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Tag: Democratic senator

  • Political Accountability Isn’t Dead Yet

    Political Accountability Isn’t Dead Yet

    On September 22, when federal prosecutors accused Senator Robert Menendez of taking hundreds of thousands of dollars in bribes, Representative Andy Kim, a fellow New Jersey Democrat, asked one of his neighbors what he thought of the charges. “That’s Jersey,” the man replied.

    The neighbor’s shrug spoke volumes about not only a state with a sordid history of political corruption but also a country that seemed to have grown inured to scandal. In nearby New York, George Santos had settled into his Republican House seat despite having been indicted on more than a dozen counts of fraud and having acknowledged that the story he’d used to woo voters was almost entirely fiction. Criminal indictments have done nothing to dent Republican support for Donald Trump, who is currently the front-runner for both the GOP nomination and the presidency next year.

    It turns out, however, that the supposedly cynical citizens of New Jersey did care that their senior senator was allegedly on the take. In the days after the indictment was unsealed, multiple polls found that Menendez’s approval rating had plummeted to just 8 percent. New Jersey’s Democratic governor, Phil Murphy, and its other Democratic senator, Cory Booker, both called on Menendez to quit. All but three of the nine Democrats in New Jersey’s House delegation have urged the senator to resign, and one of them is his own son.

    Menendez has pleaded not guilty to the charges and rejected calls to resign. A son of Cuban immigrants, he has denounced the case against him as a racially motivated persecution. But his days in the Senate are almost certainly numbered, whether he leaves of his own accord or voters usher him out. Kim has announced that he will challenge Menendez next year, and so has Tammy Murphy, New Jersey’s first lady. Menendez’s trial is scheduled for May, just one month before the primary. Early polls show Menendez barely registering support among Democrats.

    “I hit a breaking point,” Kim told me, explaining his decision to run. “I think a lot of people hit a breaking point, where they’re just like, ‘We’re done with this now.’”

    Accountability has come more swiftly for Santos. National party leaders had largely protected him—Speaker Kevin McCarthy and his successor, Mike Johnson, both needed Santos’s vote in the GOP’s tight House majority. But a damning report from the bipartisan House Ethics Committee proved to be his undoing: Earlier this month, Santos became just the sixth lawmaker in American history to be expelled from the House.

    The government’s case against Menendez could still fall apart; he’s beaten charges of corruption before. But the public can hold its elected officials to a higher standard than a jury would. If the appearance (and, in this case, reappearance) of impropriety can cause voters to lose faith in the system, the events of the past few months might go some way toward restoring it. That both Menendez and Santos have suffered consequences for their alleged misdeeds offers some reassurance to ethics watchdogs who have seen Trump survive scandal after scandal, and indictment after indictment. “You can’t get away with anything. There are still some guardrails,” Noah Bookbinder, the president of Citizens for Responsibility and Ethics in Washington, told me.

    Yet Trump’s enduring impact on political accountability remains an open question. Has he lowered the standards for everyone, or do the laws of political gravity still apply to ethically compromised lawmakers not named Trump? “Donald Trump is a unique animal,” Lisa Gilbert, the executive vice president of the Washington-based nonprofit Public Citizen, told me. “He has built a cultlike following and surrounded himself with people who believe that no matter what he does, he is in the right.” Few politicians could ever hope to build such a buffer.

    Trump hasn’t evaded accountability entirely: The ethical norms he shattered while in office likely contributed to his defeat in 2020. And although he’s leading in the polls, one or more convictions next year could weaken his bid and demonstrate that the systems meant to hold American leaders in check function even against politicians who have used their popularity to insulate themselves from culpability. “He is being charged,” Gilbert said. “There are accountability mechanisms that are moving in spite of that apparatus. And to me, that’s a sign that eventually the rule of law will prevail.”

