November 22, 2022

Why the Democrats Just Lost the House

The front cover of the New York Post for Oct. 25, 2022.

Nov. 16, 2022

By Howard Wolfson

Mr. Wolfson is a senior political adviser to the former mayor of New York Michael Bloomberg and was a deputy mayor of the city from 2010 to 2013.

Across the country, Democratic leaders are looking at deep-blue New York and seeing red. For good reason.

The party just came up agonizingly short in its attempt to buck history and retain a majority in the House of Representatives — a failure that is directly attributable to decisions New York Democrats made this year that cost four House seats and wasted tens of millions of dollars in national party resources that could have been deployed to win seats in other states.

Some elections are determined in the mad rush of a campaign’s final days. And others are effectively over before they begin. In New York the Democratic supermajority in control of the Legislature made two fatal mistakes driven by arrogance and incompetence that sealed the fate of its congressional candidates many months ago. Those mistakes point up the dangers of one-party rule, especially when it becomes so entrenched and beholden to its most activist wing — and in this case causes some Democrats to vote Republican just to break that stranglehold.

The first mistake: After an independent commission created by voters failed to agree on a new map of House districts in New York, Democrats got greedy. Instead of drawing maps that were modestly advantageous, they went whole hog — producing an extremely gerrymandered map that invited a successful legal challenge.

Second, the Legislature apparently decided that voter concerns about crime and disorder were nothing to worry about. After three decades of falling crime, Democrats had gotten complacent and disconnected and failed to recognize that the bail reforms they passed in 2019, eliminating cash bail for most misdemeanors and nonviolent felonies, were deeply unpopular.

Those mistakes led to avoidable losses in the suburbs that helped doom national Democratic hopes to retain the House.

The challenge facing Democrats in New York should have been clear last year when Republicans defeated a Democratic incumbent county executive and two district attorneys on Long Island. Fair or not, the Republican message was quite simple: Bail reform passed by Democrats in Albany had created a wave of crime and disorder.

At the same time, Eric Adams, a Democrat, was swept into New York’s City Hall on a message of public safety. His message was also quite simple: As a former cop — and as a teenage victim of police brutality — he was well positioned to ensure both a reduction in crime and respectful policing.

Sadly, there is little evidence that Democratic leaders in Albany heard the alarms ringing on Long Island or saw the Adams victory in the city as a path forward.

Instead, in the face of crime rates rising some 30 percent from last year in New York City, Democrats mostly denied that there was a crime problem on the scale that Republicans portrayed in frequent campaign ads. To the extent that Democrats acknowledged the growing disorder at all, they argued that there was no data showing that bail reforms affected crime — a claim at odds with the desire of many voters for stronger public safety, including locking up potentially dangerous people and giving judges the ability to consider dangerousness in making bail decisions.

Gov. Kathy Hochul, newly elevated after Andrew Cuomo’s implosion and resignation, was able to persuade the Legislature to tinker with the bail laws. But the changes were too little and too late, and voters were unconvinced. New York remains the only state in the nation where, in setting bail, judges cannot take into account whether a person arrested in connection with a crime may pose a danger to the community. Democrats in the Legislature failed to offer any other alternative solutions to the problem.

Remaining insulated from swing voters is a luxury that most members of the Legislature enjoy because so many of them represent overwhelmingly Democratic districts in which elections are decided in low-turnout primaries. These lawmakers make policy choices that don’t always work for those who have to defend them in competitive general elections.

And sadly for House Democrats, that is precisely what their candidates running for Congress had to do.

Democrats began the congressional redistricting process positively giddy around the prospects of drawing a map that would net them as many as three new seats in New York. Those wins would help offset the impacts of Republican gerrymandering in Texas and Florida. Unfortunately for Democratic planning, in 2014 voters passed an amendment to the state’s Constitution that was designed to prevent just this kind of extreme gerrymandering.

But a legislature that failed to prioritize voter concerns around crime was clearly prepared to ignore it around redistricting reform. It set about drawing a congressional map that so blatantly overreached that a court struck it down, threw it out and turned the process over to a special master, who drew a map that gave Republicans every opportunity to exploit Democratic failures around crime and disorder.

Would a more modest map have passed judicial muster and given Democrats more safe seats to run for? We will never know, but such a map would certainly have given the court a clearer path to approve it.

