mr. Kemp. He recently campaigned with Representative Marjorie Taylor Greene at a rally in her rural northwest Georgia district, even after the congresswoman appeared at a far-right conference with ties to white supremacy.

At the rally, Mr. Perdue lamented the “assault” on Georgia’s elections and reminded the crowd that he “fought for President Trump” in November 2020. At the time, he said, he asked not only for Mr. Kemp to call a special legislative session, but also for the resignation of Georgia’s current secretary of state, Brad Raffensperger — remarks received with loud applause.

Although Mr. Perdue’s campaign has largely focused on the 2020 election, he and Mr. Kemp have split over other issues. Mr. Perdue opposed construction of a Rivian Automotive electric truck factory in the state, saying that the tax incentives it brings could benefit wealthy liberal donors. Mr. Kemp embraced the deal as a potential economic boon.

Mr. Perdue also split with Mr. Kemp when Mr. Perdue gave his support to a group of residents in Atlanta’s wealthy Buckhead neighborhood who are seeking to secede from the city. The idea gained traction among some who were concerned about rising crime rates in Atlanta, but the effort is now stalled in the state legislature.

If Mr. Trump was concerned about the campaign, he didn’t show it at the rally. Before bringing Mr. Perdue onstage later in the evening, he promised supporters that the former senator would champion election integrity and defeat Stacey Abrams.

“That’s a big crowd of people,” he said. “And they all love David Perdue.”

Lol! Here’s one of that crowd before the rally:

Whither democracy?

I’m posting this long conversation between various smart people talking about the various dangers to our democracy. It’s much more complicated than we realize. And frankly, the solutions they offer seem impossible to me. I wish it weren’t so, and maybe I’m just pessimistic. I guess I’m pinning my hopes on it burning out rather than turning into a real civil war. Anyway:

Early last year, Freedom House, an American organization that since World War II has warned against autocracy and repression on the march around the world, issued a special report on a country that had not usually warranted such attention: its own. Noting that the United States had slid down its ranking of countries by political rights and civil liberties — it is now 59th on Freedom House’s list, slightly below Argentina and Mongolia — the report warned that the country faced “an acute crisis for democracy.” In November, the International Institute for Democracy and Electoral Assistance, an influential Stockholm-based think tank, followed suit, adding the United States to its list of “backsliding democracies” for the first time.

The impetus for these reassessments was Donald Trump’s attempts to overturn the 2020 election results and the Jan. 6 attack on the Capitol that followed. But as the reassessments themselves noted, those shocks to the system hardly came out of nowhere; like the Trump presidency itself, they were both products and accelerants of a process of American democratic erosion and disunion that had been underway for years and has continued since. In states across the country, Republican candidates are running for office on the platform that the 2020 election was stolen — a view held by about three-quarters of Republican voters. Since the beginning of 2021, Republicans in at least 25 state legislatures have tried, albeit mostly unsuccessfully, to pass legislation directly targeting the election system: bills that would place election oversight or certification in the hands of partisan legislatures, for instance, and in some cases even bills specifically punishing officials who blocked attempts to overturn the 2020 election outcome in Trump’s favor. And those are just the new developments, happening against a backdrop of a decade-long erosion of voting rights and a steady resurgence of political extremism and violence, and of course a world newly at war over the principles of self-​determination and democracy.

How bad is it, really? We convened a panel of experts in an attempt to answer that question: political scientists who have studied the lurching advances and retreats of democracy in other countries and the dynamics of American partisanship; a historian of and activist for civil rights in the United States; and Republican legal and political operatives who guided the party to victories in the past and are now trying to understand its current state.

The Panelists:

Carol Anderson is the Charles Howard Candler Professor of African American Studies at Emory University. She is the author of “One Person, No Vote: How Voter Suppression Is Destroying Our Democracy.”

Benjamin Ginsberg practiced election law for 38 years, representing Republican candidates, elected officials and party committees. He is co-chair of the Election Officials Legal Defense Network, a distinguished visiting fellow at the Hoover Institution and a lecturer at Stanford Law School.

Sherrilyn Ifill will step down this month after nearly a decade as president and director-counsel of the N.A.A.C.P. Legal Defense Fund.

Steven Levitsky is professor of government and director of the David Rockefeller Center for Latin American Studies at Harvard University. He is co-author (with Daniel Ziblatt) of “How Democracies Die.”