    At the same time, the Menendez and Santos examples provide only so much comfort for ethics watchdogs. The allegations against both politicians were particularly egregious. The phrase lining his pockets is usually metaphorical, but in addition to gold bars, the FBI found envelopes of cash in the pockets of suit jackets emblazoned with Menendez’s name in his closet.

    The earlier allegations Menendez faced were almost as lurid; prosecutors said he had accepted nearly $1 million in gifts from a Florida ophthalmologist, including private flights and lavish Caribbean vacations, in exchange for helping the doctor secure contracts and visas for his girlfriends. A 2018 trial ended in a hung jury, and the Department of Justice subsequently dropped the case.

    Santos was caught lying about virtually his entire life—his religion, where he had gone to school, where he worked—and then was accused of using his campaign coffers as a personal piggy bank, spending the money on Botox and the website OnlyFans.

    Some of the charges against Trump, such as falsifying business records and mishandling classified documents, involve more complicated questions of law. “A lot of the Trump scandals that he’s been indicted for may sort of be beyond the grasp of the average voter,” says Tom Jensen, the director of the Democratic firm Public Policy Polling, which conducted one of the surveys finding that Menendez’s approval rating had sunk after the indictment. “Gold bars are not beyond the grasp of the average voter. Voters get gold bars, and when it’s something that’s so easy for voters to understand, you’re a lot more likely to see this sort of precipitous decline.”

    Jensen told me that in his 16 years as a pollster, he had seen only two other examples where public support dropped so dramatically after the eruption of scandal. One was Rod Blagojevich, the former Democratic governor of Illinois who was convicted of attempting to sell the Senate seat that Barack Obama vacated when he became president in 2009. The other was John Edwards, who, after running for president as a Democrat in 2008, admitted to having an affair while his wife, Elizabeth, was battling a recurrence of breast cancer. (He would later admit to fathering a child with his mistress, and face charges that he illegally used campaign funds to hide the affair; Edwards was found not guilty on the one count on which the jury reached a verdict.)

    The Trump era has revealed an asymmetry in how the parties respond to scandal. Republicans have overlooked or justified all sorts of behavior that would have doomed most other politicians, including multiple allegations of sexual assault (such as those that Trump essentially admitted to in the infamous Access Hollywood video made public in 2016). Although Santos was expelled by a Republican-controlled House, Democrats provided the bulk of the votes to oust him, while a majority of GOP lawmakers voted against expulsion. Democrats were quick to pressure Senator Al Franken to resign in 2018 after several women accused him of touching them inappropriately. (Some Democrats later regretted that they had pushed Franken out so fast.) The party also forced a defiant New York Governor Andrew Cuomo to step down in 2021 amid multiple allegations of misconduct and harassment.

    Trump’s gut-it-out strategy seems to have inspired politicians in both parties to resist demands to resign and to bet that the public’s short attention span will allow them to weather just about any controversy. Gone are the days when a scandalized politician would quit at the first sign of embarrassment, as New York Governor Eliot Spitzer did in 2008, less than 48 hours after the revelation that he had patronized high-end prostitutes. Virginia Governor Ralph Northam was able to serve out his full term despite losing the support of virtually the entire Democratic Party in 2019 after photos surfaced of him dressed in racist costumes in a medical-school yearbook. Cuomo defied calls to resign for months, and Santos forced the House to expel him rather than quit. Menendez has similarly rebuffed the many longtime colleagues who have urged him to leave.

    Shame may have left politics in the Trump era, but consequences haven’t—at least in the cases of Menendez and Santos. “Maybe these can be first steps,” Bookbinder told me, sounding a note of cautious optimism. “If you say nothing matters, then really nothing will matter. I hope we can go back to the place where people do feel like they owe it to their constituents to behave in an ethical and legal way.”