During the fall campaign, Republicans in the New York City suburbs and upstate hammered Democrats on crime and linked them to the unpopular bail reforms. They were cheered on by The New York Post, which splashed shootings, murders and subway violence on the front page. Democrats complained about this coverage, but contending with the city’s opinionated tabloids is a condition of running for office here — and The Post didn’t manufacture crime; it just highlighted it.

As a result, Democrats lost six congressional districts won by Joe Biden in 2020 — more than in any other state in the nation.

Fortunately, this failure should create opportunity for Democrats in 2024. If the Legislature course-corrects and takes meaningful steps to address crime, as Mr. Adams is working to do, these newly elected Republicans will be highly vulnerable. Steps that he has already taken to reduce homicides and shootings should also help, such as reconstituting the Police Department’s anti-gun teams to focus on getting more guns off the streets. It won’t be easy: The same forces of extremism and complacency that one-party rule encourages still hold sway in Albany — and in so many state capitals across the nation.

But nothing will be easy for the nation, at least not for the next two years. And Democrats who will have to sit through endless partisan hearings about Hunter Biden with teeth clenched should remember why.


November 21, 2022

 

AG Garland puts special prosecutor in charge of Trump-related investigations

In this article:
  • Donald Trump
    Donald Trump
    45th President of the United States
  • Merrick Garland
    American lawyer and jurist (born 1952)

Attorney General Merrick Garland announced on Friday that he is putting a special counsel in charge of multiple ongoing Justice Department investigations involving former President Donald Trump.

At a press conference, Garland told reporters that he has appointed veteran prosecutor Jack Smith to oversee the department’s probe involving classified documents at Trump’s Florida estate, and the potential obstruction of that investigation, as well as a separate investigation into efforts to stop the transfer of power following the 2020 presidential election, or the Electoral College vote certification on Jan. 6, 2021.

“The Department of Justice has long recognized that in certain, extraordinary cases, it is in the public interest to appoint a special prosecutor to independently manage an investigation and prosecution,” Garland said.

The announcement comes just days after Trump announced his third bid for the White House.

Some have speculated that the Justice Department investigations may have, in part, motivated the former president to launch his 2024 campaign so early, despite many of the Republican candidates he backed suffering major losses in last week’s midterm elections.

Donald Trump.
Former President Donald Trump announces a third run for president in Palm Beach, Fla., on Nov. 15. (Rebecca Blackwell/AP)

In his speech announcing his candidacy on Tuesday, Trump complained that he was a “victim” of the “weaponization of the justice system.”

Speaking to Fox News after Garland's announcement on Friday, Trump said he "won't partake" in the Justice Department's investigations and claimed the probes are politically-motivated.

"I have been going through this for six years — for six years I have been going through this, and I am not going to go through it anymore," Trump said. "And I hope the Republicans have the courage to fight this."

The Justice Department is not legally barred from investigating a presidential candidate, but Garland acknowledged the political complications in his remarks.

“Based on recent developments, including the former president's announcement that he's a candidate for president in the next election and the sitting president’s stated intention to be a candidate as well, I have concluded that it is in the public interest to appoint a special counsel,” Garland said. “Such an appointment underscores the department's commitment to both independence and accountability in particularly sensitive matters.”

Asked about Garland's appointment of a special counsel, White House press secretary Karine Jean-Pierre said Biden was not given advance notice of Garland's decision and referred questions to the Justice Department.

Garland said that Smith, who most recently investigated war crimes in Kosovo as chief prosecutor for the Special Court in the Hague, “has built a reputation as an impartial independent prosecutor.”

“Given the work to date, and Mr. Smith's prosecutorial experience, I am confident that this appointment will not slow the completion of these investigations,” Garland said.

In a statement released Friday, Smith said that the "pace of the investigations will not pause or flag under my watch. I will exercise independent judgement and will move the investigations forward expeditiously and thoroughly to whatever outcome the facts and the law dictate.”

Attorney General Merrick Garland.
Attorney General Merrick Garland announces the appointment of Jack Smith as a special counsel for investigations Involving former President Donald Trump on Nov. 18. (Evelyn Hockstein/Reuters)

The FBI conducted a search on Trump's Mar-a-Lago estate in Palm Beach, Fla., in early August. A search warrant and property receipt from the FBI’s search showed that agents seized nearly two dozen boxes from Trump’s home, including 11 sets of classified records, some of which were labeled “top secret,” the highest level of classification reserved for the most closely held national security information.

The warrant indicated that the former president is under investigation by the Justice Department for several potential crimes, including possible violations of the Espionage Act and potential obstruction of justice charges.