Sarah Longwell is a founder of Defending Democracy Together and executive director of the Republican Accountability Project. She is also the publisher of The Bulwark.

Lilliana Mason is an associate professor of political science at Johns Hopkins University and the SNF Agora Institute. She is the author of “Uncivil Agreement: How Politics Became Our Identity.”

Charles Homans: Steven, when you and Daniel Ziblatt published “How Democracies Die” in 2018, you considered the possible futures ahead of us as a country after Donald Trump’s presidency. And you concluded that the likeliest scenario was maybe not the worst outcome — full-blown authoritarianism — but a moderately grim one: an era “marked by polarization, more departures from unwritten political conventions and increasing institutional warfare.” How do you think that prediction holds up?

Steven Levitsky: I think it was broadly right. Trump didn’t consolidate an autocracy. But things got a lot worse more quickly than we expected. Even though our book was considered a little on the alarmist side when it was published, I think we were insufficiently alarmed.

We did not anticipate the rapid and thoroughgoing Trumpization of the Republican Party. We did not consider the Republican Party to be an antidemocratic force when we wrote the book in 2017. Today I consider the Republican Party to be an antidemocratic force. That’s a big change. We thought that there were elements in the party capable of constraining Trump four years ago. We were wrong. And we never anticipated anything remotely like the attempted presidential coup of 2021.

Sarah Longwell: I agree. When I co-founded Republicans for the Rule of Law An outside spending group started by a band of prominent Trump-dissenting Republican activists during the lead-up to Trump’s first impeachment, Republicans for the Rule of Law aired ads urging congressional Republicans to “demand the facts” about Trump’s efforts to pressure President Volodymyr Zelensky of Ukraine to investigate Joe Biden’s son Hunter. in 2018, I looked at Trump’s victory in 2016 and thought, OK, this is an accident of history. I would have told you that Trump is a cancer on the party, but if you cut him out, you know, there’s enough institutional memory that the party will bounce back. But Trump metastasized, right? He reconstituted much of the party in his image. In 2022, there are hundreds of mini-Trumps running for office.

That Jan. 6 happened isn’t the most surprising part. What is most alarming is that Trump wasn’t held accountable for it, and that the party has decided today that, even after he incited an insurrection, he should still be the leader of the party. People like Tim Scott — people that you might have said, “These are the good, reasonable, post-Trump Republicans,” the people I counted on to constrain him — are now happy to be considered for his vice-presidential candidate and to endorse him for 2024.22Scott, a Republican senator from South Carolina, was asked by Fox News in February if he would consider joining Trump’s 2024 ticket. “Everybody wants to be on President Trump’s bandwagon, without any question,” he replied.

Sherrilyn Ifill: I think that it’s really important for us not to begin with Trump. I have repeatedly described Trump as an accelerant. But he was able to accelerate something that already existed. One of the issues that I’ve been most frustrated by is the failure of so many of those who really study democracy, and who see themselves as people who are committed to democracy and democratic ideals, to see the signs that were quite apparent long before Trump came into office. Things like voter suppression against Black voters, or police officers killing unarmed Black people with impunity, were treated as a race issue and not a democracy issue, when if we saw them in any other country, we would recognize them as indicators of something being wrong with a democracy.

Carol Anderson: With Obama, there was this narrative: “Woo, we have crossed the racial Rubicon! We have overcome! We put a Black man in the White House!” Without looking at the data that shows that a majority of white people did not vote for Barack Obama and that they have not voted for a Democratic candidate for president since 1964, the year Lyndon Johnson signed the Civil Rights Act.

Ifill: Our democracy was in terrible trouble when we had a Black president and a Black attorney general, and there was this thin veneer that we were moving in one direction. I remember at the time being in a meeting with President Obama and saying: “Let me explain to you what is happening in Texas. Let me explain to you what’s happening in Alabama.”33During the Obama presidency, the N.A.A.C.P. and other organizations sued to block new voter-ID laws in Texas and Alabama on the grounds that they deliberately discriminated against Black and Latino voters. The Alabama law was upheld, but in Texas a federal court sided with the N.A.A.C.P., and the state wrote a replacement bill. After the Supreme Court decided the Shelby County v. Holder case, which removed the preclearance provision, a critical provision from the Voting Rights Act,44“Preclearance” required states with documented histories of discriminatory voting procedures — most of them former Jim Crow states in the South — to submit any proposed changes to their election procedures to the Department of Justice. there was this wave of voter-suppression laws that were happening around the country with very explicit statements from Republican leaders of those states, saying, “We’re free and clear now.”

