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Tag: legal troubles

  • Rosencrantz and Guildenstern at the Republican Debate

    Rosencrantz and Guildenstern at the Republican Debate

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    In their first presidential debate last night, Republicans staged their own version of Tom Stoppard’s classic play Rosencrantz and Guildenstern Are Dead.

    Stoppard’s story focuses on the titular two characters, who are minor figures in Hamlet. The playwright recounts the Hamlet story from their peripheral perspective, as Rosencrantz and Guildenstern wait and wander, distant from the real action. For much of the play’s three acts, they strain for even glimpses of the man at the center of the tale, Prince Hamlet.

    The eight GOP candidates onstage last night often seemed like Rosencrantz and Guildenstern, with their words largely stripped of meaning by the absence of the central protagonist in their drama.

    The debate had plenty of heat, flashes of genuine anger, and revealing policy disputes. Former UN Ambassador Nikki Haley, who has often seemed a secondary player in this race, delivered a forceful performance—particularly in rebutting the entrepreneur Vivek Ramaswamy on policy toward Ukraine—that made her the most vivid figure onstage to many Republicans.

    But all that sound and fury fundamentally lacked relevance to the central story in the GOP race: whether anyone can dent former President Donald Trump’s massive lead over the field. At times, it seemed as if the other candidates had lost sight of the fact that it is Trump, not the motormouthed Ramaswamy, who is 40 points or more ahead of all of them in national polls.

    “Trump is the big winner,” the Republican consultant Alex Conant told me after the debate. “Nobody made an argument about why they would be a better nominee than Donald Trump. They didn’t even begin to make that argument.”

    There were plausible reasons the candidates focused so little on the man they are trying to overtake. The Fox News moderators did not ask specifically about Trump’s legal troubles until an hour into the debate, instead focusing on discussions about the economy, climate change, and abortion. Ramaswamy seemed to be daring the other candidates to smack him down by repeatedly attacking not only their policies but their motivations. “I’m the only person on this stage who isn’t bought and paid for,” he insisted at one point. Loud booing from the audience almost anytime someone criticized Trump may also have discouraged anyone from targeting him too often.

    But it was more than the debate’s immediate circumstances that explained the field’s decision to minimize direct confrontation with Trump. That choice merely extended the strategy most have followed throughout this campaign, which in turn has replicated the deferential approach most of Trump’s rivals took during the 2016 race.

    Haley took the most direct shot at the former president on policy, criticizing him from the right for increasing the national debt so much during his tenure; Florida Governor Ron DeSantis jabbed Trump too—though not by name—for supporting lockdowns early in the pandemic. Yet these exchanges were overshadowed by the refusal of any of the contenders, apart from former Governors Chris Christie and Asa Hutchinson, to object to Trump’s attempts to overturn the 2020 election or his role in sparking the January 6 insurrection. All of them except Hutchinson and Christie raised their hand to indicate they would support Trump as the GOP presidential nominee even if he is convicted of a crime before the election.

    To Conant, all of this seemed reminiscent of the 2016 campaign, when Trump’s rivals seemed reluctant to attack him in the hope that he would somehow collapse on his own. “Their strategy is wrong,” Conant said. “He’s going to be the nominee unless somebody can capture the support of Republicans who are open to an alternative. And nobody even tried to do that tonight.”

    David Kochel, an Iowa-based Republican consultant, wasn’t as critical. But he agreed that the field displayed little urgency about its biggest imperative: dislodging from Trump some of the voters now swelling his big lead in the polls. “What this race needs is to start focusing in on [the question of] ‘Trump or the future, which is it?’” Kochel told me. “I’m not sure we saw enough of that” last night.

    The failure to more directly address the elephant in the room, or what Bret Baier, a co-moderator, called “the elephant not in the room,” undoubtedly muted the debate’s potential impact on the race. Nonetheless, the evening might provide a tailwind to some of the contenders, and a headwind to others.

    The consensus among Republicans I spoke with after the debate was that Haley made a more compelling impression than the other seven candidates onstage. Her best moment came when she lacerated Ramaswamy for calling to end U.S. support to Ukraine, a move she said would essentially surrender the country to Russian President Vladimir Putin. “You are choosing a murderer over a pro-American country,” she told Ramaswamy. “You have no foreign-policy experience, and it shows.”

    The debate “lifted Nikki Haley as one of the prime alternatives for the people who are worried that Trump carries too much baggage to get elected,” the veteran GOP pollster Whit Ayres told me last night. “She gutted Ramaswamy.”