The DOJ is also investigating Trump’s actions as part of its larger criminal probe into the Jan. 6, 2021, attack on the U.S. Capitol.

Jack Smith.
American prosecutor Jack Smith in The Hague in 2020. (Jerry Lampen/AFP via Getty Images)

Specifically, Garland said that Smith will lead the investigation into “whether any person or entity unlawfully interfered with the transfer of power following the 2020 presidential election, or with the certification of the Electoral College vote held on or about January 6.” He clarified that this does not include the hundreds of pending prosecutions, or future investigations of individuals who participated in the riot on Capitol grounds on Jan. 6.

The House select committee that is probing the insurrection is also weighing whether to make criminal referrals to the DOJ along with evidence it has collected in its 17-month investigation.

In an October court filing, the panel asserted that its members believe there is enough evidence to suggest that the former president might have engaged in a criminal conspiracy as he fought to remain in office.

Cover Thumbnail Photo illustration: Yahoo News; photos: Evelyn Hockstein/Reuters, Rebecca Blackwell/AP

November 19, 2022

 

Julie Taymor became the first woman to win a Tony Award for directing a musical.Kenneth Van Sickle

‘The Lion King’ at 25

After almost 10,000 performances, more people have seen “The Lion King” than any other show on Broadway. But a quarter century ago, when it premiered, that success was far from guaranteed.

After a tepid reaction to the strait-laced stage adaptation of “Beauty and the Beast,” Disney’s executives took a gamble and collaborated with the avant-garde artist Julie Taymor. “When they mentioned her name,” the puppet designer Michael Curry said, “the first thing that went through my mind was, ‘Are you ready for her?’”

Taymor, Curry and others spoke to The Times for an oral history.

November 18, 2022

 


Why Did Polls Prepare Us for a Red Wave? Experts Weigh In on the Surprising Midterm Election Results

Two days after the election, the majority in Congress has yet to be determined. If midterm polling had been accurate, Republicans would already be celebrating a dual-chamber sweep

Republican U.S. Senate candidate Mehmet Oz holds a rally in the Tunkhanock Triton Hose Co fire station in Tunkhanock, Pa., on Thursday, August 18, 2022.
PHOTO: BILL CLARK/CQ-ROLL CALL, INC VIA GETTY

The "red wave" that pollsters were predicting before the midterms turned out to be more of a red trickle. Expectations that Democrats could lose as many as 35 seats in the House of Representatives have been disproven, and if Republicans do clinch majorities in the House or Senate, it will be by a razor-thin margin.

Democrats did better than history would have predicted — the best a leading party has done in the midterms in 20 years. And that raises questions about political pollsters. Forecasts before Election Day indicated that undecided and independent voters were increasingly upset about inflation and crime — even more so than the state of democracy, voting rights and the decision to end federal protections for abortions — and that they planned to vote against the party currently in power.

Some polls were way off. Michigan's Democratic Gov. Gretchen Whitmer had a very comfortable lead against Republican challenger Tudor Dixon in the polls over the summer and into fall. Then a poll was released on Oct. 31, well into the state's early voting period, finding the race was a virtual tie, and that half of independent voters were supporting Dixon, while less than 30 percent planned to vote for Whitmer. It was conducted by Insider Advantage, a Republican firm that has earned praise in the past for its polling methods and decently high accuracy rating from FiveThirtyEight, a group that aggregates polls.

Dixon's campaign excitedly responded, "Dixon is surging, independents are breaking in her favor, and the momentum is on her side with one week left before Election Day." A composite of polls found that Whitmer had a five-point lead over Dixon then, but the Republican's campaign seemingly had proof to show otherwise.

On Tuesday night, Whitmer won the race by more than 10 percentage points, smashing the accuracy of the poll that hyped her opponent. "There's pretty strong evidence that at least that poll that came in right before the election was an effort to generate a political narrative," says Jonathan Hanson, a lecturer in public policy statistics at the University of Michigan. "I didn't need to wait for the race results to say 'no, I don't think this race is tied,'" he adds.

Other polls were also suspect. "I woke up (Wednesday) feeling like this was unusual. The Democrats probably will lose control of the House and might lose control of the Senate, but it clearly was not the red wave that a lot of people expected," Hanson says.

chuck schumer
Chuck Schumer, leader of the Senate Democratic Caucus. DREW ANGERER/GETTY IMAGES

It made sense to Hanson that the election season began by favoring Republicans, since the Democrats hold control of the White House, the Senate and the House. Historically, the party in power will lose a number of seats during the midterm elections.