The Legal Defense Fund and other civil rights organizations were litigating cases in 2014 in Texas and North Carolina. And in both of those cases, you had courts saying that the legislatures had passed these laws for the purpose of discriminating against Black voters.55In addition to the Texas voter-ID case, civil rights organizations sued North Carolina over the Republican-led Legislature’s 2013 omnibus elections bill, which imposed strict voter-ID requirements, restricted early voting and eliminated same-day voter registration — measures that a panel of federal judges, in overturning the law, ruled targeted Black voters “with almost surgical precision.” That’s kind of a big deal. That sounds to me like a democracy problem. That is a problem that existed before Trump.

[long discussion of the failure of the For the People Act and legislative mistakes with voting rights]

Lilliana Mason: The important thing is to remember that the parties are not static objects. They have been changing consistently and gradually in a single direction since the civil rights legislation of the 1960s. Republicans and Democrats had to work together to pass that legislation, but the legislation itself was a signal to Southern white conservative Democrats that this was maybe not their party anymore. But because partisanship is such a strong identity, it took a generation for those people to not just leave the Democratic Party but join the Republican Party. That process happened so gradually that it was sort of hard to see for a lot of people. What Trump did was to come in and basically solidify that trend.

For a recent article, I worked with co-authors to look at data from interviews conducted with people in 2011 and then again in 2016, 2017, 2018. You can predict who’s going to like Trump in 2018 based on their attitudes in 2011 toward African Americans, Latinos, L.G.B.T.Q. Americans and Muslims. And those are people coming not just from the Republican Party; they’re also coming from the Democratic Party, they’re independents. Trump basically worked as a lightning rod to finalize that process of creating the Republican Party as a single entity for defending the high status of white, Christian, rural Americans.

It’s not a huge percentage of Americans that holds these beliefs, and it’s not even the entire Republican Party; it’s just about half of it. But the party itself is controlled by this intolerant, very strongly pro-Trump faction. Because we have a two-party system, we effectively empowered 20 to 30 percent of the country that is extremely intolerant and doesn’t really believe in democracy; we’ve given them a whole political party. And the last time we did that was really around the Civil War.

Homans: Sarah, I’m curious how that squares with your experience. You’ve spent the past several years working in various organizations to mobilize opposition to this faction within the Republican Party, but you’ve also been regularly conducting focus groups to explore why Trump has elicited so much support within that party.

Longwell: I still try to really remain optimistic about the goodness and the decency of a lot of Americans and of parts of the Republican Party. I have to. I mean, the old Republican Party did support the Voting Rights Act. But there was this recessive gene in the party that went through the Pat Buchanans and Sarah Palins. The party would say, “Palin can have the vice presidency” — like, she’ll be a nationalist-populist type, and that’s going to sate this recessive gene. And of course, Trump turned it into the dominant gene.

But I don’t want to let Democrats off the hook entirely here. You know, when I started doing the focus groups, I would ask G.O.P. voters who really didn’t like Trump why they voted for him. And the No. 1 answer you would get was: “I didn’t vote for Donald Trump. I voted against Hillary Clinton.” A lot of that is the longstanding hatred Republicans have for the Clintons and probably a bit of sexism as well. But there is also a reaction to a Democratic Party that is moving left and has a more difficult time appealing to swing voters. It is increasing negative polarization: I hate their side more than I like my side. And the cultural-war stuff is so much of it now. Whether it’s critical race theory, defund the police or the fight over using pronouns, Democrats often sound like aliens to many voters — including Black and Latino voters. Republicans have been increasing their support among minorities, because often these groups are more culturally conservative in ways that wedge them off from the current Democratic Party.

Ifill: We’re only talking about political parties. And in my view, that’s part of the problem, because a democracy has many, many elements that hold it together. You need a functioning fourth estate. You need transparency, you need good information, you need education, you need the professions. I mean, I’ve been on this tear about my profession, the legal profession, and how much it has been part of this. We have to be looking at our professions, we have to be looking at the faith community, we have to be looking at our educational system. All of those are elements of what is going to decide the future of American democracy.