    Russell Berman

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  • Bad Losers

    Bad Losers

    Chris Thomas has made democracy his life’s work. A 73-year-old attorney, Thomas spent nearly four decades leading the elections division in the office of Michigan’s secretary of state. He served under Republicans and Democrats alike, and his mandate was always the same: protect the ballot box. He trained local election workers; sought out and fixed weaknesses in the voting system; investigated errors committed while ballots were collected and tabulated; and, ultimately, ensured the accuracy of the count. Thomas was one of 10 people named to the Presidential Commission on Election Administration in 2013. He earned a reputation as a nonpartisan authority on all things elections, and took pride in supervising a system that was stable and widely trusted.

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    Which is why 2020 shook him so badly. Thomas had retired from the secretary of state’s office a few years earlier, confident that Michigan’s elections were in good hands. Then the coronavirus pandemic arrived, prompting changes to election protocols nationwide, and President Donald Trump began warning of a Democratic plot to steal the election. As Michigan rolled out new voting rules—some that had been decided prior to 2020, others that were implemented on the fly during the pandemic—rumors and misinformation spread. Wanting to help, Thomas accepted a special assignment to supervise Election Day activities in Detroit, the state’s largest voting jurisdiction.

    What followed was surreal—a scene that Thomas could scarcely believe was playing out in the United States. Michigan had recently expanded absentee voting, allowing any resident to vote by mail for any reason. Because Democrats are likelier than Republicans to vote absentee—and because Detroit is predominantly Democratic—Thomas and his colleagues had to process an unprecedented number of absentee ballots. Complicating matters further, Republican lawmakers in Michigan refused to let election workers start counting absentee ballots until Election Day.

    The effect was predictable. Because of the backlog of absentee ballots, Trump took a big lead on Election Night. As Thomas and his team worked into the early hours, Trump’s lead shrank. By Wednesday afternoon, it was clear that Joe Biden would overtake him. “That’s when things got out of hand,” Thomas told me.

    Incited by Trump’s acolytes in the state party, hundreds of Republican voters swarmed the event center in Detroit where Thomas and his workers were tabulating votes. Republicans had their allotted number of poll watchers already inside the counting room, but party officials lied to the public, saying they had been locked out. So people busted into the event center, banging on the windows, filming the election workers, demanding to be let into the counting room. Fearing for their safety—and for the integrity of the ballots—the people inside covered the windows. Thomas says the decision was necessary. But within minutes, video was circulating on social media of the windows being covered, and before long, it was airing on Fox News with commentary about a cover-up.

    Trump was alleging a national plot to steal the election, and now Detroit—and Chris Thomas—were right in the middle of it.

    The GOP assault on the legitimacy of Biden’s victory has led to death threats against election workers and a lethal siege of the United States Capitol. But perhaps the gravest consequence is the erosion of confidence in our system. Late this summer, a Quinnipiac poll found that 69 percent of both Republicans and Democrats believe that American democracy “is in danger of collapse.” They hold this view for somewhat different reasons. Republicans believe that Democrats already rigged an election against them and will do so again if given the chance; Democrats believe that Republicans, convinced that 2020 was stolen despite all evidence to the contrary, are now readying to rig future elections. It’s hard to see how this ends well. By the presidential election of 2024, a constitutional crisis might be unavoidable.

    I’ve met men and women like Thomas in small towns and big counties, public servants who have devoted their career to safeguarding the infrastructure of our democracy. Over the past two years, they have been harassed, intimidated, and in many cases driven out of office, some replaced by right-wing activists who are more loyal to the Republican Party than to the rule of law. The old guard—the people who, like Thomas, committed their career to free and fair elections—are witnessing their life’s work being undone. They are watching the rise of Trump-mimicking candidates in this year’s midterm elections and wondering if anything can stop the collapse of our most essential institution. “This election,” Thomas said, “feels like a last stand.”

    The irony is that America’s voting system is far more advanced and secure than it was just two decades ago.