    Ramaswamy forced himself into the center of the conversation for much of the night, making unequivocal conservative declarations such as “The climate agenda is a hoax,” and categorical attacks on the rest of the candidates as corrupt career politicians.

    Yet the evening showed why he may not advance any further than other outsider candidates in earlier GOP races, like Herman Cain and Michele Bachmann in 2012. His choice to emulate Trump as an agent of chaos surely thrilled the GOP voters most alienated from the party leadership. But Ramaswamy’s disruptive behavior and tendency toward absolutist positions that he could not effectively defend seemed likely to lower his ultimate ceiling of support. He appeared to simultaneously deepen but narrow his potential audience.

    Senator Tim Scott of South Carolina also had a difficult night, though less by commission than omission. In his first turn on such a big stage, he simply failed to make much of an imprint; the evening underscored the limitations of his campaign message beyond his personal story of rising from poverty. “I forgot he was even there,” Kochel said. “Maybe nice guys finish last; I don’t know. He disappeared.”

    Former Vice President Mike Pence, by contrast, was as animated as he’s been in a public forum. That was true both when he was making the case for an almost pre-Trumpian policy agenda that reprised priorities associated with Ronald Reagan and when he was defending his actions on January 6.

    DeSantis, who seemed slightly overcaffeinated at the outset, didn’t disappear, but he didn’t fill Trump’s shoes as the focal point of the debate either. The other candidates devoted little effort to criticizing or contrasting with him. To Conant, that was a sign they consider him a fading ember: “No reason to risk losing a back-and-forth with a dead man,” Conant said. Others thought that although DeSantis did not stand out, he didn’t make any mistakes and may have succeeded in reminding more conservative voters why they liked him so much before his unsteady first months as a presidential candidate.

    Christie in turn may have connected effectively with the relatively thin slice of GOP voters irrevocably hostile to Trump. That may constitute only 10 to 15 percent of the GOP electorate nationally, but it represents much more than that in New Hampshire, where Christie could prove formidable, Ayres told me.

    But it won’t matter much which candidate slightly improved, or diminished, their position if they all remain so far behind Trump. Ayres believes materially weakening Trump in the GOP race may be beyond the capacity of any of his rivals; the only force that might bring him back within their reach, Ayres told me, is if his trial for trying to overturn the 2020 election commences before the voting advances too far next year and damages his image among more Republican voters.

    In a Republican context, Ayres said, “The only institutions that have the ability to bring him back to Earth are not political institutions; they are judicial institutions.”

    Kochel, who attended the debate, pointed out that the loud disapproval from the crowd at any mention of Trump’s legal troubles accurately reflected the desire of most GOP voters to bury the issue. “A lot of the base right now collectively has their hands up over their ears and are going ‘La-la-la,’” Kochel said. The problem for the party, though, is that while Republican partisans may not want to deal with the electoral implications of nominating a candidate facing 91 criminal charges, “general-election voters are going to deliver a verdict on all of this even if a jury doesn’t.”

    Apart from Christie and Hutchinson, the candidates on the stage seemed no more eager than the audience to address Trump’s actions. While all of them agreed Pence did the right thing on January 6 by refusing Trump’s demands to reject the election results, none except those two and Pence himself suggested Trump did something wrong in pressuring his vice president. Nor did the others find fault in anything else Trump did to subvert the 2020 result.

    The final act of Stoppard’s play finds Rosencrantz and Guildenstern drifting toward a doom that neither understands, nor can summon the will to escape. In their caution and timidity, the Republicans distantly chasing Trump don’t look much different.

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    Ronald Brownstein

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  • Trump’s Legal Problems Are Putting the GOP in a Vise

    Trump’s Legal Problems Are Putting the GOP in a Vise

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    The dilemma for the Republican Party is that Donald Trump’s mounting legal troubles may be simultaneously strengthening him as a candidate for the GOP presidential nomination and weakening him as a potential general-election nominee.

    In the days leading up to the indictment of the former president, which Manhattan District Attorney Alvin Bragg announced two days ago, a succession of polls showed that Trump has significantly increased his lead over Florida Governor Ron DeSantis, his closest competitor in the race for the Republican nomination.