Levitsky: I take your point, Sherrilyn, but I think there is a difference. I think that for all the many weaknesses of other institutions, there is nothing within the judiciary, the media and the professions comparable to what is going on in the Republican Party.

Ifill: I agree with you, but I don’t think it’s possible to imagine creating a healthy democracy just by politically overcoming one party without also addressing the weakening of the other institutions that are supposed to constitute a check on the excesses of political parties. How would it have happened without the excesses in our media, the 24-hour megaphone of Fox News and One America News Network? How would it have happened without these other unravelings that actually aided and abetted it, without the judiciary itself? Without the disinformation that social media has allowed on those platforms?

Levitsky: But it’s entirely possible to polarize and break down without social media, right? We did it in the 1850s and 1860s. The Chileans managed to do it in the 1970s; the Spanish did it in the 1930s. And cable media exists in democracies across the world today, and only our Republican Party is going over the railing. I’m not saying the media is performing well, but I think that the central problem is the Republican Party.

Ginsberg: If it’s the Republican Party’s fault and the Republican Party’s fault alone, what’s the solution? What can you do about it? You have to recognize that the Democratic brand is as toxic in rural America as the Trump brand is in the salons of Manhattan and Northwest D.C. There are lots of solutions being proposed, but they’re being discussed only by people who agree with one another. I mean, there’s nobody in this conversation, with the possible exception of Sarah, who has the ability to impact the Republican Party at this point. The country is so divided that the red team and the blue team are not talking to each other, and the dismissal of one side by the other is not going to solve the problem.

And this divide goes beyond the political. There’s a much more fundamental and basic shift that has taken place in the country over the last 50 years, and that’s the “Big Sort” that Bill Bishop has described. We now have a country where people are more and more wanting to live with people like themselves. Now, that certainly has an impact in our politics, but it’s not being driven by our politics. It’s being driven by something deeper. 99In his influential 2008 book “The Big Sort,” the journalist Bill Bishop described the increasing self-segregation of Americans, with people of similar religious and political views and education levels growing more geographically concentrated since the 1970s.

Homans: Lily, one detail that I found fascinating in your book “Uncivil Agreement” is that according to survey data, since 2008 partisan enmity has increased much more rapidly than disagreement over the parties’ policy positions, which hasn’t changed that dramatically since the late 1980s. At this point, our arguments are not primarily about what the parties stand for but whom they stand for.

Mason: The word “identity” keeps coming up, and this is a really crucial part of it. And remember that we have research about intergroup conflict, right? Don’t look at this as, like, a logical disagreement situation. We’re not disagreeing on what kind of tax structure we should have. We’re not just disagreeing about the role of the federal government in American society. What we’re disagreeing about is increasingly the basic status differences between groups of people that have existed in America for a very long time. One of the things that Nathan Kalmoe and I found in our forthcoming book is that if you look at Democrats and Republicans who really, really hate each other and call each other evil and say the other party is a threat to the United States, the best predictor of that is how they think about the traditional social hierarchy.

White Democrats and Republicans had basically identical levels of racial resentment in 1986; today they’re 40 points apart. So one of the most passionate divides that we’re seeing between the parties right now, more than it has been in decades, is, does systemic racism exist? Does systemic sexism exist? Have we done enough to overcome it? Have we gone too far? When Trump made that an explicit conversation instead of a dog whistle, we actually had to start talking about it. And now we’re having this extremely difficult conversation as a country, and it’s never going to go well. It’s just not. There’s no possible way for us to have this conversation and stay calm and rational and reasonable about it. We’ve never done it before. It’s just very messy, and it’s going to be messy, and it’s going to get even uglier than it currently is.

Homans: With that in mind, we should talk about the resurgence of overt political violence that we’ve seen in this country in the last two years. Obviously this is a country that’s had a whole spectrum of political violence over the course of its history, even its relatively recent history. But the thing that really struck me in 2020 was that we saw things that really looked like partisan violence.

Levitsky: From a comparative perspective, it is really troubling to see mainstream parties’ reactions, or lack of reaction, to acts of political violence. You’re right, Charles, we’ve seen periods of violence before — a lot of violence in the late 1960s and early ’70s, for instance. But it was not partisan violence in the same way that we’re potentially seeing now. And one of the things about democratic breakdowns in Europe in the ’20s and ’30s and in South America in the ’60s and ’70s is that without exception, they were preceded by periods of paramilitary violence that was tolerated, condoned, justified, sometimes encouraged by mainstream political parties.