    The 2000 election was a catalyst for reform. Mass confusion surrounding the showdown between Al Gore and George W. Bush in Florida—butterfly ballots, punch cards, hanging chads—demonstrated that murky processes and obsolete technology could undermine public confidence in the system. Recognizing the threat, Congress passed a law to help local administrators modernize their voting machines and better train their workers and volunteers. Elections officials from around the country began collaborating on best practices. Several states introduced wholesale changes to their systems that allowed ballots to be cast more easily, tracked more accurately, and counted more efficiently.

    There were hiccups, but the results were overwhelmingly positive. One study conducted by MIT and Caltech showed that the number of “lost” votes—ballots that because of some combination of clerical rejection and human error went unrecorded—had been cut in half from 2000 to 2004. Florida, once synonymous with electoral dysfunction, now has arguably the most efficient vote-reporting program in the U.S.

    At the same time, the machinations that Americans observed—poll workers studying ballots through a magnifying glass, teams of party lawyers and CNN camera crews looking on—bred a public skepticism that never quite went away. In the years following Bush v. Gore, the number of cases of election litigation soared. The small chorus of congressional Democrats who objected to the certification of Bush’s 2000 victory swelled to several dozen following the president’s reelection in 2004, with 31 House Democrats (and one Democratic senator) voting to effectively disenfranchise the people of Ohio. Republicans could not return the favor in 2008—Obama’s margin of victory was too wide—so they sought to delegitimize his presidency with talk of birth certificates and mass voter fraud, introducing measures to restrict voting access despite never producing evidence that cheating was taking place at any meaningful scale.

    Much of this can be attributed to what Richard Hasen, a law professor and an elections expert, has called “the loser’s effect”: Studies have shown that voters report more confidence in our elections after their party or candidate has won. But partisan outcomes are no longer the decisive factor: In October 2020—weeks before Trump lost his bid for reelection—Gallup reported that just 44 percent of Republicans trusted that votes would be cast and counted accurately, “a record low for either party.”

    This isn’t entirely surprising, given Trump’s crusade to undermine our democratic institutions, which began well before he was ever elected. In 2012, he called Obama’s victory over Mitt Romney “a total sham,” adding: “We can’t let this happen. We should march on Washington and stop this travesty.” In early 2016, after losing the Iowa caucus to Ted Cruz, Trump called the chair of the Iowa GOP and pressured him to disavow the result; when that failed, he took to Twitter, denouncing the “fraud” in Iowa and calling for a new election to be held.

    By the time November 3, 2020, arrived, Trump had already constructed his elaborate narrative of a rigged election. Republican leaders did little to keep their voters from falling for the president’s deception. In fact, most of them enabled and even participated in it. What began as a fringe movement after Bush v. Gore has spread into the GOP mainstream: Polls continue to show that more than half of all Republican voters believe that the 2020 election was stolen.

    They are acting on Trump’s lies, flooding into local party offices, demanding to be stationed on the front lines of the next election so they can prevent it from being stolen. They have nominated scores of candidates who deny the legitimacy of Biden’s victory; seven are running to become the chief elections official in their state. Several of these Republicans—Mark Finchem in Arizona, Kristina Karamo in Michigan—are hinting at administrative actions that would reverse decades of progress in making elections more transparent and accessible, in turn leaving our system more vulnerable.

    The great threat is no longer machines malfunctioning or ballots being spoiled. It is the actual theft of an election; it is the brazen abuse of power that requires not only bad actors in high places but the tacit consent of the voters who put them there.

    This makes for a terrifying scenario in 2024—but first, a crucial test in 2022.

    In August, when Michigan held its primary elections, all eyes were on the Republican race for governor. It had been a volatile contest; two of the perceived front-runners had been disqualified for failing to reach signature thresholds. Most of the remaining candidates were champions of Trump’s Big Lie, but none more so than Ryan Kelley, who participated in the January 6 insurrection at the Capitol and was arrested this past June by the FBI on misdemeanor charges. (Kelley pleaded not guilty in July.)