    Yet recent surveys have also signaled that this criminal charge—and other potential indictments from ongoing investigations—could deepen the doubts about Trump among the suburban swing voters who decisively rejected him in the 2020 presidential race, and powered surprisingly strong performances by Democrats in the 2018 and 2022 midterms.

    “It is definitely a conundrum that this potentially helps him in the primary yet sinks the party’s chances to win the general,” says Mike DuHaime, a GOP strategist who advises former New Jersey Governor Chris Christie, a potential candidate for the 2024 Republican nomination. “This better positions [in the primary] our worst candidate for the general election.”

    That conundrum will only intensify for Republicans, because it is highly likely that this is merely the beginning of Trump’s legal troubles. As the first indictment against a former president, the New York proceeding has thrust the U.S. into uncharted waters. But the country today is not nearly as far from shore as it may be in just a few months. Trump faces multiple additional potential indictments. Those include possible charges from Fulton County, Georgia, District Attorney Fani Willis, who has been examining his efforts to overturn the 2020 election results in that state, as well as the twin federal probes led by Special Counsel Jack Smith into Trump’s mishandling of classified documents and his efforts to block congressional certification of President Joe Biden’s victory.

    “I think I had a pretty good track record on my predictions and my strong belief is that there will be additional criminal charges coming in other places,” says Norm Eisen, a senior fellow at the Brookings Institution. “I think you are going to see them in Georgia and possibly [at the] federal” level.

    The potential for such further criminal proceedings is why many political observers are cautious about drawing too many firm conclusions from polling around public reaction to this first indictment, which centers on Trump’s payment of hush money to the porn star Stormy Daniels late in the 2016 campaign.

    Read: The first electoral test of Trump’s indictment

    The multiple legal nets tightening around Trump create the possibility that he could be going through one or even multiple trials by the time of next year’s general election, and conceivably even when the GOP primaries begin in the winter of 2024. In other words, Trump might bounce back and forth between campaign rallies in Iowa or New Hampshire and court appearances in New York City, Atlanta, or Washington D.C.  And such jarring images could change the public perceptions that polls are recording now.

    “You are just looking at a snapshot of how people feel today,” Dave Wilson, a conservative strategist, told me.

    Yet even these initial reactions show how Trump’s legal troubles may place his party in a vise.

    Polls consistently show that Trump, over the past several weeks, has widened his lead over DeSantis and the rest of the potential 2024 field. That may be partly because Trump has intensified his attacks on DeSantis, and because the Florida governor has at times seemed unsteady in his debut on the national stage.

    But most Republicans think Trump is also benefiting from an impulse among GOP voters to lock arms around him as the Manhattan investigation has proceeded. In an NPR/PBS NewsHour/Marist College poll released this week, four-fifths of Republicans described the various investigations targeting Trump as a “witch hunt,” echoing his own denunciation of them. “There’s going to be some level of emotional response to someone being quote-unquote attacked,” Wilson said. “That’s going to get some sympathy points that will probably bolster poll numbers.”

    Republican leaders, as so many times before, have tightened their own straitjacket by defending Trump on these allegations so unreservedly. House GOP leaders have launched unprecedented attempts to impede Bragg’s investigation by demanding documents and testimony, and even Trump’s potential 2024 rivals have condemned the indictment as a politically motivated hit job; DeSantis may have had the most extreme reaction by not only calling  the indictment “un-American” but even insisting he would not cooperate with extraditing Trump from Florida if it came to that (a pledge that is moot because Trump has indicated he plans to turn himself in on Tuesday.)

    As during the procession of outrages and controversies during Trump’s presidency, most Republicans skeptical of him have been unwilling to do anything more than remain silent. (Former Arkansas Governor Asa Hutchinson, a long-shot potential 2024 candidate, has been the most conspicuous exception, issuing a statement that urged Americans “to wait on the facts” before judging the case.) The refusal of party leaders to confront Trump is becoming a self-fulfilling prophecy: Because GOP voters hear no other arguments from voices they trust, they fall in line behind the assertion from Trump and the leading conservative media sources that the probes are groundless persecution. Republican elected officials then cite that dominant opinion as the justification for remaining silent.

    But while the investigations may be bolstering Trump’s position inside the GOP in the near-term, they also appear to be highlighting all the aspects of his political identity that have alienated so many swing voters, especially those with college degrees. In that same NPR/PBS NewsHour/Marist survey, 56 percent of Americans rejected Trump’s “witch hunt” characterization and described the investigations as “fair”; 60 percent of college-educated white adults, the key constituency that abandoned the GOP in the Trump years, said the probes were fair. So did a slight majority of independent voters.