When acts of violence occur, mainstream parties need to close ranks in defense of democracy. The left, right and center need to stand up and, essentially in unison, publicly and forcefully denounce these acts and hold perpetrators accountable. That’s what needs to be done. And in cases when that happens, like Spain during its 1981 coup attempt or Argentina during its 1987 military uprising, democratic institutions can be shored up. But when one or both mainstream political parties is silent or winks at — or encourages or gives a fist pump to — acts of political violence or declares it “legitimate political discourse,” that is a really troubling sign.

Anderson: What we’re seeing, I liken it to a land, sea and air attack. The land attack is on voting rights. That is one of the ways that you begin to undermine democracy. The sea attack are these attacks against teaching critical race theory and “divisive” topics, so you can erase people from American history and erase the role of various people in American history. And the air attack is the loosening of gun laws that we’re seeing in Texas, Tennessee and Georgia.1010Texas and Tennessee both passed laws allowing for permitless carrying of firearms in 2021; the Georgia State Legislature passed a similar bill this year. This is a full-blown assault on American democracy that’s going after voting rights, that’s going after education and that is reinforcing political violence as an acceptable method of bringing about your political aims. That’s where we are, and that’s why this moment is so dangerous.

Ifill: I will share with you some of the most depressing moments for me in the past two years. One, of course, was Jan. 6 — and as you said, Sarah, not just Jan. 6 but the subsequent lining up of Republicans to say this was OK or to be silent. The second one was during the massive protests that happened following the release of the video of the killing of George Floyd, when the administration assembled a constabulary that stood on the steps of the Lincoln Memorial with masks on. We didn’t know where they were from, whether they were National Guard. We had no idea what their names were. Their badges weren’t visible. There was something so antidemocratic, something so crude about that, that truly frightened me.

And then the third one was the killing by Kyle Rittenhouse of two people in Wisconsin, and the reaction to that — because again, I’m presuming, whatever you believe happened in the interaction, that most of us who are parents would rather our children not have killed people by the time they’re 18 years old. That was a kind of an article of faith among us, as parents: that he would have been treated as a child who engaged in a traumatic activity, and not instead hailed as a hero. The Republican Party had been the party that regularly wagged its fingers at the Black community about our family values, and his mother was greeted with a standing ovation at a G.O.P. dinner. These were the three moments where I thought, This is so off the rails. The places where I would have thought, you know, some Republicans might say enough is enough.

Homans: Ben, you worked for the Republican Party for decades as an election lawyer. Did the way in which the party metabolized Trump’s response to the 2020 election, and the Jan. 6 attack, surprise you?

Ginsberg: The whole thing, honestly, has shocked me. It’s not so much the elected officials who were giving the fist pumps on Jan. 6, because they were sort of predictable in doing that. It’s the many people within the party whom I know and have known for years who are good, decent, principled people, who are silent. It’s the silence of the Republican Party that is most surprising to me and most upsetting. We’ve described the problem in this conversation, but the much more difficult part is figuring out what to do about it. I think that’s what Sarah and I as Republicans have a particular obligation to do. But I don’t know how you bring the people within the Republican Party who should be speaking out to do exactly what you say, Steve, which is to make clear that this violence and election denial is not acceptable.

Homans: Steven, one clear takeaway from “How Democracies Die” is that the resolution to democratic crisis really has to come from within the party that is incubating the anti-democratic movement. This was what the center-right parties in Germany and Italy failed to do in the 1930s, which delivered Hitler and Mussolini to power. But other European center-right parties in Sweden and Belgium, for instance, succeeded in expelling fascist movements within their ranks in that same period.

Levitsky: But I think the Republicans will not reform themselves until they take a series of electoral defeats, major electoral defeats — and given the level of partisan identity that Lily describes, and given an electoral system that is biased toward the Republicans through no fault of their own, that’s not going to happen.