But then, at the start of summer, the Supreme Court overturned the longstanding Roe v. Wade ruling, attacking women's reproductive rights. That stirred up anger and fierce motivation, and the Democrats seemed to have a tailwind. By fall, that abortion anger may have quelled, and news media said voters were much more concerned about economic issues, which favored right-leaning candidates. That's what the fall polls predicted.

"I honestly bought it. I was less convinced by the specific polls themselves, but by the general sense that the country's mood had shifted," Hanson says.

But what voters were being fed by pollsters and the news media was skewed. One reason is that Republican-leaning firms that tend to favor their candidates took our temperature more often — and later in — this cycle than did the usual pollsters on which we rely. It skewed polling averages, according to Nate Cohn, The New York Times' chief political analyst.

Another phenomenon in this election was how close some incumbents' elections were. Rep. Lauren Boebert (CO-3) is neck-and-neck with her challenger and the race remains too close to call. Sen. Ron Johnson of Wisconsin won reelection by a single percentage point in a race that couldn't be called until Tuesday afternoon. Georgia Sen. Raphael Warnock won by less than 1% — so close that the race will go to a December runoff.

"Our country's divided 50/50 — it's not exactly that, but it's pretty close," says John Geer, professor of political science at Vanderbilt University. "That means these elections are nip and tuck," and if you're off by a few points in a poll, it's within the margin of error, he says. In fact, most polls have a margin of error of 4%.

"If you're polling at 50%, you're really likely to be somewhere between 46 and 54%," he says. "Well, that's a big gap in a competitive election."

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Media and the public like polls anyway. They appear "very concrete and give you a sense of precision that's not really true," Geer says. For those seeking a better prediction, Geer suggests a broader approach. "You want to look at a bunch of polls, you don't want to just look at one, and you want to look at the trend in polls. But you also want to look at some underlying fundamentals — what is the state of the economy? Do the candidates have enough money?"

Furthermore, political polls are not gospel. "Elections are about turnout and that's not always who you are talking to in all of the polls," says Amy Dacey, executive director of the Sine Institute of Politics & Policy at American University. "Turnout is what matters. The only real true poll is what happens on Election Day."

November 17, 2022

 

What Trump's 2024 bid means for investigations, triggering finance laws

What Trump's 2024 bid means for investigations, triggering finance laws

Donald Trump announced a third presidential campaign on Tuesday evening in a speech at his Mar-a-Lago resort, setting off the 2024 cycle just days after the midterm elections.

"In order to make America great and glorious again, I am tonight announcing my candidacy for president of the United States," the former president said.

Trump enters the Republican primary as the front-runner, though his sway over the party is being questioned by some others in the GOP after most of his endorsed candidates in marquee races fell short last week.

MORE: Trump's expected 2024 announcement? GOP senators don't want to talk about it

Beyond any political ramifications, Trump's candidacy sets in motion various legal considerations, including over the funding around his campaign and his personal battles in court, experts told ABC News.

Here's how a Trump campaign affects him financially and in the courtroom.

Legal implications for the campaign

Trump's Tuesday announcement triggers campaign finance laws.

Once the Federal Elections Commission (FEC) assesses that Trump is a political candidate -- as determined by an array of factors, including but beyond the official announcement -- his campaign operation will be barred from directly cooperating with super PACs like the Trump-affiliated MAGA Inc.

Trump's team on Tuesday night filed his statement of candidacy with the FEC. His new campaign committee, called Donald J. Trump for President 2024, is set up separately from the existing Save America PAC, or political action committee, and the Make America Great Again PAC but lists the Save America Joint Fundraising Committee as an affiliated committee.

Federal law states that campaigns and super PACs cannot have a direct relationship, though such bodies often work in tandem, including by the super PAC airing supporting ads.

MAGA Inc. will not be able to donate directly to Trump's campaign, however.

"He will be unable to engage in certain joint activities with the super PAC, and he's going to have to campaign with a lot more transparency," said Dan Weiner, the director of elections and government at the Brennan Center. "He's going to have to start filing reports, which will show what his campaign is spending. It'll show, for instance, how much his campaign may be spending on his businesses and also will show the money coming in."

PHOTO: Former President Donald Trump speaks at Mar-a-lago on Election Day in Palm Beach, Fla., Nov. 8, 2022. (Andrew Harnik/AP)
PHOTO: Former President Donald Trump speaks at Mar-a-lago on Election Day in Palm Beach, Fla., Nov. 8, 2022. (Andrew Harnik/AP)

Trump's leadership PAC, Save America, will still be able to donate to his own campaign -- but only in small amounts.