    In new national results released yesterday morning, the Navigator project, a Democratic polling initiative, similarly found that 57 percent of Americans, including 51 percent of independents, agreed that Trump should be indicted when they read a description of the hush-money allegations against him.

    Read: What Donald Trump’s indictment reveals

    The Manhattan indictment “may keep his people with him, it may fire them up, but he’s starting from well under 50 percent of the vote,” Mike DuHaime told me. “Somebody like that must figure out how to get new voters. And he is not gaining new voters with a controversial new indictment, whether he beats it or not.” Swing voters following the case in New York, DuHaime continued, “may not like it, they may think Democrats have gone too far, and that might be fair.” But it’s wishful thinking, he argues, to believe that voters previously resistant to Trump will conclude they need to give him another look because he’s facing criminal charges for paying off a porn star, even if they view the charges themselves as questionable.

    The NPR/PBS Newshour/Marist survey underlines DuHaime’s point about the limits of Trump’s existing support: In that survey, a 61 percent majority of Americans—including 64 percent of independents and 70 percent of college-educated white adults—said they did not want him to be president again. That result was similar to the latest Quinnipiac University national poll, which found that 60 percent of Americans do not consider themselves supporters of Trump’s “Make America great again” movement. The challenge for the GOP is that about four-fifths of Republicans said they did consider themselves part of that movement, and about three-fourths said they wanted him back in the White House.

    The open question for Trump is whether this level of support, even in the GOP, may be his high-water mark as the investigations proceed. Eisner and John Dean, the former White House counsel for Richard Nixon, both told me they believe that the New York case may be more threatening to Trump than many legal analysts have suggested. “I think that the New York case is much stronger than people perceive it to be,” Dean told me yesterday. “We really don’t know the contents of the indictment, and we really won’t know for a much longer time the evidence behind the indictment.”

    Whatever happens in New York, Trump still faces the prospect of indictments on the more consequential charges looming over him in Georgia and from the federal special prosecutor. Dean says that Bragg’s indictment, rather than discouraging other prosecutors to act “may have the opposite effect” of emboldening them. Trump “has escaped accountability literally his entire life and it finally appears to be catching up with him,” Dean says. Academic research, he adds, has suggested that defendants juggling multiple trials, either simultaneously or sequentially, find it “much harder to mount effective defenses.”

    Bryan Bennett, the senior director of polling and analytics at the Hub Project, the Democratic polling consortium that conducts the Navigator surveys, says the potential for multiple indictments presents Trump with a parallel political risk: The number of voters who believe he has committed at least one crime is very likely to rise if the criminal charges against him accumulate. “It’s hard to imagine any scenario where multiple indictments is useful” to him, Bennett told me.

    DuHaime and Wilson both believe that multiple indictments eventually could weigh down Trump even in the GOP primary. “The cumulative effect takes away some of the argument that it’s just political,” DuHaime said. Each additional indictment, he continued, “may add credibility” for the public to those that came before.

    Wilson believes that repeated indictments could reinforce the sense among Republican voters that Trump is being treated unfairly, and deepen their desire to turn the page from him. He likens the effect to someone living along a “Hurricane Alley,” who experiences not one destructive storm in a season but several. “The weight of a single hurricane blowing through is one thing,” Wilson told me. “But if you have several hurricanes of issues blowing through, you will get conservatives [saying], ‘I don’t know if I want to continue living in Hurricane Alley’ with Trump, and they are going to look at other candidates.”

    Given Trump’s hold on a big portion of the GOP coalition, no one should discount his capacity to win the party nomination next year, no matter how many criminal cases ensnare him. And given the persistent public dissatisfaction with the economy and lackluster job approval ratings for Biden, no one dismisses the capacity of whoever captures the Republican nomination to win the general election.

    The best-case scenario sketched by Trump supporters is that a succession of indictments will allow him to inspire even higher turnout among the predominantly non-college-educated and non-urban white voters who accept his argument that “liberal elites” and the “deep state” are targeting him to silence them. But even the heroic levels of turnout Trump inspired from those voters in 2020 wasn’t enough to win. For the GOP to bet that Trump could overcome swing-voter revulsion over his legal troubles and win a general election by mobilizing even more of his base voters, Bennett said, “seems to me the highest risk proposition that I can imagine.”

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    Ronald Brownstein

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