Ginsberg: Well, part of that is, to me, a completely inexplicable series of strategic decisions by the Democrats. To much of the country, the current Democratic disarray does not present a viable alternative. I mean, I hate to go back to the small politics of it all, but honestly, look at what the Democrats in Congress have done legislatively in this session. They control all three branches of government, but they’re constantly squabbling among themselves and failing to pass much of their agenda. I know these debates over the issues they’re having among themselves are heartfelt. But as a strategy, their infighting only makes sense if they’re either trying to lower expectations for 2022 and 2024 — which they have done masterfully — or if they’re trying to reward Republicans for bad behavior, which is what the polls say they’re about to do in the 2022 elections. The Republicans are the bad actors right now, that’s absolutely accurate and true, but the Democratic Party is contributing to this by its own fecklessness and failing to present a viable alternative.

Levitsky: Some of that is obviously true. I think what’s needed in the short term to preserve democracy, to get through the worst of this storm, is a much broader coalition than we’ve put together to date. Something on the lines of true fusion tickets that really brings in Republicans — maybe not a lot of the electorate, but enough to assure that the Trumpist party loses. That would mean bringing in a good chunk of that Bush-Cheney network that’s out there — that in private says the same things that I’ve said, but that has thus far been largely unwilling to speak out publicly — and having them in many cases on the same ticket.

And that means something that we have not seen enough of in the last couple of decades, which is real political sacrifice. It means that lifelong Republicans have to work to elect Democrats. And it means the progressives have to set aside a slew of policy issues that they care deeply about so that the ticket is comfortable to right-wing politicians. And we’re nowhere near that, neither in the Bush-Cheney network nor in the Democratic Party. Having talked to a number of Democratic elected politicians, I can tell you that we are nowhere near Democrats being willing to make those kinds of political sacrifice. But that is what is needed.

Longwell: Republicans have to lose elections, and the Democrats have to build a sufficient pro-democracy coalition, one that spans from Liz Cheney to Liz Warren, to defeat this authoritarian version of the Republican Party. My criticism of Democrats is this: I’ve always been focused on the national debt. Big issue for me; real deficit hawk over here. I still care, but I now have higher-order concerns because I think American democracy is at stake. If you believe that the Republican Party is the existential threat that we have all just laid out, and I agree that it is, then the only thing to do is win elections and defeat antidemocratic Republicans.

And right now, this insane authoritarian party appears poised to kick Democrats’ butts in 2022. Why? Democrats keep putting forward unpopular ideas. We’re being told they’re popular, but they’re not. Voters weren’t interested in “transformational change” from the Build Back Better plan. They wanted Covid under control. They wanted gas prices to be lower. They don’t want runaway inflation. Even voter ID is popular — and I’m not saying you should run on voter ID, but there needs to be a sense among Democrats of, how do we reach the swing voters on the center-right that do think the Republican Party is going too far? Why aren’t they talking to Republicans from the beginning about how to put together a voting rights bill that could pass?

Ifill: I agree with you that the big tent is the way, but I’m skeptical that we get there on the kind of logical proposals that in the past might have attracted a coalition. Going back to the voting bill: The summer of 2021 was devoted to giving Joe Manchin a chance, which he requested, to shop to Republicans a more modest and pragmatic bill, which did include voter ID. We realized that that’s what people like. I think we’re at a point right now where the offer of the sensible deal does not seem to be the kind of thing that people are prepared to coalesce around because of just what you described. There’s a kind of a madness in the air. There’s a kind of a decadence.

But can I ask — because I rarely get this opportunity and Ben is here — I’m wondering, what do you see? Are there avenues to get in to the party that you have known and to tap into some remaining moral integrity and vision of people who are in that party?

Ginsberg: Your question does point up the problem. I’m not at all in lock step with the current Republican Party, but I’m as close as many on the left get to interacting with a partisan Republican. We are so polarized that the different sides just are not talking to each other at all. It seems to me that if there is an avenue that’s going to work, it has to be that we all swallow hard and again start talking to people with whom we really don’t agree, and maybe think we don’t respect, to see if there is common ground. We need, as a country and as individuals in communities, to take the really difficult step of figuring out how to start having those conversations.

Longwell: Part of what has changed is that Republicans have decided that it’s no longer important to be tethered to the truth. Even if Republicans don’t explicitly repeat Trump’s lies about the 2020 election, they help add credibility and fuel to his claims by auditing elections and pushing bills under the guise of “election integrity” even though there’s no evidence of widespread voter fraud in 2020. Just ask Trump’s attorney general, Bill Barr. You guys know who is most worried about democracy being under attack?

Mason: Republicans.