"A leadership PAC can make comparatively small contributions. So the leadership PAC can write his campaign a $5,000 check, which his super PAC can't, but it's not supposed to do any more than that," Weiner said.

Beyond working with the PACs, Trump's campaign will also be limited in how much money it can receive from each individual donor, rather than the looser rules on his outside groups.

Legal implications for investigations into Trump

Trump's business dealings and actions after the 2020 election are the subject of several criminal and civil probes. He has said he is being politically persecuted.

His personal business is under criminal and civil investigation over allegations it mischaracterized its value for tax benefits. Former Trump Organization Chief Financial Officer Allen Weisselberg pleaded guilty in August to 15 counts, though Trump claims there was no wrongdoing by his namesake organization.

The Justice Department is also probing Trump's efforts to overturn the results of the 2020 presidential election and removal of sensitive documents, including material with classified markings, from the White House to Mar-a-Lago in Florida.

MORE: Former President Trump expected to announce 2024 presidential run

Experts said that while the Justice Department and any other more prosecutors are not obligated to adjust anything about their probes in light of Trump's candidacy, it adds a political dimension to what authorities have insisted are apolitical cases.

Speculation has bubbled that once Trump launched his campaign, Attorney General Merrick Garland may appoint a special counsel to bolster the perception that his agency's probes are independent form the White House.

"Historically, the Justice Department has been reluctant to investigate candidates. But we believe they have the same authority to do that as they would in any other circumstance," said Weiner with the Brennan Center. "And his candidacy is not like other candidacies because he's a former officeholder and there are a variety of other factors here. I think it makes the politics of investigating him more complicated, but there's certainly no legal impediment to continuing with any investigation." 

In this article:
  • Donald Trump
    Donald Trump
    45th President of the United States
Former President Donald Trump speaks at the Mar-a-Lago Club in Palm Beach, Fla., on Nov. 15, 2022, where he announced heÕll run for president again in 2024. (Saul Martinez/The New York Times)
Former President Donald Trump speaks at the Mar-a-Lago Club in Palm Beach, Fla., on Nov. 15, 2022, where he announced heÕll run for president again in 2024. (Saul Martinez/The New York Times)

Donald Trump, as expected, announced Tuesday night that he’ll run for president again in 2024, despite being twice impeached, castigated for fomenting the Jan. 6 Capitol riots, investigated for potential fraud at his family’s business and blamed for Republicans’ weak showing in last week’s midterm elections.

But while the former president is counting on faithful Republicans to once again flock to him, he appears to be losing supporters — including deep-pocketed conservative donors who are instead looking for alternatives. On Wednesday morning, Stephen A. Schwarzman, CEO of private equity firm Blackstone, a longtime ally of Trump’s, told Axios that he would back someone from a “new generation” of Republicans.

And the attendee list for Tuesday night’s announcement was telling: Loyalists like Roger Stone and Mike Lindell, the CEO of MyPillow, were there, but few members of Congress made the trip.

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Other onetime allies have turned on Trump, particularly after his hand-picked candidates largely lost races across the country, denying Republicans a much-expected “red wave.” Mike Pence, his former vice president, suggested in an interview with The New York Times that he would not support Trump again. Fox News and other outlets owned by Rupert Murdoch have criticized Trump for dampening Republicans’ electoral performance — “Trumpty Dumpty” led an issue of The New York Post last week — while promoting Gov. Ron DeSantis of Florida as the new party standard-bearer. So too have stalwart conservative groups like the Club for Growth, which shared with Politico a poll showing Trump trailing DeSantis in early primary states.

Perhaps as important, at least some GOP backers seem to be feeling Trump fatigue. Aside from Schwarzman, Kenneth C. Griffin, the hedge-fund billionaire and one of the biggest donors to Republicans, is openly backing DeSantis. Keep an eye on other megadonors like Richard Uihlein, Jeffrey Yass and Larry Ellison.

And Trump still faces a host of legal problems. The Justice Department continues to investigate his mishandling of classified documents found at his Mar-a-Lago club. The former chief financial officer of the Trump Organization, Allen Weisselberg, began testifying against the company Tuesday in a case brought by the Manhattan district attorney. And New York’s attorney general has sued Trump and others over fraud allegations as well.

ABC News' Soorin Kim contributed to this report.