    When the returns came in and Kelley lost, he refused to concede. Instead, he called for a “publicly supervised hand recount to uphold election integrity.” But Kelley had a problem: He had finished in fourth place, capturing just 15 percent of the vote and losing to the Republican nominee by 25 points.

    It was a similar story in another closely watched Michigan race. State Senator Lana Theis, a Republican who’d co-written a committee report debunking Trump’s voter-fraud allegations after the 2020 election, defeated a MAGA conspiracy theorist, Mike Detmer, by 15 points in their primary contest. Detmer’s response? “When we have full, independent, unfettered forensic audits of 2020 and 2022 I’ll consider the results,” he wrote on his Facebook page. This pattern has played out in races all across the country, with sore Republican losers doing their best Trump impressions, alleging fraud to explain a drubbing at the ballot box.

    “This gives me real hope,” Thomas told me in early September. “Because people understand, when there’s a margin like that, you lost. And if you’re going to insist you didn’t lose, well, now people are going to be skeptical of what you’ve been telling them all along. Is the sky really falling? You can only tell a lie so many times before people stop listening to you.”

    His optimism struck me as misplaced. For one thing, these were just primary elections. Tudor Dixon, the GOP’s gubernatorial nominee in Michigan, is herself a 2020 conspiracy theorist. In fact, all three Republicans on top of the statewide ticket this fall—Dixon, as well as the nominees for attorney general and secretary of state—have claimed that Democrats stole the election. Michigan’s GOP lawmakers have not allowed changes to vote-processing laws despite the chaos of 2020. In the event of close Democratic victories in November, we can expect another “red mirage,” in which the Republican nominee jumps out to a big lead soon after the polls close, only to fall behind as the backlog of absentee ballots is counted. The conspiracy theories will practically spread themselves.

    Sensing my skepticism, Thomas told me there was additional cause for hope. Two years ago, the Republican volunteers who monitored the vote-counting in Detroit on behalf of the party were completely out of their depth; most had never worked an election, and thus confused standard protocols for what they swore in affidavits were violations of the law. Following the grassroots outcry of November 2020, the Michigan GOP recruited hordes of new volunteers who have since received enhanced training. Thomas says his first encounter with this new class of Republican poll watchers came this summer, on primary day in Detroit, where he was once again tasked with overseeing the count. “It was night and day from 2020. They were respectful,” he said. “There were no issues.”

    Hours after I finished speaking with Thomas, CNN published a report exposing a Zoom training seminar in which Republican leaders in Wayne County, Michigan—home to Detroit—instructed poll watchers to ignore election rules and smuggle in pens, paper, and cellphones to document Democratic cheating. That seminar was held on August 1—the day before Michigan’s primary.

    I want to believe our system of self-government is durable enough to withstand all of this; I want to believe Thomas, that everything will be all right. But as we spoke, it struck me that, despite his expertise, and despite his ringside seat to the unraveling of our democracy, Thomas is like millions of other Americans who can’t quite bring themselves to face what’s happening. Like so many of them, he clings to fleeting hints of a return to normalcy and ignores the flood of evidence suggesting it will not come. He still trusts a system that is actively being sabotaged.

    Thomas has never belonged to a party. He remains proudly nonpartisan. But he acknowledges what must happen in 2022 for America to swerve off the road to national calamity. The Republicans who have made election denying the centerpiece of their campaign must lose, and lose badly. They will cry fraud and demand recounts and refuse to concede. They will throw tantrums sufficient to draw attention to their margins of defeat. At that point, Thomas says, maybe a critical mass of GOP voters—the very people who supported these candidates in the first place—will finally realize that they’ve been duped. Maybe they will abandon the lies and choose a different path before it is too late.

    But based on the number of candidates who sold a lie to earn their spot on the November ballot, in Michigan and beyond, I fear it may already be.


    This article appears in the November 2022 print edition with the headline “Bad Losers.”

    Tim Alberta

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