Longwell: Republicans! There’s a good CNN poll on this that asks, do you think American democracy is under attack? 46 percent of Democrats said “yes,” 46 percent of independents said “yes” and a full 66 percent of Republicans said “yes.” That’s because Republicans labor under the delusion that the 2020 election was stolen. So they are the most concerned about democracy. The people who stormed the Capitol on Jan. 6 thought they were fighting for democracy.

So “democracy” can be kind of an opaque term for voters. The public doesn’t really care about democracy the way we are talking about it in this conversation. And one of the reasons I reach for politics as the best solution is that there has to be a lever by which we defend democracy by winning elections.

Mason: One possible scenario is that we are just in the middle of this very bumpy part of a very necessary road that we have to drive down. And ultimately, we might get to a better place, to a smoother part of the road, or the wheels fall off the car, right? We just don’t know what’s going to happen now because we’re in the middle of it. It feels totally chaotic because it is chaotic. And Trump’s presidency allowed us to see that for the first time.

Ifill: Something that we underestimate, that Trump sold, he sold a kind of freedom. Those rallies, you know, “punch him in the face,” “grab women by the P” — what he offered is: “You know how you’ve been in these meetings, and you’ve been wondering whether to call the person Black or African American, or felt uncomfortable making a joke that might seem sexist? You don’t have to worry about that anymore. Just be you, man. Just be you.” He sold that. And that was incredibly attractive.

Mason: On the other hand, we’ve never explicitly talked about equality in a productive way without also encountering violence. True multiethnic democracy is an elusive goal, and it’s not clear that we know how to get there.

Anderson: What is so scary is that, you know, what generally happens is that if you have a common enemy, it causes a coalescence among these disparate groups. Covid-19 was that common enemy, and instead, you saw greater fissioning between folks, greater division with this common enemy that has killed almost one million Americans. We couldn’t pull it together. We couldn’t rally around. We couldn’t agree on basic facts. That fissioning tells me how in trouble we are. I worry greatly about our democracy because where we should be able to see us coming together, instead of a “we” moment it is an “I” moment. And we’ve got to get to the “we.” We have got to get to the “we.”

Homans: I wonder, though — is there a “we”? I’ve been thinking about this, watching the war in Ukraine, which, besides bringing the matter of democracy’s global health to the fore, has so clearly centered on the question of how nations define things like cultural identity, sovereignty and an agreed-upon history — and what they define them against. Are Americans anywhere close to having a shared answer to that question themselves? Have these events changed your thinking at all about the fragility — or resilience — of democracy, or suggested any lessons we should apply to the United States?

Levitsky: I think it’s too early to tell. This is precisely the sort of issue that should bring our leaders together, as it has in most Western democracies. It certainly is good to see many leading Republicans taking a strong stance against the Russian invasion, but I am skeptical that the MAGA faction will come around in any serious way. And given the extremism of the Republican base, it’s hard to imagine many Republicans giving Biden the support he needs. In short, I’d be mighty pleased if Russian militarism helped bring our parties together, but I’d also be somewhat surprised.

Homans: Is there any reason to think there’s an alternative to the very bumpy road ahead that Lily talked about?

Levitsky: The crossroads that American democracy is at right now are pretty damn close to unique. I mean, we are on the brink of something very new and very challenging. So it is not easy to find solutions, best practices elsewhere; the creation of a truly multiracial democracy is uncharted territory.

Nobody here mentioned what’s going on the red states right now. The laws they are passing in places like Texas and Florida are so so extreme and the allegedly good Republicans seem inclined to go along with it that I have to believe that Democrats running against critical race theory an d “defund the police” isn’t going to get the job done. If they’ll go along with the grotesque authoritarian power grab of Ron DeSantis, I’m afraid this notion that if only the Democrats will stop being so “woke” they’ll come over just can’t be right. No one of good will and a conservative bent could possibly back DeSantis’s move to tell private businesses that they are not allowed to say anything to their employees that will make them fell bad about themselves (as white people.) No one who believes in law and order would go along with siccing vigilantes on pregnant people, teachers and LGBTQ kids.

I guess I just buy the idea that if only Democrats would just stop being Democrats Republicans would vote for them. I have yet to ever see that ply out the way they think it will. They just move further right. Ever. Goddamned. Time.

I don ‘t have the answer but it isn’t that. Maybe nuclear war will bring us all together.

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